Mediary, Inc. (“Company,” “we”, “us” or “our”) maintains these Terms of Service (these “Terms”) that describe the terms and conditionsapplicable to our services accessible through our website, a mobile applicationor any other means of delivery (the “App”) and your use of our website (the“Site” and together with the App, the “Service”).  Your use of the Service is subject at alltimes to these Terms and our privacy policy (“Privacy Policy”), which isconsidered a part of these Terms.  Anyinconsistency between these Terms and the Privacy Policy shall be resolved bythe Company in its sole and absolute discretion.
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PLEASE READ THESE TERMS CAREFULLYBEFORE ACCESSING, DOWNLOADING, OR USING THE SERVICE.  BY ACCESSING, DOWNLOADING, OR USING THESERVICE, YOU WILL BE BOUND BY THESE TERMS. BY SELECTING THE “YES” OR “DOWNLOAD”OR “SUBSCRIBE” BUTTON, USING THE SITE, OR BENEFITING FROM THE SERVICE, YOUCONSENT TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND YOU DO NOT AGREETO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THEN SELECT THE “NO” BUTTONOR DO NOT ACCESS THE SERVICE.YOU MAY NOT USE THE SERVICE IF: (A) YOU CANNOT ENTER INTO ABINDING CONTRACT WITH COMPANY; (B) YOU ARE NOT ALLOWED TO RECEIVE PRODUCTS,INCLUDING SERVICES OR SOFTWARE, FROM THE UNITED STATES; OR (C) YOU HAVEPREVIOUSLY BEEN BANNED FROM USING THE SERVICE. 
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1. THE SERVICE
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(a) General Description.  Through our Service, we offer digital services that may include virtual scribing that transcribes recorded interactions into text, ambient listening, analytics, and other functionality made available from time to time by Mediary in its sole discretion.  The Service will collect User Content as a normal part of the functioning of the Service.  “User Content” means any and all data, information, documentation, patient recordings, or other materials collected by the normal functioning of the Service or otherwise entered into the Service by a User.

(b) No Medical or Professional Advice. The Service does not include or represent the provision of medical advice by the Company.  Mediary does notoffer medical advice or diagnoses or engage in the practice of medicine or any other professional service.  Informationand materials provided to you by us through the Service are not intended to be, and do not constitute, a substitute for professional medical advice, diagnosis or treatment.  Further, the Service does not provide professional coding or billing support and any recommendations should be reviewed by appropriate individuals. Users are responsible for utilizing their own professional training andseeking additional input as determined by each User.

(c) Conversation Recording Consent. The Service may include functionality to record ambient or other conversations or interactions between a User and a third party, including a patient and any individual in a visit or interaction with a patient, such as a family member or caregiver.  It is eachUser’s sole responsibility and obligation to obtain any necessary consent froma third party to such recording.  Mediarydoes not represent that it obtains any such consent nor shall Mediary have anyresponsibility or obligation to contain such consent.

(d) License to Use Service.  Subject to theseTerms and the Privacy Policy, the Company grants to you a limited,non-exclusive, non-transferable, non-sublicensable and revocable right andlicense to access and use the Service. The Company may terminate this license without notice in the event youfail to comply with these Terms or the Privacy Policy as determined by us in our sole discretion.  Upon termination ofthe license, you must immediately cease accessing and using the Service andMediary will terminate your Account.

(e) Acceptance of These Terms.  You affirm that you are at least 18 years of age or older and creating the Account for use in connection with an existing customer of Mediary.  By accepting these Terms, you affirm that you are fully able and competent to enter into and abide by all of the terms and conditions set forth in these Terms.  The Service is not intended for use by any User under the age of 18 and if Company learns that an Account has been created by a User who is under the age of 18,then Company may immediately terminate such Account.

