Terms of Service
Last Updated: February 14, 2025
Version 1.0
These Terms of Service (“Terms”) govern your access to and use of the Brim Analytics website ( www.brimanalytics.com) (the “Website”), operated by Brim Analytics (“we,” “us,” or “our”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue using the Website.
Please see the Brim Analytics Privacy Policy for information on our data collection and privacy practices.
- Acceptance of Terms
By accessing or using the Website, you represent that:
- You have read, understood, and agree to be bound by these Terms and our Privacy Policy.
- You are legally allowed to enter into a binding contract in your jurisdiction.
- If you are using the Website on behalf of a company or other legal entity, you have the authority to bind such entity to these Terms.
- You understand that we may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Website and by continuing to use this Website, you agree to any changes.
- Description of Service
- The Website is used to promote Brim Analytics, which provides an AI-enhanced tool to extract structured data from unstructured medical records. The Website may include information about our product features, pricing, customer testimonials, and other promotional material. Any new features or services which are added to the Website shall also be subject to these Terms.
- Use of the Website
- Eligibility: You must be at least 18 years old to use the Website.
- Prohibited Activities: You agree not to:
- Use the Website for any unlawful purpose or in violation of any local, state, national, or international law or regulation.
- Interfere with or disrupt the Website or servers through hacking or other malicious means.
- Transmit any viruses, malware, or other harmful code.
- Collect or track the personal information of others without their consent.
- Engage in any activity that might harm or harass others or that depicts or encourages unlawful or violent acts.
- Use the Website for the development of any software program, model, algorithm, or generative AI tool, including but not limited to training or using the content on the Website in connection with the development or operation of a machine learning or artificial intelligence (AI) system.
- Intellectual Property
- Ownership: The Website and all of its original content (including text, graphics, logos, icons, images, videos, and software) are the property of Brim Analytics and are protected by applicable copyright, trademark, and other intellectual property laws.
- License to Use: We grant you a limited, non-exclusive, revocable license to access and use the Website for your personal or internal business purposes. Any unauthorized use of the Website or its content is prohibited.
- If you provide us with any suggestions or feedback regarding the Website or our products and services or submit other content to the Website, you grant us a worldwide, perpetual, nonexclusive, irrevocable, royalty-free, sub-licensable license to any content you submit to the Website, which includes without limitation for Brim Analytics to use such content and incorporate such feedback into our products or services.
- Third-Party Links and Resources
The Website may contain links to third-party websites or resources that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, or services. If you access a third-party website or use a third-party service, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites or services. You should direct any concerns regarding any third-party websites or resources to such sites.
- DISCLAIMER OF WARRANTIES
- THE WEBSITE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
- WE DO NOT WARRANT THAT:
- THE WEBSITE WILL MEET YOUR SPECIFIC REQUIREMENTS.
- THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE WEBSITE BY ANY USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BRIM ANALYTICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED , WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BRIM ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOAD OR ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
- ANY DAMAGES RESULTING FROM EVENTS BEYOND OUR REASONABLE CONTROL.
IF, DESPITE THE LIMITATIONS, WE ARE FOUND LIABLE FOR ANY REASON OR THE JURISDICTION DOES NOT ALLOW LIMITATION OF DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO THE WEBSITE.
- Indemnification
You agree to indemnify, defend, and hold harmless Brim Analytics and its affiliates, officers, agents, employees, and partners from any claim, demand, or damages, including reasonable attorneys’ fees, arising out of or related to your use of the Website, your violation of these Terms, or your violation of any rights of another.
- Termination
We reserve the right to terminate or suspend your access to the Website at our discretion, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Upon termination, the provisions of these Terms which by their nature should survive termination shall remain in effect.
- Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Davidson County, Tennessee, and you consent to the personal jurisdiction of such courts.
- Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we make significant changes, we will post the update Terms to our Website. Your continued use of the Website following the posting of any changes to the Terms constitutes acceptance of those changes.
- Miscellaneous
- Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Brim Analytics regarding your use of the Website.
- Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- No Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may assign these Terms without restriction.
- Contact Us
If you have any questions about these Terms, please contact us at: support@brimanalytics.com.