1. SERVICE

1.1 Access and Utilization. Throughout the stipulated Subscription Term, and subject to the conditions outlined in the Product/Services Offered section, the Licensee is granted the privilege to (a) access and employ the medmesher Platform Service; and (b) duplicate and utilize the provided Software and Documentation as required for accessing and utilizing the medmesher Platform Service. These actions must be undertaken solely for internal business purposes and strictly in accordance with the terms delineated in this Agreement.

1.2 Service Level. In the event of a Service Level Agreement (SLA) being in effect, should the performance of the medmesher Platform Service fall below the standards defined in the SLA, medmesher shall furnish the remedies specified in the SLA, and shall not be held liable for any other forms of compensation. Any credits accrued pursuant to the SLA shall be applied exclusively to subsequent invoices and shall expire upon termination of the Agreement. Additionally, no remedies under the SLA shall be extended if the temporary unavailability of the medmesher Platform Service arises due to scheduled maintenance, unscheduled emergency maintenance, or circumstances beyond the reasonable control of medmesher. medmesher shall make reasonable efforts to notify the Licensee in advance of any scheduled service interruptions via the medmesher Platform Service or through email communication.

1.3 Support. Throughout the Subscription Term, medmesher shall furnish Technical Support services that Licensees may access by contacting us via email at support@medmesherer.com. This avenue of communication shall remain accessible at all times, and Licensees are encouraged to utilize it not only for addressing technical issues but also for arranging training and onboarding for new user seats. Additionally, Licensees may request medmesher to perform custom reports or analyses tailored to their specific requirements. medmesher is committed to fostering a responsive, informative, and proactive support environment to ensure that our Licensees derive maximum benefit from our services.

1.4 User Accounts. The Licensee shall bear responsibility for all activities carried out on the accounts of its Users and for ensuring that its Users adhere to the provisions of this Agreement. Both the Licensee and its Users are obligated to maintain the confidentiality of their passwords and login credentials. The Licensee must promptly notify medmesher in the event of any suspicion or detection of fraudulent activity related to its accounts, passwords, or login credentials, or if they become compromised.

1.5 Affiliates. If authorized in a medmesher Platform Subscription Order Form, individuals from the Licensee’s Affiliates may access the Licensee’s account as Users under the Licensee’s Agreement. The Licensee shall be accountable for ensuring its Affiliates’ compliance with this Agreement. Should an Affiliate of the Licensee enter into a separate medmesher Platform Subscription Order Form with medmesher, it shall constitute a distinct agreement between medmesher and the Affiliate. In such circumstances, medmesher’s obligations toward the Affiliate shall be independent and separate from those toward the Licensee, and the Licensee shall not be held responsible for the agreements entered into by its Affiliates.

1.6 Feedback and Usage Data. The Licensee may, at its discretion, provide medmesher with Feedback, which, if provided, is done so on an “AS IS” basis. medmesher may utilize all Feedback without any restrictions or obligations. Furthermore, medmesher may collect and analyze Usage Data and may freely employ Usage Data for the purpose of maintaining, improving, and enhancing medmesher’s products and services without any limitations or obligations. However, medmesher may only share Usage Data with third parties if such data is aggregated and does not identify the Licensee or its Users.

1.7 Customer Content. medmesher may reproduce, display, modify, and utilize the Licensee’s Content only to the extent necessary for providing and maintaining the Product and related services. The Licensee shall be responsible for the accuracy and content of its Content.

1.8 The medmesher Platform Service facilitates connections between medical professionals and hospitals/clinics via a matchmaking business model.

1.9 medmesher collects and utilizes internet data for matchmaking and recruitment, including job listings and hospital/clinic details. Our proprietary rating system and recommendation algorithms enhance matchmaking. We adhere to GDPR and other data regulations for personal and location information.

