DataVisionary Terms of Service

Effective Date: 10-01-2025

‍Please read these Customer Terms of Service and all referenced or linked materials carefully before using the DataVisionary Subscription Service or before purchasing any Consulting Services.

This Agreement is a legally binding contract between you (“Customer”) and DataVisionary, Inc. (“DataVisionary”). DataVisionary provides the Subscription Service and Consulting Services subject to and conditioned upon your acceptance of this Agreement.

BY ACCESSING OR USING THE SUBSCRIPTION SERVICE IN ANY WAY, OR BY RECEIVING CONSULTING SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SUBSCRIPTION SERVICE OR RECEIVE CONSULTING SERVICES.

DataVisionary may periodically update these Terms of Service. Notice of updates will be provided within the Subscription Service or via DataVisionary’s website at https://datavisionary.ai/terms.

1. Definitions

Key terms used throughout this Agreement include:

Agreement: These Customer Terms of Service, including any Order Forms, Statements of Work, and referenced policies.
Subscription Service: DataVisionary’s web-based healthcare analytics platform, including dashboards, integrations, and related features, accessible at https://app.datavisionary.ai or another designated URL.
Consulting Services: Professional services such as training, implementation, integration, or strategic consulting provided by DataVisionary under an Order Form or Statement of Work.
Customer Data: All information submitted by Customer through the Subscription Service, excluding Sensitive Information (as defined below).
Sensitive Information: Credit/debit card numbers, Social Security numbers, government IDs, protected health information (PHI) under HIPAA (unless explicitly covered by a Business Associate Agreement), or similar categories of sensitive data.
Order Form: A written or electronic order document agreed upon by both parties that sets forth details of the Customer’s subscription.
Subscription Term: The initial and renewal periods of Customer’s Subscription Service.
Users: Customer’s employees, contractors, or agents authorized to use the Subscription Service.

2. Subscription Service

Access: During the Subscription Term, DataVisionary will provide Customer access to the Subscription Service, subject to the terms of this Agreement and any Order Form.
Limits: Usage limits (e.g., number of Users, data sources, or dashboards) may apply as defined in Customer’s Order Form.
Modifications: DataVisionary may modify or improve the Subscription Service, provided such changes do not materially reduce core functionality during an active Subscription Term.
Trials: Free trials are provided “as is” and may be terminated at any time. Unless Customer subscribes before the trial ends, all trial data will be permanently deleted.

3. Customer Support

Support is included in the Subscription Fee. Standard support hours are 9 AM–6 PM Eastern, Monday–Friday, excluding U.S. holidays. DataVisionary provides 24/7 web form submission via https://datavisionary.ai/contact.

4. Consulting Services

Consulting Services may be purchased separately under an Order Form or Statement of Work. Unless otherwise agreed, these services are performed remotely and billed in advance. Customer will reimburse reasonable travel expenses for on-site services.

5. Fees and Payments

Fees: Subscription Fees are outlined in the Order Form. Fees may adjust if Customer exceeds agreed limits or purchases additional features.
Billing & Payment: Payment is due in advance via credit card or invoice (Net 30). All fees are non-refundable, except as expressly stated in this Agreement.
Taxes: Fees are exclusive of applicable taxes, which Customer is responsible for.

6. Subscription Term and Renewal

Subscriptions renew automatically for successive terms equal to the Initial Subscription Term (or one year, whichever is shorter) unless either party provides written notice of non-renewal at least 45 days before expiration.

7. Proprietary Rights

The Subscription Service, Consulting Services, and related content are the property of DataVisionary and its licensors. Customer is granted only a limited right to access and use the Subscription Service.

8. Customer’s Proprietary Rights

Customer retains ownership of all Customer Data and Customer Materials. Customer grants DataVisionary the right to use such data solely for the purpose of delivering the Subscription Service and Consulting Services.

9. Publicity

Customer grants DataVisionary the right to reference Customer’s name and logo in marketing materials and case studies, unless otherwise agreed in writing.

10. Customer Data

Use: DataVisionary will use Customer Data only to provide the Subscription Service in compliance with applicable law and DataVisionary’s Privacy Policy.
Security: DataVisionary maintains appropriate administrative, physical, and technical safeguards.
Sensitive Information: Customer agrees not to submit Sensitive Information unless explicitly covered under a Business Associate Agreement (BAA).

11. Acceptable Use

Customer agrees not to misuse the Subscription Service, including but not limited to: reverse engineering, unauthorized access, interference with system performance, or unlawful use.

12. Third-Party Services

The Subscription Service may integrate with third-party systems. DataVisionary is not responsible for third-party products or content.

13. Indemnification

Customer will indemnify and hold harmless DataVisionary from claims arising from (a) misuse of the Subscription Service, (b) violation of this Agreement, or (c) use of third-party products.

14. Disclaimers; Limitation of Liability

Disclaimer: The Subscription Service is provided “as is.” DataVisionary disclaims all warranties except those expressly stated.
Limitation: Except for payment obligations and indemnification, each party’s aggregate liability shall not exceed the fees paid by Customer in the 12 months preceding the claim.

15. Termination and Suspension

Either party may terminate this Agreement for material breach not cured within 30 days. DataVisionary may suspend access for non-payment or unlawful use. Upon termination, Customer must cease use of the Subscription Service.

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16. General

Governing Law: This Agreement is governed by the laws of the State of Delaware, U.S.A.
Force Majeure: Neither party is liable for delays caused by events outside reasonable control.
Entire Agreement: This Agreement, including Order Forms and Statements of Work, constitutes the entire agreement between the parties.
Assignment: Customer may not assign this Agreement without prior written consent.
Notices: Notices to DataVisionary must be sent to:
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DataVisionary, Inc.
‍DataVisionary, AI LLC
4167 Cranberry Ln,
Williamsburg, MI 49690
Attn: Legal Department
Email: legal@datavisionary.ai

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