Terms of Service — Narwhalim

← Narwhalim Privacy Policy

These Terms of Service ("Terms") constitute a legally binding agreement between you and Narwhalim LLC ("Narwhalim," "we," "us," or "our") governing your access to and use of the Narwhalim platform and services ("Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

TABLE OF CONTENTS

1. Description of Service
2. Eligibility and Account Registration
3. Account Security and Responsibilities
4. Subscriptions and Payment
5. Data Disclaimer
6. Prohibited Use of Data
7. Intellectual Property
8. Acceptable Use
9. Termination and Suspension
10. Disclaimer of Warranties
11. Limitation of Liability
12. Dispute Resolution and Arbitration
13. Governing Law
14. Modifications to Terms
15. Miscellaneous
16. Contact

1. DESCRIPTION OF SERVICE

Narwhalim is a sales intelligence platform that helps digital health companies identify and qualify independent medical practices. Users can search and filter a database of medical practices by specialty, geography, provider count, EHR vendor, and independence status.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

To use the Services, you must be at least 18 years of age and have the legal authority to enter into a binding agreement. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

To access the Services, you must create an account by providing accurate and complete information, including your name, email address, company name, and job title. You agree to keep this information current and accurate.

3. ACCOUNT SECURITY AND RESPONSIBILITIES

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account. Narwhalim is not liable for any loss or damage arising from your failure to maintain account security.

You may not share your account credentials with others or allow others to access the Services through your account.

4. SUBSCRIPTIONS AND PAYMENT

The Services are offered on a subscription basis. Subscription fees, billing cycles, and plan details are presented at the time of purchase and may be updated from time to time. All fees are stated in U.S. dollars.

By providing a payment method, you authorize Narwhalim to charge you for the applicable subscription fees. Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date.

We reserve the right to change subscription pricing at any time. We will provide reasonable notice of any price changes before they take effect. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

All fees are non-refundable except as required by applicable law. At our sole discretion, we may issue pro-rata credits in exceptional circumstances.

If payment is not received by the due date, we reserve the right to suspend or terminate your access to the Services.

5. DATA DISCLAIMER

Data provided through the platform is derived from third-party sources and does not include personal health records or protected health information (PHI). Narwhalim LLC makes no representations or warranties regarding its accuracy, completeness, or timeliness. Users are solely responsible for independently verifying any information before relying on it.

6. PROHIBITED USE OF DATA

Users may not resell, redistribute, or sublicense the data accessed through the platform without prior written consent from Narwhalim LLC. Any unauthorized use of data obtained through the Services may result in immediate account termination and may subject you to legal liability.

7. INTELLECTUAL PROPERTY

The Services, including all software, algorithms, data compilations, designs, text, and other content, are owned by Narwhalim LLC and are protected by applicable intellectual property laws. These Terms do not grant you any ownership rights in the Services.

You retain ownership of any data or content you submit to the Services. By submitting such content, you grant Narwhalim a limited license to use it solely to provide and improve the Services.

8. ACCEPTABLE USE

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws or regulations;
• Attempt to gain unauthorized access to any part of the Services or any systems or networks connected to the Services;
• Scrape, crawl, or otherwise extract data from the Services by automated means without our prior written consent;
• Use the Services to transmit any harmful, fraudulent, or deceptive content;
• Interfere with or disrupt the integrity or performance of the Services;
• Reverse engineer, decompile, or disassemble any part of the Services.

9. TERMINATION AND SUSPENSION

You may cancel your account at any time by contacting us at [email protected]. Cancellation takes effect at the end of the current billing cycle, after which access to the Services will cease.

Narwhalim reserves the right to suspend or terminate your account at any time, with or without notice, if we reasonably determine that you have violated these Terms or that continued access poses a risk to the Services or other users. No refunds will be issued upon termination for cause.

Upon termination, your right to access the Services ceases immediately. Provisions of these Terms that by their nature should survive termination will survive, including but not limited to Sections 5, 6, 7, 10, 11, and 12.

10. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NARWHALIM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NARWHALIM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA MADE AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE OR COMPLETE.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NARWHALIM LLC'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

IN NO EVENT SHALL NARWHALIM LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. DISPUTE RESOLUTION AND ARBITRATION

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in New Castle County, Delaware. Each party shall bear its own arbitration costs and fees. Any claim must be brought within one year of the event giving rise to the claim.

Where litigation proceeds in court rather than arbitration, it shall take place exclusively in New Castle County, Delaware, and you consent to the personal jurisdiction of the courts located therein.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

13. GOVERNING LAW

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

14. MODIFICATIONS TO TERMS

Narwhalim reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or by sending you an email. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes.

15. MISCELLANEOUS

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

These Terms, together with the Privacy Policy available at https://www.narwhalim.com/privacy, constitute the entire agreement between you and Narwhalim LLC with respect to the Services and supersede all prior agreements and understandings.

Narwhalim's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16. CONTACT

If you have questions about these Terms, you may contact us at:

Narwhalim LLC
8 The Green, STE B
Dover, DE 19901
United States
[email protected]