Terms and Conditions
Last updated: 13.12.2023
Please be aware that your current usage of this
software is intended for testing purposes (Investigation use only). At the
moment, we do not encourage nor endorse its utilisation in clinical environments.
We recommend that you exclusively operate with
publicly accessible imaging datasets and refrain from uploading actual patient
information for the time being. If, however, you choose to do so, by using
Mediq, you acknowledge that you bear full responsibility for compliance with
applicable laws. You must only submit images to Mediq if you have obtained all
required rights and permissions to do so, including, but not limited to,
patient consents, if and wherever necessary according to applicable laws.
The Mediq software's results are not intended to
serve as medical advice under any circumstances. The software is only aimed at
supporting medical professionals and should never be used as a substitute for
professional medical advice and diagnosis. The Software is to be used only
according to the intended use, by trained professionals. Users are solely
responsible for the correctness of their report as well as for all diagnostic
or treatment decisions. Synaptiq disclaims any and all liability in case of misdiagnosis
and mistreatment of any patients using Mediq.
Mediq (or
the “Software”) is a software intended
to aid radiotherapists/radiation oncologists and expert technicians in the
accelerated and precise segmentation of target volumes and OARs for cancer
patients in the radiotherapy clinics.
Mediq is the
property of SYNAPTIQ TECHNOLOGIES S.R.L. (“Synaptiq”, “we”,“us” or “The
Company”). SYNAPTIQ TECHNOLOGIES S.R.L. is a company registered in Romania,
headquartered in Sebeș, Str. G. Schweighofer, Nr. 11, Alba County CIF.
44220431. All content of this Software
is owned and controlled by Synaptiq and is protected by worldwide copyright
laws.
Synaptiq is
a company that develops AI software for the automation and improvement of
imaging processes in the medical field. We design, develop and train novel Deep
Neural Network models that learn to accurately delineate organs at risk from
all major cancer sites, given CT and MRI scans. Our algorithms provide
state-of-the-art performance by leveraging the most recent results in
representation learning, transformer modules, and self-supervised
Pre-training.
By accessing
or using this Software, you acknowledge that you have read, understood and
agreed to these Terms and Conditions (or “Terms”), which constitute a legally binding
agreement between you, as a User, and Synaptiq. If you do not accept the Terms
stated here, we request you to not use the Software.
Except as
expressly provided in these Terms and Conditions, you have no ownership or other rights
in or to the information, and you will not use, copy, or display the
information contained on the Software. Without first obtaining our written
permission, no other use beyond those provided for in these Terms and Conditions is
allowed. We may change these Terms and Conditions at any time without prior notice. You
may read a current, effective copy of these Terms and Conditions at any time by
selecting the “Terms and Conditions” link on our Software. Any use of the Software
after such date constitutes your acceptance of the current Terms and Conditions. If any
change to these Terms and Conditions is not acceptable to you, we request you to cease
accessing and using the Software.
The results
obtained through Mediq do not constitute medical advice and are not intended to
be relied upon as the basis for any prevention, diagnosis, treatment, or other
clinical decision-making. The healthcare professionals may consider or
disregard the information provided by the Software. Healthcare professionals
are urged to independently review the basis for the information generated in
the Software and must use their own independent judgment in making any clinical
decision regarding an individual patient. Synaptiq does not take responsibility
for the content or accuracy of the images or contouring or any referenced
pieces of evidence, nor for any decision made by any healthcare professional
based on the information contained herein.
Access and Use. User Responsibilities
By
registering, you agree that all data you upload is automatically encrypted upon
input and then stored into the Synaptiq databases. You further agree and
undertake to only enter information that is accurate, and which was obtained
lawfully, and to strictly follow the instructions for use of the Software in
order for it to work in optimal parameters.
We reserve
the right to, at any time, temporarily or permanently, modify or discontinue
any features associated with the Software with or without notice and for any
reason, including performing maintenance, repairs or upgrades. We (and our
licensors) remain the sole owner of all rights, title, and interest in the
Software. We will not be liable if for any reason all or any part of the
Software Are unavailable at any time or for any period.
You, as a
User, are obliged to use the Software exclusively in accordance with the
contractual conditions and are not allowed to transfer it to third parties or
to allow third parties access to it.
The Mediq
Software is a standalone software application accessed via a browser on a
personal computer, tablet, or phone. In case of connection to the Software with
a screen of a phone or a tablet, the user must choose the option for the
desktop site of his communication device. The Mediq software is intended to be
used by radiation oncologists to assist them in the process of contouring
cancerous tumors and their associated organs-at-risk. The main function of this
software, like any other Computer-aided detection (CAD) software that assists
doctors in the interpretation of medical images, is to offer segmentation of
target volume and organs at risk (OARs). Simply defined, it works by taking a
computed tomography (CT) or an magnetic resonance imaging (MRI) produced
dataset as an input and providing a segmented version of the same dataset as an
output.
Mediq is
intended to aid radiotherapists/radiation oncologists and expert technicians in
the accelerated and precise segmentation of target volumes and OARs for cancer
patients in radiotherapy clinics.
The main
function of this software is to offer segmentation of target volume and organs
at risk (OARs), but the decision to accept or reject the segmentation should
always be made by radiation oncologists and expert technicians.
Users may
only upload images and use the Software within the scope of his/her/their
professional activity.
The Software
is not intended to replace clinical decisions, provide medical advice, or
support any particular radiation plans, treatment plans or provide diagnosis.
Users are
responsible for the content of all information published, transmitted or
otherwise disclosed through the Software.
Users are
responsible to use the Software according to the instructions of use provided.
Users commit
to using the Software in strict accordance with these Terms. To further
clarify, Users agree to the stipulations below:
●
Users will not
bypass any technological safeguards set by us to regulate access to the
Software, including, but not limited to, uploading corrupted, incoherent, or
tampered DICOM files, exploiting application errors, installing custom software
or other techniques to purposefully restrict application communication with the
servers.
●
Users are
prohibited from using the Software, or encouraging others to do so, for
creating or modifying any program that mirrors the functionalities offered by
our software, or by using any of the public APIs in a different environment
than the official web application.
●
Users will not
disassemble, decompile, alter, adapt, or in any other manner attempt to derive
the source code, functionalities, or features of the software or any part
thereof.
●
Proprietary
markings in the software must be left intact. Users are forbidden from
modifying, appropriating, or claiming these markings as their own.
●
The rights granted
under these Terms are exclusive to the User and cannot be resold, sublicensed,
transferred, or otherwise distributed.
●
Users explicitly
agree that they shall not share, transfer, disclose any of the resulting data,
or otherwise provide access to the software to any third-party, individual,
organization, or entity without obtaining the explicit written consent of
Synaptiq. Synaptiq reserves the right to grant or deny such consent at its sole
discretion.
●
Users are obligated
to acquire all necessary permissions to use any Personal Data and must do so
legally.
●
Engaging in or
promoting any illegal activities through the software is strictly prohibited.
Users can
request to delete their account without giving any reason and may cease the use
of Mediq by e-mailing us at office@synaptiq.io.
Synaptiq is
entitled to terminate or block access to any account with immediate effect, in
cases such as if Users violate these Terms or any applicable law, if Users fail
to remedy a material breach that can be remedied upon notification within a
reasonable period of time or to protect Synaptiq’s business, commercial or
professional interest. Synaptiq retains full discretion to make such decisions
and does not have to provide any explanation to its users.
“Intellectual
Property Right(s)” means all patents, rights to inventions, copyright and
related rights, trademarks, trade names, domain names, rights in computer
software and databases, know-how, look and feel, and any other intellectual
property rights or rights of a similar nature, in each case registered or
unregistered, and including all applications and rights to apply for and be
granted protection, renewals or extensions of such rights, as well as the right
to claim priority therefrom, and similar or equivalent rights or forms of
protection which subsist now or in the future in any part of the world,
including as otherwise defined or regulated under the applicable law;
Synaptiq
Technologies SRL owns all Intellectual Property Rights, title and interest in
Mediq. Through the use of Mediq, no transfer of intellectual property is made.
Unless
explicitly stated in the Terms and Conditions, neither party gains any rights or
permissions from these Terms and Conditions to use the other party's intellectual
property, ownership, or assets. Synaptiq maintains complete ownership and
intellectual property rights over Mediq, including any statistical data,
integrations, customizations, code, patches, materials, data, know-how,
background technology, workflows, or similar assistance otherwise provided to
the User.
The trade
names, trademarks and service marks owned by the Company, whether registered or
unregistered, may not be used in connection with any product or service that
does not belong to the Company, in any manner that is likely to cause
confusion. Nothing contained on the Software should be construed as granting,
by implication, estoppels or otherwise, any license or right to use Company’s
trade names, trademarks or service marks without the express prior written
consent of the Company. You further agree that you will not systematically
extract, collect or harvest through electronic means or otherwise, any data or
data fields from the Software, including but not limited to customer identities
or other personal information.
By using the
Software, the User agrees to grant Synaptiq a global, transferrable,
sublicensable, and irrevocable right to utilise, alter, and replicate the
uploaded data (anonymized) for the purpose of enhancing both the present and
future versions of Mediq. Any creations or enhancements that arise from
Synaptiq's use and training of its software with Uploaded Data will
automatically become the property of Synaptiq in terms of intellectual property
rights.
Prohibition of Sale, Sharing, or Distribution of Resulted Images
You
expressly agree not to sell, share, distribute, or otherwise disseminate the
resulted images or any derivatives thereof to any third parties, individuals,
organizations, or entities. The results obtained from using the Software should
not be distributed or used in any manner for commercial or non-commercial
reasons without Synaptiq’s explicit prior approval.
We take
Users and patients’ privacy very seriously. Any personal data collected through
this Software is governed by the rules laid in our Privacy Policy.[1] Please refer to Privacy Policy
to learn more about your rights and responsibilities with respect to the
personal information disclosed on this Software, as well as about how we
protect your patients’ privacy. If you have any questions about your or your
patients’ rights, we encourage you to contact us at office@synaptiq.io
The User is
responsible for adhering to all relevant data protection laws, regulations, as
well as professional and criminal law obligations pertaining to safeguarding
professional confidentiality, including medical privacy, in relation to these
terms. The User is responsible for obtaining all necessary consent and
authorization for the data uploaded to Software.
If you have
any questions related to the processing of personal data, please e-mail us at: office@synaptiq.io
In addition
to other prohibitions as set forth in these Terms and Conditions, you are prohibited
from using the Software or its related content: (a) for any unlawful or
fraudulent purpose, including but not limited to, the use of fraudulent credit
card information; (b) to solicit others to perform or participate in any
unlawful or prohibited acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual
property rights of others or delete the copyright or other proprietary rights
notice from any content; (e) to harass, abuse, insult, harm, defame, slander,
annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information or otherwise attempt to mislead or impersonate
another; (g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality or
operation of the Software or the contents contained thereon; (h) to collect or
track the personal information of others; (i) to send advertising or promotion
materials, spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the
use of any malware or ransomware; (j) for any damaging, obscene or immoral
purpose; (k) to interfere with or circumvent the security features of the
Software, including those to prevent copying of content or that limit use; (l)
to transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail,” “chain letter,” “spam” or any other
similar solicitation; (m) to systematically retrieve data or other content from
the Software to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us; (n) to
make any unauthorized use of the Software, including collecting usernames
and/or email addresses of Users by electronic or other means for the purpose of
sending unsolicited email, or creating User accounts by automated means or
under false pretenses; (o) to use a buying agent or purchasing agent to make
purchases on the Software; (p) to use the Software to advertise or offer to
sell goods and services; (q) to engage in unauthorized framing of or linking to
the Software; (r) to engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools; (s) to interfere with, disrupt, or
create an undue burden on the Software or the networks or services connected to
the Software; (t) to sell or otherwise transfer your profile; (u) to use the
Software as part of any effort to compete with us or otherwise use the Software
and/or the content for any revenue-generating endeavor or commercial
enterprise; (v) to decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Software; (w) to
copy or adapt the Software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code; (x) to upload or transmit (or attempt to upload or
to transmit) viruses, Trojan horses, malicious code, or other material,
including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Software or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Software;
(y) to upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”); (z)
except as may be the result of standard search engine or Internet browser
usage, to use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Software, or using or launching any unauthorized
script or other software; or (aa) in any way that may be deemed a breach or
violation of any of our Terms and Conditions or Privacy Policy.
We reserve
the right to terminate or suspend your use of the Software or any related
Software for violating any of the prohibited uses set forth in these Terms of
Use. In such situations, you may lose access to the data you have entered into
the Software, as well as any other information you have entered or generated
using the Software.
All
registered and unregistered trademarks visible or accessible through our
Software are trademarks of Synaptiq, or licensors and may not be copied,
imitated, or used in whole or in part without the prior written permission of
Synaptiq, or its owners. All page headers, customer graphics, button icons, and
scripts are service marks, trademarks, and/or trade dress of ours or our
affiliates and may not be copied, imitated or used in whole or in part without
prior written permission of us.
If the User
submits any feedback, comments or suggestions for improvement in connection
with the test use of the Softtware, we retain our right to take those into
consideration or not, without compensating the User in any manner, at our sole
discretion and without restriction.