(f) Limitations.   The license granted to you is subject to the following limitations.  You shall not nor permit any other person to:(i) in whole or in part, (1) modify, translate or create any derivative work of the Service, including any Company Content (defined below) or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Service; (ii) modify, alter or remove any copyright, patent, confidentiality, trademark or other notices, labels or legends displayed in the Service, including in any Company Content; (iii) sell, grant a security interest in or transfer the Service or reproductions of any Company Content or any part of either the Service or Company Content for any purposes in any way not expressly authorized in these Terms; (iv) assign, rent, lease, distribute or license any Company Content or any part of the Service toothers; or (v) exploit the Service, including any Company Content or any of its parts, for any commercial purpose.

2. IP OWNERSHIP

(a) Company Content.  The Company shall retain exclusive right, title and interest (including all intellectual propertyrights) in and to the App, the Site, all materials that are part of the App orSite (including past, present, and future versions) (excluding User Content),including, without limitation: art, icons, graphics, layout, text, images,audio and/or video, designs, features, advertisements, logos, domain names,trade names and marks, and service marks, any and all copyrightable material,the “look and feel”, the compilation, assembly and arrangement of the materialsof the Service, and all other materials or content made available in theService (collectively, “Company Content”). All Company Content is protected from unauthorized use, copying, anddissemination by applicable copyright, trademark, patent, publicity and otherlaws, rules, regulations and international treaties.  

(b) Trademarks.  All words and logosin the Service marked by the ™ or ® symbols are trademarks and service marks ofthe Company.  All rights are reserved bythe Company.  All other trademarks andservice marks appearing in the Service are the property of their respectiveowners.  All rights are reserved.  Use of any of our trademarks, service marksor names as “metatags” for any purpose other than as expressly authorized inthese Terms is strictly prohibited.

(c) No Additional Rights.  Only those licenses expressly set forth in these Terms are granted. No other licenses are granted under these Terms, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these Terms is intended to nor will these Terms transfer any of the right, title, or interest (including any intellectual property right)from the Company and/or its licensors to you or any third party.  If you are ever inadvertently or erroneously held or deemed to be the owner of any such rights, you will assign, and hereby irrevocably assign, to the Company or its licensors, as the case may be, all such rights as of the effective date of these Terms, and will execute all documents to implement and confirm the terms and intent of this Section or designate the Company as your power of attorney to solely to effectuate such assignment.

(d) User Content.  All User Content shall be your sole and exclusive property. You understand that when you are responsible for how you share User Content and for all of your use of your User Content.

3. ACCOUNT, FEES, BILLING METHODS ANDTERMINATION

(a) Accounts. By completing the registration process, you may establish a user account(“Account”), obtain a user ID, become a registered user (“User”), and access the Service.  To create and/or maintainan Account, you must provide such information as may be requested during theregistration process or requested from time to time in our sole discretion.  You must provide truthfuland accurate information during the Account registration process.  As part of the Service, you may receive email and other communications from us relating to or deriving from your use of theService.  By disclosing your email andother contact information during the registration process, you acknowledge and authorize that we may send you such communications, including text messages ifyou provided your cellphone number.  Youwill no longer receive communications contemplated by these Terms once yourAccount is terminated or if you opt-out of receiving such communications inaccordance with the procedures set forth in the Privacy Policy. You are solely responsible for allactivity on or related to your Account, your User Content, and for the security of your computer, mobile device, and any other device that you use to access the Service. You should not reveal your Account password to other users orpermit others to access your Account. All acts performed using your Account (including User Content) shall be deemed to be your acts.  You shallpromptly notify the Company of any changes to your Account information or if such information has been disclosed to a third party in violation of these Terms.  You shall solely be responsiblefor any harm or liability that arises from any improper third party disclosure and/or use (including unauthorized third party use) of your Account (including User Content).  If there is a risk ofyour Account (including User Content) being improperly used by a third party, you shall promptly take all reasonable measures to limit such use, including, without limitation by changing your password and notifying the Company.  Under no circumstances shall the Company be liable to you for any loss you incur, including from the loss of your UserContent, from your loss of any Account information (including user name, user ID or password), unauthorized access or use of your Account and/or from harmful or malicious code.