2. RESTRICTIONS & OBLIGATIONS

2.1 Restrictions on Licensee. Except as explicitly permitted by the terms of this Agreement, the Licensee shall refrain from (and shall not authorize any third party to): (i) engage in reverse engineering, decompiling, or any attempt to discern the source code or underlying concepts or algorithms of the medmesher Platform Service (except where prohibited by Applicable Laws); (ii) provide, sell, transfer, sublicense, loan, distribute, rent, or otherwise grant access to or use of the medmesher Platform Service to others; (iii) remove any proprietary notices or labels; (iv) replicate, modify, or create derivative works of the medmesher Platform Service; (v) perform security or vulnerability assessments on, disrupt the operation of, cause degradation in performance of, or circumvent access controls of the medmesher Platform Service; (vi) access accounts, information, data, or sections of the medmesher Platform Service for which explicit authorization has not been granted to the Licensee; (vii) utilize the medmesher Platform Service for the development of a competing service or product; (viii) engage in any High-Risk Activities or activities prohibited by Applicable Laws using the medmesher Platform Service; (ix) employ the medmesher Platform Service to gain unauthorized entry into the networks or equipment of others; or (x) upload, submit, or otherwise provide to the medmesher Platform Service any Content for which the Licensee and its Users do not possess the requisite rights.

2.2 Suspension. In the event that the Licensee: (a) maintains an outstanding, uncontested balance on its account beyond the stipulated Payment Term by more than 30 days; (b) breaches Section 2.1 (Restrictions on Licensee); or (c) utilizes the medmesher Platform Service in violation of the terms of the Agreement or in a manner that significantly and adversely impacts the medmesher Platform Service or other users, medmesher reserves the right to temporarily suspend the Licensee’s access to the medmesher Platform Service, with or without prior notice. However, medmesher will endeavor, where practicable, to notify the Licensee prior to suspending the account. Access to the Product shall be reinstated by medmesher only upon satisfactory resolution of the underlying issue.

2.3 medmesher will not share sensitive personal data with third parties without explicit consent or unless required by law.

2.4 The licensee shall not (and will not permit anyone else to) engage in any unauthorized access or use of data collected by medmesher for matchmaking and recruitment purposes. This includes but is not limited to, accessing or using data beyond the scope of agreed-upon purposes, sharing data with unauthorized third parties, or using data in a manner inconsistent with medmesher’s policies or applicable laws. Unauthorized access or use of data collected by medmesher may result in termination of access to the medmesher Platform Service and may also incur legal consequences.

2.5 This clause ensures that users are explicitly prohibited from accessing or using data collected by medmesher in any unauthorized manner, thereby safeguarding the integrity and privacy of the data collected for matchmaking and recruitment purposes.

3. PRIVACY & SECURITY

3.1 Personal Data. Prior to transmitting any Personal Data subject to GDPR regulations, the Licensee must execute a “Data Processing Agreement” (DPA) with medmesher. In the event of a preexisting DPA between the parties, the terms outlined within the DPA shall govern each party’s rights and obligations concerning Personal Data, superseding any conflicting provisions within this Agreement.

3.2 Prohibited Data. The Licensee shall refrain from submitting Prohibited Data to the medmesher Platform Service unless explicitly authorized by the terms specified in the medmesher Platform Subscription Order Form.

3.3 Security. medmesher shall employ commercially reasonable measures to safeguard the medmesher Platform Service against unauthorized access, modification, usage, and any other unlawful interference.

4. PAYMENT & TAXES

4.1 Fees and Invoices. All fees are denoted in Euros and are exclusive of applicable taxes in Estonia, and Europe. Except for instances where specific termination rights allow for prorated refunds of prepaid fees, fees are considered non-refundable.

4.2 Payment. The Licensee shall remit to medmesher the stipulated fees and taxes denoted in each invoice, payable in Euro within the designated Payment Term.

4.3 Taxes. The Licensee bears responsibility for any duties, taxes, or levies applicable to fees, including but not limited to sales tax, value-added tax (VAT), goods and services tax (GST), or withholding tax, as itemized and included by medmesher in an invoice. However, the Licensee shall not be responsible for medmesher’s income taxes.

4.4 Payment Dispute. In the event of a good-faith dispute regarding invoiced amounts, the Licensee must notify medmesher of the dispute during the Payment Term specified for the invoice and must timely remit all undisputed amounts. The parties shall collaboratively work towards resolving the dispute within 15 days following the end of the Payment Term. If no resolution is reached, each party reserves the right to pursue remedies available under the Agreement or Applicable Laws.

5. TERM & TERMINATION

5.1 Subscription Period. Unless terminated by the Licensee prior to the expiry of the ongoing Subscription, medmesher shall automatically renew the Subscription upon the conclusion of the agreement term. Unless otherwise specified in the medmesher Platform Subscription Order Form, cancellations of Subscriptions must be made at least 60 days prior to the anniversary date. Renewals may be subject to an inflation adjustment of up to 5% over the preceding term.

