Smart Blood Analytics

Smart Blood Analytics

TERMS AND CONDITIONS OF USE

01. Introduction


1.1


These terms and conditions shall govern your use of our website, including the algorithms running on our website and the material on our website (www.smartbloodanalytics.com, collectively hereinafter the Tool).

1.2

By using our Tool, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Tool.

1.3

If you register with our Tool, we will ask you to expressly agree to these terms and conditions.


02. Copyright notice

2.1


Copyright (c) 2016 Smart Blood Analytics SA.

2.2

Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our Tool;
(b) all the copyright and other intellectual property rights in our Tool are reserved.


03. License to use the tool

3.1

Subject to these terms and conditions, you may:
(a) view pages from our Tool in a web browser;
(b) download pages from our Tool for caching in a web browser;
(c) print pages from our Tool;
(d) enter patient data, including blood parameters, into our Tool; and
(e) analyze the Smart Blood Analytics Report we provide to you through our Tool;

Only for the limited purpose of conducting, together with or on behalf of us, a clinical evaluation of our Tool. The details of the clinical evaluation shall be subject to a separate clinical evaluation agreement to be entered into between you and us.

3.2

You shall not use our Tool for any purpose other than set forth in Section 3.1.

3.3

We may terminate your license and cancel your account in our sole discretion at any time, with or without notice period, including when we determine that the clinical evaluation of our Tool is completed. Once we have terminated your license, we may disable your access to our Tool without any further obligation or liability. In particular, upon termination, we have no obligation to provide you with a copy of the data you entered into our Tool nor to afford you the opportunity to extract this data from our Tool but we may do so in our sole discretion.

04. Acceptable use

4.1

You must not:
(a) use our Tool in any way or take any action that causes, or may cause, damage to the Tool or impairment of the performance, availability or accessibility of the Tool;
(b) use our Tool in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Tool to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Tool; and
(e) access or otherwise interact with our Tool using any robot, spider or other automated means.

4.2

You must ensure that all the information you supply to us through our Tool, or in relation to our Tool, is true, accurate, current, complete and non-misleading.

4.3

You must ensure that you have obtained any consents or authorizations you may require from patients and third parties prior to supplying any information to us through the Tool.



05. Registration and accounts

5.1

You may register for an account with our Tool by completing and submitting the account registration form on our Tool.

5.2

You must not allow any other person to use your account to access the Tool.

5.3

You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.4

You must not use any other person's account to access the Tool, unless you have that person's and our express permission to do so.


06. User login details

6.1

If you register for an account with our Tool, you will be asked to enter your email address and choose a password..

6.2

You must keep your password strictly confidential.

6.3

You must notify us in writing immediately if you become aware of any disclosure of your password.

6.4

You are responsible for any activity on our Tool arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.


07. Your content: licence

7.1

In these terms and conditions, "your content" means all works and materials (including without limitation text, data, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Tool for storage or publication on, processing by, or transmission via, our Tool.

7.2

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to your content for unlimited purposes, including to use, reproduce, store, adapt, publish, translate, exploit and distribute your content in any existing or future media.

7.3

You grant to us the right to sub-license the rights licensed under Section 7.2.

7.4

You grant to us the right to bring an action for infringement of the rights licensed under Section 7.2.

7.5

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.


08. Disclaimer of warranties and liability

8.1

We provide the Tool on an “As Is” basis and exclude any representations, warranties, terms, conditions, guarantees of whatever type and nature (including statutory warranties under the Swiss Code of Obligations) to the maximum extent permitted by law.

8.2

In particular, you understand and acknowledge that the Tool is in the phase of clinical evaluation and its clinical reliability has not been confirmed.

8.3

To the maximum extent permitted by law, we exclude and disclaim liability for any losses, damages, costs and expenses, however caused and on any theory of liability, whether in contract, tort, unjust enrichment or any other theory of liability. In particular, we will not be liable for any direct, indirect, special, consequential, exemplary and punitive damages and for loss of profits, loss of revenue, loss of savings and loss of data.


09. Clinical Care and Indemnity

9.1

You acknowledge that the Tool is not a substitute for competent medical advice, independent medical decisions and human intervention. In particular, you shall therefore:
(a) enter any data in the Tool accurately and completely;
(b) read any information displayed in the Tool accurately and completely;
(c) operate the Tool accurately;
(d) independently confirm the accuracy of any medical data, including any diagnosis, you obtain through the Tool (including the Smart Blood Analytics Report) in the same manner that such medical data would be confirmed if it were not obtained through the Tool; and
(e) use the Tool only in accordance with good medical practice.

9.2

You agree to indemnify, hold harmless and defend us, our directors, officers and employees from any claim relating to patient care or outcomes by or on behalf of any of your patients, or by or on behalf of any other third party claiming damage by virtue of a familial or financial relationship with such patient, regardless of the cause.


10. Breaches of these terms and conditions

10.1

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Tool;
(c) permanently prohibit you from accessing our Tool;
(d) block computers using your IP address from accessing our Tool;
(e) commence legal action against you, whether for breach of contract or otherwise; and/or
(f) suspend or delete your account on our Tool.

10.2

Where we suspend or prohibit or block your access to our Tool or a part of our Tool, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).


11. Third party websites

11.1

Our Tool includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

11.2

We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.


12. Trade marks

12.1

Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.


13. Variation

13.1

We may revise these terms and conditions from time to time.

13.2

The revised terms and conditions shall apply to the use of our Tool from the date of publication of the revised terms and conditions in the Tool, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.


14. Assignment

14.1

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.


15. Third party rights

15.1

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.


16. Entire agreement

16.1

These terms and conditions shall constitute the entire agreement between you and us in relation to your use of our Tool and shall supersede all previous agreements between you and us in relation to your use of our Tool.

16.2

In case of a conflict or discrepancy between these terms of use and the clinical evaluation agreement, the clinical evaluation agreement shall prevail.


17. Law and jurisdiction

17.1

These terms and conditions shall be governed by and construed in accordance with the laws of Switzerland without having regard to any conflict of law rule that would lead to the application of a law of any other jurisdiction.

17.2

Any disputes relating to these terms and conditions and/or the Tool shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland.


18. Our details

18.1

The Tool is owned and operated by Smart Blood Analytics SA.

18.2

We are registered in the commercial registry of the Canton of Graubünden, Switzerland. Our registration number is CHE-202.892.658.

18.3

Our principal place of business is Bahnhofstrasse 40, 7000 Chur, Switzerland.

18.4

Our email address is

18.5

Our VAT number is CHE-202.892.658.
© 2018 SMART BLOOD ANALYTICS SWISS SA. ALL RIGHTS RESERVED PRIVACY STATEMENT

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