(b)  Fees.  You may create an Account, and access and usethe Service without paying any registration or subscription fees, if theCompany enables a free offering. However, the Company, in its sole and absolute discretion, may, fromtime to time, modify, amend, or supplement the terms and billing methodsrelating to fees and charges, and post those changes in the Service.  Such modifications, amendments or supplementsshall be effective immediately upon posting in the Service, though we will usereasonable efforts to try to post notice of any changes on the Site or in thePlatform.  If any change is unacceptableto you, your sole remedy is to cancel your Account and cease using theService.  If applicable, all fees andcharges are non-refundable unless expressly provided otherwise in these Termsor pursuant to applicable law.  TheCompany will not refund or issue any written receipts for any fees or chargesyou pay in connection with the Service.  

(c) Equipment.  You will procure,provide and bear the expense for all equipment, software and other technologiesand data access plans necessary to access the Service, including, a personalcomputer or mobile device suitable to connect with the Service and an internetconnection and/or mobile subscription.  (d)              Termination.  You can terminate your Accountand/or cease accessing and using the Service at any time by following theprocedures contained in the Service. You understand and agree that unlessotherwise expressly provided for in these Terms, terminating your Account andceasing access and use of the Service are your sole right and remedy withrespect to any dispute with us.Without limiting any other remedies,we may suspend or terminate your Account and your access to and use of theService (or any portion of any of those things, including any User Data andUser Content) at any time if you are, or we suspect that you are, failing tocomply with these Terms or the Privacy Policy, with or without notice toyou.  We reserve the right to stopoffering and/or supporting the Service at any time for any valid commercialreason, at which time your license to access and use the Service willautomatically be terminated without further action. You understand and acknowledge thatwe are not responsible for notifying your Sponsor or any other third party ofany termination, suspension, or cessation of your use of your Account or theServices.  You understand that yourSponsor and any other third party may not receive any notice of suchtermination, suspension or cessation and it is your sole responsibility toprovide all such notifications to your Sponsor or any other third party.4.           CONDUCT 　(a)              You are personally responsible for your access and use ofthe Service and for all of your User Content and online activity in connectionwith the Service.  You will indemnify andhold harmless the Company, its licensors, suppliers, partners, affiliates andtheir respective employees, officers, directors and agents (collectively,“Company Affiliates”) from all claims for liabilities, losses and expenses,including reasonable attorneys’ fees and costs, from third parties arising fromsuch use, User Content and activity. Specifically, you will comply with these Terms, all applicable laws, rulesand regulations governing the disclosure and use of third party property,including, without limitation, any and all intellectual property rights.Moreover, you will not engage in any of the following:                            (i)      Post, transmit, promote, distribute or provide links toillegal content;                                      (ii)                       Harass, threaten, abuse, disparage, libel, slander,embarrass, or engage in any other disruptive behavior involving another user;                                   (iii)    Transmit or facilitate distribution of content that isharmful, abusive, racially or ethnically offensive, vulgar, sexually explicit,defamatory, infringing, invasive of personal privacy or publicity rights, or ina reasonable person's view, objectionable;                                    (iv)       
Infringe upon the intellectual property rights of theCompany or any third party;                                      (v)       Alter, delete or cancel any other user’s profile informationor User Content;                                    (vi)        Disrupt the flow communication areas within the Service withvulgar language, abusiveness, hitting the return key repeatedly or inputtinglarge images so the screen goes by too fast to read, use of excessive shouting,using ALL CAPS in an attempt to disturb other users, “spamming” or flooding orposting repetitive text;                                 (vii)     Impersonate another person, indicate that you are a CompanyAffiliate, or attempt to mislead users by indicating that you represent Companyor any Company Affiliate;                                (viii)                       Use any robot, spider, scraper, or other automatedmeans (other than in accordance with these Terms and any additionalterms) to access the Service for any purpose without our expresswritten permission or bypass measures we may use to prevent orrestrict access to the Service;                                    (ix)                       
