END USER AGREEMENT
The terms and conditions of this end user agreement apply to your use of the Client and the Services.
Rad2Share B.V. provides an anonymization and communications service called “Rad2Share” through our website (Rad2Share.com), our software client and through access to User Generated Content. This is collectively called the Website, Client and User Generated Content. The intended users of our services are healthcare professionals.
Our Services were analyzed for compliance with the Dutch implementation of the GDPR (“AVG”). You are responsible for ensuring that your use of the Services complies with the laws of your country of residence and that you act according to the professional standards as set by your department, hospital, healthcare institution and national standards. You assume the risks (including indemnity under Section 4.4) associated to the use of the Services and the use of any materials that you provide.
BY REGISTERING OR CREATING AN ACCOUNT ON THE WEBSITE OR USING THE SERVICES INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND RAD2SHARE B.V.
YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS.
- In this end user agreement, the following terms shall have the meanings set out below unless the context requires otherwise:
You/Your: You, the user of the Client and/or the Services
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.
Client: The Client Software provided by Rad2Share that you purchase, download, use or intend to use;
Account: Your account created through the Website;
Services: All services made available by Rad2Share, including but not limited to, services accessed through the Client, Website and storage of User Generated Content on Rad2Share’s servers;
Rad2Share: Rad2Share B.V., Zilvermeeuw 1, 7609 PP Almelo
the Netherlands, is the company that offers and/or provide the Client and/or the Services or another company that uses this end user agreement;
User Generated Content: Communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you post or otherwise make available on or through the Client or the Services or store on the same;
Anonymization Policy: When submitting images through the Rad2Share Client or our Webservices the User has to remove all personally identifying information or any other information that can be used to identify an individual. See also Appendix A.
2.1 Your use of the Client and the Services is subject to the terms and conditions in this end user agreement. If you have not accepted this end user agreement, you accept it either by using the Client or the Services or by accessing the Website or any parts thereof. This use and/or accessing implies your consent to and acceptance of this end user agreement. If you do not accept this end user agreement unconditionally and in full, do not install, use or access the Client, Website or the Services and immediately delete the Client should you have already installed it.
2.2 Rad2Share is entitled to amend or change this end user agreement from time to time. If you do not accept such amendments, you will notify Rad2Share in writing within four weeks after the date on which you have been informed of the amendments. Following the notification, Rad2Share may, in its sole discretion, decide to terminate the agreement with you (and reimburse you proportionally should you have paid a fee for a term that is not yet finished) or to continue such agreement under the unamended earlier version. If you do not notify Rad2Share timely of your non-acceptance, you will be unconditionally bound to the amended end user agreement.
3 Account registration
3.1 The Services are available worldwide but currently not for the following countries: Cuba, Syria, Sudan, Libya, Iran, Myanmar and North Korea.
3.2 By establishing an account, you represent that you are an adult healthcare professional.
3.2.1 Our Services are NOT intended to be used by minors. If a child under 13 submits personal information to Rad2Share and we learn that such information is of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at email@example.com.
3.3 If you are a consumer you are not allowed to use the Client, Website or the Services and you must immediately terminate use and delete the Client.
3.4 To register, you must provide your name, a username, your email address and a password. This is the Registration Data.
3.5 You represent and warrant:
(i) The Registration Data that you provide about yourself is true, accurate, current, and complete;
(ii) You are at least 18 years of age; and
(iii) You will maintain and update the Registration Data to keep it true, accurate, up to date and complete.
(iv) You authorize Rad2Share B.V to confirm the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not up to date or incomplete, or if Rad2Share B.V. has reasonable grounds to suspect that such information is untrue, inaccurate, not up to date or incomplete, Rad2Share B.V. has the right to suspend or terminate your Account and refuse any and all current or future use of the Services.
3.6 SUBSCRIPTION/USAGE FEES.
- Professional account
- This account provides access and use of our Services as stipulated in this end user agreement for 1 user for 1 year.
- The fee is 49,- euro per year
- Basic account
- This account provides access and use of our services with limitations.
- Limited storage of user Generated Content, i.e. 5 uploads to Rad2Share.com
- Limited use of anonymization in the Client, i.e. 3 exports per day
- The fee is 0,- euro per year
- Trial account
- This account provides the same access and user level as the professional license
- Limited period of use of 3 months after registration
- After this the account will be automatically set to a basic account and the maximum number of cases (i.e. User Generated Content) will also be limited to 5 uploads to the website
4.1 Rad2Share is a tool intended to facilitate professional discussion and education through the anonymization of medical images. It is not intended to serve the following needs:
- As a diagnostic service or second opinion;
- As a confirmatory service to provide certainty in diagnosis;
- To select, guide, or promote therapy of medical conditions;
- For use in hazardous or mission-critical circumstances or for uses requiring fail-safe performance;
- Or in situations where failure could lead to death or personal injury (collectively, “unauthorized purposes”).