5.2 Agreement Term. Unless otherwise stipulated in the medmesher Platform Subscription Order Form, the Agreement shall commence on the Effective Date and endure for a minimum of one year or until all Subscription Periods have lapsed.

5.3 Termination. Either party may terminate this Agreement if the other party: (a) fails to remedy a material breach of the Agreement within 30 days of receiving notice; (b) commits a material breach incapable of remedy; (c) ceases operations without a successor; (d) makes an assignment for the benefit of creditors; or (e) becomes the subject of insolvency, receivership, or bankruptcy proceedings lasting more than 60 days. Additionally, either party may terminate an affected Order Form if a Force Majeure Event renders the medmesher Platform Service incapable of substantial operation for 30 or more consecutive days, upon which medmesher will reimburse the Licensee with a prorated refund of prepaid fees for the remaining Subscription Period. The terminating party must notify the other party of its rationale for termination.

5.4 Effect of Termination. Termination of the Agreement shall automatically nullify all associated Order Forms. Upon expiration or termination:

5.4.1 The Licensee shall forfeit all rights to utilize the Product, Technical Support, and/or Professional Services.

5.4.2 Upon request by the Licensee, medmesher shall erase the Licensee Content within 60 days.

5.4.3 Each party shall return or destroy any Confidential Information belonging to the other party in its possession or control.

5.4.4 medmesher shall issue a final invoice for any outstanding fees incurred prior to termination, which the Licensee shall remit in accordance with Section 4 (Payment & Taxes).

5.5 Survival

5.5.1 The following sections shall remain effective following the expiration or termination of the Agreement: Section 1.6 (Feedback and Usage Data), Section 2.1 (Restrictions on Licensee), Section 4 (Payment & Taxes) for fees accrued or payable before expiration or termination, Section 5.4 (Effect of Termination), Section 5.5 (Survival), Section 6 (Representations & Warranties), Section 7 (Disclaimer of Warranties), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Confidentiality), Section 11 (Reservation of Rights), Section 12 (General Terms), Section 13 (Definitions), and the relevant portions of a medmesher Platform Subscription Order Form referenced by these sections.

5.5.2 Each party may retain Confidential Information disclosed by the other party in accordance with its standard backup or record retention policies maintained in the ordinary course of business or as required by Applicable Laws. In such cases, Section 3 (Privacy & Security) and Section 10 (Confidentiality) shall continue to govern the retained Confidential Information.

6. REPRESENTATIONS & WARRANTIES

6.1 Mutual. Each party hereby represents and warrants to the other that: (a) it possesses the requisite legal authority and capacity to enter into this Agreement; (b) it is duly organized, validly existing, and in good standing under the Applicable Laws of its jurisdiction of origin; and (c) it shall adhere to all Applicable Laws while fulfilling its obligations and exercising its rights under this Agreement.

6.2 From Licensee. The Licensee warrants and represents that it, along with all Users and any individuals submitting Licensee Content, currently holds and will continue to hold all necessary rights to submit or provide Licensee Content to the medmesher Platform Service and to authorize the usage of Licensee Content as outlined in this Agreement.

6.3 From medmesher. medmesher warrants to the Licensee that (a) it shall not significantly diminish the general functionality of the medmesher Platform Service during any Subscription Period.

6.4 medmesher Warranty Remedy. In the event of a breach of warranty by medmesher as described in Section 6.3, the Licensee must promptly notify medmesher (providing sufficient details for medmesher to comprehend or replicate the issue) within 45 days of discovering the matter. Within 45 days of receiving adequate details concerning the warranty breach, medmesher shall endeavor to restore the general functionality of the medmesher Platform Service. Should medmesher fail to rectify the issue, the Licensee may terminate the affected medmesher Platform Subscription Order Form, upon which medmesher shall reimburse the Licensee with a prorated refund of prepaid fees for the remaining Subscription Period. The Licensee’s right to terminate and medmesher’s obligation to restore functionality constitute the sole remedies available to the Licensee in the event of medmesher’s failure to fulfill the warranties specified in Section 6.3.

7. DISCLAIMER OF WARRANTIES

medmesher does not warrant that the medmesher Platform Service will always be safe, secure, or free from errors, disruptions, delays, or defects. The warranties outlined in Section 6.3 do not extend to instances of misuse or unauthorized modification of the medmesher Platform Service, nor to any products or services provided by entities other than medmesher. Except for the warranties set forth in Section 6, both medmesher and the Licensee disclaim all other warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. These disclaimers are applicable to the fullest extent permitted by Applicable Laws.