Attempt to get a user ID, password, or other userinformation, or any other private information from a user.  Mediary employees will NEVER ask for yourpassword.  DO NOT give your password orsecret answers out to anyone;                                      (x)        Upload any content, including User Content that you do notown or have the right use and/or license to the Company in accordance withthese Terms;                                    (xi)       Engage in or promote or encourage any illegal or fraudulentactivity including hacking, cracking or distribution of counterfeit software,or identity theft;                                 (xii)            Upload User Content or display URLs that contain harmful ormalicious code or corrupted data;                               (xiii)              Post messages for any purpose other than personalcommunication, including, without limitation, advertising, promotionalmaterials, chain letters, direct marketing, multi-level marketing programs andpyramid schemes;                                (xiv)                       
Make
any commercial use of the Service;                                  (xv)            
Improperly use support or complaint buttons or make falsereports to Company;                                (xvi)                    
   Use
or distribute “auto” software programs, “macro” softwareprograms or other “cheat utility” software program or applications;                             (xvii)                      
 Modify, reproduce, distribute, delete or create derivativeworks of the Service, Company Content or any other users’ User Content displayedin the Service, or any component of such data or information;                           (xviii)                      
 Solicit or attempt to solicit, and post, distribute orcommunicate any user’s personal information;                                (xix)                      
 Interfere with, hack into or decipher any transmissions toor from the servers running the Service;                                  (xx)      Exploit any bug in the Service or in any Company product toexploit it for commercial purposes.  Youwill not communicate the existence of any such bug (either directly or throughthe public posting) to any other user or third party but will use reasonableefforts to report to us;                                (xxi)                       Do anything that interferes with the ability of other usersto enjoy the Service or that materially increases the expense or difficulty ofCompany in maintaining the Service for the enjoyment of all its users;                             (xxii)                     
  Interfere or attempt to interfere with the properfunctioning of the Service or connect to or use the Service in any way notexpressly permitted by these Terms, including, without limitation, gainunauthorized access to any Company Content and other users’ User Content;                           (xxiii)                       
Use the Service in violation of these Terms, the PrivacyPolicy, or any applicable laws, rules or regulations, or do anything thatpromotes the violation of any applicable laws, rules or regulations; or                            (xxiv)                       Engage in any other conduct which the Company, in its soleand absolute discretion, deems to violate these Terms.(b)              If you encounter another user who is violating any of theitems described in the conduct list above, please email us at info@mediary.tech.5.           THIRD PARTY CONNECTIONSIf applicable, in using the Service,you consent to the disclosure and use of all of your User Content and otherinformation collected by us to any third party component that Companyincorporates into the Service, provided that Company will have appropriateagreements in place with such third parties, and any other third party that youidentify, subject to Company’s ability to reasonably interface with such thirdparty.  You are solely responsible forall User Content and acknowledge that Company cannot and does not oversee howthe Sponsor or any other third party that you authorize uses your User Contentor interacts with you.  You are solelyresponsible for any act or omission that you take in response to any interactionwith a third party.6.           CHANGES TO TERMSThe Company may, from time to time,modify, amend, or supplement these Terms and post the updated Terms in the Appand/or on the Site, provided that the Company will use reasonable efforts topost notice of the changes.  Suchmodifications or supplements shall be effective immediately upon posting in theApp or the Site, whether or not notice has been posted. You are responsible forperiodically checking the Service for changes to the Terms.  