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Terms of Service

Welcome to Auka.ai. These Terms of Service ("Terms") govern your use of our website and healthcare marketing automation services. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing, browsing, or using the Auka.ai website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

2. Description of Services

Auka.ai provides AI-powered marketing automation solutions specifically designed for healthcare organizations, including:

• Patient journey automation and engagement
• Pharmaceutical marketing and adherence programs
• Telehealth promotion and onboarding
• Predictive analytics for healthcare demand generation
• AI-powered content creation with compliance checking
• HIPAA-compliant communication workflows

3. User Eligibility and Registration

Eligibility Requirements

• You must be at least 18 years of age
• You must be authorized to enter into this agreement on behalf of your organization
• Healthcare organizations must be properly licensed in their jurisdiction
• You must provide accurate and complete information during registration

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Implementing appropriate access controls within your organization

4. Healthcare Compliance

HIPAA Compliance

For healthcare clients handling PHI:

• A signed Business Associate Agreement (BAA) is required
• All PHI must be transmitted through approved, encrypted channels
• Access to PHI is logged and monitored
• Data retention policies comply with healthcare regulations
• Breach notification procedures are in place

Professional Responsibilities

Healthcare professionals using our services must:

• Comply with all applicable healthcare regulations
• Maintain appropriate professional licensing
• Ensure patient communications meet clinical standards
• Follow organizational policies for patient data handling

5. Acceptable Use

Permitted Uses

You may use our services for legitimate healthcare marketing and patient engagement purposes.

Prohibited Uses

You may not use our services to:

• Violate any laws or regulations
• Send spam or unsolicited communications
• Share PHI without proper authorization
• Interfere with or disrupt our services
• Attempt to gain unauthorized access to our systems
• Use our services for non-healthcare commercial purposes without authorization
• Transmit malware, viruses, or harmful code
• Impersonate others or provide false information

6. Data Ownership and Privacy

Your Data

• You retain ownership of all data you provide
• We process your data according to our Privacy Policy and applicable BAAs
• You grant us necessary rights to provide our services
• You are responsible for ensuring you have rights to any data you provide

Service Data

• We may collect anonymized, aggregated usage data
• This data helps improve our services and industry insights
• No individual or organization-specific data is shared
• All data collection complies with healthcare privacy laws

7. Payment Terms

Fees and Billing

• Fees are as specified in your service agreement
• Payment is due according to agreed-upon terms
• Late payments may result in service suspension
• All fees are non-refundable unless otherwise specified

Price Changes

We may modify our pricing with 30 days' written notice for existing customers.

8. Intellectual Property

Our IP

• All Auka.ai technology, software, and content is our property
• You receive a limited license to use our services
• You may not reverse engineer or copy our technology
• Our trademarks and brand elements are protected

Your IP

• You retain rights to your content and data
• You grant us necessary rights to provide services
• We respect your intellectual property rights

9. Service Level and Availability

We strive to provide reliable services, but cannot guarantee 100% uptime. We provide:

• Regular system maintenance and updates
• 24/7 system monitoring
• Incident response procedures
• Service level commitments as specified in service agreements

10. Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to the amount paid for our services in the 12 months prior to the claim
• We are not liable for indirect, incidental, or consequential damages
• We make no warranties beyond those expressly stated
• You are responsible for compliance with healthcare regulations

11. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your use of our services
• Violation of these Terms
• Violation of applicable laws or regulations
• Infringement of third-party rights
• Misuse of patient data or PHI

12. Termination

Termination by You

You may terminate your account at any time with written notice.

Termination by Us

We may suspend or terminate your account for:

• Violation of these Terms
• Non-payment of fees
• Illegal or harmful activities
• Breach of compliance requirements

Effect of Termination

• Access to services will cease
• Data export options may be available for a limited time
• Outstanding fees remain due
• Certain provisions of these Terms survive termination

13. Modifications to Terms

We may update these Terms periodically. We will:

• Provide 30 days' notice of material changes
• Post updated Terms on our website
• Update the effective date
• Allow you to terminate if you disagree with changes

14. Dispute Resolution

Governing Law

These Terms are governed by California law, without regard to conflict of law principles.

Dispute Process

• Initial disputes should be addressed through direct communication
• Mediation may be required before litigation
• Certain disputes may be subject to binding arbitration
• Class action waivers may apply as permitted by law

15. Miscellaneous

Entire Agreement

These Terms, along with our Privacy Policy and any service agreements, constitute the entire agreement between us.

Severability

If any provision is found unenforceable, the remainder of these Terms remain in effect.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

16. Contact Information

These Terms of Service were last updated on January 1, 2025.