Terms of Service
Effective Date: 3/2/2025
By using this beta product, you acknowledge and agree to the following terms and conditions (“Agreement”) regarding your use of Cure AI Inc.’s (“Proxis”) beta software (“Software”):
This Agreement, no matter when signed, will be effective as of the date of your first communications with Proxis. By creating an account with Proxis you acknowledge that you have read and agreed to the Terms of Service which are available on the public website and the account creation page.
Updates: The Software may undergo significant changes, updates, or modifications during the beta testing period. Proxis reserves the right to modify, suspend, or discontinue the Software at any time without notice.
Beta Nature: You understand that the Software is a pre-release version and may not be fully functional or free from errors. The Software is provided “as-is” and “as-available” without any warranties or guarantees of any kind.
Intellectual Property: “Intellectual Property” means any suggestions, feedback, ideas, discoveries, inventions, marks, logos, names, trademarks, and applications for patents, designs, and copyrightable works. As between you and Proxis, all work products, including Intellectual Property, developed by you while using the Software or any of Proxis’s property will belong to Proxis or its designee as a “work made for hire” under U.S. Copyright Law (17 U.S.C. § 101). To the extent the work product is not considered work for hire, then by this Agreement, you assign to Proxis all work products developed in whole or in part by you while using any of Proxis’s property and will execute any documents necessary to effectuate such assignment. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Software solely for the purpose of beta testing.
Confidential Information: “Confidential Information” means all information related to the Software provided by Proxis, including but not limited to Software code, features, functionality, performance, user feedback, assets, financial condition, and affairs, including any technical information, capacity, material requirements, data, designs, drawings, proposals, trade secrets, business methods, names of customers and vendors, names of potential business partners or content creators, marketing plans, computer software (proprietary or otherwise), or price information. While performing the Services, you may have access to Confidential Information. Nothing in this Agreement grants any rights to Proxis’s property to you. You will protect the Confidential Information and treat it as strictly confidential. You will not disclose Confidential Information to any third-party individual, corporation, or other entity without Proxis’s prior written consent. You will maintain the Confidential Information in strict confidence and will not, directly or indirectly, use any Confidential Information except as permitted by this Agreement. This nondisclosure provision survives any termination or expiration of this Agreement for any reason.
Legal and Other Disclosures: If you breach this Agreement (inadvertently or otherwise) or learn that the Software or Confidential Information has been impermissibly disclosed (whether by you or another person), you shall immediately notify Proxis in writing and take all steps required to prevent further disclosure. In the event you are compelled to disclose any Confidential Information pursuant to a subpoena or other legal process, unless contrary to law, you agree to provide Proxis with notice of such required disclosure prior to disclosing any Confidential Information and cooperate with any effort by Proxis to seek a protective order for such Confidential Information.
Ownership: The Software, Intellectual Property and all Confidential Information shall be the sole and exclusive property of Proxis, and shall be returned and surrendered to Proxis immediately upon Proxis’s written request. You may not copy or remove the Software, Intellectual Property or any Confidential Information. For avoidance of doubt, you hereby grant Proxis the right to use, modify, and incorporate any feedback, suggestions or ideas provided by you at any time into the Software without any compensation or acknowledgments.
Reasonableness: You acknowledge that the limitations and obligations contained herein are, individually and in the aggregate, reasonable and properly required by Proxis. You shall not challenge or contest the reasonableness, validity, or enforceability of any such limitations and obligations and, if any such limitations are found to be unreasonable and unenforceable, you shall submit to such limitations and/or obligations in such form as the arbitrator or any court with jurisdiction shall determine.
Limitation of Liability: Proxis shall not be liable for any damages, losses, or harm that may arise from your use or inability to use the Software, including but not limited to data loss, system failures, or security breaches. Your use of the Software is at your own risk. IN NO EVENT SHALL Proxis BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT Proxis WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) WHETHER ARISING UNDER A LEGAL OR EQUITABLE THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL Proxis’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS.
Arbitration: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, shall be determined by arbitration in San Francisco, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Arbitration Rules and Procedures for the type of claim in issue. Each of the Parties shall pay for its own costs and attorneys’ fees provided that, in addition to any other relief awarded or granted by the arbitrator, the prevailing party as determined by the arbitrator will be entitled to recover its costs and expenses of arbitration, including attorneys’ fees and costs.
Governing Law and Venue: This Agreement is to be governed and construed according to the laws of the State of California without regard to conflicts of law. The proper exclusive venue for resolution of any dispute related to this Agreement is only in California. Both Parties consent to jurisdiction and venue in California.
Waiver of Right to Jury: BY ENTERING INTO THIS AGREEMENT, YOU AND Proxis EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS THEY HAVE UNDER LAW TO A TRIAL BEFORE A JURY AND AGREE TO MANDATORY BINDING ARBITRATION OF ALL DISPUTES OR CLAIMS ARISING OUT OF THIS AGREEMENT.
Miscellaneous: If any portion of this Agreement is deemed to be unenforceable, the balance of this Agreement shall nevertheless continue in effect. It is understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or of any other right, power or privilege hereunder. All waivers must be in writing to be effective. This Agreement shall be binding upon your heirs, executors, representatives and successors. This document constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, negotiations, or understandings, if any. Except as otherwise provided herein, this Agreement may not be modified other than by a written agreement specifically referring to this Agreement and signed by you and Proxis.
