Terms of Service

1. Acceptance of Terms

By accessing or using osAlign ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and osAlign. We reserve the right to update these Terms at any time. Continued use after changes constitutes acceptance.

2. Service Description

osAlign provides cloud-based software for veterinary orthopedic surgical planning, including:

• Radiographic image upload and management
• Manual and AI-assisted landmark detection
• Angle calculation and measurement tools
• Osteotomy planning and visualization
• DICOM integration (Pro and Enterprise plans)
• Report generation and export features

The Service is provided "as is" and is subject to availability. We reserve the right to modify, suspend, or discontinue features at any time.

3. Account Registration and Eligibility

3.1 Eligibility

You must be:

• At least 18 years old
• A licensed veterinary professional or authorized staff member
• Legally able to enter into binding contracts

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities under your account
• Notifying us immediately of unauthorized access
• Ensuring your account information is accurate and current

3.3 Account Restrictions

Each account is for individual use unless you have an Enterprise plan with multi-user licenses. Sharing accounts is prohibited and may result in suspension.

4. Subscription Plans and Billing

4.1 Plans

osAlign offers multiple subscription tiers (Free, Basic, Pro, Enterprise) with varying features and case limits. Current pricing is available at osalign.com/pricing.

4.2 Billing

• Payment: Subscriptions are billed monthly or annually in advance
• Auto-Renewal: Subscriptions automatically renew unless canceled
• Price Changes: We will notify you 30 days before price increases
• Failed Payments: Service may be suspended if payment fails
• Taxes: You are responsible for applicable taxes

4.3 Refunds

Free Trial: No charges during the 30-day trial. Cancel anytime to avoid charges.

Paid Plans: We offer a 14-day money-back guarantee from the initial purchase date. Refunds are not available for renewals or annual plans beyond 14 days.

4.4 Cancellation

You may cancel your subscription anytime from your account settings. Access continues until the end of your billing period. No partial refunds for cancellations.

5. Acceptable Use Policy

You agree NOT to:

• Use the Service for any illegal purpose
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble the software
• Scrape, mine, or extract data using automated tools
• Share your account credentials with unauthorized users
• Upload non-veterinary or inappropriate images
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Harass or harm other users

Violation of this policy may result in immediate account suspension or termination without refund.

6. Intellectual Property and Data Rights

6.1 osAlign IP

All rights, title, and interest in the Service, including software, algorithms, AI models, machine learning models, designs, trademarks, methodologies, improvements, derivatives, and content, are owned exclusively by osAlign. You receive a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your internal veterinary practice purposes.

6.2 Your Content and Data License Grant

You retain ownership of radiographic images and patient data you upload to the Service. However, by uploading, submitting, or providing any content or data to osAlign, you hereby grant osAlign a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to:

• Use, reproduce, store, process, modify, adapt, and display your data to provide and maintain the Service
• Create derivative works, extracts, and transformations of your data for any purpose related to the Service
• Use anonymized, de-identified, or aggregated data for AI model training, machine learning research and development
• Develop, improve, test, and validate algorithms, software, and AI models using your data (after anonymization)
• Create aggregated analytics, statistics, benchmarks, and insights for product development and improvement
• Incorporate learnings, patterns, and knowledge derived from your data into our AI models and intellectual property
• Commercialize AI models and features developed or improved using anonymized data across all customer tiers
• Share anonymized data with research partners, affiliates, and service providers for product improvement
• Use anonymized data for marketing, publications, presentations, and demonstrations of platform capabilities

This license survives termination of your account and continues even after you delete your data from the platform. Once data has been anonymized and incorporated into AI training datasets or models, it cannot be removed or un-trained from those systems.

6.3 Anonymization and De-identification

osAlign uses industry-standard anonymization techniques to remove or obscure identifying information before using data for AI training or analytics. Anonymization may include removing metadata, patient identifiers, practice information, and other potentially identifying details. You acknowledge that once data is anonymized, it is no longer considered personally identifiable or proprietary to you.

6.4 AI Training Opt-Out (Enterprise Only)

Enterprise tier customers only may request to opt out of having their future data used for AI model training by submitting a written request to osAlign. Opt-out requests:

• Must be submitted in writing to sales@osalign.com
• Apply only to data uploaded after opt-out approval is granted
• Do not apply retroactively to data uploaded before the opt-out request
• Do not affect aggregated analytics, benchmarking, or operational data collection
• Do not affect osAlign's rights under Section 6.2 for other purposes
• May result in reduced AI feature accuracy or performance for opted-out accounts
• Can be reviewed annually and may be revoked by osAlign if commercially unfeasible

Free, Basic, and Pro tier customers do not have opt-out rights and consent to all data uses described in Section 6.2 as a condition of using the Service.

6.5 Feedback and Suggestions

Any feedback, suggestions, ideas, or recommendations you provide about the Service become the exclusive property of osAlign. We may use such feedback for any purpose without compensation or attribution to you.

7. Professional Responsibility

osAlign is a surgical planning tool intended to assist veterinary professionals. It does NOT:

• Provide medical advice, diagnosis, or treatment recommendations
• Replace professional veterinary judgment
• Guarantee surgical outcomes
• Constitute a substitute for clinical experience

You are solely responsible for:

• Verifying all measurements and calculations
• Making final surgical decisions
• Compliance with veterinary standards of care
• Patient safety and outcomes

AI Limitations: Our AI features are assistive tools in Phase 1 training. Always verify AI-generated landmarks and measurements before use in surgical planning.

8. Disclaimers and Limitation of Liability

8.1 No Warranty

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OSALIGN SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Surgical complications or adverse patient outcomes
• Service interruptions or data loss
• Third-party actions or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify and hold harmless osAlign, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Violation of these Terms
• Infringement of third-party rights
• Surgical outcomes or patient care decisions

10. Data Privacy and Security

Your use of the Service is also governed by our Privacy Policy. Please review it to understand our data practices. By using the Service, you consent to the data collection, processing, and usage practices described in both these Terms and the Privacy Policy, including the broad data license rights granted in Section 6.2.

While we implement security measures, you acknowledge that no system is completely secure. You accept the inherent risks of internet-based data transmission and storage. You also acknowledge that data used for AI training cannot be deleted from trained models even after account termination.

11. Termination

11.1 By You

You may terminate your account at any time through account settings or by contacting support.

11.2 By Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Fail to pay subscription fees
• Pose a security risk

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Your data will be retained per our Privacy Policy and then permanently deleted according to your plan's data retention schedule.

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, contact us at sales@osalign.com to resolve the dispute informally. We will attempt resolution for 60 days.

12.2 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. Arbitration will be conducted in English.

12.3 Class Action Waiver

You agree to bring claims only in your individual capacity, not as part of any class or representative action.

13. General Provisions

• Governing Law: These Terms are governed by the laws of [Your State/Country]
• Severability: If any provision is invalid, the rest remains in effect
• No Waiver: Failure to enforce a right does not waive that right
• Assignment: You may not assign these Terms; we may assign without notice
• Entire Agreement: These Terms constitute the entire agreement
• Force Majeure: We are not liable for delays due to circumstances beyond our control