BIChart Terms

What We Collect and Why

Identity and Access

When you sign up for BIChart, we collect your name, email address, and possibly company information to personalize your account and communicate essential updates.

Billing Information

If you subscribe to a paid service, we collect payment details and billing addresses, processed securely by our payment processor. We retain limited transaction information for billing and support purposes.

Product Interactions

We store content uploaded or maintained within your BIChart account. This data is retained only as long as your account is active or as necessary to provide services.

General Geolocation Data

We log IP addresses to prevent fraud and manage security.

Website Interactions

We collect browsing activity data for analytics, such as IP address, browser type, operating system, and pages visited, to improve service quality. This data does not contain any personal information.

Anti-Bot Assessments

We use CAPTCHA to protect against spam and abuse, evaluating IP addresses and user interactions without accessing personal details.

When We Access or Disclose Your Personal Data

We only disclose your personal data:

• To third-party subprocessors strictly necessary to operate our services.
• If required by law or legal process.
• In aggregated or anonymized forms for analytical or marketing purposes.
• If BIChart is acquired or merged with another entity, with prior notification.

Your Rights Concerning Your Personal Data

You have rights to:

• Access and know the personal data we collect
• Correct your personal data
• Request deletion of your personal data
• Restrict or object to personal data processing
• Data portability
• File complaints with supervisory authorities

Contact us at hello@bichart.ai to exercise these rights.

How We Secure Your Data

All transmitted data is encrypted via SSL/TLS, and backups are encrypted. We maintain robust security measures using commercially reasonably methods to protect your personal data at rest and in transit.

Data Retention and Location

We retain your personal data only as necessary to provide our services or to fulfill purposes described in this policy or as required by law. After deletion requests or account closures, your personal data is permanently purged within 60 days.

BIChart operates primarily in the United States. By using BIChart, you consent to the transfer and storage of your data in the U.S.

Transferring Personal Data from the EU

We use Standard Contractual Clauses to ensure adequate protection of EU personal data transferred to the U.S.

Children's Privacy

Our Services are not directed to children (anyone under 13 years of age), nor do we knowingly solicit or collect any personal data from children without verifiable parental consent. If we discover that we have inadvertently received any personal data from a child, we will investigate promptly and then delete such data from our system if warranted.

If you are a parent or legal guardian of a child and you become aware that your child has provided us with personal data, please contact us promptly at hello@bichart.ai. Parents and legal guardians always have the right to inspect any information that we may have inadvertently collected from their child, and have the right to have us delete it.

U.S. State Privacy Laws

This Terms of Use ("Terms") is entered into between BIChart, a Delaware corporation, with its principal place of business In Miami, FL ("BIChart"), and you, the individual or entity accessing and using the website located at www.bichart.ai ("Website").

By accessing or using the Website, you agree to comply with and be bound by these Terms. You can review the most current version of the Terms at any time at: https://www.bichart.ai/terms. In addition, when using the Website, you shall be subject to any posted guidelines, policies, rules, or additional terms applicable to the Website, as may be posted from time to time, all of which are hereby incorporated by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE WEBSITE. In the event any terms of these Terms conflict with applicable User Terms or the Privacy Statement, the terms of the applicable User Terms or Privacy Statement shall govern as to the conflicting terms.

If you have any questions regarding these terms and conditions, please contact customer support at support@bichart.ai.

Updates and Modifications

Unless explicitly stated otherwise, any new features or updates that augment or enhance the current Website, including new releases, shall be subject to these Terms or other applicable agreements. BIChart reserves the right to modify, terminate, suspend, or otherwise adjust any and all features or aspects of the Website at any time, without prior notice.

Intellectual Property Rights

You acknowledge and agree that BIChart proprietary software and any other software provided in connection with the Website contain proprietary and confidential information protected by applicable intellectual property and other laws.

BIChart Content

Content contained or information presented through the Website ("BIChart Content") is or may be protected by copyrights, trademarks, patents, or other proprietary rights. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website or any underlying BIChart software or materials, in whole or in part, except as explicitly authorized by BIChart.

Trademarks and Marks

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively "Marks") on the Website, including, without limitation, "BICHART," and our logo are the intellectual property of and proprietary to BIChart. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express, prior, written consent of BIChart.

Usage Restrictions

Your use of the Website does not confer upon you any ownership rights in the Website, any content provided thereon, or any underlying software. You may not use any content from the Website unless explicitly permitted by BIChart or applicable law.

You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract or download any BIChart Content from the Site unless we expressly authorize to do so.

Prohibited Activities

You agree not to use the Website to:

1. Upload, post, email, or transmit any User Content that:
   1. Violates any applicable law or regulation
   2. Contains any protected health information regulated by HIPAA or similar laws
   3. Contains payment card information
   4. Infringes intellectual property rights of others
   5. Contains confidential or proprietary information that you are not authorized to disclose
   6. Otherwise may create liability or damage to BIChart
2. Impersonate any person or entity, falsely state or misrepresent your affiliation
3. Send unsolicited advertisements, spam, junk mail, chain letters, or similar solicitations
4. Upload any material containing viruses or other harmful code
5. Interfere with or disrupt the Website or connected networks
6. Provide support or resources to organizations designated as terrorist groups
7. Stalk, harass, or otherwise harm another person
8. Collect or store personal data about other users without consent

Content Monitoring and Technical Processing

You acknowledge that BIChart has the right (but not the obligation) to monitor and remove any User Content that may create liability or harm, at its discretion. You must evaluate and bear all risks associated with the uploading of any User Content through the Website.

