Terms of Service

Last update: 20. November 2023

Radiobotics ApS (the “Company”), doing business as Radiobotics, is a Danish startup company with a focus on developing algorithms for hospitals to automate reading of X-rays of bone and joints. Throughout the website - www.radiobotics.com (the “Platform” or “Site”), as well as all related products or the Demo Platform (demonstration platform to test data on our products), and other services provided by us (collectively, the “Service”) the terms “we”, “us” and “our” refer to Radiobotics. These Terms of Service (the "Terms") govern your access to and use of the Radiobotics Services, products and solutions, as defined below. These Terms set out the rights and obligations of all users regarding the use of the Platform. This Agreement applies to all visitors, users and others who access or use the Platform. Please read them carefully before using the Services. If You disagree with any part of this Agreement, then you may not access the Platform.By using the Services, you agree to the terms of the Agreement. If you are using the Services on behalf of an organization, you are agreeing to the Agreement on behalf of that organization and representing that you have the authority to bind that organization to the Agreement. In that case, "you" and "your" will refer to that organization. Radiobotics and you are each a “Party” to the Agreement.You may use the Services only in accordance with the Agreement. You may use the Services only if you have the legal power and capacity to form a contract with Radiobotics. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.Radiobotics reserves the right to modify the Terms at any time, posting any updates on the Website. Your access or use of the Services after the notice is posted indicates acceptance of those changes.

1. MEDICAL DISCLAIMER
Please read this Medical Disclaimer before applying any of the information on the website or the Demo Platform. You are responsible for your own health and safety at all times. By visiting and using our Platform you agree to the following: Radiobotics acting as a Platform does not provide any sort of medical advice. This Platform is not a digital hospital, smart clinic, medical device or medical professional. We do not provide any kind of advice and we are definitely NOT engaged in rendering medical or similar professional services via this Platform. Any questions about your health or healthcare should be addressed by a physician or other professional who has been trained in providing such services as part of their job responsibilities. This Platform is not a substitute for professional medical advice, diagnosis or treatment. Never ignore professional medical advice in seeking treatment because of something you have read online on our platform or elsewhere. If you think you may have a medical emergency, immediately call your doctor. This Platform may contain general information relating to various healthcare conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. Patients should always consult with a doctor or other healthcare professional for medical advice or information about diagnosis and treatment. All the material provided on the Site, such as text, treatments, outcomes, charts, graphics, photographs, images, advice, messages, and any other material provided on the site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

2. USING RADIOBOTICS - YOUR COMMITMENTS
To ensure good functioning, and in exchange for such services, we require that you commit to the following, notably when accessing and using our Platform and Services:You must be a human. Use of the Platform by “bots” is not permitted. You agree to these Terms and the Privacy Policy as an individual, or for your company, if You are using our Platform as a single entity. If you send us any question, comment, suggestion, enhancement, idea, and other information regarding Platform, we will be entitled to use and disclose them without any restriction, whether commercial or not, free-of-charge. You must use Platform fairly, in accordance with this Agreement, applicable laws and regulations, including intellectual and industrial property laws. Platform may contain elements, materials and content copyrighted and/or protected by patent and/or intellectual property laws. Platform, trademarks, designs, models, images, texts, photos, logos, graphic charts, software and programs, databases, sounds, videos, domain names, designs or any other element composing the application, with the exception of your accounts, are the exclusive property of Radiobotics and are protected by any intellectual or industrial property right recognized by the laws in force. Consequently, Radiobotics cannot be held liable for the sole fact of the use of our services by you. You should not use the Platform in violation of this Agreement, applicable laws and/or third party rights. If you do, we can communicate all the necessary information to the competent services in charge of the repression of offenses. Radiobotics is not obligated to take any action against you or any other system user or other third party for violating this Agreement, but we are free to take any such action it sees fit. 

Use of the Platform (specifically the demo platform) is for demonstration purposes only and for internal use only. You are not allowed to publish the output results in any public, news, academic, commercial, competitive, comparitative or other way without explicit prior written approval from Radiobotics.