8. LIMITATION OF LIABILITY

8.1 Liability Caps. Notwithstanding any other provision of this Agreement, medmesher’s total liability, and the Licensee’s exclusive remedy for damages arising from any cause whatsoever, including but not limited to damages resulting from breach of warranty, contract, negligence, or otherwise, shall be limited to the number of fees paid or payable by the Licensee to medmesher in the twelve (12) month period immediately preceding the claim. This limitation shall apply irrespective of the failure of the essential purpose of any limited remedy. This liability cap applies to all liability and obligations under this Agreement, regardless of the legal theory underlying the claim.

8.2 Damages Waiver. Each party’s liability for any claim or liability arising out of or relating to this Agreement shall be limited to the fullest extent permitted by Applicable Laws. Under no circumstances shall either party be liable to the other for lost profits or revenues, or for consequential, special, indirect, exemplary, punitive, or incidental damages arising from this Agreement, even if the party has been advised of the possibility of such damages in advance.

8.3 Exceptions to Liability. Notwithstanding the provisions pertaining to limitation of liability as set forth in Sections 8.1 and 8.2 of this Agreement, the liability caps shall not apply under the following circumstances:

8.3.1. Any indemnification obligations arising from the actions of an Indemnifying Party under the indemnification clauses of this Agreement.

8.3.2. Breach of Section 3 (Privacy & Security) resulting directly from actions or omissions constituting gross negligence or willful misconduct.

8.3.3. Breach of Section 10 (Confidentiality) resulting directly from actions or omissions constituting gross negligence or willful misconduct; however, breaches related to data security or similar infractions shall be excluded.

8.4 Under the aforementioned circumstances, the limitations on liability stipulated in this Agreement shall not serve to diminish or reduce the liability of the breaching party, and said party shall bear full responsibility for the liabilities and obligations arising from such breach.

8.5 Liability Regarding Fake Users. medmesher shall not be held liable for the presence of fake users on the platform. While medmesher endeavors to maintain a secure and authentic user base, it cannot guarantee the authenticity of all users. Users are advised to exercise caution and diligence when interacting with other users on the platform.

8.6 Verification of Healthcare Professionals. Hospitals and clinics, as entities publishing job listings on the platform, are responsible for verifying the credentials of doctors and nurses they intend to employ. medmesher does not assume responsibility for verifying the authenticity or qualifications of healthcare professionals listed on the platform.

8.7 Usage of Contact Information. By utilizing the platform, users consent to the usage of their provided contact information, such as phone numbers, for communication purposes related to the services offered by medmesher.

8.8 Collection of Location Data. medmesher may collect and utilize location data from users for the purpose of enhancing user experience and providing location-based services. Users have the option to enable or disable location tracking features within their account settings.

9. INDEMNIFICATION

9.1 Exclusion of Liability by medmesher. medmesher shall not be held liable for any claims asserted by entities other than the Licensee, Licensee’s Affiliates, or Users, including but not limited to direct damages, awards, settlements, costs, and expenses, such as reasonable attorneys’ fees and other legal expenses, arising from the Licensee’s utilization of the medmesher Platform Service. This encompasses claims alleging that the medmesher Platform Service, when used by the Licensee in accordance with this Agreement, violates, misappropriates, or infringes upon the intellectual property or other proprietary rights of any third party.

9.2 Protection by Licensee. The Licensee agrees to indemnify, defend, and hold harmless medmesher from and against all Licensee Covered Claims made by entities other than medmesher or its Affiliates, along with all associated damages, awards, settlements, costs, and expenses, including reasonable attorneys’ fees and other legal expenses, arising from such Licensee Covered Claims. For clarification, a “Licensee Covered Claim” refers to any action, proceeding, or claim to assert that the Licensee’s Content, when used as per the terms of this Agreement, violates, misappropriates, or infringes upon the intellectual property or other proprietary rights of any third party, or arises from the Licensee’s breach or alleged breach of Section 2.1 (Restrictions on Licensee).