Effective Date: 3/2/2025
By using this beta product, you acknowledge and agree to the following terms and conditions (“Agreement”) regarding your use of Cure AI Inc.’s (“Proxis”) beta software (“Software”):
This Agreement, no matter when signed, will be effective as of the date of your first communications with Proxis. By creating an account with Proxis you acknowledge that you have read and agreed to the Terms of Service which are available on the public website and the account creation page.
Updates: The Software may undergo significant changes, updates, or modifications during the beta testing period. Proxis reserves the right to modify, suspend, or discontinue the Software at any time without notice.
Beta Nature: You understand that the Software is a pre-release version and may not be fully functional or free from errors. The Software is provided “as-is” and “as-available” without any warranties or guarantees of any kind.
Intellectual Property: “Intellectual Property” means any suggestions, feedback, ideas, discoveries, inventions, marks, logos, names, trademarks, and applications for patents, designs, and copyrightable works. As between you and Proxis, all work products, including Intellectual Property, developed by you while using the Software or any of Proxis’s property will belong to Proxis or its designee as a “work made for hire” under U.S. Copyright Law (17 U.S.C. § 101). To the extent the work product is not considered work for hire, then by this Agreement, you assign to Proxis all work products developed in whole or in part by you while using any of Proxis’s property and will execute any documents necessary to effectuate such assignment. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Software solely for the purpose of beta testing.
Confidential Information: “Confidential Information” means all information related to the Software provided by Proxis, including but not limited to Software code, features, functionality, performance, user feedback, assets, financial condition, and affairs, including any technical information, capacity, material requirements, data, designs, drawings, proposals, trade secrets, business methods, names of customers and vendors, names of potential business partners or content creators, marketing plans, computer software (proprietary or otherwise), or price information. While performing the Services, you may have access to Confidential Information. Nothing in this Agreement grants any rights to Proxis’s property to you. You will protect the Confidential Information and treat it as strictly confidential. You will not disclose Confidential Information to any third-party individual, corporation, or other entity without Proxis’s prior written consent. You will maintain the Confidential Information in strict confidence and will not, directly or indirectly, use any Confidential Information except as permitted by this Agreement. This nondisclosure provision survives any termination or expiration of this Agreement for any reason.
Legal and Other Disclosures: If you breach this Agreement (inadvertently or otherwise) or learn that the Software or Confidential Information has been impermissibly disclosed (whether by you or another person), you shall immediately notify Proxis in writing and take all steps required to prevent further disclosure. In the event you are compelled to disclose any Confidential Information pursuant to a subpoena or other legal process, unless contrary to law, you agree to provide Proxis with notice of such required disclosure prior to disclosing any Confidential Information and cooperate with any effort by Proxis to seek a protective order for such Confidential Information.
Ownership: The Software, Intellectual Property and all Confidential Information shall be the sole and exclusive property of Proxis, and shall be returned and surrendered to Proxis immediately upon Proxis’s written request. You may not copy or remove the Software, Intellectual Property or any Confidential Information. For avoidance of doubt, you hereby grant Proxis the right to use, modify, and incorporate any feedback, suggestions or ideas provided by you at any time into the Software without any compensation or acknowledgments.
Reasonableness: You acknowledge that the limitations and obligations contained herein are, individually and in the aggregate, reasonable and properly required by Proxis. You shall not challenge or contest the reasonableness, validity, or enforceability of any such limitations and obligations and, if any such limitations are found to be unreasonable and unenforceable, you shall submit to such limitations and/or obligations in such form as the arbitrator or any court with jurisdiction shall determine.
Limitation of Liability: Proxis shall not be liable for any damages, losses, or harm that may arise from your use or inability to use the Software, including but not limited to data loss, system failures, or security breaches. Your use of the Software is at your own risk. IN NO EVENT SHALL Proxis BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT Proxis WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) WHETHER ARISING UNDER A LEGAL OR EQUITABLE THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL Proxis’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS.
Arbitration: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, shall be determined by arbitration in San Francisco, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Arbitration Rules and Procedures for the type of claim in issue. Each of the Parties shall pay for its own costs and attorneys’ fees provided that, in addition to any other relief awarded or granted by the arbitrator, the prevailing party as determined by the arbitrator will be entitled to recover its costs and expenses of arbitration, including attorneys’ fees and costs.
Governing Law and Venue: This Agreement is to be governed and construed according to the laws of the State of California without regard to conflicts of law. The proper exclusive venue for resolution of any dispute related to this Agreement is only in California. Both Parties consent to jurisdiction and venue in California.
Waiver of Right to Jury: BY ENTERING INTO THIS AGREEMENT, YOU AND Proxis EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS THEY HAVE UNDER LAW TO A TRIAL BEFORE A JURY AND AGREE TO MANDATORY BINDING ARBITRATION OF ALL DISPUTES OR CLAIMS ARISING OUT OF THIS AGREEMENT.
Miscellaneous: If any portion of this Agreement is deemed to be unenforceable, the balance of this Agreement shall nevertheless continue in effect. It is understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or of any other right, power or privilege hereunder. All waivers must be in writing to be effective. This Agreement shall be binding upon your heirs, executors, representatives and successors. This document constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, negotiations, or understandings, if any. Except as otherwise provided herein, this Agreement may not be modified other than by a written agreement specifically referring to this Agreement and signed by you and Proxis.
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