Terms of Use

Effective: January 1, 2025

Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the websites, applications, APIs, and services (collectively, the "Services") provided by Uptick Technologies, Inc. aka Splendor ("Splendor," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

These Terms of Use limit Splendor's liability to you. Separate agreements may govern paid subscription offerings.

Eligibility

You must be of legal age in your jurisdiction to use our Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will post the updated Terms on our website with a new effective date. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

Service Access and Termination

Splendor grants you a non-exclusive, limited, revocable right to access and use the Services in accordance with these Terms. We may modify, suspend, or discontinue any part of the Services at any time without notice. Upon termination of your access, all licenses and rights granted herein immediately expire.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must not share your login credentials with others. Splendor is not responsible for unauthorized access to your account resulting from your failure to protect your credentials. You are responsible for ensuring that all persons and users who access the Services through your account are aware of these Terms.

Privacy and Data

Your use of the Services is also governed by our Privacy Policy. By using our Services, you authorize us to transfer your information across national borders as described in our Privacy Policy.

Intellectual Property

The Services and all content, features, and functionality are owned by Splendor and are protected by copyright, trademark, and other intellectual property laws. You may not modify, reproduce, distribute, create derivative works from, or publicly display any content from the Services without our prior written consent.

Trademarks

The Splendor name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Splendor or its affiliates. You may not use such marks without the prior written permission of Splendor.

Prohibited Uses

You agree not to use the Services to:

  • Violate any applicable laws or regulations
  • Collect, process, or transmit Sensitive Personal Information, including financial account information, health or medical information, biometric data, or information from or about children under 13
  • Transmit any material that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Services or servers
  • Attempt to gain unauthorized access to any part of the Services
  • Use the Services in any manner that could harm minors
  • Transmit viruses, malware, or other malicious code
  • Use any automated means, including bots, scrapers, or similar tools, to access or interact with the Services
  • Collect or store personal information about others without consent
  • Access or use the Services for any competitive purpose
  • Use the Services, or any content, data, output, or other information received or derived from the Services, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence system, including but not limited to any architectures, models, or weights
  • Use the Services for any purpose not expressly permitted by these Terms

User Content

You retain ownership of any content you submit to the Services. By providing content, you grant Splendor a non-exclusive, worldwide, royalty-free license to use, process, analyze, and store such content as necessary to provide the Services. You represent that you have all necessary rights to submit such content and that it does not violate any third-party rights.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you agree that we are free to use such Feedback for any purpose, including incorporating it into the Services, without any obligation or compensation to you.

Third-Party Terms

The Services may include or integrate with third-party software, services, or content. Such third-party offerings are governed by their own terms and policies. Splendor is not responsible for any third-party content, functionality, or performance.

Geographic Restrictions

The Services are intended for use by persons located in the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Insurance Operations Disclaimer

Splendor provides tools to assist with insurance eligibility verification, claims processing, and payer communications. While we strive for accuracy, we make no representation, warranty, or guarantee that any output or result will be accurate, complete, or error-free. You are responsible for verifying all information and ensuring compliance with applicable healthcare and insurance regulations.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPLENDOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPLENDOR'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SPLENDOR IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) $400. IN NO EVENT SHALL SPLENDOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Splendor and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another party.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved in the state or federal courts located in San Francisco County, California, or through binding arbitration under JAMS rules, at Splendor's discretion.

General Provisions

  • These Terms constitute the entire agreement between you and Splendor regarding the Services.
  • Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
  • If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in effect.
  • You may not assign or transfer these Terms without our prior written consent.
  • Nothing in these Terms creates any partnership, joint venture, or agency relationship between you and Splendor.

Notice

Any legal notices to Splendor should be sent to legal@splendorhealth.com. We may provide notices to you by email, postal mail, or by posting within the Services.

Contact Us

If you have questions about these Terms, please contact us at:

Uptick Technologies, Inc. aka Splendor
Email: legal@splendorhealth.com

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