NOTICE. — PLEASE READ THIS SERVICE USAGE LICENSE AGREEMENT CAREFULLY (HEREINAFTER REFERRED TO AS THE “LICENSE”) BEFORE REGISTERING AND MAKING USE OF IT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS LICENSE, PLEASE DO NOT REGISTER, AND DO NOT USE THE SERVICE IN ANY WAY, OR INSTALL THE SOFTWARE OR ANY OTHER COMPONENT AND/OR ELEMENT OF THE SAME. REGISTERING FOR AND USING THE SERVICE IN ANY WAY, INCLUDING THE INSTALLATION OF ANY OF ITS COMPONENTS AND/OR ELEMENTS, MEANS THAT YOU ACKNOWLEDGE AND ACCEPT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.
SERVICE USAGE LICENSE FOR SUBSCRIBERS
ALMA IT SYSTEMS, S.L. (hereinafter “ALMA IT SYSTEMS”), with address at Passeig de Gràcia, 11, Esc. A, 2º 1ª, Barcelona, and website www.alma-medical.com, as the owner and holder of all existing rights to the Service covered by this License, grants you permission to use it pursuant to the following terms and conditions:
The following definitions apply for the purposes of this License:
- Service: The “ALMA 365” Service, which is a cloud-based service for managing and storing medical images and other digital via the Internet, and can be used to view images through a lightweight universal viewer, as well as an advanced viewer for viewing and radiologically assessing studies derived from all techniques commonly used in medicine, including conventional radiography, ultrasound, CAT (computerized axial tomography) scans, MRI (magnetic resonance imaging) and nuclear medicine. 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.
- Subscriber: The person, organization, or company that contracts the Service. Each Subscriber has their own account, including a set of information corresponding to them, and a set of information corresponding to their associated Users.
- User: A natural person who, under the coordination, authorization, and guidance of the Subscriber, may use the Service for their own purposes, including managing and storing proprietary and/or third-party images and other medical content.
- Service Website: The website: www.alma-medical.com, which is used to register for the Service, and access its information and features.
- Content: Any files and/or documents in any of the supported formats (JPEG, PDF and DICOM standard) that are managed and/or stored by Users through the Service, which may include third-party medical data.
- ALMA IT SYSTEMS grants the Subscriber a License for non-exclusive use of the Service, as an ancillary provision inherent to the existence of the Subscriber’s active subscription. This License will be deemed to be issued to the Subscriber once they state their acceptance of its terms and conditions when registering for the Service, and will remain in force throughout the period in which their subscription remains active. Subscription to the Service will be initially activated upon receipt of the first subscription fee according to the payment plan chosen by the Subscriber during registration (or by means of access during trial or free usage periods derived from offers), and will remain active as long as the applicable subscription fees are paid pursuant to the payment schedule. Once registered, if the Subscriber does not activate or maintain an active subscription, ALMA IT SYSTEMS may terminate this Usage License and delete the Subscriber’s account. The different subscription plans available and their prices can be consulted on the Service Website at any time.
- The Usage License for the Service is non-exclusive and non-transferable, and authorizes the Subscriber and their associated Users, identified in their account, to use the Service based on the contracted subscription plan, in strict compliance with the terms and conditions established therein. The Subscriber 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. The Subscriber shall be liable in the event that any Users associated with their account have not duly provided their prior acceptance of the terms and conditions of this License, always holding ALMA IT SYSTEMS harmless from any claims that could arise from such non-compliance.
- This License grants the Subscriber permission to make acceptable use of the programs, applications, or other software components integrated into the Service, including the installation, upload, transfer, copy, and/or reproduction of them on any computer or computing device, only to the extent necessary for the normal execution of the Service, and in a way that complies with its purpose and specifications. This permission, in the terms indicated above, extends to Users associated with the Subscriber’s account who must also make acceptable use of the Service under the responsibility of the Subscriber.
- The use of the Service in any manner that is not expressly included within the scope of this Usage License is explicitly forbidden, and in particular, any use of the Service and/or its components and/or elements that falls outside the acceptable usage set forth herein, as well as granting any kind of sublicenses to third parties, even if free of charge. If any usage of the Service is identified that does not comply with authorized acceptable usage, and/or that implies an abuse of the Service, then ALMA IT SYSTEMS shall be entitled to suspend and/or block any access to the Service by the Subscriber and/or the Users associated with their account.
- If the Subscriber and/or any of the Users associated with their account breach any of the terms of the License, in addition to terminating the subscription, the License may also be automatically terminated without the need for any prior notice on the part of ALMA IT SYSTEMS. When the License is no longer in effect for whatever reason, all content managed and/or stored through the Service by the Subscriber and/or Users associated with their account will be deleted.
