Terms of Use

Terms of Use — Tachin.ai

Last Updated: May 23rd, 2024

By accepting (“click the link”), you indicate that you have read, understood, accepted, and become legally bound to this Terms of Use between Tachin.ai Corporation (collectively referred to as "Company”, "us" or "we"), and you as an Authorized User (“you”) of the website, mobile apps or other electronic means controlled by Company (collectively, the “Platform”).

This Terms of Use governs and applies to your access and use of the Platform. 

  1. Definitions
    • - Account means the Authorized User’s registration for access to the Platform. 
    • - Authorized User means an individual employee, contractor, or agent of Customer, who is authorized by Customer to access the Platform to perform work on behalf of Customer.  
    • - Customer means either (i) a business entity contracted with Company for goods and services provided by the Company, as well as for the use of the Platform by its Authorized Users; or (ii) a business entity that is approved by Company to use the free features of the Platform. 
    • - Company means Tachin.ai, the owner of the Platform. 
    • - Services means the goods, services, and the Platform used by the Customer and its Authorized Users. 
    • - Private Information is personally identifiable information (“PII”), including protected health information (“PHI”), as defined under HIPAA, and other private information as defined in (i) the Family Educational Rights and Privacy Act of 1974, as amended, and its regulations (“FERPA”), that an Authorized User inserts into the Platform and (ii) state-specific health information confidentiality and privacy laws, provided to Company or developed while using the Platform.
  1. Eligibility Requirements and Acknowledgement
  • - You are eighteen (18) years of age or older.
  • - You are an employee, contractor or agent of Customer and you are authorized by Customer to access and use the Platform on behalf of Customer.   
  • - You understand and agree that the cost of providing Services to the User will be paid for by the Customer, and any limitation on the provision of Services paid for by the Customer shall be set forth in the agreement between Company and the Customer and communicated to you through the Platform. 
  • - You are engaging the Company under your own name and no Authorized User misrepresents their identity or impersonates another person.
  • - You hereby acknowledge, confirm and agree that all the Private Information that you provided in or through the Platform, and the Private Information that you will provide in or through the Platform in the future, is accurate, true, current, and complete. 
  • - You have the legal right and authority to enter into this Terms of Use.
  • - You have the legal right and authority and are engaging the Company for the Authorized User to access the Platform, and if applicable, receive the Services.
  • - You have secure access to personal on-line and/or mobile technology that enables the Authorized User to exchange Private Information and communicate with the Company in a confidential manner.
  • - You agree, confirm, and acknowledge that you have or will register for an Account and that you are responsible for maintaining the confidentiality of your password and any other security information related to your Account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.  You agree that you will not give any third-party Account Access. 
  • - You agree and commit not to use the Account or Account Access of any other person for any reason.
  • - You agree to notify us immediately of any unauthorized use of your Account or any other concern for breach of the security of your Account.
  • - You understand and agree that we make no representation that the Platform or the Services are appropriate or available for use in locations other than the United States.  You further agree not to use the Platform or the Services if you are physically located outside of the United States. 
  • - You agree not to access the Platform or its contents in order to build a similar or competitive website, product, or service. 
  • - You agree not to access, use, or copy any portion of the Platform, or any contents of the Platform through the use of bots, spiders, scrapers, web crawlers, indexing agents, automated devices or mechanisms, or any similar or equivalent manual process to monitor or copy any portion of the Platform or its contents, for any other purpose not authorized by us.  You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Platform.  Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Platform or its contents or any access to or use of the Platform or its contents 
  • - You agree and commit not to make any use of the Platform for the posting, sending or delivering of any of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist, or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause, or encourage a criminal action or violate any applicable law.
  1. Electronic Communication Authorization

You agree that by using the Platform, you expressly authorize Company to communicate with you via electronic means, such as email, text, telephone, or chat, as determined appropriate by Company.  

  1. Platform and Services are NOT Health Care Services

Company provides work solutions to businesses for their own business needs and processes. The Services and the Platform do not constitute licensed health care services and Company does not provide health care services. 

Company does not provide your consumers or patients with access to the Platform. Platform access is limited to Authorized Users only. You represent and warrant that you will not register an Account on behalf of your consumer or patient. Customers may develop an API to transfer information from the Platform to Customer’s electronic health records or other of Customer’s platforms for its consumers to access to such information. Company will not be responsible for the transfer of any information from Platform. 

  1. Privacy and Security

Information that we collect about Authorized Users through your access to and use of the Platform is subject to our Privacy Policy.

Company takes commercially reasonable measures as it deems appropriate to secure and protect Authorized User’s information. You are responsible for maintaining the confidentiality of your information, including any username and any password used in connection with your use of the Platform.  Company will not be liable for any loss or damage arising from the unauthorized use of your username or password.

By agreeing to this Terms of Use or by using the Platform, you are also agreeing to the terms of our Privacy Policy.  The Privacy Policy is incorporated into and deemed a part of this Terms of Use.