Synaptiq
warrants that Mediq has the necessary Intellectual Property Rights to grant the
User the rights under this Agreement, provided that Mediq will be used by the
User in accordance with these Terms, the documentation provided, and applicable
law.
Synaptiq
explicitly denies and does not provide any assurances or guarantees regarding
the precision, dependability, accuracy, comprehensiveness, current status, and
timeliness of any content, data, software, text, graphics, links, or
communications provided by the Mediq software. Synaptiq shall not be held
accountable and renounces all responsibility for any consequences arising from
decisions made by Users in connection with Mediq and the information it
presents. Synaptiq disclaims any and all liability in case of misdiagnosis and
mistreatment of any patients using Mediq as well as related to damages that
arise from the improper use of Mediq.
Mediq does
not practice medicine and is not intended to replace medical advice or to
substitute for your professional judgment. You will be solely responsible for
the professional and technical service you provide. Mediq may provide helpful
information to assist you in medical decision-making.
Mediq and
the results may be used and clinically interpreted only by physicians or other
qualified healthcare professionals.
The
generated images do not represent not medical advice and are not intended to be
relied upon as the basis for any prevention, diagnosis, treatment, or other
clinical decision-making. The healthcare professionals may consider or
disregard the information generated by Mediq to choose between further action.
Health care professionals are encouraged to independently review the basis for
the information contained in this report and must use their own independent
judgment in making any clinical decision regarding an individual patient.
Content Submission and Removal
To the
extent our Software allows you to submit any information, we will use your
information consistent with the terms of our Privacy Policy and these Terms of
Use. We reserve the right to remove,
screen, edit, or reinstate your information from time to time at our sole
discretion for any reason or no reason, and without notice to you. You shall be
solely responsible for your information and the consequences of submitting and
publishing your information in our Software. You affirm, represent, and warrant
that you own, or have the necessary licenses, rights, consents, and permissions
to publish any information that you submit. Most importantly, you affirm that
you have the necessary consents from the patients’ whose data you upload, as
required by applicable laws in your jurisdiction, for processing their personal
data.
You further
agree that your information will not contain third-party copyrighted material,
or material that is subject to other third-party proprietary rights, unless you
have permission from the rightful owner of the material or you are otherwise
legally entitled to post the material and to grant us all of the license rights
granted herein. We do not permit copyright infringing activities and
infringement of intellectual property rights on the Software, and we will
remove content if properly notified that such content infringes on another's
intellectual property rights. We reserve the right to remove content without
prior notice subject to the applicable laws.
We will use
reasonable efforts to investigate notices of alleged infringement. If we in our
sole discretion reasonably believe an infringement has taken place, and
consistent with applicable laws, will take appropriate action, which may
include removing or disabling access to the content claimed to be infringing
and/or terminating accounts and access to the Software.
We reserve
the right to make any updates or changes to the Software and its features
without prior notification to the Users and without requiring their consent.
Users can find out about possible updates by contacting us anytime at
office@synaptiq.io
If we modify
our Terms and Conditions, such changes will be effective upon posting. It is your obligation to check our current
Terms and Conditions for any changes. These Terms and Conditions may only be modified in
writing. Any ambiguities in the interpretation will not be construed against
us.
Any official
notices or communications from us to our Users will be made directly through
the Software, or by e-mail, respectively.
These Terms
of Use are effective until terminated. We may terminate these Terms and Conditions at
any time without notice to you and may deny you access to our Software.
The Parties
shall attempt in good faith to resolve promptly and amicably any dispute
arising out of or relating to this Agreement. If the dispute has not been
resolved by negotiation within forty-five (45) days of the disputing parties’
written notice, such dispute shall be decided by the competent courts located
in Cluj-Napoca, Romania.
The laws of
Romania shall govern these Terms and Conditions and your use of the Software. Any legal
action or procedure relating to this Software must be filed only in a federal
or state court with jurisdiction over the matter, located in Cluj-Napoca,
Romania.
You agree
that you will not use the Software in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
Should any
provision of this clause be deemed invalid or unenforceable under applicable
law, the remaining provisions shall remain in full force and effect.
If you have
any questions about these Terms and Conditions, please contact us at office@synaptiq.io at any time.
By agreeing
to these terms, you acknowledge that you have read, understood, and agreed to
the obligations and limitations outlined herein. Failure to adhere to these
terms may result in the termination of your access to and use of the Software
and/or legal action.