ALMA 365 CONDITIONS OF CONTRACT
1 - The Service and its Owner
- “ALMA 365” (hereinafter also referred to as the “Service”) is a cloud-based service for managing and storing medical images and other digital content via the Internet, which is used to view images through a lightweight universal viewer and, where applicable, through an advanced viewer incorporating state-of-the-art tools, such as multiplanar reconstruction (MPR) and volume rendering. The Service can be used to view and radiologically assess studies of all techniques commonly used in medicine, including conventional radiography, ultrasound, CT (computed tomography), MRI (magnetic resonance imaging), and nuclear medicine, as well as nonradiographic images, including photographs, dermatoscopy images, images of the eye, and electrocardiograms. The Service is composed of websites, servers, programs, and any other components and/or elements that form part of said Service, as well as: (i) technical information, installation manuals, instructions for use, or any other documentation related to the Service; (ii) images, photographs, sounds, or other files containing proprietary content; and (iii) any versions, updates, modifications, and/or improvements to the Service.
- The Service provides organized and secure cloud-based storage so that customers (clinics and medical centers) may store their patients’ medical images, and subsequently access them at any time and from any location. The medical images will be accessed by means of the certified medical viewers provided by ALMA 365, which guarantee that images are displayed correctly and provide state-of-the-art diagnostic imaging tools.
- ALMA 365 grants universal and secure access to images from any device connected to the Internet (PC, laptop, tablet, smartphone). Universal access is guaranteed through the lightweight web viewer, which runs from a web browser and can therefore be used from any software platform (iOS, Android, Windows, Mac, Linux). ALMA 365 also offers an advanced viewer based on Microsoft Windows® technology, which provides greater performance and the latest medical image display and analysis tools, such as multiplanar reconstruction (MPR) or volume rendering.
- Medical studies are stored in the cloud by means of a cloud-based PACS server. The PACS server provides orderly storage in a relational database, which means studies can be searched according to different criteria, such as patient name, study date, or scan type (CT, magnetic resonance imaging, mammogram, etc.). Therefore, each time the images for a specific study related to a patient are displayed, ALMA 365 also displays a list of all their previous studies. This enables the option to use tools for comparing and synchronizing current and previous studies, thus obtaining highly valuable information for the patient’s diagnosis.
- When the ALMA 365 service is contracted it comes with a designated storage capacity and a nominal number of users. The storage capacity and number of users will depend on the Subscription Plan contracted. The user may change their plan whenever they deem it appropriate to do so.
- ALMA 365 also offers storage management tools, which include uploading or publishing new images as well as deleting previously stored images. This means the user can always control the level of storage capacity they have available. For uploading or publishing medical studies, ALMA 365 includes import tools for DICOM images, which patients usually provide on a CD or similar storage media.
- In compliance with Spanish Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the Service owner’s data are the following:
- ALMA IT SYSTEMS, S.L. (hereinafter, “ALMA IT SYSTEMS”), is a commercial company with Spanish tax ID (NIF) B63893200, registered address at Passeig de Gràcia, 11 Esc. A, 2º 1ª, Barcelona 08007, Spain, and website www.alma-medical.com, which is duly registered in the Barcelona Companies Register under Volume 37,700, Folio 200, Sheet no. B 309001, Inscription 1.
- These terms and conditions of contract (“Conditions of Contract”), together with the “Service Usage License for Subscribers”, are binding on the Subscriber who contracts the Service and who must accept them prior to contracting, and also on the Users associated with their account, to whom these Conditions of Contract shall be transferred for their express acceptance prior to using the Service.
2 - Subscription to the Service and Modalities
- To access and use the Service, the Subscriber will have to contract a Subscription Plan, which will include a designated storage capacity and number of Users.
- ALMA IT SYSTEMS offers Subscribers the option of contracting one of the following two Subscription Plans:
- ALMA 365: which features the basic Service, with access and management of stored images by means of a universal lightweight viewer that operates based on web technology; and
- ALMA 365 PREMIUM: which features the ALMA 365 Service, as well as an advanced viewer in the form of installable software, which includes state-of-the-art tools and operates based on Windows technology.