3. YOUR DATA
"Your Data" means any data and content stored or transmitted via the Services by you. Nothing in the Agreement will restrict Radiobotics from collecting, using and analyzing general information and data from its customers (including you) in an aggregated manner for purposes of improving and enhancing the quality and nature of Services, or to market or publish general information and statistics, provided that Radiobotics does not specifically identify you or disclose publicly any personally identifiable information in the course of collecting, using, analyzing, marketing or publishing that information or data. Additional information about what we do with Your Data and how we collect and use other information relating to you and your use of the Services is explained in our Privacy Policy.Radiobotics will implement appropriate technical and organizational measures designed to protect Your Data in accordance with “Applicable Data Protection Laws”, which mean the relevant data protection and data privacy laws, rules and regulations to which the Customer Personal Data are subject. “Applicable Data Protections Law(s)” shall include, but not be limited to, the General Data Protection Regulation (EU 2016/679) (the “GDPR”) and the California Consumer Privacy Act of 2018 (“CCPA”).

4. DO NOT SHARE RADIOBOTICS CONTENT
Information and content accessible through the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share any information or content unless you have the right to do so. You, not Radiobotics, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services, or use the Services to spam others.The analyses, outputs and records obtained on this site must not be published or used for any activities or research purposes without Radiobotics consent. You acknowledge that, as between you and Radiobotics, Radiobotics owns and retains all rights, title and interest in the Intellectual Property Rights in the Services. You own and retain all rights, title, and interest in the Intellectual Property Rights in Your Data (Personal Information). “Intellectual Property Rights” means: (i) copyrights and other rights associated with works of authorship; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms, utility models, and other industrial property rights, and all improvements thereto; and (v) all registrations, applications, renewals, extensions, continuations, divisions, or reissues now or in the future.

5. GRANT OF THE LICENSE
Subject to the Terms of this Agreement, Radiobotics hereby grants you the limited, revocable, personal, non-exclusive, and non-transferable right to access the website solely for the use of the Radiobotics Service.

6. LICENSE RESTRICTIONS
You may not and agree not to or enable others to modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Website; You may not and agree not to or enable others to create any derivative works from all or any portion of the Website and you may not reverse engineer, extract, decompile, disassemble, or otherwise attempt to discover the source code of the Website;You may not and agree not to or enable others to use the Website in the operation of any business or any other equipment;You may not and agree not to or enable others to remove or obscure Company's copyright or trademark notices, or the copyright and trademark notices of any third parties that Radiobotics has included in the Website;You may not use the contents built in the Website in any way that allows others to download, extract, or redistribute the contents as a standalone file (meaning just the content itself);You may not use the contents built in the Website in electronic or digital templates intended for resale or other distribution;You may not export the contents built in the Website or distribute the contents; andYou may not and agree not to or enable others to use the Website in any manner that is illegal or not allowed by this Agreement.

7. WEBSITE UPDATES
Radiobotics may provide User with Website Updates from time to time at no charge during the Term of this Agreement. For the purposes hereof, "Update" means a new version of the Website containing technical modifications, updated information, altered functionality, or any other changes that are intended by Company to improve or to add, delete or otherwise modify any aspect of the Website. "Content Update" shall mean an update of the content used by the Website that might need to be updated from time to time. 

8. RISK OF EXPOSURE
You understand and agree that using/sharing content online involves risks of unauthorized disclosure or exposure and that, in submitting your content, data to or transmitting it through the system, you assume these risks. Radiobotics offers no representation, warranty, or guarantee that your data will not be exposed or disclosed through the System or through errors or the actions of third parties.It is important to be aware of the risks that subsist on the internet and how to minimize them:Exposure to inappropriate materialIllegal activitiesHarassmentLegal and financial risksIdentity theftCyberattackInvasion of privacyData breachScams 

9. CYBERSECURITY AND ONLINE PLATFORM DISCLAIMER

Cyber Security is defined as technologies, processes, procedures and controls that are designed to protect Digital Environments from Cyber Security Incidents;
Cyber Security Incident is defined as the loss or unauthorized destruction, alteration, disclosure of, access to, or control of a Digital Environment;
Digital Environment is information technology systems, operational technology systems, networks, internet-enabled applications or devices and the data contained within such systems.

Radiobotics has implemented administrative, physical and technical safeguards to protect Client’s Personal information. We shall ensure that all such safeguards, including the manner in which Personal Information is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws, as well as the terms and conditions of this Agreement. 

