Terms of Service

Last updated: April 8, 2026

1. Agreement

These Terms of Service ("Terms") govern your use of CloudEndo, a cloud-based medical imaging platform operated by ESS, Inc. ("CloudEndo," "we," "our"). By creating an account or using our services, you agree to these Terms.

2. Service Description

CloudEndo provides cloud-based medical image and video capture, archiving, viewing, reporting, streaming, and sharing services. The platform is available via web browser, mobile device, and desktop application.

3. Accounts and Access

You must provide accurate information when creating an account
You are responsible for maintaining the security of your account credentials
Each user must have their own account — shared accounts are not permitted
You must notify us immediately of any unauthorized access to your account

4. Your Data

You retain all ownership rights to your data, including clinical images, videos, reports, and patient records. We do not claim ownership of your content. We process and store your data solely to provide the services you have subscribed to.

5. Acceptable Use

You agree not to:

Use the service to store or transmit content that violates applicable laws
Attempt to gain unauthorized access to other accounts or systems
Interfere with or disrupt the service or its infrastructure
Reverse engineer, decompile, or attempt to extract source code
Use the service to compete with CloudEndo or build a similar product

6. Billing and Payment

Subscription fees are billed monthly or annually as selected
Free trials convert to paid subscriptions unless cancelled before the trial ends
Fees are non-refundable except as required by law
We may change pricing with 30 days' notice

7. HIPAA and Compliance

For customers handling Protected Health Information, a separate Business Associate Agreement (BAA) governs our obligations under HIPAA. The BAA supplements these Terms and controls in case of conflict regarding PHI handling.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. Scheduled maintenance windows will be communicated in advance when possible. Our liability for service interruptions is limited to service credits as described in any applicable Service Level Agreement.

9. Data Retention and Termination

You may export your data at any time through the platform
Upon account termination, your data is retained for a reasonable period to allow export
After the retention period, data is securely deleted in accordance with applicable regulations
We may terminate accounts that violate these Terms or fail to pay fees after reasonable notice

10. Limitation of Liability

CloudEndo is a technology platform and is not a medical device. It does not provide clinical diagnoses or medical advice. To the maximum extent permitted by law, our liability is limited to the fees paid by you in the 12 months preceding the claim.

11. Changes to Terms

We may update these Terms with 30 days' notice. Continued use after the effective date constitutes acceptance. Material changes will be communicated via email to account administrators.

12. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

Contact

For questions about these Terms, contact us at info@cloudendo.com.

ESS, Inc.
3 Fallsview Lane
Brewster, NY 10509