PLATFORM TERMS OF USE
THESE PLATFORM TERMS AND CONDITIONS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION REFERENCED BELOW.
READ THESE PLATFORM TERMS AND CONDITIONS OF USE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE WEB-ENABLED SERVICE PLATFORM PROVIDED BY SEER HEALTHCARE, INC. AND ITS SUBSIDIARIES, AFFILIATES AND PROPERTIES (COLLECTIVELY, “SEER HEALTHCARE”, “WE”, “US”, “OUR”, “COMPANY”, OR SUCH TERMS OF SIMILAR CORRELATIVE MEANING).
These Platform Terms and Conditions of Use (“Terms”) sets forth additional terms and conditions that govern your access to and use of the commercially-available web-enabled service platform provided by the Company (“Seer Crystal” or the “Service”).
Assent. By continuing to use the Service or clicking an Accept, Confirm, Ok, Register or similar button or icon, connecting to the Service or by accessing, browsing, or using the Service in any manner, or registering for services on or through the Service, or by accepting, uploading, submitting or downloading any information or content from or to the Service, you agree to be bound to these Terms, our Privacy Policy, and the Website Terms of Use, in each case which shall be incorporated herein by reference, whether or not you registered with the Service. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Service in any manner, and each of your heirs, assigns, and successors. The Service reserves the right to deny access to any person who violates these Terms. In the event of any conflict of inconsistency among these Terms, our Privacy Policy, and the Website Terms of Use, the following order of precedence, from highest to lowest, shall control and govern over other documents: our Privacy Policy governs over these Terms, and these Terms govern over the Website Terms of Use.
Services. You hold no other rights or privileges pertaining to the Service other than as expressly set forth in these Terms. Your rights as a Service user are solely and exclusively governed by these Terms. You are not, and you forever disclaim all rights as, an agent, representative, fiduciary, or any other legal or statutory rights designations, in each case, of the Company. You have no authority to bind the Company in any manner. You will not hold yourself as an agent for the Company in any capacity. Your rights and privileges pertaining to the Service are not transferable or assignable. Company reserves the right, in its sole discretion, to cancel, terminate, modify, change, add to, eliminate, extend or suspend some or all of these Terms for any reason with or without notice. If such items were initially available online, Company will use its commercially reasonable efforts to post the same, as amended, modified or otherwise changed. Regardless, your continued use of the Service shall constitute your acceptance and agreement to be bound by such items, as amended, modified or otherwise changed. All determinations as to the enforcement of these Terms shall be made by Company in its sole and absolute discretion, and is final and unappealable. You agree to fully and unconditionally agree to be bound by these Terms and the decisions of the Company, which will be final and binding in all matters relating to the Service. Decisions as to the management, administration and operation of the Company and Service are under the sole and exclusive control of the Company.
Your registration or use of the Service entitles you to specific benefits (“Service Benefits”). The current description of Service Benefits pertaining to the specific Service level to which you registered or are using are available here. No other benefits or rights are afforded to you as a user of the Service. As stated above, Service Benefits may be changed, modified, revoked, added or eliminated with or without notice to you. Certain Service users may have different or additional Service Benefits than other Service users depending on their type or level of Service that they registered or accepted (“Service Levels”). You will only be provided the Service Benefits which correspond to your Service Level. You will not be entitled to any Service Benefit which corresponds to a Service Level that is not your Service Level. As stated above, Service Levels may be changed, modified, revoked, added or eliminated with or without notice to you. Your Service Level will be determined based upon the level you chose to subscribe for upon registration with the Service (or in some cases, the Service Level to which you are converted into from a prior Service Level upon the effective conversion date as determined by the Company upon sole discretion of Company).
Payment. Only one (1) individual is entitled to the Service Benefits of a single subscribed Service. A single user subscription or registration may not be shared with another individual.
Company will process a Service user’s purchase of a Service as promptly as possible. There may be delay in activation of a subscription or processing of a Service while payment details are verified. Company reserves the right to reject any order or purchase at any time. If your initial payment authorization is later revoked, your subscription or order will be terminated. Contact us at info@seerhealthcare.com if you believe your access was terminated in error. Unless specified otherwise in this Section, all charges are nonrefundable. When you purchase a Service, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. Discount eligibility is determined at the time of the order. Some Services have one-time registration or activation fees in addition to recurring fees. Discounts cannot be applied retroactively. All prices are in United States Dollars, unless otherwise stated. Company reserves the right to change prices and fees at any time. Company will notify you in advance if the rate/price of a Service changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your Service or purchase from that point forward. Applicable taxes may vary. Company is not able to notify you in advance of changes in applicable taxes. If a stated price is determined by Company in its sole discretion to be in error, Company is under no obligation to offer you the Service at that price. Company will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.