You understand and agree that sharing content online involves risks of unauthorized disclosure or exposure and that, in submitting your content to or transmitting it through the system, you assume the risks.

Radiobotics is not liable, and you agree not to hold us responsible for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
- Your use of or your inability to use our website or website services;
- Delays or disruptions in our website or Website services;
- Viruses or other malicious website incurred by accessing, or linking to our website or Website services;
- Glitches, bugs, errors, or inaccuracies of any kind in our website or Website services;
- Damage to your hardware device from the use of the Website or Website services;
- The content, actions, or inactions of third parties’ use of the Website or Website services.

10. INFORMATION SECURITY EXPERTS
a)
We regularly consult with our developers and experts if and when urgent issues arise with the Platform or if there are scheduled feature releases or upgrades.
b) Our cloud hosting provider will only be asked to access the data in the event the Platform is down or is experiencing server issues.
c) We may consult with security experts to ensure continuous Platform safety and compliance.

11. CYBERATTACK DISCLAIMER
A cyberattack is where an attacker tries to gain unauthorized access to an IT system for the purpose of theft, extortion, disruption or other nefarious reasons.Normally, a cyberattack is carried out by someone who is not, or was not, a member of the organization.

Radiobotics strives to protect Customers against Cyberattacks. We have implemented our system with security experts and we use industry best practices security measures to protect our users.

While Radiobotics takes many measures to ensure security, we are not liable for any Cyberattack, damage, or loss on the World Wide Web. You expressly agree and acknowledge that the use of the Radiobotics Platform is at your sole risk. In no event will Radiobotics, Radiobotics professionals or their officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use data or other intangible losses arising out of or related to your use of the Platform and/or Service.

11.1 TYPES OF CYBERATTACKS FOR WHICH WE TAKE NO RESPONSIBILITY:
- Network security attacks
- Wireless security attacks
- Malware attacks
- Social engineering attacks

It’s important to note that no system is 100% vulnerability free or “hacker-proof”.

12. HARM TO YOUR DEVICES
You understand and agree that you use, access, download, or otherwise obtain information, materials, assessments, results or data through the Platform or any of the other services or any third-party site at your own discretion and risk and that you will be solely responsible for any damage to your property (including your devices) or loss of data that results from the download or use of such material or data.

13. TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the website. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Term or of any applicable law or regulation. You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to Your Data that is stored with the Service. 

14. WARRANTIES
Radiobotics warrants that: (i) it will perform the Services under the good commercial practices; (ii) it will provide the Services in a professional manner, consistent with recognized industry security standards; (iii) it will comply with all applicable law, and be duly licensed and otherwise authorized to provide the Services; and (iv) it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement.You warrant that it has the authority and right to enter into the Agreement and to observe and perform its respective obligations contained in the Agreement.With the exception of those express warranties made in this section, to the maximum extent permitted by law, Radiobotics disclaims all warranties whether express, implied or statutory.

15. INDEMNIFICATION
You will defend and hold us and our affiliates, employees, officers, directors, agents, successors and assigns, harmless at your own expense, against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) Your Data; (ii) your violation of any third party rights (including third party intellectual property rights or privacy rights); and (iii) your use of the Services in any way contrary to the Agreement.

16. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will Radiobotics, its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether Radiobotics has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. The limitation of liability provided in this paragraph will apply in the aggregate to you and your affiliates and shall not be cumulative. The parties acknowledge and agree that the purpose of this paragraph is to provide for the allocation of risk and limit potential liability.Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for personal injury caused by our negligence or wilful misconduct.

17. MODIFICATIONS
We may revise these Terms from time to time and the most current version will always be posted on our website. We will notify you of any change (for example, via email to the email address associated with your account or by a notification when you sign in or by some other method). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, simply don't use the Services after the change is effective, in which case the change will not apply to you.

18. GOVERNING LAW
This Agreement will be governed by the laws of Denmark, without giving effect to the principles of conflict of law. The use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence, Radiobotics and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Denmark, which means that you may make a claim to defend your consumer protection rights in regards to these conditions of use in Denmark, or in the EU-country in which you reside. 

19. SEVERABILITY
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

CONTACT INFORMATION
Questions about this agreement should be sent to us at info@radiobotics.com

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