Terms of Use

Last Updated: May 28, 2024

Welcome to See Baby AI, a service dedicated to enhancing ultrasound images and providing services to ultrasound clinics. By using our website and services, you agree to be bound by the following terms and conditions. Please read them carefully.

1. Acceptance of Terms

By accessing and using See Baby AI, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services.

2. Privacy Policy

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms of Use by reference and provides information about how we collect, use, and share your personal information.

3. User Conduct

You agree not to use the Service to:

• Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Harm minors in any way.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
• Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
• Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

4. Intellectual Property Rights

The content on See Baby AI, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features, and the trademarks, service marks, and logos contained therein are owned by or licensed to See Baby AI.

Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

5. User-Submitted Content

You retain all of your ownership rights in your submitted images. However, by submitting the images to See Baby AI, you hereby grant See Baby AI a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the See Baby AI website and business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels.

6. Disclaimer of Warranties

Your use of See Baby AI is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. See Baby AI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non- infringement.

7. Limitation of Liability

See Baby AI will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if See Baby AI has been advised of the possibility of such damages), resulting from the use or the inability to use the Service.

8. Modifications to the Service and Prices

See Baby AI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the See Baby AI Site or the Service itself.

9. Governing Law

These Terms of Use shall be governed by the laws of Delaware USA, without regard to its conflict of law provisions.

10. Changes to Terms

See Baby AI reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11. Commercial Use and Resale Restrictions

Authorized Commercial Use: While you are permitted to use the services provided by See Baby AI for your own business purposes, this use is limited to your own business operations. You are allowed to incorporate the enhanced ultrasound images into your own products or services that you offer directly to your customers.

Prohibition of Third-Party Benefit: You agree not to use the Service to create, enhance, or improve products or services for other businesses, or to benefit any third party in a commercial capacity. The Service is designed for direct use by your business only, and not for resale or redistribution as a service to third parties.

Restrictions on Resale: You are prohibited from reselling, redistributing, or otherwise providing access to the enhanced ultrasound images or services provided by See Baby AI to other businesses, entities, or individuals for their commercial use. This includes any form of indirect commercial benefit to third parties through resale or redistribution of our services or enhanced images.

Intellectual Property Rights Protection: The enhanced images provided by See Baby AI remain the intellectual property of See Baby AI and/or its licensors. Unauthorized use, including unauthorized commercial use by third parties, may infringe upon the intellectual property rights of See Baby AI and/or its licensors.

Enforcement and Penalties: Violation of this section may result in immediate termination of your account and legal action for breach of contract and infringement of intellectual property rights. See Baby AI reserves the right to investigate and prosecute violations to the fullest extent of the law.

12. Eligibility and Access Restrictions

Restricted Access: Access to and use of See Baby AI is exclusively available to individuals who are registered with us and have verifiable ties to a recognized ultrasound clinic. This includes, but is not limited to, licensed medical professionals, ultrasound technicians, and administrative staff of such clinics.

Verification of Ties to Ultrasound Clinic: Upon registration, you may be required to provide proof of your affiliation with an ultrasound clinic. This could include professional licenses, employment verification, or other documentation as deemed necessary by See Baby AI. We reserve the right to request additional documentation for verification purposes at any time.

Account Registration: To use See Baby AI, you must create an account and provide accurate, current, and complete information during the registration process. You agree to update such information to keep it accurate, current, and complete.

Prohibition of Unauthorized Use: You are prohibited from using or accessing See Baby AI if you do not have direct ties to an ultrasound clinic. Any unauthorized use of our service is a breach of these Terms and may subject you to civil and criminal penalties.

Audits and Enforcement: See Baby AI reserves the right to conduct audits at our discretion to ensure compliance with these eligibility requirements. Failure to comply with these terms may result in the immediate suspension or termination of your account and access to our services.

13. Termination of Service

Right to Terminate: See Baby AI reserves the right to terminate or suspend your account and access to the services at any time, with or without cause, and with or without notice.

