Terms of Service

1. ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) govern access to and use of Immuniscan hardware devices, software, platforms, services, websites, and related offerings (collectively, the “Services”) provided by Immuniscan, Inc. (“Immuniscan,” “Company,” “we,” “us,” or “our”).

By purchasing, leasing, accessing, deploying, or using any Immuniscan device or service, whether directly or through an authorized reseller or partner, you (“Customer,” “You,” or “Your”) agree to be bound by these Terms.

If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, you may not use the Services.

2. NATURE OF THE SERVICES

2.1 Authorization Infrastructure

Immuniscan provides authorization infrastructure for animal movement, access, and regulatory compliance. The Services evaluate policy conditions and return authorization outcomes at the point of decision.

Immuniscan does not:

• Provide legal advice
• Issue official government certifications
• Replace regulatory authorities
• Guarantee acceptance by third parties

Authorization outcomes are advisory and enforcement-supportive, not determinative of legal rights.

2.2 No Medical or Veterinary Determinations

Immuniscan does not diagnose disease, certify health, or replace veterinary judgment. Health data used by the platform is supplied by authorized sources or customers.

3. ELIGIBILITY & AUTHORIZED USE

The Services are intended for professional, organizational, governmental, and regulated-environment use.

You agree to:

• Use the Services only for lawful and authorized purposes
• Comply with all applicable laws, regulations, and policies
• Ensure users operating devices are trained and authorized

Unauthorized use is strictly prohibited.

4. HARDWARE TERMS

4.1 Ownership & Leasing

Devices may be purchased or leased as specified in applicable order forms or agreements.

• Purchased devices remain Customer property
• Leased devices remain the property of Immuniscan or its financing partners

4.2 Device Restrictions

You may not:

• Modify, reverse engineer, or tamper with devices
• Disable security features
• Use devices outside authorized use cases
• Transfer devices without authorization

4.3 Loss, Theft, or Damage

Customers are responsible for devices in their possession. Immuniscan reserves the right to remotely disable lost or compromised devices.

5. SOFTWARE & PLATFORM ACCESS

5.1 License Grant

Subject to these Terms, Immuniscan grants a limited, non-exclusive, non-transferable license to use the software solely in connection with authorized devices and Services.

5.2 Updates & Modifications

Immuniscan may update software, firmware, or platform features to:

• Improve security
• Update policies
• Maintain compliance
• Enhance functionality

Some updates may be mandatory.

6. AUTHORIZATION DECISIONS

6.1 Nature of Authorization

Authorization outcomes are generated based on:

• Available data
• Configured policies
• Jurisdictional rules
• System conditions at the time of scan

6.2 No Guarantee of Acceptance

Immuniscan does not guarantee that an authorization outcome will be accepted by:

• Government agencies
• Transport operators
• Venues
• Third parties

Final authority rests with the enforcing entity.

7. OFFLINE OPERATION

Immuniscan devices may operate offline.

You acknowledge that:

• Offline authorizations rely on locally cached policies
• Data synchronization occurs when connectivity resumes
• Temporary discrepancies may occur until reconciliation completes

Offline operation does not waive audit or compliance obligations.

8. CUSTOMER RESPONSIBILITIES

Customers are responsible for:

• Accurate data input
• Policy configuration consistent with law
• Proper training of operators
• Maintaining device security
• Compliance with all applicable regulations

Immuniscan is not responsible for customer misconfiguration or misuse.

9. DATA & AUDIT LOGS

Authorization events are logged for:

• Compliance
• Audit
• Enforcement support
• Operational integrity

Customers acknowledge that:

• Logs may be retained per legal or contractual requirements
• Logs may be disclosed to authorities where required by law

10. FEES & PAYMENT

10.1 Fees

Fees may include:

• Device purchase or lease fees
• Authorization access fees
• Support or enterprise service fees

10.2 Payment Terms

Payment terms are defined in applicable order forms or agreements.

Non-payment may result in suspension or termination of Services.

11. INTELLECTUAL PROPERTY

All intellectual property rights in the Services, including hardware design, software, algorithms, and trademarks, remain the exclusive property of Immuniscan.

No rights are granted except as expressly stated.

12. CONFIDENTIALITY

Each party agrees to protect confidential information disclosed in connection with the Services and to use it only for authorized purposes.

13. SUSPENSION & TERMINATION

Immuniscan may suspend or terminate access if:

• These Terms are violated
• Use is unlawful or unauthorized
• Payment obligations are unmet
• Required by law or regulation

Termination does not relieve payment obligations.

14. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IMMUNISCAN DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IMMUNISCAN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• TOTAL LIABILITY SHALL NOT EXCEED FEES PAID IN THE PRECEDING TWELVE (12) MONTHS

Some jurisdictions may not allow certain limitations.

16. INDEMNIFICATION

Customer agrees to indemnify and hold harmless Immuniscan from claims arising from:

• Misuse of the Services
• Violation of law
• Unauthorized deployment
• Data supplied by Customer

17. GOVERNING LAW & DISPUTE RESOLUTION

Governing law and venue are defined in the applicable agreement or order form. Absent such agreement, governing law shall be determined by Immuniscan’s principal place of business.

18. FORCE MAJEURE

Neither party shall be liable for delays or failure due to events beyond reasonable control, including natural disasters, regulatory actions, or infrastructure failures.

19. CHANGES TO TERMS

Immuniscan may update these Terms periodically. Continued use constitutes acceptance of updated Terms.

20. CONTACT INFORMATION

Legal inquiries may be directed to: legal@immuniscan.com