- The Subscriber may modify their Service Subscription Plan at any time based on their requirements for storage and/or the number of Users, and/or the incorporation of the corresponding viewer.
3 - Subscribers and Users
- Any person, organization, or company that contracts the Service shall assume the status of Subscriber, and any natural persons shall assume the status of Users who, under the coordination, authorization, and guidance of the Subscriber, may use the Service for their own purposes, including managing and storing images and other medical content.
- To access the contents of the Service, the Subscriber must register by creating their own account, including a set of information corresponding to them. Once registered, the Subscriber must identify and authorize their associated Users in order to provide them with access to use the Service.
- The Subscriber accepts these Conditions of Contract by completing the registration procedure, and is obliged and undertakes to transfer these terms and conditions to any Users associated with their account through the procedure provided for this purpose in the Service itself, and must obtain their express acceptance of the same prior to providing them with access to use the Service.
- To complete the registration procedure, the Subscriber must fill out the forms provided for this purpose, which are available in the online store of the website www.alma-medical.com. Once registered, the Subscriber may provide Users with their own account to access the Service, which must be duly registered by completing the forms provided for these Users.
- All data entered that identifies the Subscriber and their associated Users must be accurate, truthful, current, and complete, and they will be responsible for keeping this data updated at all times. The Subscriber and Users shall be responsible for safeguarding their identifiers, passwords, or other Service identification and access data, and shall assume any liability, damage, or loss that could arise from the improper use, assignment, disclosure, or loss of the same.
- The Subscriber and associated Users may use the Service, and shall be responsible for such usage. They also undertake to use the components and/or elements provided by ALMA IT SYSTEMS in the Service in an appropriate and acceptable manner. The Subscriber and Users must refrain from using the components and/or elements for purposes including, but not limited to, introducing computer viruses onto the network, using other users’ accounts, and, ultimately, perpetrating any activities that are illicit, illegal, or contrary to public order and good faith, or face the risk of being deprived access to the Service.
- Similarly, the Subscriber and Users undertake to abide by the provisions of these Conditions of Contract and other notices, usage regulations, and instructions made available or accessible to them
4 - Characteristics of the Service
- Once the Subscriber has provided the corresponding authorization, Users may use the ALMA IT SYSTEMS Service, which includes services for managing and storing medical images and other digital content, as well as services for viewing them with the viewers provided, in accordance with these Conditions of Contract.
- In order to improve the Service ALMA IT SYSTEMS may, at any time and without prior notice, unilaterally modify any component and/or element of the Service, or its operational, technical, and usage conditions. Similarly, and in order to improve the Service, the Subscriber and/or Users may inform ALMA IT SYSTEMS of any modifications that they deem useful, and obtain any additional information or resolve their queries, complaints, or suggestions, by using the website shown in the header of this contract to establish contact, without this implying, however, the assumption of any obligation on the part of ALMA IT SYSTEMS.
5 -Use of the Service
- The Subscriber and its associated Users undertake to use the Service in accordance with applicable laws, moral principles, generally accepted good practices, and public order.
- The Subscriber and Users undertake to abstain from using the Service for illicit purposes that are contrary to the provisions of these Conditions of Contract, harmful to the rights and interests of ALMA IT SYSTEMS or third parties, or that in any way may damage or tarnish the image or reputation of ALMA IT SYSTEMS or impede the normal use or benefit of the Service.
- The Subscriber and Users may only use the Service exclusively for personal purposes and within the scope established by these Conditions of Contract. The Subscriber and Users shall not carry out any activity that could cause damage to the Service and/or its operability and development.
- In addition to the foregoing, and in particular, but without limitation, the Subscriber and Users shall refrain from using the Service to:
- harass or disturb third parties and/or violate their privacy and confidentiality;
- impersonate other users or third parties;
- spy on other users or third parties;
- inform third parties of the location of other users;
- undermine the reputation, image, and honor of other users or third parties; or
- advertise for the purposes of promoting proprietary or third-party products, services, or activities.