Because Rad2Share has not been designed, intended, or authorized for such unauthorized purposes, you will not use the Website, Services, or Client for such purposes or under such circumstances. You also acknowledge that the use of Rad2Share’s Website, Services, or Client for such purposes may constitute a violation of laws applicable to the practice of medicine or other health profession(s) in your country or is in conflict with the regulations as set by your department, hospital or national regulatory board.
4.2 Anonymization Policy
Your adherence to the Anonymization Policy while using the Client for Users is mandatory. See also Appendix A
4.2.1 Legal obligations
Your usage of Rad2Share has to comply with the laws of your country of residence and according to the professional standards as set by your department, hospital, healthcare institution and national standards.
4.3.1 We do not assume any responsibility for your use or misuse of Patient Information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the Website, Services, Client, or User Generated Content.
4.3.2 We reserve the right to amend or delete any User Generated Content (along with the right to revoke any membership or restrict access to the Website, Services, Client or User Generated Content) that we determine, in our sole discretion, violates the intended use of Rad2Share as an anonymization service. We further do not assume any responsibility to make any determinations regarding your subsequent reporting or notification obligations arising from any use or misuse of Patient Information or other information; these determinations and your actions in response to such determinations remain your sole responsibility.
Your representations, warranties, and obligations in this section survive termination of these Terms.
4.4 License of User Generated Content.
4.4.1 Rad2Share does not claim any license or ownership of User Generated Content. We only audit User Generated Content to make sure it complies with our Anonymization Policy for Users and Rad2Share’s intended use.
5.1 The Client and any software used to deliver the Services are licensed. They are not sold, assigned or transferred. Rad2Share grants you a personal, non-exclusive license to install and use the Client and the Services as provided by or on behalf of Rad2Share, as set forth in this end user agreement. All rights to use the Client and the Services are limited to professional use.
5.2 The rights granted herein are subject to your continuous compliance with this end user agreement. Without prejudice to any other rights and remedies Rad2Share may have hereunder, any non-compliance gives Rad2Share the right to refuse you further use of the Client and/or the Services.
5.3 The license is limited to the intellectual property rights of Rad2Share and its licensors in the Client and does not include any other rights.
5.4 All rights not expressly granted to you herein are reserved by Rad2Share. Rad2Share retains all its rights, titles and interest in and to the Client and the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof.
5.5 Unless insofar expressly authorized by mandatory applicable legislation, you will not, without prior written consent from Rad2Share or as set forth herein otherwise:
- commercially exploit the Client or the Services other than using it as it clearly is intended;
- distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Client and the Services, any copies thereof, or any passwords or usernames of the Client and the Services,
(iii) copy, reproduce or distribute the Client in any manner or medium, in whole or in part, or decompile, disassemble, or reverse engineer the Client by any means whatsoever;
(iv) make the Client publicly available or available on a network for use or download by multiple users;
(v) use or install the Client (or permit others to do same) on a network, for on-line use,
(vi) remove, alter, or obscure any product identification, copyright, intellectual property, author attributions, legal notices or other labels of the origin or source in the Client,
(vii) alter, modify, enhance, or create a derivative work of the Client.
6 Warranties, liability and indemnity
6.1 Your use of the Client and the Services is at your own account and risk. You are responsible for any and all use of the Client and the Services, as well as for the integrity of the password and other identifying means in respect of your Account. You shall keep your username and password secure and not allow anyone else to use your username or password to access the Client or the Services.
6.2 Rad2Share is neither responsible nor liable for any loss that results from the unauthorized use, with or without your knowledge, of your username, password and/or other identifying means.
6.3 You agree and warrant that your use of the Client and Services, and your User Generated Content, will not infringe upon any and all rights of third parties, including but not limited to intellectual property rights, moral rights and privacy rights and, more specific, that such use will always be in conformity with all applicable laws and regulations and with the professional standards in respect of data protection and confidentiality.
6.4 You hereby agree to defend, indemnify and hold harmless Rad2Share and the parties involved by Rad2Share for providing the Client and the Services to you from and against all damage, claims, costs, charges and expenses (including attorneys’ fees) arising out of your use of the Client and the Services.
6.5 You must notify Rad2Share immediately in the event you become aware of any access to or usage of the Client and the Services of User Generated Content by third parties under your Account that you did not authorize, or any other possible breach in security.
6.6 Rad2Share cannot guarantee that the Client and the Services will always be available or will always work without any interruptions, errors or defects, or that the information provided on the Client and the Services is complete, correct and/or up-to-date.
6.7 The Client and the Services are provided to you ‘as is’ and might contain defects. They are provided without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. Rad2Share, Rad2Share’s licensors and affiliated parties do not make, and disclaim, any and all express or implied warranties, including implied warranties of condition, error-free or uninterrupted use, accuracy of data, merchantability, compatibility, interoperability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or that any errors or defects in the Client and/or the Services will be corrected.
6.8 Rad2Share at all times has the right, but can never be obliged, to update, to upgrade and/or to adapt the Client and/or the Services, to change or remove data or information stored on the Client or the Services.
6.9 Rad2Share may agree to maintain certain service levels. Demanding fulfillment of Rad2Share’s obligations out of such further agreement shall be your only right and remedy in the event of an error, defect, unavailability or other technical shortcoming of the Client and/or the Services.
6.10 Rad2Share, Rad2Share’s licensors or affiliated parties will not be liable for any special, incidental, consequential or exemplary damages, including but not limited to loss of opportunity or lost profits, loss of goodwill, property damage, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, or other damage or losses from any causes of action, arising out of or related to the License or the Client or the Services, including the possession, access, use or malfunction of the Client or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Rad2Share, Rad2Share’s Licensors or affiliated parties have been advised of the possibility of such damages.
6.11 In no event shall Rad2Share, Rad2Share’s licensors’ or and affiliated parties’ total liability exceed the actual price paid by you for the use of the Client and Services. In the event you pay a recurring users fee, such liability is limited to the fee in respect of the period in which the cause of the liability occurred. Only in the event of gross negligent or willful misconduct of Rad2Share’s management team, no limitation to Rad2Share’s liability shall apply. The limitation of liability in this clause applies for all of Rad2Share’s and the other parties’ liability regardless of its origin. It applies to contractual as well as to non-contractual liability.
7 Term and termination
7.1 Unless set out otherwise by Rad2Share, the term of your License shall commence on the date that you start to download, install or otherwise use the Client and/or Services, and shall end on the earlier of:
(i) the date that the term set by Rad2Share terminates and
(ii) the date that you dispose of the Client and/or Services,
(iii) Your attempt to circumvent any technical protection measures used in connection with the Client and/or Services;
(iv) Your use of the Client and/or Services in breach of this end user agreement otherwise; or
(v) Rad2Share’s termination of the License.
7.2 Without limiting Rad2Share’s statutory rights to terminate or Rad2Share’s other rights and remedies, Rad2Share is authorized to suspend the fulfilment of the obligations or to dissolve the License with you without incurring any liability for compensation in the event:
- a) That you fail to fulfil your obligations to Rad2Share, whether partly or in full;
- b) Rad2Share finds out you do not use the Client and/or the Services in accordance with professional standards;
- c) Rad2Share receives complaints in respect of your use of the Client and/or the Services;
- d) That Rad2Share becomes aware of circumstances that constitute valid grounds to expect that you will not timely fulfil your total obligations;
- e) That you were requested to furnish security for the fulfilment of your obligations to Rad2Share and this security is not adequately furnished;
- f) Of circumstances whose nature precludes that Rad2Share can be required to fulfil its obligations according to standards of reasonableness and fairness, or in the event of other circumstances whose nature precludes that Rad2Share may be reasonably expected to maintain its obligations without alteration.
7.3 In case Rad2Share determines that complaints in respect of your behavior are incorrect or should not lead to further suspension of your use of the Client and/or the Services, Rad2Share shall allow you to continue the Client and the Services. Under no circumstances Rad2Share shall become liable in any way if false complaints or wrong judgment of your behavior, leads to suspension of your use of the Client and/or the Services.
7.4 Promptly upon termination, you must cease all use of the Client and Services and remove and destroy all copies of the Client in your possession or control.
9 Survival and severability
9.1 Any provisions in this end user agreement, which by their nature extend beyond the termination or expiration of any license under this end user agreement, will remain in effect after such termination.
9.2 If any provision of this end user agreement is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. In case of any such invalid provisions, Rad2Share will replace such invalid provisions.
10 Questions and suggestions
10.1 Should you have any questions or suggestions concerning your use of the Client, the Services or this end user agreement. You can contact Rad2Share via info@Rad2Share.com
11 Governing law and competent court
11.1 This end user agreement is governed by and construed in accordance with the laws of the Netherlands.
11.2 The provisions of the United Nations Convention on the International Sale of Goods shall not apply to this Agreement.
11.3 Any disputes regarding this end user agreement and/or the use of the Client or the Services that cannot be settled amicably will be submitted to the relevant court in the Netherlands.
12.1 This version of the end user agreement is dated March 15st, 2019.
Anonymization Policy for Users
When submitting images through the Rad2Share Client or our Webservices the User has to remove all personally identifying information or any other information that can be used to identify an individual. This includes, but is not limited to, the following:
- Geographical locations
- Any dates related to an individual
- Contact data
- Social security or insurance numbers
- Medical record numbers
- Biometric date, like finger and voice prints
- Full face photographic images and any comparable images
- Identifiable scars, tattoos, piercings etc.
- Any other unique identifying number, characteristic, or code.
The User agrees and states that they have removed all identifying information and that User does not have actual knowledge that the Images could be used alone or in combination with other information to identify an individual who is the subject of the information.