Terms of Service

Effective Date:
September 30, 2025

Introduction

Welcome to BeSound, where we are focused on developing more affordable and more efficient technologies to detect cancers earlier in women, including women with dense breasts whose breast cancers are often missed by other imaging technologies.

BeSound, Inc. (“BeSound,” “we,” “our,” or “us”) owns and operates the BeSound website available at www.besoundbreast.com the BeSound mobile application, and the BeSound patient portal (collectively, the “Site”). These Terms of Service (the “Terms”) govern your use of the Site, including all materials, data, information, and content available through it, and certain services described in these Terms.

Please also review our Privacy Policy, which these Terms incorporate by reference. The Patient Services Agreement will supplement these Terms if you elect to receive imaging and related professional services from BeSound and its provider partners.

Important: These Terms limit the remedies available to you in the event of certain disputes and contain a mandatory arbitration provision. See Section XII.

By clicking “I Accept,” “I Agree,” or similar, or by accessing or using the Site, you confirm that you:

  1. Have read, understood, and agree to comply with these Terms.
  2. Are of legal age to form a binding contract with us.
  3. Have the authority to enter into these Terms.

If you do not agree, you may not use the Site.

You can contact us at people@besoundbreast.com with any questions.

1. Your Relationship with BeSound

BeSound is not a healthcare provider and does not offer medical advice, diagnosis, treatment, or any form of medical care through our Site. All materials and information provided are strictly for general informational purposes and are not substitutes for professional medical advice.

Always consult a licensed healthcare professional before making healthcare decisions. The Site is not intended for use in emergencies. If you think you may be experiencing a medical emergency, call 911 immediately.

2. Account Registration and Security

You may register for a user account to access certain services. When registering, you agree to:

  • Provide accurate and up-to-date information.
  • Safeguard your username and password.
  • Notify us immediately at people@besoundbreast.com if you suspect unauthorized use.

You are responsible for all activities on your account. We may disable any account at our discretion.

3. Prohibited Uses

You may only use the Site for lawful purposes. You agree not to:

  • Violate any applicable law or regulation.
  • Exploit or harm minors.
  • Upload or share harmful, offensive, defamatory, or illegal material.
  • Send spam, chain letters, or promotional material.
  • Impersonate BeSound, employees, or other users.
  • Infringe intellectual property or privacy rights.
  • Misrepresent affiliation with BeSound.
  • Interfere with Site operations, including hacking, phishing, spreading malware, or denial-of-service attacks.
  • Use automated tools (bots, spiders) to scrape or copy Site content without consent.

4. Ownership and License

All rights, title, and interest in the Site and its content are owned by BeSound. You may not copy, distribute, modify, or exploit the Site or its content without written permission.

We grant you a limited, non-transferable, non-commercial license to access and use the Site, provided you comply with these Terms.

5. User Content and Feedback

By submitting any content (data, comments, feedback, etc.) you confirm that:

  • You have rights to the content.
  • It does not violate third-party rights or laws.
  • It is not confidential.

You grant BeSound a transferable, sublicensable license to use, reproduce, modify, analyze, distribute, and display your content for business, research, and service improvement purposes.

6. Linked Services; Third Party Materials

The Site may contain links or access to third-party materials. BeSound does not control or endorse these and is not responsible for their accuracy, safety, or legality. Your use of third-party materials is at your own risk.

7. Termination

BeSound may suspend or terminate your access at any time without notice if you violate these Terms. Certain obligations (e.g., intellectual property, indemnification, limitations of liability) will survive termination.

8. No Warranties

The Site is provided “as is” and “as available.” BeSound and its affiliates make no warranties regarding accuracy, reliability, security, or fitness for purpose. You use the Site at your own risk.

9. Limitation of Liability

To the fullest extent permitted by law, BeSound and its affiliates shall not be liable for indirect, incidental, consequential, punitive, or special damages, including lost profits, data, or personal injury.

Total liability shall not exceed $1,000.

10. Indemnification

You agree to indemnify and hold BeSound and its affiliates harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Site.
  • Your User Content.
  • Your violation of these Terms or applicable law.

11. Governing Law; Dispute Resolution; Arbitration

  • These Terms are governed by the laws of Delaware, USA.
  • Most disputes will be resolved by binding arbitration under the American Arbitration Association (AAA).
  • Class actions are not permitted.
  • Small claims court disputes are excluded from mandatory arbitration.

12. International Users

The Site is operated from the United States. If you access it from outside the U.S., you are responsible for compliance with local laws.

13. Severability

If any provision of these Terms is unenforceable, the remaining provisions will remain valid.

14. Changes to the Terms

We may revise these Terms at any time. Continued use of the Site after changes means you accept the new Terms.

15. Changes to the Site

BeSound may modify, suspend, or discontinue any part of the Site at any time without liability.

16. Miscellaneous

  • No waiver: Failure to enforce a right does not waive it.
  • No agency: These Terms do not create a partnership or employment relationship.
  • Remedies: We may seek equitable relief if you violate these Terms.
  • Assignment: You may not transfer your rights. BeSound may assign its rights without notice.
  • California users: You waive California Civil Code §1542 regarding unknown claims.
  • Entire Agreement: These Terms constitute the full agreement between you and BeSound.

17. Contact

If you have questions about these Terms, contact us at: people@besoundbreast.com