- ALMA IT SYSTEMS reserves the right to block the Subscriber’s and/or its associated Users’ access or delete their accounts, and to pursue any pertinent legal actions in the event that they contravene the provisions of these Conditions of Contract.
6 - Price and Payment Method
- The Service will be contracted through the payment of a monthly subscription. ALMA IT SYSTEMS offers the possibility of contracting Subscription Plans.
- Subscription to the Service will be activated upon receipt of the first monthly subscription fee according to the payment plan chosen by the Subscriber during registration, except when it is contracted by a newly registered Subscriber, or when a temporary means of access is offered as a free trial, in which case it will be activated during registration, and later confirmed, or rejected, through the payment of the first subscription fee once the corresponding trial period has ended. The subscription will remain active as long as the subscription fees are paid pursuant to the applicable monthly schedule.
- Whenever a new Subscriber registers for the Service who has never previously registered, ALMA IT SYSTEMS will offer an initial trial period of fifteen (15) calendar days without charging the applicable monthly payment for the corresponding Subscription Plan. The aforementioned subscription payment, which will include use of the Service during the trial period, will be made at the end of said period, provided that the Subscriber does not confirm its cancellation of the Service.
- ALMA IT SYSTEMS entrusts a payment gateway service provider to manage the collection of its subscription fees. The Service will connect to the payment gateway to manage the payment of the first subscription fee, and to regularly collect subsequent installments. The Subscriber can use this service to freely choose how they wish to pay the installment fees using any of the following methods:
- using a credit or debit card; or
- any other system that may be envisaged or established in the future.
- In the case of default of the corresponding monthly payment, ALMA IT SYSTEMS will inform the subscriber and demand the settlement of said payment within one (1) month. If the corresponding payment is not received within this period, ALMA IT SYSTEMS will request it from the Subscriber again, and block their account and access to any stored content, with the exception of access to settle the payment. In the event the payment is not received within one (1) month, ALMA IT SYSTEMS will unilaterally delete the account, unregister the Subscriber from the Service, and consequently delete any stored data.
7 - Intellectual and Industrial Property Rights
- All components and/or elements that form part of this Service, including, but not limited to, software, source code, graphics, interfaces, patents, trademarks, logos, and any other components and/or elements, are protected by intellectual and industrial property rights. ALMA IT SYSTEMS owns the intellectual and industrial property rights, and/or has obtained the authorizations or licenses necessary to use the components and/or elements related to the Service and the technology associated with it. Consequently, these components and/or elements may not be used, publicly communicated, reproduced, distributed, transformed, made available, or submitted to any actions that involve a violation of Spanish or EU regulations regarding intellectual and/or industrial property, without the prior and express authorization of ALMA IT SYSTEMS.
- The Subscriber and/or their associated Users must refrain from circumventing any measure or device in place to guarantee the intellectual and industrial property rights of the contents of the Service.
- All personal data collected during the Subscriber's registration and/or when using the Service itself will be incorporated into a file owned by ALMA IT SYSTEMS, who will assume responsibility for the file, in order to use the data for managing and providing the Service, and for sending any communications of a commercial, promotional and/or advertising nature related to their products and/or services. The Subscriber expressly accepts that their personal data can be processed for these purposes, notwithstanding the fact that they can exercise their corresponding legal rights, and in particular their rights of access, rectification, cancellation, and opposition (ARCO rights), as well as rights of deletion, limitation, and portability, by sending an email to the address: email@example.com, and duly identifying and clearly indicating the purpose of their request. In any event, since the effective provision of the Service requires access to the Subscriber’s aforementioned personal data, an order to cancel the data will imply cancellation of the subscription to the Service and deletion of their account.
