Terms of Service
These Terms of Service (the “Terms”) form a binding agreement between Gandar Technologies LLC (“Gandar,” “we,” “us,” or “our”) and the individual or entity accessing or using our products and services (“you” or “Customer”). By creating an account, accessing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Please read carefully
These Terms include limitations of liability, disclaimers of warranties, a broad indemnification by you, an automatic-renewal subscription, mandatory arbitration on an individual basis, and a class-action waiver. Read Sections 11 through 15 carefully.
1. The Services
Gandar offers software, websites, applications, APIs, and related services (collectively, the “Services”). We may add, modify, suspend, or discontinue any feature of the Services at any time, in our sole discretion, with or without notice. The Services are tools that assist your workflows; they do not provide medical, legal, billing, tax, or other professional advice, and outputs must be reviewed and approved by qualified personnel before any use, submission, or reliance.
2. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Services. You agree to:
- Provide accurate, current, and complete account information and keep it up to date.
- Keep your credentials confidential and use reasonable security measures.
- Be responsible for all activity that occurs under your account and for any users you authorize.
- Notify us promptly of any actual or suspected unauthorized access at legal@gandartech.com.
3. Acceptable use
You will not, and will not permit anyone else to:
- Violate any law, regulation, or contractual or third-party right.
- Submit content that is fraudulent, fabricated, deceptive, defamatory, infringing, or unlawful.
- Use the Services to commit, support, or facilitate fraud, including insurance, billing, or coding fraud.
- Probe, scan, attack, or attempt to gain unauthorized access to the Services or related systems.
- Reverse engineer, decompile, disassemble, copy, or create derivative works of the Services, or use the Services to build a competing product.
- Bypass usage limits, scrape, or otherwise abuse the Services (including by repeated automated requests).
- Upload viruses, malware, or any code that may damage or interfere with the Services.
We may investigate suspected violations and may suspend, restrict, or terminate access at any time, in our sole discretion, with or without notice and without liability.
4. Customer Content
“Customer Content” means any data, documents, or other material you submit to or generate through the Services. As between you and us, you own your Customer Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, process, and otherwise use Customer Content as needed to provide, secure, and improve the Services and to comply with legal obligations.
You represent and warrant that you have all rights, consents, and authority necessary for us to process Customer Content as contemplated by these Terms, and that Customer Content does not violate any law or third-party right. You are solely responsible for the accuracy, legality, and appropriateness of Customer Content.
You authorize us to create and use anonymized, de-identified, or aggregated data derived from Customer Content for any lawful purpose, including analytics, benchmarking, research, security, and improving our products and models. We retain that derived data even after termination.
5. Fees, billing, and renewal
You agree to pay the fees for the plan you select. Unless otherwise stated:
- Subscription fees are billed in advance on a recurring basis (monthly or annual) and are non-refundable, except as required by law.
- Subscriptions automatically renew for successive periods of the same length at the then-current price unless you cancel before the renewal date through your account or by emailing legal@gandartech.com.
- You authorize us and our payment processor to charge your payment method for all amounts due, including taxes.
- Late or unpaid amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs.
- We may change pricing, plans, included features, and usage limits at any time. Changes that increase pricing apply to your next renewal.
- Free trials, credits, or promotional offers may be modified or revoked at any time.
6. Suspension and termination
You may cancel your subscription at any time; cancellation takes effect at the end of the then-current paid period and no refunds are owed.
We may suspend or terminate your access immediately, with or without notice, for any actual or suspected violation of these Terms, non-payment, risk to security or compliance, or for any other reason in our sole discretion. Upon termination: (a) your right to use the Services ends; (b) we may delete Customer Content after a reasonable retention period; and (c) accrued fees remain due. Sections that by their nature should survive termination will survive, including Sections 4, 7–15.
7. Intellectual property
The Services, including all software, user interfaces, designs, models, prompts, configurations, templates, documentation, and brand elements, and all improvements to any of the foregoing, are owned by Gandar or our licensors and are protected by intellectual-property and other laws. Except for the limited right to use the Services in accordance with these Terms, no rights are granted to you by implication, estoppel, or otherwise. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them without restriction or attribution.
