Beta User Agreement
This Beta User Agreement (“Agreement”) is entered into between Delara Vision, Inc., a Delaware corporation (“Company,” “we,” “us,” or “our”), and the individual or entity accessing or using the beta version of the Company’s software platform (“User,” “you”).
By accessing or using the Service, you agree to be bound by this Agreement.
1. Purpose of Beta Program
The Service is provided in a pre-commercial beta phase for testing, evaluation, and feedback purposes only. The Service may be incomplete, contain errors, or change without notice.
The Company may modify, suspend, or discontinue the Service at any time.
2. License
Subject to this Agreement, Company grants User a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for internal evaluation and clinical decision-support purposes.
No ownership rights are transferred
3. Clinical Decision Support Only
The Service is an experimental AI-based clinical decision-support tool
It is not a medical device, does not provide medical advice, diagnosis, or treatment, and does not replace the independent professional judgment of a licensed veterinarian.
All clinical decisions remain solely the responsibility of the User.
4. Confidentiality
User agrees to maintain the confidentiality of all non-public information relating to the Service, including but not limited to software functionality, outputs, documentation, models, and performance.
User shall not:
- Reverse engineer,
- Copy,
- Distribute,
- Disclose,
- Or create derivative works based on the Service.
5. Data Usage
User may upload radiographic images and related case materials to the Service.
User represents and warrants that:
- All uploaded materials are lawfully obtained.
- User has the right to submit such materials.
The Service is designed to process and store data in anonymized form.
Company may use anonymized and aggregated data derived from use of the Service to improve, validate, and develop its models and technology.
No identifiable patient information is required for use of the Service
6. Security
Uploaded data is stored using commercially reasonable security measures, including encryption mechanisms provided by infrastructure providers.
User acknowledges that no system is completely secure.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
8. Limitation of Liability
TTO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).
9. Termination
Company may terminate or suspend access at any time.
Sections relating to confidentiality, disclaimers, liability, and data usage survive termination.
10. Governing Law
This Agreement shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.
Any dispute shall be subject to the exclusive jurisdiction of the state or federal courts located in Delaware.