You can determine when the Terms were lastrevised by referring to the “Effective Date” legend at the bottom of theseTerms.  If you do not agree to be boundby (or cannot comply with) the Terms as modified or supplemented, you shouldstop using the Service.  Your continuedaccess and use of the Service constitutes your agreement to be bound by theTerms as modified.7.           DISCLAIMER OF WARRANTIESYOU EXPRESSLY AGREE THAT THE USE OFTHE APP, THE SITE, AND INTERNET ARE AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN “AS IS” AND “ASAVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS ORIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TOTHE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS ANDDOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMESOR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITYFOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  YOUR ACCESS AND USE OF THE SERVICE IS AT YOUROWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURCOMPUTER OR MOBILE DEVICE, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES THATRESULT (DIRECTLY OR INDIRECTLY) FROM SUCH ACCESS OR USE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONOF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THEABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.8.           LIMITATIONS OF LIABILITYTO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL COMPANY’S ORANY OF COMPANY'S AFFILIATE’S LIABILITY TO YOU IN RESPECT TO ANY ACT OR FAILURETO ACT IN RELATION TO THE SERVICE EXCEED THE HIGHER OF US$100 OR THE AMOUNTPAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE.  FURTHERMORE, IN NO CASE SHALL THE COMPANY ORTHE COMPANY AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSERESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE,GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOURACCESS AND USE OF THE SERVICE, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY,PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOTTHE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.  BECAUSE SOME JURISDICTIONSDO NOT ALLOW THE FOREGOING EXCLUSION OR THE LIMITATIONS OF LIABILITY FORCERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES'LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THECOMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT ORSERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. SPECIFICALLY, WE ARE NO LIABLE TO YOU FOR ANY DAMAGE CAUSED BY THEACTIONS OF ANY MEDICAL PROFESSIONAL OR ANY OTHER THIRD PARTY.9.           LINKSFor the convenience of our users,the Service may provide certain links to other applications, services andwebsites provided by third parties.  TheCompany is not responsible for the content of any other applications, servicesor websites linked to or from the Service. If you follow any such links, you leave the Service and you do soentirely at your own risk.  The Companyprovides links from the Service solely as a convenience to you and in no wayshould this be interpreted as a referral or endorsement of any content, sponsoror owner of any other applications, services and/or websites.  THE COMPANY DISCLAIMS ALL WARRANTIES,RESPONSIBILITIES, LIABILITIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED ASTO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY,OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS,SERVICES OR WEBSITES, AND FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANYSUCH THIRD PARTIES. 10.        GOVERNING LAWThe laws of the State of Delawareand the United States of America, without regard to conflicts of lawprovisions, will apply to all matters arising out of or in connection with theService and your access and use of the Service. By accessing and using the Service, you submit and consent to theexclusive jurisdiction of state and federal courts located in [county, state][1]  with respect to any dispute orcause of action (whether contractual or non-contractual) arising out of or inconnection with these Terms, the Privacy Policy, and/or your access and use ofthe Service.  In any action or proceedingto enforce the rights under these Terms, the prevailing party shall be entitledto recover their reasonable attorneys’ fees and costs.11.        INJUNCTIVE RELIEFYou acknowledge that the rightsgranted and obligations made under these Terms to the Company are of a uniqueand irreplaceable nature, the loss of which shall irreparably harm the Companyand cannot be replaced by monetary damages alone. To account for the inabilityof monetary damages to make the Company whole, the Company shall be entitled toinjunctive or other equitable relief (without the obligations of posting anybond or surety) in the event of any breach or anticipatory breach of by you.  To the fullest extent permitted underapplicable law, you irrevocably waive all rights to seek injunctive or otherequitable relief and agree to limit your claims to claims for money damages (ifany). 12.        