Terms of Service

1. Acceptance of Terms

By accessing or using IntuBlade products and services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Services.

IntuBlade, Inc. ("IntuBlade," "we," "us," or "our") reserves the right to update these Terms at any time. Continued use of the Services after any changes constitutes acceptance of the new Terms.

2. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

The Services are intended for use by qualified healthcare professionals. You represent that you have appropriate training, credentials, and authorization to perform intubation procedures in your jurisdiction.

3. Description of Services

IntuBlade provides single-use video laryngoscope devices and associated software applications designed to assist healthcare professionals in performing intubation procedures. The Services include:

• Single-use video laryngoscope devices
• Mobile application for video recording and playback
• Cloud-based video storage and management
• Quality assurance and training tools

4. User Accounts

To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

5. HIPAA Compliance and User Responsibility

IntuBlade is committed to HIPAA compliance. We maintain appropriate administrative, physical, and technical safeguards to protect Protected Health Information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA).

User Responsibilities: As a user, you are responsible for:

• Ensuring you have proper authorization to record and store patient videos
• Obtaining any required patient consents
• Using the Services in compliance with your organization's policies
• Protecting your account credentials and access to patient data
• Reporting any suspected security incidents promptly

If you are a covered entity or business associate under HIPAA, please contact us at contact@intublade.com to execute a Business Associate Agreement (BAA).

6. Intellectual Property

Your Content: You retain all ownership rights to videos and other content you upload to the Services ("User Content"). By uploading User Content, you grant IntuBlade a limited license to store, process, and display your content solely for the purpose of providing the Services.

Our Content: The Services, including all software, designs, text, graphics, and other content provided by IntuBlade, are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our content without our prior written consent.

7. Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose
• Attempt to gain unauthorized access to any portion of the Services
• Interfere with or disrupt the Services or servers
• Transmit any malware or malicious code
• Use the Services to violate any applicable laws or regulations
• Resell or redistribute the Services without authorization

8. Medical Disclaimer

IntuBlade products are medical devices intended to assist trained healthcare professionals. The Services do not provide medical advice and are not a substitute for professional medical judgment, diagnosis, or treatment.

You acknowledge that clinical decisions remain solely your responsibility as a healthcare provider. IntuBlade is not responsible for clinical outcomes resulting from the use of our products.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTUBLADE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IntuBlade's total liability for any claims arising out of or relating to these Terms or the Services shall not exceed the amount you paid to IntuBlade in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IntuBlade disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

IntuBlade does not warrant that the Services will be uninterrupted, error-free, or completely secure.

11. Indemnification

You agree to indemnify, defend, and hold harmless IntuBlade and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Contact Information

If you have any questions about these Terms, please contact us at: