Terms of Use Agreement

Updated 25th September 2024


Welcome to our website (the "Site"). By using the Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use the Site. The terms "Casepal AI, Inc." "Casepal," "casepal," "us," "we" or "our" refers to Casepal AI, Inc., a C-Corporation under the laws of the U.S. State of Delaware, registered with the Division of Corporations, State of Delaware (Registration No 3987146).
The term "you" refers to the user or viewer of the Site.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Acceptance of Agreement

You agree to the terms and conditions set forth in this Terms of Use Agreement ("Agreement") with respect to the Site. This Agreement, our Privacy Policy , and our Cookie Policy, along with any other terms or agreements agreed to on the Site, constitute the entire and only agreement between you and us with regard to your use of the Site and any Site Content and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of the Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. When we update this Agreement, we will update the date at the beginning of this Agreement.

For purposes of clarity, this Agreement relates solely to your use of the Site and, to the extent you have entered into an engagement letter with Casepal AI, Inc. for software licensing to you, this Agreement will not affect such license agreement and will apply to a separate agreement provided by Casepal AI, Inc.

2. Jurisdiction, Applicable law

Any disputes relating to the website or to these terms shall be brought before the court located in Delaware, U.S., and will be governed and analyzed according to Delaware law, on their merits, independently of the rules concerning conflicting legislation. Use of the website indicates your express agreement to submit to the exclusive jurisdiction of those courts and further agreement that they are a convenient forum for you.

In the event that any provision of these terms is held unenforceable, the remaining provisions will not be affected, and the unenforceable provision will be replaced with a provision that comes as close as possible to that of the unenforceable provision that replaces the effect of which comes.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIESʼ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND

3. Consumer Dispute Resolution

In accordance with EU Regulation No. 524/2013, we inform you that the European Commission provides a platform for online dispute resolution (ODR) for consumers. This platform is accessible at:http://ec.europa.eu/consumers/odr/

Casepal AI, Inc. is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. However, we are committed to resolving any disputes directly with our customers in a fair and efficient manner. For any issues or complaints regarding our products or services, please contact us first at info@casepal.co. We will strive to address your concerns promptly and find a mutually satisfactory solution. We are not obliged to use, and we will not make use of, Alternative Dispute Resolution entities within the meaning of the Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz– VSBG) to resolve disputes with consumers.

4. Copyright

©2024Casepal AI, Inc. All rights reserved.

All content on this website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Casepal AI, Inc. or its content suppliers and is protected by United States and international copyright laws.

The compilation of all content on this site is the exclusive property of Casepal AI, Inc. and is protected by U.S. and international copyright laws. All software used on this site is the property of Casepal AI, Inc. or its software suppliers and is protected by United States and international copyright laws.

Unauthorized use, reproduction, modification, distribution, or duplication of any content on this website without express written permission from Casepal AI, Inc. is strictly prohibited.

5. Trademark

The name 'casepal' and the casepal logo are trademarks of Casepal AI, Inc. Trademark applications have been filed with the United States Patent and Trademark Office (USPTO) and the European Union Intellectual Property Office (EUIPO). These marks are currently pending registration.

All other trademarks, service marks, and logos used on this website are the trademarks, service marks, or logos of their respective owners.

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Casepal AI, Inc. or the third party that may own the applicable trademark. Your misuse of the trademarks displayed on this website or any other content on this website, except as provided herein, is strictly prohibited.

We vigorously defend our trademark rights. If you have any questions or concerns about the use of our trademarks, please contact us at info@casepal.co

6. Limited License; Permitted Uses

You are granted a nonexclusive, nontransferable, revocable license (a) to access and use the Site and Site Content solely in accordance with this Agreement; (b) to use the Site and Site Content solely for internal, personal, noncommercial purposes and (c) to print out discrete information from the Site and Site Content solely for internal, personal, noncommercial purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or Site Content may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Notwithstanding the foregoing, Site Content may include Documents (as defined in the "Forms, Agreements & Documents" Section below) that are made available for you to use. You may use those Documents in accordance with the terms, conditions and disclaimers set forth in the "Forms, Agreements & Documents" Section below, this Agreement, and subject to any other terms, agreements or disclaimers provided on the Site in connection with those forms or templates.