VOID WHERE PROHIBITEDThe information provided through theService is not intended for distribution to or use by any person in anyjurisdiction or country where such distribution or use would be contrary to lawor regulation or that would subject the Company to any registration requirementwithin such jurisdiction or country.  TheCompany makes no representation or warranty that any material in the Service islawful in every jurisdiction from which such content can be accessed, or isavailable for use in all jurisdictions. THE SERVICE IS INTENDED FOR USE BY PERSONS AGE 18 OR OLDER.  BY ACCESSING AND USING THE SERVICE, YOUREPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER, AND THAT YOU AGREE TO AND TOABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THE PRIVACY POLICY ANDADDITIONAL TERMS.  EXCEPT AS OTHERWISESTATED IN THESE TERMS, IF YOU ARE UNDER THE AGE OF 18, THE COMPANY MAYIMMEDIATELY (WITHOUT NOTICE) TERMINATE THE LICENSES GRANTED UNDER THESE TERMSAND CANCEL YOUR ACCOUNT.13.        PRIVACY POLICYThe Company is committed torespecting your privacy and the confidentiality of your User Content.  The Privacy Policy sets out additional termson how the Company may collect, use, share and store your User Content andother information.  If you object to yourUser Content or other information being used in the way set out in the PrivacyPolicy, you should not access or use the Service.  14.        RESTRICTIONSThe Service may be subject tointernational rules that govern the export of software. You shall comply withall applicable international and national laws that apply to the Service aswell as end-user, end-use and destination restrictions issued by nationalgovernments.  The Company is making theService available to you on the condition that you certify that the use of theService is not otherwise in violation of any applicable export control andsanctions regulations.  15.        DIGITAL MILLENNIUM COPYRIGHT ACTPOLICYWe respect everyone’s intellectualproperty rights and do not want to misuse anyone else’s intellectualproperty.  If you have a good faithbelief that your intellectual property rights or the intellectual property rightsof a third party have been violated and you would like us to remove, edit, ordisable that content, please contact us and provide the following requiredinformation: (i) a description of the copyrighted work or other materials thatyou claim are being infringed, (ii) a description of the work or materials thatyou claim are infringing and needs to be removed, including where that work ormaterial can be found, (iii) your address, telephone number, and email addressso our Copyright Agent can contact you about the complaint, and (iv) a signedstatement that the information you submitted is accurate, that you have a goodfaith belief that use of the identified work or material is not authorized bythe copyright owner or its agents, and affirmation under the penalty of perjurythat you are the copyright owner or authorized to act on behalf of thecopyright owner.We will work to respond to eachproperly submitted complaint as quickly as we can, which response will includeremoving or disabling access to the work or material, if infringing.  Please understand that you may be subject topenalties if you submit a false claim.Please submit your by email toMediary’s Copyright Agent using the following contact information:Mediary, Inc.info@mediary.tech16.  MISCELLANE
OUSIf any provision of these Terms orthe Privacy Policy is held to be invalid or unenforceable, that provision willbe deemed to be restated to reflect as nearly as possible the originalintention in accordance with applicable law, and the remainder of the Termsand/or Privacy Policy will remain in full force and effect.  These Terms and the Privacy Policy constitutethe entire agreement between us with respect to the subject matter of theseTerms and Privacy Policy and supersede and replace all prior or contemporaneousunderstandings or agreements, written or oral, regarding such subjectmatter.  Any waiver of any provision ofthese Terms will be effective only if in writing and signed by the Company.  The failure of either party to assert anyright under these Terms shall not be considered a waiver of that party's rightand the Terms will remain in full force and effect.  In addition, these Terms and the PrivacyPolicy, including the Company’s enforcement of those policies, are not intendedto confer, and do not confer, any rights or remedies upon any third party.  You are not allowed to assign these Terms orany rights under these Terms.  TheCompany is allowed at its sole discretion to assign these Terms or any rightsunder these Terms to any third party, without giving prior notice to you.  Our licensors may be entitled to enforcethese Terms.  There are no other thirdparty beneficiaries to these Terms.If you have any questions,complaints, or comments regarding these Terms, or have other questions orsuggestions about the Service, please email us at info@mediary.tech. Effective Date: May 16, 2024What would be most convenient for you?