Grounds for Termination: Termination or suspension of your account and access to the services may occur due to reasons including, but not limited to:

• Breach or violation of any terms within this agreement.
• Requests by law enforcement or other government agencies.
• Self-initiated account deletions.
• Discontinuation or material modification to the services (or any part thereof).
• Unexpected technical or security issues or problems.
• Engagement in fraudulent, illegal, or unethical activities.
• Non-payment of any fees owed by you in connection with the services.

Effect of Termination: Upon termination of your account, your right to use the services will immediately cease. If your account is terminated, you may not have access to any data or information that was stored with your account.

Survival of Terms: Termination of your account and access to the service does not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to See Baby AI or any third party.

Notification: To the extent possible and as required by law, See Baby AI will notify you about the reason for termination or suspension of your account and services, unless we believe, in our sole judgment, that giving notice might cause harm.

14. Indemnification

User Indemnity Obligations: You agree to indemnify, defend, and hold harmless See Baby AI, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.

Scope of Indemnity: This indemnification obligation will include, but is not limited to, any breach of the warranties and representations made by you herein, your unauthorized use of the content or services provided by See Baby AI, and any claim brought by third parties pertaining to actions or inactions for which you are responsible.

Defense and Control of Claims: See Baby AI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with See Baby AI in asserting any available defenses.

Notification and Cooperation: You agree to promptly notify See Baby AI of any third-party claims, cooperate with See Baby AI in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including attorneys’ fees). You agree not to settle any such claim without See Baby AI’s prior written consent.

15. Dispute Resolution

Initial Effort to Resolve Disputes: In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms of Use or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

Binding Arbitration: If the parties do not reach such a solution within a period of 30 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by binding arbitration.

Location of Arbitration: The location of the arbitration shall be a location agreed upon by both parties.

Arbitrator Selection: A single arbitrator will be selected in accordance with the aforementioned Rules. The arbitrator’s decision shall be final and legally binding, and judgment may be entered thereon.

Costs of Arbitration: Each party will be responsible for its own costs and expenses of arbitration, including legal and filing fees. The arbitrator may, as part of the award, allocate the cost of the arbitration and the arbitrator’s fees to the party whom the arbitrator determines is liable.

Limitation on Legal Recourse: Arbitration shall be in lieu of any and all lawsuits or other civil legal proceedings relating to the dispute. The decision of the arbitrator shall be final and binding on both parties.

Confidentiality of Proceedings: The parties agree to maintain the confidential nature of the arbitration proceeding and any award, including the hearing, unless otherwise required by law or agreed by the parties.

Exceptions to Arbitration: Notwithstanding the above, See Baby AI may seek injunctive or equitable relief in a court of competent jurisdiction before resorting to arbitration, in the event of infringement or other misuse of intellectual property rights.

16. Class Action and Jury Trial Waiver

Class Action Waiver: You agree that any arbitration or court proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or the proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class-action procedures, and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Jury Trial Waiver: You and See Baby AI hereby waive the right to a trial by jury in any action, proceeding, claim, or counterclaim, whether in arbitration or in court, related to or arising out of these Terms of Use.

Enforcement of Waivers: These waivers are an essential element of the agreement between you and See Baby AI, and are intended to be enforced to the fullest extent permitted by law. If a court or arbitrator decides that the class action waiver or jury trial waiver clause is not enforceable for any reason, then the arbitration provision (as stated in Section 15, Dispute Resolution) shall be null and void, subject to the right to appeal such a decision.

Severability: If any portion of this Class Action and Jury Trial Waiver provision is found to be unenforceable or unlawful for any reason, (1) the unenforceable provision shall be severed from these Terms; (2) severance of the unenforceable provision shall have no impact whatsoever on the remainder of the Class Action and Jury Trial Waiver provision or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Contact Information:

If you have any questions about these Terms, please contact us via a support ticket.