These Terms of Service (the "Agreement") govern your access to and use of the services provided by Spheroid AI, Inc. ("Spheroid AI"). By using the service, you agree to be bound by these terms. If you do not agree, do not use the service.
1. The Service
Spheroid AI provides cloud-based software for personalized oncology analysis (the "Service"). Anything you post, upload, share, store, or otherwise provide through the Service is considered a "User Submission". You are solely responsible for User Submissions. Spheroid AI retains all rights, title, and interest in the Service, software, and related materials.
2. Restrictions
You are responsible for all activity on your account. You agree not to modify, copy, reverse engineer, resell, sublicense, or otherwise commercially exploit the Service; violate any law; attempt unauthorized access; use the Service to build competing products; or probe its vulnerability.
3. Third-party applications
The Service may work with third-party products or services. Spheroid AI does not endorse such third-party applications and is not responsible for their content or security. Use of such applications is at your own risk.
4. Payment obligations
You agree to pay all fees as described in your order. Fees are non-refundable unless otherwise stated or required by applicable law. You are responsible for all taxes associated with your use of the Service, except those based on Spheroid AI's net income.
5. Term and termination
Your subscription continues for the period described in your order and renews unless cancelled prior to the renewal date. Either party may terminate this Agreement for uncured material breach after 30 days' notice. Upon termination, your rights to use the Service cease immediately.
6. Language
The parties have expressly requested that this Agreement and all related documents be drawn up in the English language. Les parties ont expressément exigé que la présente convention et tous les documents y afférents soient rédigés en langue anglaise.
7. Consumer protection
If you are a consumer using our Service, you may have additional rights under applicable consumer protection laws in your province or territory. Nothing in these terms limits those consumer rights. For consumers in Québec, the Consumer Protection Act applies.
8. Warranties and disclaimers
The Service is provided "as is" without any warranties. Spheroid AI disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement — except for warranties implied by law that cannot be excluded, particularly for Québec consumers.
9. Limitation of liability
To the maximum extent permitted by law, Spheroid AI will not be liable for indirect, incidental, special, or consequential damages, or for any amount exceeding the fees paid by you in the 12 months preceding the claim. For Québec consumers, other limitations may apply under the Consumer Protection Act or the Civil Code of Québec.
10. Confidentiality
Each party agrees to protect the other's confidential information and not to disclose it except as required by law.
11. Data
You grant Spheroid AI the right to store, process, and use your data as needed to provide the Service, in accordance with our Privacy Policy and applicable Canadian privacy laws including PIPEDA and Québec's Law 25.
12. Governing law
This Agreement is governed by the laws of the Province of Québec, Canada, without regard to its conflict of law principles. For consumers residing outside of Québec, this choice of law does not deprive you of protections under consumer protection laws in your place of residence.
13. Dispute resolution
Before pursuing formal legal action, please contact support@spheroidai.com to try to resolve any disputes informally. If informal resolution is not possible, disputes will be resolved through the appropriate courts in Québec, Canada, or through alternative dispute resolution mechanisms where required by law.
14. General terms
If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force and effect. This Agreement constitutes the entire agreement between you and Spheroid AI regarding the Service. Contact: admin@spheroidai.com.