9.3 Procedure. The Indemnifying Party’s obligations under this section are contingent upon the Protected Party: (a) promptly notifying the Indemnifying Party of each Covered Claim for which protection is sought; (b) providing reasonable assistance to the Indemnifying Party at the Indemnifying Party’s expense; and (c) granting the Indemnifying Party sole control over the defense and settlement of each Covered Claim. The Protected Party may engage in a Covered Claim for which protection is sought with its own legal representation, but solely at its own expense. The Indemnifying Party shall not agree to any settlement of a Covered Claim containing an admission of fault or materially and adversely affecting the Protected Party without the prior written consent of the Protected Party.

9.4 Exclusions

9.4.1. medmesher’s obligations as an Indemnifying Party shall not extend to medmesher Covered Claims resulting from (i) unauthorized modifications to the medmesher Platform Service not authorized by medmesher or made in compliance with Licensee’s instructions; (ii) unauthorized use of the medmesher Platform Service, including use in violation of this Agreement; (iii) utilization of the medmesher Platform Service in conjunction with items not provided by medmesher; or (iv) utilization of an outdated version of the medmesher Platform Service where a newer release would have prevented the Covered Claim.

9.4.2. The Licensee’s obligations as an Indemnifying Party shall not apply to Licensee Covered Claims resulting from the unauthorized use of the Licensee’s Content, including use in violation of this Agreement.

9.5 Exclusive Remedy. This Section 9 (Indemnification), in conjunction with any termination rights, constitutes the Protected Party’s exclusive remedy and the entire liability of the Indemnifying Party for a Covered Claim.

10. CONFIDENTIALITY

10.1 Non-Use and Non-Disclosure. Unless otherwise authorized in the Agreement, the Recipient shall (a) solely utilize the Discloser’s Confidential Information to fulfill its obligations or exercise its rights under this Agreement; and (b) refrain from disclosing the Discloser’s Confidential Information to any other party. Additionally, the Recipient shall safeguard the Discloser’s Confidential Information using protections at least as stringent as those employed for its own similar information, but in no case less than a reasonable standard of care.

10.2 Exclusions. Confidential Information excludes information that (a) the Recipient possessed without any obligation of confidentiality before disclosure by the Discloser; (b) becomes publicly known and generally available without any fault of the Recipient; (c) the Recipient receives without any confidentiality obligation from an authorized party; or (d) the Recipient independently develops without using or referencing the Discloser’s Confidential Information.

10.3 Required Disclosures. The Recipient may disclose the Discloser’s Confidential Information to the extent mandated by Applicable Laws, provided that, unless prohibited by Applicable Laws, the Recipient furnishes the Disclosing Party with reasonable advance notice of such disclosure and cooperates reasonably, at the Discloser’s expense, with the Discloser’s efforts to secure confidential treatment for the Confidential Information.

10.4 Permitted Disclosures. The Recipient may disclose the Discloser’s Confidential Information to Users, employees, advisors, contractors, and representatives who have a legitimate need to access the Confidential Information, provided that each recipient is bound by confidentiality obligations at least as protective as those articulated in this Section 10. The Recipient shall remain responsible for ensuring compliance with the terms of this Section 10 by all such recipients.

11. RESERVATION OF RIGHTS

Except for the limited license to copy and use Software and Documentation as outlined in Section 1.1 (Access and Use), medmesher retains all rights, titles, and interest in and to the medmesher Platform Service, regardless of whether developed before or after the Service Start Date. Similarly, except for the limited rights granted under Section 1.7 (Licensee Content), the Licensee retains all rights, title, and interest in and to the Licensee’s Content.

13. DEFINITIONS

13.1 “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest.

13.2 “Agreement” means these Standard Terms, together with the medmesher Platform Subscription Order Form between medmesher and Licensee that include or reference a single set of Key Terms and the policies and documents referenced in or attached to those medmesher Platform Subscription Order Forms.

13.3 “Applicable Data Protection Laws” refers to the Applicable Laws that govern how the medmesher Platform Service may process or use an individual’s personal information, personal data, personally identifiable information, or other similar terms.

13.4 “Applicable Laws” means the laws, rules, regulations, court orders, and other binding requirements of a relevant government authority that apply to or govern medmesher or Licensee.

13.5 “medmesher Platform Service” means the product described in a medmesher Platform Subscription Order Form.

13.6 “Confidential Information” means information in any form disclosed by or on behalf of a Discloser, including before the Service Start Date, to a Recipient in connection with this Agreement that (a) the Discloser identifies as “confidential”, “proprietary”, or the like; or (b) should be reasonably understood as confidential or proprietary due to its nature and the circumstances of its disclosure. Confidential Information includes the existence of this Agreement and the information on each medmesher Platform Subscription Order Form. Licensee’s Confidential Information includes non-public Licensee Content and medmesher’s Confidential Information includes non-public information about the medmesher Platform Service.