  1.  Third-Party Content

The Platform may contain other content, products, or services which are offered or provided by third parties (“Third-Party Content”), including links to such Third-Party Content.  We do not endorse any Third-Party Content nor do we have any responsibility for the creation of any such Third-Party Content, and we will not be liable for any damage or loss caused by the products, practices, terms, or policies of any third parties.

  1. Feedback

By sending us any feedback, comments, questions, or suggestions concerning Company, the Services, or the Platform, (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Counslr any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of this Terms of Use, and your participation in the Platform.

  1. Intellectual Property

You understand and agree that we own, control, or (where applicable) license from third parties, all rights, title, and interest in and to the Platform and any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Platform (all such materials, and any compilation, collection, or arrangement thereof, collectively, the “Content”).  You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Platform or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Company or its licensors and content providers.

If you believe that any Content or Third-Party Content available on the Platform has been or is being used in a way that constitutes copyright infringement, please follow the steps outlined in our Copyright Policy, set forth below.

  1. Copyright Policy

If you believe that any materials made available on the Platform infringe your copyright, please notify us and provide the information below.  We will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3).  You should send any notice of infringement relating to the Platform or any materials made available on the Platform to our designated copyright agent. If you decide to send us any such notice, you must: 

  1. identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed;
  2. provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
  3. include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
  4. include a statement by you that the information contained in your notice is accurate and that you attest that, under penalty of perjury, you are the copyright owner or that you are authorized to act on the copyright owner’s behalf; and 
  5. include your name, mailing address, telephone number and email address. 

You may submit your notice of alleged copyright infringement to our designated copyright agent by mail or email as set forth below:

Designated Copyright Agent

Tachin.ai Corporation

201 Spear Street, Suite 1100, San Francisco, CA 94105

Email: support@tachin.ai

Please note that you may be liable for damages, including costs and attorneys’ fees, if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright.

  1. Disclaimers

ACCESS TO THE PLATFORM AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE PLATFORM OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE PLATFORM CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD.  THE PLATFORM CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE PLATFORM.

  1. Limitation of Liability

If you believe that any materials made available on the Platform infringe your copyright, please notify us and provide the information below.  We will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3).  You should send any notice of infringement relating to the Platform or any materials made available on the Platform to our designated copyright agent. If you decide to send us any such notice, you must: 

  1. identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed;
  2. provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
  3. include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
  4. include a statement by you that the information contained in your notice is accurate and that you attest that, under penalty of perjury, you are the copyright owner or that you are authorized to act on the copyright owner’s behalf; and 

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  1. include your name, mailing address, telephone number and email address. 

You may submit your notice of alleged copyright infringement to our designated copyright agent by mail or email as set forth below:

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Designated Copyright Agent

1health.io, Inc. 

201 Spear St Ste 1100 

San Francisco, CA 94105.

Email: support@1health.io

  1. Feedback

By sending us any feedback, comments, questions, or suggestions concerning or related to the Services (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Company any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of this Agreement, and your participation in the Platform.

  1. Modifications, Termination, Interruption, and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt, or discontinue the Platform, any part of the Platform, or the use of the Platform, at any time with or without notice to you.  You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

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The Platform depends on various factors such as software, hardware, and tools, either our own or those owned and operated by our contractors and suppliers.  While we strive to ensure that the Platform is consistently reliable and accessible, you understand that we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely, or error-free at all times.

  1. Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the Platform by email or by posting it online.  The date of receipt shall be deemed the date on which such notice is given.  Notices sent to us must be delivered by email to support@tachin.ai 

  1. Governing Law and Venue

This Terms of Use and our relationship with you shall both be interpreted solely in accordance with the laws of the State of California excluding any rules governing choice of laws.

You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Terms of Use or our relationship with you, regardless of theory, shall be the U.S. District Court in San Francisco, California.  You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.

  1. Miscellaneous

THIS TERMS OF USE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.

We may change this Terms of Use by notifying you of the change and posting modifications on the Platform.  The last update date of this Agreement is posted at the top of the terms.  By using the Platform after any changes become effective, you agree to be bound by such changes.  If you do not agree to the changes, you must terminate access to the Platform.

All notices required under this Terms of Use will be provided by email to the email address that Company has on record for you, by regular mail or by posting it online.  The date of sending shall be deemed the date on which such notice is given.  

Except as expressly provided, this Terms of Use may not be transferred or assigned.  Company may freely transfer or assign this Terms of Use or any of the Company’s obligations hereunder.

The paragraph headings in this Terms of use are solely for the sake of convenience and will not be applied in the interpretation of this Terms of Use.

If any provision of this Terms of Use is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

By accessing the Platform , you further agree that you have read, understand and consent to this Terms of Use.

You may request a downloadable and printable copy of this form, either now or at any point in the future.

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