Terms of Service

Last Updated: January 2025 · Version 1.0

These Terms of Service ("Terms") govern your access to and use of the Ananda Analytics platform ("Platform") provided by Ananda Devices, Inc. ("Ananda," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform.

These Terms constitute a legally binding agreement between you (and the organization you represent) and Ananda Devices, Inc.

2. Eligibility

You must meet the following requirements to use the Platform:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Represent an organization authorized to use the Platform
  • Comply with all applicable laws and regulations

If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Types and Roles

3.1 Account Hierarchy

The Platform operates with three organizational tiers:

  • Ananda Administrators: Manage the entire platform, partners, and clients
  • Partner Organizations: Create and manage client organizations and orders
  • Client Organizations: Upload videos, manage projects, and access analysis results

3.2 User Roles

Each organization may have multiple users with varying permission levels. Users are responsible for understanding their role and accessing only authorized features.

4. Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Ensuring the accuracy of information you provide
  • Notifying us immediately of any unauthorized access
  • Compliance with all applicable laws and regulations
  • Ensuring your users comply with these Terms

You must not share your account credentials or allow unauthorized persons to access your account.

5. Prohibited Uses

You agree not to:

  • Use the Platform for any illegal or unauthorized purpose
  • Violate any laws, regulations, or third-party rights
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to the Platform or other users' data
  • Interfere with or disrupt the Platform's operation
  • Reverse engineer, decompile, or disassemble any part of the Platform
  • Remove or alter any copyright, trademark, or proprietary notices
  • Use the Platform to compete with Ananda or develop competing products
  • Misrepresent your identity or affiliation
  • Harass, abuse, or harm other users

6. Service Description

6.1 Platform Services

The Platform provides video analysis services for neuroscience research, including:

  • Video upload and storage
  • Automated analysis using proprietary algorithms
  • Results visualization and data export
  • Order and device management
  • Delivery and training scheduling
  • Project and experiment organization

6.2 Credits System

Analysis services operate on a credit-based system. Credits are allocated per device/plate and consumed when videos are processed. Credit allocation and pricing are determined by your agreement with your partner organization or Ananda.

6.3 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. We may suspend service for maintenance, updates, or emergencies with reasonable notice when possible.

7. Orders and Payment

Orders are created by partner organizations on behalf of client organizations. Payment terms are established between partners and clients. Ananda invoices partners for fulfilled orders. Clients are responsible for payment obligations to their partner organization.

8. Intellectual Property

8.1 Ananda's Rights

Ananda retains all rights, title, and interest in:

  • The Platform and its underlying technology
  • Proprietary algorithms and analysis methods
  • Trademarks, logos, and branding
  • Platform documentation and materials
  • Improvements and derivatives of our technology

8.2 Your Rights

You retain all rights to:

  • Research data you upload (videos)
  • Analysis results generated from your data
  • Your organization's proprietary information

8.3 License Grant

You grant Ananda a limited, non-exclusive, worldwide license to use, process, and store your uploaded data solely for the purpose of providing the Platform services. We do not claim ownership of your research data.

9. Data Security and Privacy

We implement industry-standard security measures to protect your data. However, no system is completely secure. You acknowledge that:

  • Internet transmission is never 100% secure
  • You use the Platform at your own risk
  • You are responsible for implementing appropriate security measures for your sensitive data
  • You should maintain backups of critical research data

For detailed information about data handling, see our Privacy Policy.

10. Regulatory Compliance

10.1 HIPAA Compatibility

The Platform architecture is HIPAA-compatible. However, full HIPAA compliance is your responsibility. You must:

  • Execute a Business Associate Agreement (BAA) if handling PHI
  • Implement required administrative, physical, and technical safeguards
  • Conduct risk assessments
  • Maintain audit logs
  • Train your staff on HIPAA requirements

10.2 Research Compliance

If conducting regulated research, you are responsible for obtaining necessary approvals (IRB, ethics committees) and complying with applicable regulations (21 CFR Part 11, GLP, GCP).

11. Warranties and Disclaimers

11.1 Limited Warranty

We warrant that the Platform will perform substantially in accordance with its documentation under normal use.

11.2 Disclaimers

Except as expressly stated, the Platform is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of accuracy, reliability, or completeness of results
  • Warranties that the service will be error-free or uninterrupted
  • Warranties regarding third-party services or content

The Platform is a research tool. Results are not intended for diagnostic, clinical, or medical use. You are responsible for validating and interpreting all results.

12. Limitation of Liability

To the maximum extent permitted by law:

  • Ananda's total liability shall not exceed the fees paid by you (or your partner organization) in the 12 months preceding the claim
  • Ananda shall not be liable for indirect, incidental, special, consequential, or punitive damages
  • This includes damages for lost profits, data loss, research delays, or business interruption
  • These limitations apply regardless of the legal theory (contract, tort, strict liability)

Some jurisdictions do not allow limitations on implied warranties or liability for incidental damages, so these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Ananda, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Platform
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your uploaded content or data
  • Your negligence or willful misconduct

14. Term and Termination

14.1 Term

These Terms remain in effect while you use the Platform.

14.2 Termination by You

You may terminate your account at any time by contacting us. You remain responsible for all fees incurred prior to termination.

14.3 Termination by Ananda

We may suspend or terminate your access immediately if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activity
  • Pose a security risk
  • Fail to pay applicable fees

14.4 Effect of Termination

Upon termination:

  • Your access to the Platform will cease
  • You may export your data within 30 days
  • We may delete your data after the retention period
  • Provisions that should survive (IP, liability, disputes) will continue

15. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes:

  • By email to your registered address
  • Through a prominent notice on the Platform
  • At least 30 days before changes take effect

Your continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Platform.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law principles.

16.2 Dispute Resolution

Before filing a claim, you agree to contact us to attempt informal resolution. If unresolved within 60 days:

  • Disputes will be resolved through binding arbitration in Boston, Massachusetts
  • Arbitration will be conducted under the American Arbitration Association rules
  • Each party bears its own costs unless awarded otherwise
  • You waive the right to participate in class actions

16.3 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or confidentiality breaches.

17. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any order agreements, constitute the entire agreement between you and Ananda.

Severability: If any provision is found invalid, the remaining provisions remain in effect.

Waiver: Failure to enforce any right does not constitute a waiver.

Assignment: You may not assign these Terms without our consent. We may assign to affiliates or in connection with a merger or sale.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

Export Compliance: You agree to comply with all export control laws.

18. Contact Information

For questions about these Terms, contact us.