- The personal data provided by the Subscriber corresponding to Users associated with their account will also be incorporated in said file owned by ALMA IT SYSTEMS, and may be used for the same purposes. The Subscriber is obliged and undertakes to obtain the prior and express authorization of Users to allow their data to be processed for the indicated purposes, and shall be held liable if this is not done correctly, while holding ALMA IT SYSTEMS harmless from any claims that could arise from such non-compliance. In any event, access to the Service by any of the Users associated with the Subscriber’s account implies their express consent for their personal data to be processed for the indicated purposes. ALMA IT SYSTEMS will retain Users’ data until the Subscriber’s account to which they are associated is deleted, or until the Subscriber, or the person they authorize for this purpose, deletes a User from the list of those associated with their account.
- The collection of fees for the acquired subscription, based on the plan contracted, will be managed by the third party to whom ALMA IT SYSTEMS has entrusted said collection service, and who shall be held solely accountable to the Subscriber for both the provision of the collection service, and for processing any personal data required for the same, including relevant banking data. This collection service will include access to a payment gateway, to which the Service connects during the registration procedure in order to collect the first subscription fee for the plan contracted, and to manage the regular collection of subsequent installments. ALMA IT SYSTEMS will never either store or have access to the banking data or other personal data provided by the Subscriber when making the payment through this third-party service, apart receiving confirmation of the payment made by the Subscriber and the corresponding amount. For further details on how these personal data are processed, the Subscriber must refer to the information provided by the owner of the collection service, which will be duly identified at the time of purchasing the subscription.
- The personal data provided by any Subscribers and Users of the Service must be accurate, truthful, and up-to-date, and it is their sole responsibility to keep them updated at all times, assuming any damages that could otherwise arise if they do not. Similarly, all Subscribers and Users of the Service are responsible for duly safeguarding their respective identifiers, passwords, or any other data used for identification purposes and/or to access the Service, assuming any liability that could arise from the improper use, transfer, disclosure, or loss of the same.
- The content managed and stored as a result of Subscribers and/or Users using the Service may include the personal data of third parties, and in particular, sensitive medical data. Subscribers and/or Users accept that content will be processed under their sole responsibility, and being responsible for this processing, they declare to have the consent required to do so from the data subjects, and given the nature of the data that content may include, they are obliged and undertake to strictly comply with the applicable regulations regarding the processing of personal data, and shall hold ALMA IT SYSTEMS harmless in the event of any non-compliance on their part. By means of this License, ALMA IT SYSTEMS is mandated to process content for the sole and exclusive purpose of providing the Service, while limiting its responsibility, as the party in charge of processing, to ensuring security and compliance with data protection regulations on the management and storage of the content included in the scope of this mandate, for which it undertakes to adopt the necessary technical and organizational measures to meet that end, both on its part and that of any providers involved in the provision of the Service, and, in particular, on the part of the hosting service provider, having previously verified that the specifications of its respective service guarantee this undertaking. ALMA IT SYSTEMS will not use or process content, and in particular the personal data that this content may contain, beyond what is necessary for the provision of the Service. ALMA IT SYSTEMS shall maintain a record of the processing activities performed on the content as a result of their obligations with their suppliers.
- Once the subscription is terminated for any reason, ALMA IT SYSTEMS will proceed to the immediate destruction of the content, and is not obliged to retain it under any circumstances.
- In accordance with applicable legislation, ALMA IT SYSTEMS will implement appropriate and sufficient technical and organizational security measures, in accordance with the characteristics of the processing activities, the nature of the data processed, and the technology used to provide the Service, that may be required in order to guarantee the security of the personal data referred to in the preceding paragraphs, while ensuring their confidentiality, and preventing them from being unduly tampered with, damaged, or lost.
9 - Service Security
- ALMA IT SYSTEMS is not obliged to monitor the presence of viruses, worms, or any other software element that could be harmful, or code of a destructive or damaging nature. It is up to the Subscriber and Users to obtain and implement appropriate protection tools in their systems in order to detect, protect against, and remove malware or any harmful computer program. Accordingly, ALMA IT SYSTEMS is not responsible for any damage that could occur to the Subscriber’s or Users’ devices during provision of the Service.