Your subscription for a Service entitles you to only those Service Benefits specified for your particular Service Level, subject to change as provided herein. You may not have access to benefits of other users in a different Service Level.
When you use your Service, you may incur other additional charges from third-party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.
If you believe someone else has wrongfully used your subscription or you are being charged for a service you do not have, please contact us at help@seerhealthcare.com.
Billing. Company will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial period. Billing will continue according to the cycle stated at the time of your order. Your subscription will renew automatically at the end of your subscription period based upon the same terms as your initial subscription for the same time period, and you will be charged in advance. When Company renews your subscription, Company will use the payment method currently associated with your account. If you redeem a gift subscription, upon expiry of the gift subscription period your subscription on a paid basis will renew automatically on a paid basis after the gift subscription period expires, unless notified in writing otherwise. In most cases, you will not be notified in advance of impending renewals and you expressly agree to waive the application of New York General Obligations Law section 5-903 and any similar laws. You hereby authorize Company to make all necessary charges or debits using the payment method currently associated with your account in accordance with this Section (e.g., credit or payment card).
When you change your subscription, you will receive a prorated credit toward your new subscription.
When you make a one-time purchase (for example, a standalone product or service), Company will charge or debit your payment method at the time of purchase. The currency in which you will be billed will be stated during the purchase process and is determined based on your billing address.
If your credit card expires or your payment method is otherwise invalid, your subscription or product will not automatically be terminated. You will remain responsible for all charges.
You will be responsible for all costs Company incurs in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.
Promotions. Company may occasionally offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined.
You are required to provide your payment details when you sign up for a promotion. At the end of the promotion, your subscription on a paid basis will renew automatically on a paid basis after the promotional subscription period expires, unless notified in writing otherwise.
Company will not notify you in advance that the promotion is about to end and Company will not notify you when your promotional rate has ended. To cancel and avoid being charged, you must notify Company before the promotion ends.
Cancellation. When you cancel a subscription, you cancel only future charges associated with your subscription. You may notify Company of your intent to cancel at any time, but the cancellation will become effective at the end of your current subscription period and you are responsible and liable for all fees and charges through to the end of the current subscription period. You will not receive a refund for the current billing cycle. You will continue to have the same access and Service Benefits of your Service Level for the remainder of the current billing period.
Company reserves the right to make changes to any Service or Service Benefit at any time with or without notice for any reason. If Company changes, reduces or eliminates the Service or your Service Benefits, you will not receive a refund. Company reserves the right to issue refunds or credits at its sole discretion. If Company issues a refund or credit, Company is under no obligation to issue the same or similar refund in the future.
Notices and Messages. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Confidentiality. All non-public information that you deliver through the Service (“confidential information”) will be held confidentially. Except with your consent or authorization, confidential information will not be disclosed by us to any third-party (other than our advisors, investors, professionals, officers, directors, managers, partners, fiduciaries, employees, consultants, personnel, and contractors (including accountants, financiers, and lawyers of any of the foregoing) on a need to know basis who are directed to maintain such information as confidential). We will use confidential information solely in connection with the Service and/or Service Benefit, and to maintain the overall safety, security, and integrity of our Service and other products. With your consent or authorization, we may also use your information on a de-identified and aggregate basis to perform research and analysis. Confidential information, however, shall not include information publicly available without any fault by us, information that is in our possession or knowledge prior to your delivery to us, information received from a third-party without an obligation of confidentiality, information independently developed or created by us or on our behalf, and information required to be disclosed by applicable law. Upon termination or expiration of your Service, you will be afforded a reasonable opportunity or time to port your information maintained on the Service, after which such information will be destroyed.
Other Terms. As stated above, you agree to be bound to these Terms, our Privacy Policy, and the Website Terms of Use, in each case which shall be incorporated herein by reference. Without limiting the foregoing, the term “Site” as used in the Website Terms of Use shall include the Service, and for avoidance of doubt, the following Sections in the Website Terms of Use are incorporated herein by reference – Eligibility, Content, Copyright, User Registration, User Content Representations and Warranties, User Content License, User Content Screening and Removal, User Content Assumption of Risk, User Content Posting Rules, General Disclaimer and Limitation of Liability, Indemnity, Modifying These Terms, Discontinuation of Service Term of Limitations, Disputes, MANDATORY ARBITRATION AND CLASS ACTION WAIVER (Initial Dispute Resolution, Binding Arbitration, Class Action Waiver, Exception, 30-Day Right to Opt Out, Changes to Dispute Resolution and Choice of Law, Survival), Force Majeure, Severability, No Waiver, No Third-Party Beneficiary, Section Titles, Termination, Conflicts, No Joint Venture, Partnership or Agency Relationship, Material Terms, Entire Agreement.
Effective Date: July 8, 2024