CVisionRad Software (Service) Terms of Use

Edited 01.08.2024

Please read the following Terms carefully before starting any use of the CVisionRad Software (the “Service”). Service Terms of Use are an integral part of the CVisionRad Software License Agreement and contain provisions governing Your relationship with CVisionLab LLC regarding the use of the Service. If you disagree with any of the provisions of these Terms, you must not use the Service. Actual use of the Service constitutes your acceptance of all provisions of these Terms of Use and your consent to the fact that they are legally binding.
DEFINITIONS USED IN THESE TERMS
This section explains the definitions used in these Terms. Other definitions are used in these Terms in the meaning that is defined in the CVisionRad Software License Agreement.
«You, yours», etc. - a person with whom a CVisionRad Software License Agreement has been concluded, including its employees and other persons who are allowed to use the Service on the basis of the same Agreement.
«Agreement» - a CVisionRad Software License Agreement containing a reference to these Terms, which You have entered into in order to use the Service.
SERVICE ACCESS PROCEDURE
To access the Service, you need to ensure the availability of the necessary operable equipment and an Internet connection.
The supplementary software required to access the Service is installed on the equipment, the required configuration of the local network and firewall for accessing the Internet and connecting the client part to the Service is done by You independently following the instructions and (or) briefings provided. You can also use the Technical Support services pursuant to the Agreement and these Terms.
To configure the Service, You need to provide CVisionLab LLC with technical details about your PACS software and DICOM protocol settings.
Using this information, an account (s) will be created for You to access the Service. CVisionLab LLC reserves the right to refuse to create an account using the provided information, if it is considered unreliable, violating legal requirements or contradicting common moral standards and norms. The credentials for accessing the Service (access token) will be sent to You by CVisionLab LLC. You are solely responsible for the security and confidentiality of Your credentials from the moment they are transferred to You.
In order to update or change Your credentials, add, block or delete accounts, You need to contact CVisionLab LLC in any way provided for by the Agreement or these Terms.
You are responsible for all actions (omission) committed using the credentials and account transferred to You, as for Your own, including cases of Your transfer of these data to third parties, whether intentional or not.
In case of breach of the confidentiality of Your credentials, You must immediately notify CVisionLab LLC in any way provided for by the Agreement or these Terms.
The account (s) remains active during the entire license term.
TECHNICAL SUPPORT
Technical support for end users (first line support) is provided by the Licensee, with whom the end user has entered into an agreement to provide the right to use the Service, under the terms provided by the agreement between the end user and the Licensee.
CVisionLab LLC, for an additional fee, may provide the Licensee with Technical support (second line support) in the form of information and consulting support on the functioning of the Service if it is impossible for the Licensee to resolve the end user's request.
Licensee can apply for Technical Support by e-mail or by phone using the contact details specified in the Agreement. You can also use the following contact details: Telegram bot t.me/cvision_support_bot. Phone calls for Technical Support are accepted from 9:00 to 18:00 UTC +3 (Moscow Time), except Saturdays, Sundays and public holidays.
In order to provide technical support, CVisionLab LLC is entitled to request from You the information necessary to handle the request.
The Technical Support response is provided to Licensee within 8 working hours after receiving the request and the information necessary to handle it.
SERVICE INTEGRATION
CVisionLab LLC, for an additional fee, may provide the Licensee with Service Integration services. As part of the Service Integration, CVisionLab LLC provides integration of CVisionRad software with the end user’s local PACS.
The list of activities carried out by CVisionLab LLC within the framework of the Service Integration, the order and timing of their performing, as well as interactions with the Licensee and the end user are determined by the additional agreement to the Agreement.
RULES AND RESTRICTIONS
You must not use the Service in any way or for any purpose if such use contradicts or results in a violation of these Terms, the Agreement or legal requirements.
You must not take actions (make omissions) that may result in malfunction of the Service, impediments to its use by other users, unauthorized access to the Service, as well as computing and network resources of CVisionLab LLC and third parties engaged to perform the Agreement, or cause damage to third parties.
You cannot, without the consent of CVisionLab LLC: 1). make changes to the software components of the Service, including for the purpose of their operation on Your equipment or to correct errors and malfunctions; 2). study, research or test the operation of the Service in order to determine the ideas and principles underlying any of its components, derive the source code, convert the object code into source text (decompile) and (or) disassemble the software components of the Service (reverse engineering); 4). make and (or) distribute copies of the software components of the Service.