BIChart may establish general practices and limits concerning use of the Website, including, without limitation, the maximum number of days User Content is retained, maximum size of User Content files, allotted storage space, and access frequency. BIChart is not liable for deletion or failure to store any User Content or communications maintained or transmitted by the Website.

You understand that the technical processing and transmission of the Website, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Materials

2. Disclaimer of Warranties

YOU MAY HAVE OTHER STATUTORY RIGHTS UNDER APPLICABLE LAW. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY STATUTORY WARRANTIES SHALL BE LIMITED TO THE MINIMUM DURATION REQUIRED BY LAW.

3. Limitation of Liability

IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, BICHART'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, AND SUCH LIMITATION SHALL SUPERSEDE ANY CONFLICTING PROVISIONS IN THESE TERMS.

IN NO EVENT SHALL BICHART'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED $100, PER INCIDENT OR SERIES OF RELATED INCIDENTS.

The limitations of liability in this section shall survive the termination or expiration of these Terms.

4. Indemnification

You agree to indemnify, defend, and hold harmless BIChart Inc., along with its subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors (collectively, the "Indemnified Parties"), from and against any claims, liabilities, damages, losses, expenses, or costs (including reasonable attorneys' fees) arising from your use of the Website or the following:

• Your User Content, data, or other materials submitted, posted, transmitted, or otherwise made available through the Website
• Your use of the Website in violation of these Terms or applicable laws
• Any unauthorized access to or use of your account caused by your negligence, failure to secure your account, or fraudulent activity attributable to you
• Your infringement or misappropriation of any third party's intellectual property, privacy, or other legal rights
• Any disputes, damages, or liabilities arising from your use of the Website

BIChart will provide you with prompt written notice of any claim subject to indemnification, provided that any delay in notification will not relieve you of your obligations unless such delay materially prejudices your ability to defend the claim.

BIChart reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully in our defense of such claims, including providing reasonable assistance, information, and documentation as requested by BIChart, at your expense. You may not settle any such claim without BIChart's prior written consent.

5. General

These Terms constitute the entire agreement between you and BIChart regarding your use of the Website, superseding any prior agreements between you and BIChart related to the Website.

The Terms and the relationship between you and BIChart shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and BIChart agree to submit to the personal and exclusive jurisdiction of the courts located in Miami, Florida and waive any argument that such jurisdiction and venue is inappropriate or inconvenient.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of BIChart to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, the parties agree that the court should strive to give effect to the parties' intentions as reflected in the provision, and all other provisions shall remain in full force and effect.

6. Amendments

These Terms may be updated or modified from time to time at BIChart's discretion. Significant changes include, but are not limited to, modifications affecting your rights, obligations, fees, or the core functionality of the Services.

Notification of Changes

If significant changes are made, we will notify you by:

• Sending an email to the last known email address associated with your account (if applicable)
• Posting a prominent notice of the changes on our website

Notification via email will be deemed effective upon sending, regardless of whether it is received, provided we also post the notice on our Website. For changes that are not significant, we may update the Terms without specific notice, and the updated Terms will be posted on our Website with a revised "Last Updated" date.

Changes to these Terms will take effect no later than thirty (30) days from the date of notice for significant changes, or immediately upon posting for non-significant changes. Continued use of the Website following such notice constitutes your acknowledgment and agreement to be bound by the revised Terms. If you do not agree to the revised Terms, you may terminate your access to the Website.

7. Objecting to User Content

If you believe that any User Content provided through the BIChart Services infringes your trademark, copyright, or other legal rights, you may submit a formal objection by contacting BIChart at hello@bichart.ai or through any other method designated on our Website.

Required Information

Your objection must include:

• A detailed description of the allegedly infringing User Content, including its specific location within the Website (e.g., URL or screenshot)
• A statement of your rights to the content, including any applicable trademark or copyright registrations or evidence of ownership
• Your full contact information, including name, address, phone number, and email
• Any supporting evidence validating your claim
• A statement that you believe in good faith that the use of the User Content is not authorized by the rights holder, its agent, or the law
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on their behalf
• Your physical or electronic signature

Counter-Notice Process

If User Content is removed based on your objection, the user who posted it may submit a counter-notice to hello@bichart.ai. The counter-notice must include:

• Identification of the removed User Content and its prior location
• A statement under penalty of perjury that the User Content was removed or disabled due to mistake or misidentification
• The user's contact information and consent to the jurisdiction of a federal court for disputes
• The user's signature

8. Hyperlinks To Third Party Sites

These Terms do not cover your rights or responsibilities with respect to third party content or any links on the Website that may direct your browser or your connection to third party websites or web pages.

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Website or any other form of link or re-direction of your connection to, with or through the Website, does not constitute an endorsement by, or does it incur any obligation, responsibility or liability on the part of the Website, BIChart or any of their affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers.

We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site in any manner.

9. Ads and Malware

We take great care and pride in creating the Website. We are always on the lookout for technical glitches that effect how the Website works. When we find them on our end, we will endeavor to fix them. Unfortunately, your computer may cause some glitches that effect how you see the Website -- and that is totally beyond our control.

If you experience any unusual behavior, content or ads on the Website, it may be the result of Malware on your computer. Malware -- short for malicious software -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission.

Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Website and on other sites that you visit.

If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.