7. Restrictions and Prohibitions on Use

Your license for access and use of the Site and Site Content are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by the “Limited License; Permitted Usesˮ Section above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Site Content retrieved therefrom; (b) use the Site or any Site Content to develop, of as a component of, any information, storage and retrieval system, database, information base or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription or any other commercial distribution mechanism; (c) create compilations or derivative works of any Site Content ; (d) use any Site Content in any manner that may infringe any copyright, intellectual property right, proprietary right or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site or Site Content; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names or other means of deceptive addressing and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating e-mail, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

8. Language

This Terms of Use and all content on the Casepal AI, Inc. website are provided in English only. All official communications, disputes, and legal proceedings relating to this legal notice or our services shall be conducted in English unless otherwise required by applicable law.

9. Linking to the Site

You may provide links to the Site, provided that (a) you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic activities and (c) you discontinue providing links to the Site immediately upon request by us.

10. Warranty

All content of this website, including, but not limited to, graphics, text and hyperlinks or references to other sites, is subject to alteration without prior notice and is provided "as is" and without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or other harmful components. We do not warrant the adequacy, accuracy, reliability, or completeness of any information on this website and expressly disclaim any liability for errors or omissions therein. We do not warrant that the functions of the website will be uninterrupted and/or error-free, that defects will be corrected, or that the website or the servers that make them available are free from computer viruses or other harmful components.

11. Disclaimer of Warranties; Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, THE SITE AND SITE CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT). THE SITE CONTENT AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF SITE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; (VII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (VIII) YOUR USE OF THE SITE OR THE SITE CONTENT OR (IX) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR OR OUR AFFILIATED PARTIESʼ REASONABLE CONTROL. TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR THE SITE OR SITE CONTENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TO THE EXTENT PERMITTED BY LAW WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES DO NOT WARRANT THAT THE SITE OR SITE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND SITE CONTENT WOULD NOT BE PROVIDED WITHOUTSUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGHTHESITE, SITE CONTENT OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOTEXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL WE, OUR AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVEBEENADVISED OF THEPOSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOUSPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12.Use of Content

This website is available for information purposes only. The posting of content and access to the website do not represent, either explicitly or implicitly, any provision of services or products by us.

13.Hyperlinked and Reference Websites

For your convenience, certain hyperlinks or referenced websites on this website may take you to third parties' websites, which are generally recognized by their top-level domain name. Their content has not been investigated or analyzed by us, and we do not warrant the adequacy, accuracy, reliability, or completeness of any information on hyperlinked or referenced websites and expressly disclaim any liability for any and all of their content.

Therefore, Casepal AI, Inc. shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

By accessing this website, you also agree to abide by the proprietary guidelines applicable to any website accessed or hyperlinked through this website.

Reservation of Rights
We reserve the right to change, modify, add to, or remove portions of these terms of use at any time.

14. Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site or in the Site Content;
4. Your address, telephone number and email address;
5. A statement by you that you have a good‑faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright ownerʼs behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an email to the Copyright Agent at papastergiou@casepal.co.

15. Data Protection

At Casepal AI, Inc., we are committed to protecting your privacy and handling your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR), where applicable. We collect and process personal data only to the extent necessary to provide our services, improve our website, and comply with legal obligations. For detailed information about how we collect, use, and protect your personal data, please refer to our comprehensive athttps://www.casepal.co/privacypolicy
Our Privacy Policy outlines:
● The types of personal data we collect
● How we use your data
● Your rights regarding your personal data
● Our data security measures
● How to contact us about privacy matters Privacy Policy at If you have any questions or concerns about our data protection practices, please contact our Data Protection Officer at papastergiou@casepal.co. By using our website and services, you consent to our data practices as described in our Privacy Policy. We encourage you to review it regularly, as it may be updated from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons.

16. Use of Information/Privacy Policy

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

17. Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic information.

18. Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Site Content.

19. Miscellaneous

To the extent permitted by law, any cause of action by you with respect to the Site or Site Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or Site Content are in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

20. Severability

If any one or more of the provisions of this Agreement or of the Site should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, then (i) the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable shall be unaffected; (ii) the effect of the ruling shall be limited to the jurisdiction of the court or other government body making the ruling; (iii) the provision(s) held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other government body is authorized to reform the provision(s), to the minimum extent necessary to render the provision(s) valid and enforceable in conformity with the intent as manifested herein and (iv) if the ruling and/or the controlling principle of law or equity leading to the ruling is subsequently overruled, modified or amended by legislature, judicial or administrative action, then the provision(s) in question as originally set forth in this Agreement or the Site shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity