TERMS & CONDITIONS. Diagnocat, Inc.
Diagnocat (may be reffered to as 'we','us','our', 'Diagnocat or the 'Company')
Customer is reffered to as " you"
You may use the Diagnocat software product (the "Product") if you are over the age of 18 and you are not forbidden by applicable legislation to receive such services.
You understand that by providing Data you acquire no rights in any publication, research or commercial products that may be developed by us or our collaborating partners. Particularly, you acknowledge that you will not receive any benefit for any publication or research resulting from the Data you have provided.
You acknowledge that any information provided by us to you is not intended for any independently analytical or diagnostic purposes nor is intended to treat any condition or disease or to ascertain the state of your health relating to the main anatomical areas (jaws, teeth, periapical space), in the absence of medical and clinical information. You understand that the Product is for information purposes only, and that while our information may indicate a diagnosis or possible treatment, it should always be confirmed and supplemented by additional medical testing and information.
The Product and any information provided by us in relation to the Product and data provided by you to us is for informational purposes only. We do not provide medical advice in any way.
Reports provided by us have not been clinically confirmed. You should always seek the advice of your doctor/dentist or other health care provider with any questions you may have regarding any diagnosis.
Unless otherwise agreed between you and Diagnocat, you agree not to display, distribute, publish, reproduce, duplicate, sell, modify, or transmit for any commercial purposes, all or any portion of the Product,
We own all legal right, title, and interest in and to the Product, including any intellectual property rights (including but not limited to patents). Additionally, you acknowledge and agree not to disclose any information which is deemed confidential under any agreement between you and Diagnocat and by your use of the Product without our prior written consent from Diagnocat.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations we have the right to suspend or terminate your account and refuse any and all current or future use of the Product (or any portion of it thereof) and you will defend and indemnify us and our affiliates against any liability, costs, or damages arising out of the breach of the representation.
PURPOSE OF THE PRODUCT
Diagnocat is an innovative software product based on artificial intelligence. It diagnoses various conditions and pathologies based on 122 attributes (norm, filling, crown, implant, periodontitis, etc.) It creates a template of a configurable dental report, automatically creating a panorama and cross-sections of areas of interest. Under each image, it generates a radiological description with a list of all detected findings
You will have the right to submit a request to download your data in its raw uninterrupted format. Within one month from the receipt of the request you will be notified by Diagnocat on whether your request suffice for the requirement to exercise the specific right. If Diagnocat cannot identify you, you may be requested to provide additional information necessary to confirm your identity. Upon approval of your submitted request you will receive your requested data.
We do not delete server back-ups that may include your deleted account Data but we can ensure that we do not use the data within the backup for any other purpose. In the case of server breakdown and restoring from back-up your deleted account Data, we will delete your Data.
COLLECTION OF INFORMATION
The daily information that shall be collected by Data Sources and Applications includes:
Personal Data — your personal information including name, last name, date of birth,
Diagnocat may collect daily information from data sources and applications and within 30 days of obtaining the data it will inform you that it has done so and the purpose for why it keeps your personal data in its system.
We respect your privacy. We will never sell, rent, or lease your contact information. We will not disclose your Personal information unless the law requires us to do so.
USE AND DISCLOSURE OF YOUR DATA
You acknowledge and agree that we have the right to monitor and research your image/data provided in the Product at any time and maintain copies documenting such monitoring, and research.
All results derive from using the data/image you provide. We have permanent access to this information in order to examine your data, and upon your consent to send you relevant notifications and to apply possible Product improvements and other changes.
We will not disclose or anyhow transfer your Personal Data to any third party, unless required by law or we have your express consent to do so.
MODIFICATIONS TO THE PRODUCT
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the Product features, and (ii) we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Product.
The software that you use may from time to time automatically download and install updates from the Product. These updates are designed to improve, enhance, and further develop the Product. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Product.
THE CONTENT OF THESE TERMS AND CONDITIONS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR DENTIST OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. RELIANCE ON ANY INFORMATION PROVIDED BY US, IS SOLELY AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS.
WE TAKE GREAT CARE TO PROTECT YOUR PRIVACY. HOWEVER, IF THERE IS A LOGIN OR PERSONAL DATA BREACH TO SOME THIRD-PARTIES, IT MAY BECOME POSSIBLE TO IDENTIFY YOU. IF THERE IS SUCH A CASE, DIAGNOCAT WILL TAKE THE NECESSARY STEPS TO MINIMIZE THE RISKS AS OUTLINED IN THE GDPR INCLUDING INFORMING THE AFFECTED INDIVIDUAL AND/OR INFORMING THE RELEVANT SUPERVISORY AUTHORITY
WE TAKE GREAT CARE TO PROTECT YOUR PRIVACY. YOUR DATA WILL BE CODED, IF THERE IS A BREACH, DIAGNOCAT WILL TAKE THE NECESSARY STEPS TO MINIMIZE THE RISKS AS OUTLINED IN THE GDPR INCLUDING INFORMING THE AFFECTED INDIVIDUAL AND/OR INFORMING THE RELEVANT SUPERVISORY AUTHORITY.
We use our best efforts to follow the most recent data protection standards. We take the security of your data very seriously. We will use commercially reasonable efforts to maintain the security of your data collected in connection with any of our products or services. Our systems and software are configured with security measures that ensure the secure operation and storage of your Data.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE PRODUCT ARE AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIAGNOCAT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) DIAGNOCAT MAKES NO WARRANTY THAT (a) THE PRODUCT WILL MEET YOUR REQUIREMENTS; (b) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCT WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIAGNOCAT OR THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. DAIGNOCAT DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE PRODUCT AND, THEREFORE, DIAGNOCAT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE PRODUCT.
LIMITATION OF LIABILITY
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DIAGNOCAT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIAGNOCAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PRODUCT; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE PRODUCT, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCT; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE PRODUCT BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCT.
You agree to defend and hold us, and our subsidiaries, affiliates, associated organizations, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of this Terms and Conditions you submit, your log in to the Product, your violation of the Terms and Conditions.
The failure of Diagnocat to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
CHANGES OF TERMS AND CONDITIONS
We may make changes to the Terms and Conditions from time to time. When these changes are made, we will make a new copy of the Terms and Conditions available on our website and any new additional terms will be made available to you.
SURVIVAL OF TERMS
Notwithstanding of the fact that you have deleted your account the following terms shall survive: SUMMARY, COLLECTION OF INFORMATION, USE AND DISCLOSURE OF YOUR DATA, MODIFICATIONS TO THE PRODUCT, RISKS, DISCOMFORTS AND INCONVENIENCES, COSTS, PRIVACY, CONFIDENTIALITY, DATA PROTECTION, DATA STORAGE, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNITY, WAIVER, CHANGES OF TERMS AND CONDITIONS, CONSENT.
I agree that I have read, abide and understood each paragraph contained in these Terms and Conditions and further agree to be legally bound by same.
I confirm that to the best of my knowledge I am not obliged by any local law of the country of my residence to store the Personal Data on the local territory.