Terms of Service

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("Customer", "you") and Evidexa, Inc., a company registered in the United States ("Evidexa", "we", "us", or "our"), concerning your access to and use of the Evidexa platform and related services.

1. Services Description

1.1 Platform Services

Evidexa provides a healthtech validation platform that generates simulation-grade evidence for digital therapeutics and healthcare applications ("Services"). The Services include:

AI-powered patient population simulations
Automated behavioral analysis and insight generation
Dashboard access for viewing results and analytics
Evidence reporting and export capabilities
Validation study design and execution

1.2 Service Availability

Services are provided on a project basis as specified in individual project agreements or statements of work. While we strive for continuous availability during project periods, we do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible.

2. Account Registration and Access

2.1 Account Creation

To access the Services, you must create an account providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

2.2 Authorized Users

Customer may designate employees, contractors, or authorized agents as users ("Authorized Users") as specified in your project agreement. Customer is responsible for ensuring all Authorized Users comply with these Terms.

2.3 Account Security

You must immediately notify us of any unauthorized access or security breach at workwithus@getevidexa.com.

3. Projects and Fees

3.1 Project Engagements

Services are delivered through:

Pilot validation projects
Custom simulation studies
Enterprise platform access
Other arrangements as specified in project agreements

3.2 Payment Terms

Fees are based on the specific project scope and deliverables
Payment terms will be specified in individual project agreements or statements of work
Standard payment terms are NET 30 unless otherwise agreed
All fees are exclusive of applicable taxes, which Customer is responsible for paying
Fees are non-refundable for completed deliverables or milestones already delivered

3.3 Project Extensions

Project extensions or additional work beyond the original scope require mutual written agreement and may be subject to additional fees.

4. Data Protection and Privacy

4.1 Data Processing

Evidexa will process data on behalf of Customer in accordance with:

The General Data Protection Regulation (GDPR) where applicable
Relevant data protection regulations in Customer's jurisdiction
Our Data Processing Agreement (DPA), when applicable
Our Privacy Policy available at getevidexa.com/privacy-policy

4.2 Customer Responsibilities

Customer is responsible for:

Ensuring lawful basis for any data processing
Compliance with applicable regulations in their industry
Understanding that our platform uses synthetic patient populations, not real patient data

4.3 Data Security

Evidexa implements appropriate technical and organizational measures to protect data, including:

Encryption in transit and at rest
Access controls and authentication
Regular security assessments
Incident response procedures

5. AI-Powered Simulations and Analysis

5.1 AI Usage and Transparency

Evidexa uses artificial intelligence to generate synthetic patient populations and behavioral insights. We continuously work to improve AI accuracy but do not guarantee that AI-generated content will be error-free or suitable for all purposes.

5.2 Customer Responsibilities

Customer is responsible for:

Reviewing and validating all AI-generated insights before use in decision-making
Ensuring appropriate human oversight of simulation results
Compliance with AI and automated decision-making regulations in their jurisdiction
Understanding that our Services provide research insights and analysis tools that should supplement, not replace, professional judgment in regulated areas such as medical, legal, or financial decision-making

6. Intellectual Property

6.1 Evidexa Property

Evidexa retains all rights to the Services, including software, algorithms, methodologies, and aggregated anonymized insights.

6.2 Customer Data

Customer retains ownership of all data provided to or collected through the Services ("Customer Data"). Customer grants Evidexa a license to process Customer Data solely to provide the Services for the project duration.

6.3 Deliverables

Unless otherwise specified in the project agreement, Customer owns all project-specific deliverables, excluding Evidexa's pre-existing intellectual property and methodologies.

7. Acceptable Use

7.1 Prohibited Uses

Customer shall not:

Use Services for any unlawful purpose or in violation of regulations
Attempt to reverse engineer, decompile, or hack the Services
Interfere with or disrupt the Services or servers
Use the Services to process data in violation of applicable laws
Violate applicable compliance requirements
Resell or sublicense the Services without authorization

8. Warranties and Disclaimers

8.1 Evidexa Warranties

Evidexa warrants that:

Services will perform materially as described in project documentation
We have the right to provide the Services
Services will be provided with reasonable skill and care

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

9.1 Exclusions

NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, OR DATA.

9.2 Cap

EXCEPT FOR INDEMNIFICATION OBLIGATIONS, EACH PARTY'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID OR PAYABLE FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.

10. Term and Termination

10.1 Term

These Terms commence upon account creation and continue through the completion of all projects unless terminated earlier.

10.2 Termination for Cause

Either party may terminate immediately upon written notice if the other party materially breaches and fails to cure within 30 days of notice.

10.3 Effect of Termination

Upon termination:

Customer's access to Services will cease after data export period
Customer may export its data for 30 days
All fees owed become immediately due
Confidentiality and liability provisions survive

11. General Provisions

11.1 Governing Law

Unless otherwise agreed in a project agreement, these Terms are governed by the laws of the State of Delaware, United States. Disputes shall be resolved in the competent courts of Delaware.

11.2 Entire Agreement

These Terms, together with any project agreements, statements of work, and policies referenced herein, constitute the entire agreement between the parties.

11.3 Amendment

We may update these Terms with 30 days notice. Continued use constitutes acceptance.

12. Contact Information

For questions about these Terms or the Services:

Email: workwithus@getevidexa.com

Website: getevidexa.com

By using the Evidexa Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.