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).
1.2By 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.
1.3If you register with our Tool, we will ask you to expressly agree to these terms and conditions.
02. Copyright notice
Copyright (c) 2019 Smart Blood Analytics SA.
2.2Subject 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
3.1Subject 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.
3.2You shall not use our Tool for any purpose other than set forth in Section 3.1.
3.3We 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
4.1You 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.
4.2You 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.
4.3You 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
5.1You may register for an account with our Tool by completing and submitting the account registration form on our Tool.
5.2You must not allow any other person to use your account to access the Tool.
5.3You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.4You 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
6.1If you register for an account with our Tool, you will be asked to enter your email address and choose a password..
6.2You must keep your password strictly confidential.
6.3You must notify us in writing immediately if you become aware of any disclosure of your password.
6.4You 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
7.1In 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.
7.2You 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.
7.3You grant to us the right to sub-license the rights licensed under Section 7.2.
7.4You grant to us the right to bring an action for infringement of the rights licensed under Section 7.2.
7.5You 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
8.1We 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.
8.2In particular, you understand and acknowledge that the Tool is in the phase of clinical evaluation and its clinical reliability has not been confirmed.
8.3To 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
9.1You 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.
9.2You 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
10.1Without 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.