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Terms of use

These Terms of Use constitute a legally binding agreement made between you personally (“you”) and Edenlab LLC (“we,” “us,” or “our”), concerning your access to and use of the Kodjin FHIR Profiling tool at https://kodjin.com/kodjin-fhir-profiler/ (also referred as the “Site”) and Kodjin FHIR Profiling tool plugin (also referred as the “Plugin”), as well as any other media form, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Software”).

1. General terms

1.1. You agree that by accessing the Software at the Site or downloading the Plugin, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Software or the Plugin, and you must discontinue use immediately.
1.2. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you agree to check such updates voluntarily instead of receiving specific notice of each such change. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Software after the date such revised Terms of Use are posted.
1.3. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction.

2. User registration

2.1. You may be required to register with the Site. By creating an account at the Site you confirm that you are at least 18 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site and the Software. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to using the Software.
2.2. You agree to keep your password confidential and will be responsible for all use of your account. Your account must be accessed only by you, and not by any other person unless you have obtained our prior permission to transfer your account to another person.

3. User obligations

3.1. By using the Software, you undertake the following obligations:

3.1.1. to use the Software solely for the designed purpose – creation of FHIR profiles using the profiling tool available at the Site and further downloading profiles to your own device.
3.1.2. to submit true, accurate, current, and complete registration information and maintain the accuracy of it;
3.1.3. not to use the Software for any illegal or unauthorized purpose including through automated or non-human means (bot, script, or otherwise).

3.2. If you provide any information that is untrue, inaccurate, not current, incomplete, or inappropriate, we have the right to remove, reclaim, or change a username, or to suspend or terminate your account and refuse any and all current or future use of the Software.

4. Banned activities

4.1. You may not access or use the Software for any purpose other than that for which the Software is available. The Software may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

4.2. As a user of the Software, you agree not to:

4.2.1. circumvent, disable, or otherwise interfere with security-related features of the Software, including features that prevent or restrict the use or copying of any сontent or enforce limitations on the use of the Software and/or the сontent contained therein;
4.2.2. decipher, decompile, disassemble, or reverse engineer any of the Software;
4.2.3. attempt to bypass any measures of the Site designed to prevent or restrict access to the Software, or any portion of the Site;
4.2.4. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Software or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Software;
4.2.5. use the Software in a manner inconsistent with any applicable laws or regulations.

5. Intellectual property. Software and Plugin license

5.1. Unless otherwise indicated, the Software, the Plugin, and the Site, including any portion of the content and trademarks, service marks, and logos contained therein (collectively the “Intellectual Property”), are owned or controlled by us or licensed to us.

5.2. You are granted a limited license to access and use the Software solely for your personal, non-commercial use worldwide for the entire term of copyright protection. Except as expressly provided in these Terms of Use, no part of the Software, the Plugin, or the Site may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3. We do not claim any rights to any profile created using the Software.

5.4. The Kodjin FHIR Profiling tool plugin (“Plugin”) is a tool that may be placed on your Visual Studio Code application (“Application”), which allows users of the Application to access the Software. Subject to your compliance with these Terms of Use, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Plugin on your Application solely for your own use as permitted hereby. You are not licensed to use the Plugin for any other purpose, and, except for the limited license set forth herein, nothing in these Terms of Use shall be deemed to grant you any right, title, or interest in the Plugin.

6. Termination

6.1. These Terms of Use shall remain in full force and effect while you use the Software. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Software (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Site or delete your account at any time, without warning, at our sole discretion.

6.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

6.3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress and reporting infringers to law enforcement authorities.

7. Disclaimer

7.1. The Site and the Software are provided on an as-is and as-available basis. You agree that your use of the Software and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site, the Software, and your use thereof, including, without limitation, the implied warranties of fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Software’s content or the content of any websites linked to the Site, and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site and the Software, (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (4) any interruption or cessation of transmission to or from the Site or the Software, (5) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site or the Software by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

8. Limitations of liability and indemnifications

8.1. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site or the Software, even if we have been advised of the possibility of such damages.

8.2. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Software; (2) breach of these Terms of Use; (3) any breach of your obligations, representations, and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Software with whom you connected via the Site.

8.3. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

9. Privacy policy

9.1. Please review our Privacy Policy. By using the Software, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

10. Governing law and disputes resolution

10.1. These Terms of Use and your use of the Software are governed by and construed in accordance with the laws of Estonia, applicable to agreements made and to be entirely performed within Estonia, without regard to its conflict of law principles.

10.2. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively the “Disputes”) brought by either you or us (individually a “Party” and collectively the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 25 days before initiating dispute in the court. Such informal negotiations commence upon written notice from one Party to the other Party.

10.3. Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state courts of Estonia, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such national courts.

11. Other terms

11.1. We reserve the right to change, modify, or remove the contents of the Site, the Software, or these Terms of Use at any time or for any reason at our sole discretion without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Software during any downtime or discontinuance of the Site or the Software.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Software.

We cannot guarantee the Software will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Software, resulting in interruptions, delays, or errors.

11.2. There may be information on the Site or in the Software that contains typographical errors, inaccuracies, or omissions that may relate to the Software. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information related to the Software at any time, without prior notice.

11.3. These Terms of Use, along with any policies or operating rules posted by us on the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right of these Terms of Use shall not operate as a waiver of such right.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

11.4. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties to execute these Terms of Use.

11.5. In order to resolve a complaint regarding the Site and the Software, including potential infringement of your copyright, or to receive further information regarding use of the Site and the Software, please contact us at [email protected]

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