For purposes of these Terms of Use: (a) “Content” means text, graphics, images, works of authorship of any kind, and information, data, report, or other materials; (b) “User Content” means any Content that you provide, upload, submit or otherwise make available to Soombit.ai for the purposes of using the AIRead-CXR, including without limitation the Images; and (c) “Soombit.ai Content” means all Content provided to you and/or generated by your use of the AIRead-CXR and any and all other Content made available through and/or the AIRead-CXR.

Soombit.ai does not claim any ownership rights in any User Content, including the Images, and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your User Content. All Images will be automatically deleted within 24 hours of your submission to our AIRead-CXR; provided, certain metadata (“Metadata”) may be retained to improve our AIRead-CXR. Subject to the foregoing, Soombit.ai exclusively owns all right, title, and interest in and to the AIRead-CXR and Soombit.ai Content, including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto, and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Soombit.ai’s and its licensors’ patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use or by your use of the AIRead-CXR.

You acknowledge and agree that the AIRead-CXR and Soombit.ai Content are protected by intellectual property, copyright, trademark, and other laws of applicable countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AIRead-CXR or Soombit.ai Content.

We welcome any feedback, comments, and suggestions for improvements to the AIRead-CXR. Any and all (a) suggestions for correction, change and modification to the AIRead-CXR and other feedback, information, and reports provided to Soombit.ai by you (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Soombit.ai or otherwise relating to the AIRead-CXR (collectively, “Revisions”), are and will remain the property of Soombit.ai.

You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the AIRead-CXR or in any such Feedback or Revisions, in the form of ownership, license or otherwise. All Feedback and Revisions become the sole and exclusive property of Soombit.ai and Soombit.ai may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Soombit.ai any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Soombit.ai’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment at Soombit.ai’s cost and expense.

As a condition of your use of the AIRead-CXR, you hereby grant Soombit.ai a non-exclusive, transferable, irrevocable, sublicensable, worldwide, perpetual (or for the whole duration of protection of intellectual property rights on the Feedback and Revision), royalty-free, fully paid license under your User Content, including Metadata but not the actual Image and any personal data, to (i) access, use, transmit, copy, modify, analyze, process, adapt, create derivative works based upon, publicly display and distribute your User Content, including Metadata but not the actual Image and any personal data, solely in connection with operating and to perform other such activities that would be necessary to provide the AIRead-CXR to you, and (ii) use, reproduce, store, modify, transmit, display, distribute, adapt, process and analyze your User Content, including Metadata but not the actual Image and personal data, solely to conduct analytics and research and to develop, improve, and promote Soombit.ai’s products and services.

You are solely responsible for all your User Content. By uploading, providing, submitting or otherwise making available your User Content through the AIRead-CXR, including any publicly accessible blog, community forum, or SNS we may make available (collectively “SNS”), you represent and warrant (a) that you own or otherwise control all of the rights to your User Content, including without limitation, all copyrights or you have all rights that are necessary to grant us the license rights in your User Content under these Terms of Use; (b) that User Content is accurate; and (c) that neither your User Content, nor your use and provision of your User Content to be made available through our AIRead-CXR, nor any use of your User Content by us on or through the AIRead-CXR will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We take no responsibility and assume no liability for any content or materials posted, uploaded, provided, submitted or otherwise made available through the Website, including in the Forums, by you or any third party.

WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE OR THE SNS.

You agree to the following when using our AIRead-CXR:

• You will not use the AIRead-CXR if you are not fully able and legally competent to agree to these Terms of Use.
• You will only use the AIRead-CXR for lawful purposes.
• You will not use the AIRead-CXR for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct.
• You will not use the AIRead-CXR to advertise, solicit or transmit commercial advertisements, including “spam”.
• You will not impair or interfere with the proper operation of the network.
• You will not try to harm or damage the AIRead-CXR in any way whatsoever.
• You will not copy, distribute, or reverse-engineer the AIRead-CXR or Soombit.ai Content without written permission from Soombit.ai.
• You will only use the AIRead-CXR for your own use and will not resell your account to a third party.
• You will keep secure and confidential your account password or any identification we provide you which allows access to the AIRead-CXR and not share with anyone.
• You will provide us with whatever proof of identity we may reasonably request.

You agree to protect the AIRead-CXR, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the AIRead-CXR or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Soombit.ai.Except as specifically permitted herein or expressly authorized in writing by Soombit.ai, you agree that you will not directly or indirectly:

• Distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the AIRead-CXR in any unauthorized manner, including but not limited to by trespass or burdening network capacity.
• Use the AIRead-CXR in any service bureau arrangement.
• Copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the AIRead-CXR, any updates, or any part thereof in any form or manner or by any means.
• Remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the AIRead-CXR.
• Decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the AIRead-CXR, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the AIRead-CXR).
• Use any means to discover the source code of any portion of the AIRead-CXR; or
• Otherwise circumvent any functionality that controls access to or otherwise protects the AIRead-CXR.

Although we are not obligated to monitor access to or use of the AIRead-CXR or Content or to review or edit any Content, we have the right to do so for the purpose of operating the AIRead-CXR, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the AIRead-CXR. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In any case, such investigations and monitoring will be made in accordance with applicable data protection principles and in particular with those defined under the Privacy Policy.

Our privacy practices in operating the AIRead-CXR are described in our Privacy Policy. Please review the Privacy Policy to learn about: what information we may collect about you; what we use that information for; what third-party information, if any, you are agreeing to share by using the AIRead-CXR; and with whom we share that information.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE AIRead-CXR IS SUBJECT TO OUR PRIVACY POLICY. YOU FURTHER ACKNOWLEDGE THAT OUR AIRead-CXR IS CONTROLLED AND OPERATED FROM FACILITIES BASED OUTSIDE THE EUROPEAN UNION AND THAT SOOMBIT.AI MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN SUCH LOCATION. THOSE WHO ACCESS OR USE THE SERVICES FROM SUCH JURISDICTION DO SO AT THEIR OWN VOLITION. UNLESS OTHERWISE EXPLICITLY STATED, ALL MATERIALS FOUND ON THE SERVICES ARE SOLELY DIRECTED TO INDIVIDUALS LOCATED IN COUNTRIES OTHER THAN THE EUROPEAN UNION.

AIRead-CXR may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the AIRead-CXR, you acknowledge and agree that Soombit.ai is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Soombit.ai does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from the AIRead-CXR are not available in all languages or in all countries. Soombit.ai makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH CONTENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND CONTENT ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Soombit.ai HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE OR CONTENT (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. Soombit.ai DOES NOT WARRANT THAT (I) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (III) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (IV) DEFECTS IN THE SERVICES OR CONTENT WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY Soombit.ai OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Soombit.ai OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL Soombit.ai BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR CONTENT OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF Soombit.ai HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. Soombit.ai’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Soombit.ai, AS APPLICABLE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that Soombit.ai would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Soombit.ai to grant you the rights set forth in these Terms of Use.1

You agree that the claim must be resolved exclusively in the applicable district court of Seoul, South Korea, that you submit to the personal jurisdiction of such court for the purpose of litigating any such claim, and that the laws of the Republic of Korea will govern these Terms and any claim, without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Soombit.ai may also bring any claim against you related to efforts to abuse, interfere or engage with our products or services in unauthorized ways in the country in which you reside that has jurisdiction over the claim.

Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum.

We may update these Terms of Use at any time. Updates become effective immediately upon your first access to or use of the AIRead-CXR after the “Last Revised” date at the bottom of these Terms of Use. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the AIRead-CXR. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. Your continued access or use of the AIRead-CXR after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, you can delete your account and do not use the AIRead-CXR.