You undertake to ensure the availability and operability of the necessary equipment for the operation of the components of the Service, the legality of access to such equipment, the timely and proper maintenance of such equipment, the availability of the required software and the legality of its use, as well as the Internet connection.
You undertake to ensure the legal grounds for obtaining any information and data processed using the Service, including the legitimacy of obtaining CT scan or radiography images and other information related to them and to the identity of the person whose CT scan or radiography images are sent for examination by the Service, obtaining the necessary consents from individuals and legal entities, competent authorities, compliance with the requirements for the protection of medical secrecy, the privacy of a citizen and processing personal data.
In case of receiving warnings from CVisionLab LLC regarding possible or committed violations of the terms of the Agreement and these Terms, you must take the necessary measures to prevent or address them within the period specified in such warning.
You undertake to notify CVisionLab LLC about all errors and malfunctions in the Service immediately after they have been discovered. You must not knowingly exploit errors and malfunctions in the Service or allow to exploit them from the moment they are discovered. If it is impossible to avoid exploiting errors and malfunctions in any other way, you must stop using the Service until you receive further instructions from CVisionLab LLC.
WARRANTY AND LIABILITY TERMS
The Service and additional services are provided "as is", which means that the Licensor does not guarantee that they will meet the Licensee's expectations, be suitable for any purpose of use other than that specified in the Agreement and compatible with any software and hardware, methods or manner of use other than those explicitly declared by the Licensor. Use of the Service means the Licensee's approval of the functionality, capabilities and features of the Service.
In case of discovery of errors or malfunctions in the Service, CVisionLab LLC undertakes to take troubleshooting measures as soon as possible. You are aware that exact timing of troubleshooting cannot be determined due to the peculiarities and complexity of the operation of the Service components and the principles of their operation and may not depend on the actions of CVisionLab LLC.
You are aware that the Service operates subject to restrictions related to the updating and modification of the Service by CVisionLab LLC, in particular, to improve the operation of the Service and the compliance of the Service with legal requirements, as well as the terms of engagement with third parties engaged to perform the Agreement.
No information obtained using the Service shall, under any circumstances, be construed as medical recommendation, advice, or prescription. CVisionLab LLC does not provide medical services under the Agreement or in connection with it. Any medical recommendations, advice or prescriptions on the basis of information obtained using the Service can only be given by a qualified medical professional or medical organization based on their special knowledge, qualifications and experience.
Under no circumstances will CVisionLab LLC be liable for any medical recommendations, prescriptions, recipes, etc., based on information obtained using the Service, regardless of by whom such recommendations, prescriptions, and recipes are given. You will always remain responsible for any use of information obtained using the Service, including in medical practice, and for any risks associated with its use, which You hereby undertakes to reasonably consider. Under no circumstances can any information obtained using the Service be considered as medical advice or recommendation. CVisionLab LLC is not liable for any harm, damage, other losses associated with the use or refusal to use information obtained using the Service by You or any other person.
CVisionLab LLC is not able to control and does not control the data You provide for processing and the content of information obtained as a result of their processing, does not know and cannot know whether they or the fact of their transfer and processing by the Service infringe any rights and legally protected interests of third parties or violate legal requirements.
You are always responsible for the legality of: 1). access to the equipment used to operate the Service; 2). receiving information processed using the Service and its content; 3). use and dissemination of data obtained by You through the Service.
CVisionLab LLC reserves the right to block Your account (s), suspend the provision of Technical Support, delete any processed data or the results of their processing, or suspend their processing at its choice, without prior notice and compensation for any losses caused by such actions, in following cases: 1). receipt of a mandatory requirement, order of authorities or officials, including court judgements and orders; 2). receiving appeals from third parties regarding infringement of their rights in connection with Your use of the Service; 3) if there is reason to believe that the Service was used by You involving violation of legal requirements or infringement of the rights of third parties; 4). repeated or fundamental breach of the Agreement or Terms of Use; 5). upon expiry of the license term.
COPYRIGHT AND TRADEMARKS
The Service is an intellectual property, the copyright holder of which is CVisionLab LLC (TIN 6154572672, PSRN 1116154005604, with principal office at Svobody 10-A, Taganrog, 347923, Rostov region, Russia).
Granting the right to use the Service does not mean granting You the rights to use trademarks (service marks) or other means of individualization owned by CVisionLab LLC and third parties engaged to perform the Agreement.
Service operation algorithms and the source code of its components are a trade secret owned by CVisionLab LLC. When using the Service, you must comply with the trade secret handling procedure set out in these Terms, the Agreement and the Non-Disclosure Agreement, if any.