Terms of Use

1. Introduction

1.1 Introduction

These Terms of Use ("Terms") govern your access to and use of the website kebormed.com (the "Website"), provided by KeborMed Inc., a Delaware corporation ("KeborMed," "we," "us," or "our"). These Terms incorporate by reference other KeborMed policies referenced in these Terms, such as the Acceptable Use Policy set out in Exhibit A and our Privacy Policy.

These Terms do not apply to the Kubyk Platform. Kubyk is a product of KeborMed; access to and use of the Kubyk Platform are governed by the Kubyk Master Terms of Service at kubyk.health/terms.

1.2 Acceptance

By accessing or using the Website, you agree to be bound by these Terms. If you are using the Website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to that organization.

2. Eligibility

You must be at least 18 years old to use the Website. By using the Website, you represent that you meet these eligibility requirements.

3. License Grant

Subject to these Terms, KeborMed grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely in accordance with these Terms and the Acceptable Use Policy set out in Exhibit A to these Terms.

4. Restrictions on Use

You agree that you will not:

4.1 Copy, modify, or distribute the Website or any part thereof without the prior written consent of KeborMed;
4.2 Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website;
4.3 Remove, modify or obscure any copyright, trademark, or other proprietary notices contained in the Website;
4.4 Rent, lease, lend, sell, sublicense, or transfer the Website or any rights therein to any third party;
4.5 Use the Website for any unlawful purpose or in violation of any applicable laws;
4.6 Interfere with or disrupt the integrity or performance of the Website;
4.7 Attempt to gain unauthorized access to the Website or its related systems.

5. Intellectual Property

5.1 Website Ownership

The Website and its content, including all intellectual property rights therein, are and shall remain the exclusive property of KeborMed and its licensors. KeborMed reserves all rights not expressly granted.

5.2 Feedback

Any feedback, suggestions, or ideas you provide regarding the Website may be used by KeborMed without restriction or compensation.

6. Privacy and Data

6.1 Privacy Policy

Your use of the Website is governed by our Privacy Policy, which is incorporated in these Terms by reference.

6.2 Data Security

KeborMed implements reasonable technical and organizational measures to protect information you provide through the Website. However, no method of transmission or storage is completely secure.

7. Warranty Disclaimer

THE WEBSITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEBORMED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KEBORMED DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

8. Indemnification

You agree to indemnify, defend, and hold harmless KeborMed and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Website in violation of these Terms; (b) your violation of any laws or third-party rights; or (c) any third-party claims arising from your use of the Website.

9. Limitation of Liability

9.1 Exclusion of Damages

IN NO EVENT SHALL KEBORMED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9.2 Carveouts

The limitations in Section 9.1 shall not apply in the event of KeborMed's gross negligence or willful misconduct.

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles, and excluding the Uniform Computer Information Transaction Act (UCITA) as it may be enacted, amended, or modified by the various states.

10.2 Arbitration

Any dispute shall be resolved by binding arbitration in accordance with AAA rules, in Wilmington, Delaware.

10.3 Class Action Waiver

WE BOTH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

10.4 Jury Waiver

WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF THESE TERMS.

11. Miscellaneous

11.1 Entire Agreement

These Terms constitute the entire agreement between the parties regarding the Website.

11.2 Modifications

We may modify these Terms by posting a revised version, which modifications will be binding upon you if you continue to use the Website following posting.

11.3 Severability

If any provision is held invalid, the remaining provisions remain in effect.

11.4 Assignment

You may not assign these Terms without our consent. We may assign without restriction.

11.5 Notices

Notices shall be in writing, sent to legal@kebormed.com, and deemed received within 24 hours.

11.6 Force Majeure

Neither party is liable for failures due to causes beyond reasonable control.

11.7 Contact

For questions: legal@kebormed.com

Exhibit A: Acceptable Use Policy

This Acceptable Use Policy (this "Policy") describes prohibited uses of the Website (as defined above in these Terms of Use (the "Terms")). Capitalized terms used but not defined in this Policy shall have the meanings assigned thereto in the Terms. We may modify this Policy at any time by posting a revised version. You agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Website.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Website for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming.
Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations

You may not use the Website to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a "System"). Prohibited activities include:

Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
Interception. Monitoring of data or traffic on a System without permission.
Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

No Network Abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

No E-Mail or Other Message Abuse

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like "spam"), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender's identity without the sender's explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Website. We may:

Investigate violations of this Policy or misuse of the Website; or
Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Website.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.