This Terms of Service agreement ("Agreement") is a legal agreement between Lucus Labs, LLC
the owning company of the product Samaritan (herein referred to as "Lucus Labs", "Samaritan", "Symbient", "us", or "we") and the entity or person ("you", "your",
or "user") who registered on the Samaritan website to receive certain artificial intelligence capabilities, technologies, related analytics services, and other business
services that may be offered by Samaritan and its affiliates (each a "Service", collectively the "Services"). This Agreement describes the terms and
conditions that apply to your use of the Services. Any capitalized term used and not otherwise defined herein has the meaning assigned to it in the
If you do not understand any of the terms of this Agreement, please contact us
before using the Services.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
This Agreement provides a general description of the Services that Samaritan may provide to you, including those that allow you to provide artificial intelligence ("A.I.")
products, services, or related technologies to users of your products, services, or websites (e.g., your "Customers").
Acceptance of Terms of Service and amendments
Each time you use or cause access to this website or any system that integrates with it, you agree to be bound by these Terms of Service ("TOS"), as amended from
time to time with or without notice to you. In addition, if you are using a particular Service on this website or accessed via the Services, you will be subject
to any rules or guidelines applicable to those Services, and they will be incorporated by reference within these Terms of Service. Please read this site's
This website and the Services provided to you on and via this website are provided on an "AS IS" basis. You agree that Lucus Labs, owner of the product Samaritan,
reserves the right to modify or discontinue provisions of this website and its Services, and to remove the data you provide, either temporarily or permanently,
at any time, without notice and without any liability towards you. Lucus Labs will not be held responsible or liable for timeliness, removal of information,
failure to store information, inaccuracy of information, or improper delivery of information.
Your responsibilities and registration obligations
In order to use this website, certain parts of it, or any additional Samaritan Services, including but not limited to any chatbots embedded in other websites that
integrate with and rely on Samaritan for providing A.I. services, you may be required to register for a user account on this website. In this case, you
agree to provide truthful information when requested, and, if a minimum age is required for eligibility for a user account, you undertake that you are at least the
required age. By registering for a user account, you explicitly agree to this site's Terms of Service, including any amendments made by Samaritan that are published
Services and Samaritan Account Support
We will provide you with support to resolve general issues relating to your Samaritan Account and your use of the Services. This support includes resources and documentation that we make available
to you through the current versions of Samaritan, and other pages on our website (collectively, "Documentation"). The most efficient way to get answers to your questions is to review our Documentation.
If you still have questions after reviewing the Documentation, please contact us.
Service Requirements, Limitations and Restrictions
Compliance with Applicable Laws: You must use the Services in a lawful manner, and must obey all laws, rules, and regulations ("Laws") applicable to your use of the
Services. As applicable, this may include compliance with domestic and international Laws related to the use or provision of technologies, notifications, consumer protection, unfair
competition, privacy, false advertising, and any other Laws relevant to the usage of Services.
Other Restricted Activities: You may not use the Services to facilitate illegal, fraudulent, misleading, misinformation, or other types of actions that cause the
Services to produce information or other content that may not be accurate or may be confusing to users of the Services. While we take every action to prevent our AI from "hallucinating",
there may be situations where our AI generates misleading information on its own. This is not done intentionally, and should be reported to Lucus Labs if found.
Suspicion of Unauthorized or Illegal Use
We may refuse, condition, or suspend any accounts we believe: (i) may violate this Agreement or other agreements you may have with Samaritan; (ii) are unauthorized, fraudulent or
illegal; or (iii) expose you, Samaritan, Lucus Labs, or others to risks deemed unacceptable by Lucus Labs. If we suspect or know that you are using or have used the Services for unauthorized,
fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate institutions, regulatory authorities, or law enforcement agencies consistent
with our legal obligations. This information may include information about you, your Samaritan Account, your Customers, and your or your Customers' interactions with the Services.
Disclosures and Notices; Electronic Signature Consent
Consent to Electronic Disclosures and Notices: By registering for a Samaritan Account, you agree that such registration constitutes your electronic signature, and
you consent to electronic provision of all disclosures and notices from Samaritan ("Notices"), including those required by Law. You also agree that your electronic consent will have
the same legal effect as a physical signature.
Methods of Delivery: You agree that Samaritan can provide Notices regarding the Services to you through our website or through the Dashboard (as defined below), or
by emailing Notices to the email address(es) identified in your Samaritan Account. Notices may include notifications about your Samaritan Account, changes to the Services,
or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy.
We will consider a Notice to have been received by you within twenty-four (24) hours of the time a Notice is either posted to our website or emailed to you.
Requirements for Delivery: It should come as no surprise to you that you will need a computer or mobile device, Internet connectivity, and an updated browser to
access your Samaritan Dashboard and to review the Notices provided to you. If you are having problems viewing or accessing any Notices, please contact us
and we can find other means of delivery.
Withdrawing Consent: Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of Notices.
However, you may choose to withdraw your consent to receive Notices electronically by terminating your Samaritan Account at any time.
Term and Termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Samaritan. You may
terminate this Agreement by closing your Samaritan Account at any time. If you use the Services again or register for another Samaritan Account, you are consenting to this Agreement.
We may terminate this Agreement or close your Samaritan Account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the
goodwill of our Services or business) by providing you Notice. We may suspend your Samaritan Account and your ability to integrate your products and/or websites with your
Samaritan Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud, misuse, or abuse of
the Samaritan Servicess; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law, Lucus Labs or other
Samaritan affiliate requires us to do so; or (iv) we are otherwise entitled to do so under this Agreement. Termination of your Samaritan Account will result in the disconnection
of your website and/or products that integrate with Samaritan, therefore resulting in loss of service to your Customers that rely on and/or pay for access to these websites and/or products
that are made possible in whole or in part by Samaritan technologies and functionality.