10 - Transmitting Confidential Information via the Service
- Any information sent via the Service by the Subscriber and/or its associated Users will be processed with due confidentiality and consideration. Notwithstanding the foregoing, ALMA IT SYSTEMS may delete this information if it deems it inappropriate or offensive, and may also facilitate access to such information if any Competent Courts or Authorities so require it, provided that such access is pursuant to applicable legal provisions.
- ALMA IT SYSTEMS may send, by means of individual electronic communications (e.g., SMS or emails), and provided prior authorization is in place, notifications of a commercial, promotional, and/or advertising nature to the Subscriber and their associated Users regarding products or services similar to those they have already contracted.
11 -Technological Limitations
- In certain cases, the Service may be temporarily interrupted as a result of maintenance work. Moreover, ALMA IT SYSTEMS warns that, in addition to those indicated above, there is a wide variety of factors that can affect Service operability, including, but not limited to, environmental conditions, network saturation, connectivity, third-party software, etc.
12 - Exemption from Liability
- ALMA IT SYSTEMS is not responsible for the decisions taken by the Subscriber and/or its associated Users as a result of the information present in the Service, regardless of its origin; nor is it responsible for any damages that may occur to other subscribers, Users or third parties. The Subscriber and Users shall be solely responsible for any interactions they may have with other users.
- Nor is ALMA IT SYSTEMS responsible for the speed, quality of browsing, use, and access the Subscriber or Users have to the Service, which will depend on the technical conditions they have contracted with their service providers. Therefore, ALMA IT SYSTEMS will not assume responsibility for failure, suspension, or cancellation of access to the Service, or for problems connecting to the communications network through which Subscribers and/or Users access the Service, or for any faults caused by third parties. Nor will it assume responsibility for the continuity and availability of the Service when it cannot be guaranteed as a result of causes beyond the control of ALMA IT SYSTEMS.
13 - Duration and Termination
- These Conditions of Contract shall be deemed to be in force for as long as the Subscriber maintains an active subscription to the Service, by maintaining the registered account active and through its and/or its associated Users’ use of the Service; and until, alternatively, such time as the Subscriber decides to cancel said account.
- ALMA IT SYSTEMS reserves the right to terminate the Service with the Subscriber and/or its associated Users, under these Conditions of Contract and without liability. The usage licenses and rights granted to the Subscriber by virtue of these Conditions will be revoked upon termination of the subscription.
- ALMA IT SYSTEMS may also reserve the right to deny or withdraw access to the Service, and, if applicable, to the services offered through it, to any Subscribers and/or Users that fail to comply with the Conditions of Contract.
14 - Modifications to the Conditions of Contract
- ALMA IT SYSTEMS reserves the right to modify the Conditions of Contract at any time and without prior notice, and the customer shall be responsible for reading them each time the Services are contracted and/or used. In any case, before contracting any of the services provided, the Subscriber and their associated Users must accept the Conditions in force at that time, which will always be made available to them prior to contracting.
15 - Written Communications
- By accepting these Conditions of Contract, the Subscriber and Users accept that the majority of communications with ALMA IT SYSTEMS will be electronic. ALMA IT SYSTEMS will contact the Subscriber and/or Users via email or by posting notices through the Service. The Subscriber and Users agree to use this electronic means of communication and acknowledge that all notifications, information, and other communications that ALMA IT SYSTEMS sends electronically comply with any legal requirements for them to be in writing.
16 - Jurisdiction and Applicable Law
- These Conditions of Contract will be subject to the provisions of Spanish law, without prejudice to any legal regulations for the protection of consumers and users that may be applicable.
- If any disputes arise in relation to the provision of the Service, the parties expressly waive any other jurisdiction to which they may have recourse, and agree to submit to the Courts and Tribunals of the city of Barcelona.
17 - Customer Service
- If you wish to contact customer service, you can do so via the following means:
By sending an email to the address: firstname.lastname@example.org.
By calling the number: +34 932 380 592.