13.7 “medmesher Platform Subscription Order Form” means a document that is signed or electronically accepted by the parties that incorporate these Standard Terms, identifies medmesher and Licensee and may include an Order Form, Key Terms, or both.

13.8 “Covered Claim” means either a medmesher Covered Claim or Licensee Covered Claim.

13.9 “Licensee Content” means data, information, or materials submitted by or on behalf of the Licensee or Users to the medmesher Platform Service but excludes Feedback.

13.10 “Discloser” means a party to this Agreement when the party is providing or disclosing Confidential Information to the other party.

13.11 “Documentation” means the usage manuals and instructional materials for the medmesher Platform Service that are made available by medmesher.

13.12 “Feedback” means suggestions, feedback, or comments about the medmesher Platform Service or related offerings.

13.13 “Force Majeure Event” means an unforeseen event outside a party’s reasonable control where the affected party took reasonable measures to avoid or mitigate the impacts of the event. Examples of these kinds of events include unpredicted natural disasters like major earthquakes, wars, pandemics, riots, acts of terrorism, or public utility or internet failure.

13.14 “GDPR” means European Union Regulation 2016/679 as implemented by local law in the relevant European Union member nation, and by section 3 of the United Kingdom’s European Union (Withdrawal) Act of 2018 in the United Kingdom.

13.15 “High-Risk Activity” means any situation where the use or failure of the medmesher Platform Service could be reasonably expected to lead to death, bodily injury, or environmental damage. Examples include full or partial autonomous vehicle technology, medical life-support technology, emergency response services, nuclear facilities operation, and air traffic control.

13.16 “Indemnifying Party” means a party to this Agreement when the party is providing protection for a particular Covered Claim.

13.17 “Key Terms” means the portion of a medmesher Platform Subscription Order Form that includes the key legal details and definitions for this Agreement that are not defined in the Standard Terms. The Key Terms may include details about Covered Claims, set the Governing Law, or contain other details about this Agreement.

13.18 “Order Form” means the portion of a medmesher Platform Subscription Order Form that includes the key business details and definitions for this Agreement that are not defined in the Standard Terms. An Order Form may include details about the level of access and use granted to the medmesher Platform Service, the nature and timing of Professional Services, the extent of Technical Support, or other details about the medmesher Platform Service.

13.19 “Personal Data” will have the meaning(s) set forth in the Applicable Data Protection Laws for personal information, personal data, personally identifiable information, or other similar term.

13.20 “medmesher Platform Service” means the Cloud Service, Software, and Documentation.

13.21 “Prohibited Data” means (a) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act; (b) credit, debit, bank account, or other financial account numbers; (c) social security numbers, driver’s license numbers, or other unique and private government ID numbers; (d) special categories of data as defined in the GDPR; and (e) other similar categories of sensitive information as set forth in the Applicable Data Protection Laws.

13.22 “Protected Party” means a party to this Agreement when the party is receiving the benefit of protection for a particular Covered Claim.

13.23 “Recipient” means a party to this Agreement when the party receives Confidential Information from the other party.

13.24 “Software” means the client-side software or applications made available by medmesher for Licensee to install, download (whether onto a machine or in a browser), or execute as part of the medmesher Platform Service.

13.25 “Usage Data” means data and information about the provision, use, and performance of the medmesher Platform Service and related offerings based on the Licensee’s or User’s use of the medmesher Platform Service.

13.26 “User” means any individual who uses the medmesher Platform Service on the Licensee’s behalf or through the Licensee’s account.

14. Integration and Interrelation of Terms

By accepting the terms of service, you are also automatically accepting the terms of use of the medmesher application. The terms of service and terms of use are complementary and together constitute the entire agreement between you and medmesher regarding your use of the platform. In the event of any conflict or inconsistency between the terms of service and terms of use, medmesher reserves the right to invoke the provisions of either document that afford it the greatest protection, without prejudice to its rights or remedies under this agreement or applicable law.

This integration clause ensures that users understand that both the terms of service and terms of use are integral parts of their agreement with medmesher and that they work together to govern their use of the platform. It also clarifies medmesher’s rights in case of conflicts between the two documents.