Effects of Termination: Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) completely
remove or otherwise disable all integrations between your websites and/or products and Samaritan, and (ii) immediately remove all Samaritan logos from your website. Your continued
or renewed use of the Services after a termination of your Samaritan Account serves to renew your consent to the terms of this Agreement.
In addition, upon termination you understand and agree that (i) all licenses granted to you by Samaritan under this Agreement will end; (ii) subject to Section 5, we reserve the
right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or
damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us
for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.
In the event we or you choose to terminate your Samaritan Account before your billing cycle has ended, you understand that any pre-payments will be repaid to you based on a pro-rated
amount from the difference from the date of termination until the end of the current billing cycle.
Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account
and/or user name, whether authorized or not authorized by you. You agree to immediately notify Samaritan of any unauthorized use of your
user account, user name, or password. Please see our Password Policy for more information.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other
materials ("Content"), made available publicly or privately, will be under the sole responsibility of the person providing the said Content,
or of the person whose user account is used. You agree that Samaritan may expose you to content that may be objectionable or offensive.
Samaritan will not be responsible to you in any way for content displayed on this website or in any of its Services, nor for any error
By using this website or any Services provided, you explicitly agree that:
you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening;
harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic;
designed to interfere with or disrupt the operation of this website or any Service provided; infected with a virus or other
destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable
local, national or international law;
you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to
conceal or misrepresent the origin of any Content provided by you;
you will not collect or harvest any information about other users;
you will not provide, and you will not use this website or Services to provide, any content or service in any commercial manner, or in
any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising
or commerce; you will not use this website or Services to promote or operate any service or content without Samaritan's prior written consent;
you will not provide any content that may give rise to Samaritan being held civilly or criminally liable, or that may be considered
a violation of any local, national or international law, including, but not limited to, laws relating to copyrights, trademarks,
patents, or trade secrets.
Submission of content on this website
By providing any content to this website or any Samaritan Services:
you agree to grant Samaritan a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights
or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate,
and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media,
technology already known at the time of provision or developed subsequently;
you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Samaritan the license
specified in this section;
you acknowledge and agree that Samaritan will have the right (but not obligation), at Samaritan's entire discretion, to refuse to
publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
Goods and services of third parties may be advertised and/or may be made available on or through this website or Services. Representations made
regarding products and services provided by third parties will be governed by the policies and representations made by these third parties.
Samaritan will not in any manner be liable for or responsible for any of your dealings or interaction between you and third parties.
You agree to indemnify and hold harmless Samaritan, Lucus Labs, and Lucus Labs' representatives, subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable
legal fees, that may be filed by any third party, arising out of your conduct or connection with this website or Services, your provision of
Content, your violation of these Terms of Service, or any other violation by you of the rights of another person or party.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES
AND CONTENT ARE PROVIDED TO YOU "AS IS", AND SAMARITAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SAMARITAN MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER SAMARITAN NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND
AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT SAMARITAN WILL NOT BE
HELD LIABLE IN ANY WAY.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, AND CERTAIN STATEMENTS IN THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AS
REGARDS IMPLIED WARRANTIES; THE OTHER TERMS AND CONDITIONS REMAIN ENFORCEABLE NOTWITHSTANDING.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAMARITAN AND LUCUS LABS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAMARITAN
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (III) ANY UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA AND/OR TRANSMISSIONS, OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO OR THROUGH
THE SITE OR SERVICES, (V) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, (VI) ANY OTHER MATTER RELATING TO
SERVICES, (VII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VIII)
ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE, (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, WHETHER BASED ON WARRANTY,
DESPITE THE ABOVE, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST US WILL AT ALL TIMES BE LIMITED TO NO MORE THAN ONE
HUNDRED DOLLARS USD ($100.00).
IN SOME JURISDICTIONS, IT IS NOT PERMITTED TO LIMIT LIABILITY AND, THEREFORE, SUCH LIMITATIONS MAY NOT APPLY TO YOU.
Reservation of rights
Lucus Labs reserves all of Samaritan's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any
other proprietary right that Samaritan may have in respect of this website, its content, and goods and services that may be provided. The use
of Samaritan's rights and property requires Lucus Labs' prior written consent. By making services available to you, Lucus Labs is not providing
you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website or provided services
without Lucus Labs' prior written consent.
Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual
property rights, Samaritan's copyright agent may be contacted via our contact page.
You agree that these Terms of Service and any dispute arising out of your use of this website or products or Services provided will be governed
by and construed in accordance with local laws applicable at Samaritan's domicile, notwithstanding any differences between the said applicable
legislation and legislation in force at your location. By registering for a User Account on this website, or by using this website and the Services
it provides, you accept that jurisdiction is granted to the courts having jurisdiction over Lucus Labs' domicile, and that any disputes will be heard
by the said courts.
(i) In the event that any provision of these Terms of Service is deemed to conflict with legislation by a court with jurisdiction over the parties,
the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of
these Terms of Service will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of Service will not
be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause
in respect of this website or its Services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be
forever barred, without regard to any contrary legislation; (iv) Lucus Labs may assign Samaritan's rights and obligations under these Terms of Service.
In this event, Samaritan will be relieved of any further obligation.