Terms of Use Agreement for [S3D Dashboard]

Welcome to the [S3D Inc. Performance Dashboard] (the “Application”). By accessing or using the Application, you agree to comply with and be bound by the terms and conditions set forth in this Terms of Use Agreement (“Agreement”).

You must be at least [eighteen (18)] years old to use the Application. By using the Application, you represent and warrant that you meet this eligibility requirement.

Grant of License: Subject to your compliance with the terms of this Agreement, [Your Company] grants you a limited, non-exclusive, revocable, non-transferable license to use the Application for your personal, non-commercial use.

You agree not to: (a) sublicense, resell, or distribute the Application; (b) modify or alter the Application; © reverse engineer, decompile, or disassemble the Application; (d) attempt to access any secure portions of the Application without authorization.

- User Responsibility: You are solely responsible for any content, including but not limited to text, images, or other materials, that you upload, post, or otherwise make available on the Application (“User Content”). - License for User Content: By submitting User Content, you grant [Your Company] a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation of the Application.

- Privacy Policy: Your use of the Application is also governed by our Privacy Policy, which can be found at [link to Privacy Policy]. By using the Application, you consent to the terms of the Privacy Policy.

- Compliance with HIPAA: If you are a Covered Entity or Business Associate under HIPAA, you must comply with all applicable HIPAA regulations when using the Platform.

This includes safeguarding protected health information (PHI) and implementing necessary security measures.

- User Accounts: You agree to provide accurate and complete information when creating an account and to keep your account information up-to-date.

- Data Collection: The Platform may collect and process personal information, including but not limited to PHI. We will handle such information in accordance with our Privacy Policy. - Security Measures: We implement industry-standard security measures to protect the confidentiality and integrity of your data, including PHI. However, you acknowledge that no system can be entirely secure, and we cannot guarantee the security of your data.

- Use and Disclosure: If you are a Covered Entity or Business Associate under HIPAA, you are responsible for obtaining any necessary authorizations for the use and disclosure of PHI through the Platform.

- Business Associate Agreement (BAA): If required by HIPAA, we are willing to enter into a Business Associate Agreement with you. Please contact us to initiate the process.

- Audit Rights: We reserve the right to audit your use of the Platform to ensure compliance with this Agreement and applicable laws, including HIPAA.

- Termination for Non-Compliance: We may suspend or terminate your access to the Platform if you violate any provisions of this Agreement, including but not limited to non-compliance with HIPAA.

- Termination by S3D for Convenience: S3D reserves the right to terminate or suspend your access to the Application at any time, with or without cause.

- Termination by User: You may terminate this Agreement by discontinuing use of the Application and uninstalling it from your device.

- No Warranty: The Application is provided “as is” without any warranties of any kind, either express or implied.

- Limitation of Liability: In no event shall S3D be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

- Governing Law: This Agreement is governed by the laws of California.

- Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.

S3D reserves the right to modify this Agreement at any time. Changes will be effective upon posting the revised Agreement within the Application.

If you have any questions or concerns about this Agreement, please contact S3D Legal at patrickjmonaghan3@gmail.com By using the Application, you agree to be bound by the terms and conditions of this Agreement.