Welcome to dicomwallet

DICOMWallet Terms of Service

Last Update: July 2022

Thank you for choosing to be part of our community at Precious MD Ltd, doing business as DICOMWallet. DICOMWallet provides an image management platform designed to offer users secure and simple access to medical images (CT-scan / MRI / X-ray) via the cloud. The goal is to offer users an integrated platform to store and share medical images. DICOMWallet helps users to store and share medical images while adhering to their legal obligations. Specifically, it has been designed to be used by clinicians (radiologists, oncologists, etc.) for research, teaching and seeking second opinion purposes, and patients to securely store and share their own medical data.

These terms of service ("Terms") cover your use and access to our services, client software and websites ("Services"). Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you are agreeing to be bound by these Terms, our Privacy Policy and Acceptable Use Policy.

Your Stuff & Your Permissions

When you use our Services, you provide us with things like your files, content, messages, contacts and so on ("Your Stuff`"). Your Stuff is yours. These Terms do not give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Stuff, backing it up and sharing it when you ask us to. Our Services also provide you with features like commenting, sharing, searching, image thumbnails, easy sorting and organization to help reduce busywork. To provide these and other features, DICOMWallet accesses, stores and scans Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please do not copy, upload, download or share content unless you have the right to do so.

DICOMWallet may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We are not responsible for the content people post and share via the Services. Help us keep Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Do not share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 18. If the law where you reside requires that you must be older in order for DICOMWallet to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.

Additional Features

From time to time, DICOMWallet will add additional features to enhance the user experience of our storage service at no additional charge. However, these free features may be withdrawn without further notice.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Our Stuff

The Services are protected by copyright, trademark, and other UK and foreign laws. These Terms do not grant you any right, title or interest in the Services, others' content in the Services, DICOMWallet trademarks, logos and other brand features. We welcome feedback, but please note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us using copyright@dicomwallet.com. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

you are in breach of these Terms,
your use of the Services would cause a real risk of harm or loss to us or other users, or
you do not have a Paid Account and have not accessed our Services for 12 consecutive months.

We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services.

We will not provide notice or an opportunity to export Your Stuff before termination or suspension of access to the Services where:

you are in material breach of these Terms,
doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
we are prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond DICOMWallet control (for example a natural disaster, fire or explosion) or to comply with a legal requirement. If we do so, we will give you reasonable prior notice so that you can export Your Stuff from our systems (we will give you no less than 30 days' notice where possible under the circumstances).

Services "AS IS"

We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, DICOMWallet AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS". WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places do not allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties granted to consumers by EU law.

Limitation of Liability

WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO - THIS INCLUDES ANY LIABILITY FOR DICOMWallet'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE DICOMWallet'S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, DICOMWallet WILL NOT BE LIABLE FOR:

any indirect, special, incidental, punitive, exemplary or consequential damages, or
any loss of use, data, business or profits, regardless of legal theory.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT DICOMWallet OR ANY OF ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, DICOMWallet WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY. DICOMWallet IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF GBP 20. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.

Resolving Disputes

Let us try to sort things out first. We want to address your concerns without needing a formal legal case. Before filing a claim against DICOMWallet, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute at dispute-notice@dicomwallet.com that includes your name, a detailed description of the dispute and the relief you seek. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or DICOMWallet may bring a formal proceeding. Judicial Forum for Disputes. You and DICOMWallet agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the non-exclusive jurisdiction of the courts of London, London, subject to the mandatory arbitration provisions below. Both you and DICOMWallet consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

Controlling Law

These conditions are governed by and interpreted following the laws of the United Kingdom, and 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. DICOMWallet and yourself both agree to submit to the non-exclusive jurisdiction of the courts of London, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Entire Agreement

These Terms constitute the entire agreement between you and DICOMWallet with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of these Terms. Our past, present and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

Waiver, Severability & Assignment

DICOMWallet's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. DICOMWallet may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

changes to the law,
new regulatory requirements, or
improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you do not agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.