8. Third-party services
The Services may interoperate with, link to, or rely on third-party products, content, or services that we do not control. We are not responsible for any third-party service or for any acts or omissions of third-party providers, and your use of those services is governed by their own terms.
9. HIPAA and healthcare data
Where you are a covered entity or business associate under HIPAA and process Protected Health Information (PHI) through the Services, a separate Business Associate Agreement (BAA) must be executed before submitting PHI. Without an active BAA, you agree not to submit PHI to the Services, and we have no obligations under HIPAA with respect to information you submit. To request a BAA, contact legal@gandartech.com.
10. Beta features
We may make pre-release or experimental features available (“Beta Features”). Beta Features are provided “as is,” may be changed or discontinued at any time, are not subject to any service levels, and are excluded from all warranties and indemnities.
11. Warranty disclaimer
The Services and all outputs are provided “as is” and “as available,” with all faults and without warranty of any kind.
To the maximum extent permitted by law, Gandar and its affiliates, officers, employees, agents, suppliers, and licensors disclaim all warranties, express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, quiet enjoyment, and any warranty arising out of course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, secure, error-free, or free of harmful components, or that outputs will be accurate, complete, current, or suitable for any particular use. You are solely responsible for verifying outputs and for any decisions made or actions taken based on the Services.
12. Limitation of liability
To the maximum extent permitted by law, in no event will Gandar or its affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, loss of goodwill, or cost of substitute services, however caused and under any theory of liability, even if advised of the possibility of such damages.
Our aggregate liability arising out of or relating to the Services or these Terms is limited to the greater of (a) the fees you actually paid us for the Services in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
The limitations in this Section apply regardless of the form of action and will survive any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you; in those jurisdictions, our liability is limited to the smallest extent permitted by law.
13. Indemnification
You will defend, indemnify, and hold harmless Gandar and its affiliates, and each of our and their officers, directors, employees, agents, and licensors, from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your or your users' use of the Services; (b) Customer Content; (c) your breach or alleged breach of these Terms or any representation, warranty, or covenant in them; (d) your violation of any law or third-party right; or (e) any dispute between you and a third party. We may, at our option, assume control of the defense and settlement of any matter for which you are obligated to indemnify us; you will cooperate in the defense and may not settle any matter without our prior written consent.
14. Governing law; dispute resolution
These Terms are governed by the laws of the State of Texas, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Binding arbitration. Any dispute, controversy, or claim arising out of or relating to the Services or these Terms will be resolved exclusively by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator, in Travis County, Texas (or by video conference at the arbitrator's discretion). Judgment on the award may be entered in any court of competent jurisdiction. Nothing in this Section prevents either party from seeking injunctive or equitable relief in court for actual or threatened infringement or misappropriation of intellectual property or breach of confidentiality.
Class-action waiver. All disputes will be arbitrated only on an individual basis. You and we each waive any right to participate as a representative or member of any class, consolidated, or collective proceeding.
Time bar. Any claim must be filed within one (1) year after the claim accrued or it is permanently waived to the fullest extent permitted by law.
15. Changes to the Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, where the change is material, we will use commercially reasonable efforts to notify you (such as by email or in-product). Your continued use of the Services after an update constitutes your acceptance of the revised Terms.
16. Miscellaneous
- Entire agreement. These Terms (together with any order form, BAA, or written agreement signed by us) are the entire agreement between us and supersede all prior or contemporaneous understandings.
- Order of precedence. If there is any conflict, a signed order form or BAA prevails over these Terms; otherwise, these Terms govern.
- No assignment. You may not assign these Terms without our prior written consent; we may assign freely.
- Severability; waiver. If any provision is unenforceable, the rest remain in effect. A failure to enforce any provision is not a waiver.
- Force majeure. Neither party is liable for delays or failures due to events beyond its reasonable control.
- Independent contractors. The parties are independent contractors; nothing creates an agency, partnership, joint venture, or employment relationship.
- Notices. We may give notice via your account or the email associated with it; you must give notice to legal@gandartech.com.
- U.S. export and sanctions. You will comply with all applicable export-control and sanctions laws.
17. Contact
Gandar Technologies LLC
Legal, privacy & compliance: legal@gandartech.com