Last Updated: April 6, 2025
These Terms of Service ("Terms") govern your use of the SmartVaxAI platform, website, and services (collectively, the "Services") operated by SmartVaxAI LLC ("us", "we", or "our"). Please read these Terms carefully before using our Services.
By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.
1.1 We are committed to complying with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations. In providing our Services, we act as a Business Associate to Covered Entities as defined by HIPAA.
1.2 For Covered Entities using our Services, a Business Associate Agreement (BAA) must be executed before any Protected Health Information (PHI) is transmitted to or processed by our Services. Please contact our legal department at legal@smartvaxai.com to initiate a BAA.
1.3 We implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of PHI that we create, receive, maintain, or transmit on behalf of Covered Entities.
2.1 When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
2.2 You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password.
2.3 You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3.1 The Services and their original content, features, and functionality are and will remain the exclusive property of SmartVaxAI LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
3.2 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SmartVaxAI LLC.
3.3 You retain all your rights to any content you submit, post, or display on or through the Services, including vaccination records and related data. By submitting, posting, or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store the content in accordance with the purpose of our Services and as described in our Privacy Policy.
4.1 You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
5.1 We follow industry-standard practices to protect all data, including PHI, processed through our Services. Our security measures include encryption, access controls, regular security assessments, and employee training.
5.2 Despite our efforts, no method of electronic transmission or storage is 100% secure. We cannot guarantee absolute security of your data.
5.3 Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and disclose information from our users. By using our Services, you consent to our collection and use of information as described in the Privacy Policy.
6.1 In no event shall SmartVaxAI LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
6.2 In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability is limited to the greatest extent permitted by law.
7.1 The Services are provided on an "AS IS" and "AS AVAILABLE" basis. SmartVaxAI LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither SmartVaxAI LLC nor its suppliers and licensors makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted.
7.2 The Services are not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
8.1 You agree to defend, indemnify, and hold harmless SmartVaxAI LLC, its parent company, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right; or (iv) any claim that your use of the Services caused damage to a third party.
9.1 We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms.
9.2 Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us at support@smartvaxai.com.
9.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10.1 These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
10.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
11.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date.
11.2 By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
If you have any questions about these Terms, please contact us at:
SmartVaxAI LLC
Email: legal@smartvaxai.com
2025 SmartVaxAI LLC. All Rights Reserved.