2.Reservation of Intellectual and Industrial Property Rights
- The Service is the property of ALMA IT SYSTEMS, which is the sole and exclusive owner of all existing rights to it and to its proprietary components and/or elements that form part of it, and in particular, of the applicable intellectual and industrial property rights, which include, but are not limited to, the exclusive rights concerning software, source code, graphics, interfaces, patents, trademarks, logos, and any other rights that are protected by the applicable Spanish and international legislation, and with respect to those rights that ALMA IT SYSTEMS expressly reserves.
- Besides its proprietary components and/or elements, the Service’s operation involves the use of other third-party resources and services, whose rights belong to their respective owners, and which are also subject to specific protection under the applicable Spanish and international legislation.
- This License does not constitute the sale or any kind of assignment of rights to the Service, or its components and elements, or the third-party resources and services involved in its operation. Except for the right to use the Service in the terms indicated above, this License does not grant the Subscriber, or any Users associated with their account, any other right to the Service, its components, and elements, or any third-party resources and services.
- 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 the mandate.
- 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.
4. Subscriber Obligations
- The Subscriber expressly assumes the following obligations, both on their own behalf and on behalf of all Users associated with their account:
- to use the Service in full compliance with the terms and conditions set forth in this License; and
- to adopt all reasonably available measures to prevent any unauthorized use of the Service.
- Moreover, the Subscriber undertakes, both on their own behalf and on behalf of all Users associated with their account, to refrain, either themselves or through a third party, from realizing any of the following acts:
- modifying, adapting, translating, dismantling, decompiling, or in any other way manipulating the Service or any of its proprietary or third-party components and/or elements;
- copying or reproducing the Service or any of its proprietary or third-party components and/or elements, except to the extent that is strictly necessary for its normal operation, in accordance with its purpose and specifications;
- assigning, licensing, renting, leasing, loaning, transferring, or in any other way exploiting the Service, in whole or in part, either directly or through third parties, and not even temporarily; or
- disclosing, disseminating, or in any other way communicating the code and configuration of the Service or any of its proprietary or third-party components and/or elements, expressly acknowledging that they are protected by exclusive rights, and subject to due confidentiality.
5. Technical Support
- ALMA IT SYSTEMS will provide the Subscriber with remote technical support (by telephone, fax, email, or other similar means) regarding the use of the Service. However, technical support will only be provided to a Subscriber provided that their account has an active subscription at the time of the request.
- Any queries, questions, or requests for information relating to this License or the Service covered by it should be addressed to the technical support department or the contact person indicated for that purpose on the Service Website.
6. Exclusion of Guarantees
- ALMA IT SYSTEMS guarantees the Subscriber that the Service conforms to the specifications and functionality described in the documentation included with it. However, this guarantee does not extend to cases in which the operation of the Service occurs with non-substantial variations with respect to that indicated in the documentation.
- Except for the guarantee indicated in the previous paragraph, and in the terms thereof, ALMA IT SYSTEMS excludes any other guarantee with respect to the Service, whether express, implicit, or legal, and this exclusion includes, but is not limited to, guarantees concerning quality, satisfaction of needs, suitability for a specific purpose, accuracy, uninterrupted operation with no errors or defects, and in general concerning the use and benefit, which are not guaranteed, without prejudice to ALMA IT SYSTEMS’ commitment to dedicating its best efforts, professionalism, and diligence to improving the Service.
- Moreover, the Subscriber expressly acknowledges and accepts that ALMA IT SYSTEMS cannot control the conditions in which the Users associated with their account use the Service, such that the use of the Service on their part will be carried out under their sole risk and responsibility, fully assuming any defect generated concerning the quality, availability, scope, effectiveness, and/or, in general, the provision of the Service itself, derived from the respective conditions of use thereof.
- To file any guarantee claim, the Subscriber must contact ALMA IT SYSTEMS within a maximum of fifteen (15) days after detecting the Service defect subject of the claim, detailing the reason for their claim, and providing all information and/or documentation relating to it. In any event, if ALMA IT SYSTEMS deems this claim appropriate, at most it will be obliged, and at its sole discretion, to correct the corresponding Service, or to refund, in whole or in part, the subscription fee paid by the Subscriber.
7. Limitation of Liability
- The Subscriber expressly accepts that ALMA IT SYSTEMS shall not be liable, in any case and under any circumstances, for any damages and/or losses that could arise in relation to the use of the Service by the Subscriber or Users, including in the event of defective use or incapacity to access the Service. This limitation of liability extends to any damages and/or losses, whether material and/or personal damages, in the form of loss of profits or incurred damage, and/or direct, indirect, special, or incidental damages, including, but not limited to, the exclusion of liability to damages of a punitive nature (and in particular, injury, death, etc.), economic damages (loss of profits, loss of data, interruption of business, or any other type of damages of a commercial, economic or business nature), and damages and losses derived from any claims submitted by third parties; all of which is regardless of how the damages and losses may have occurred, and the grounds on which it is intended to base the attribution of liability.
- The Service is intended for use by healthcare professionals. Users should be accredited professionals, and in any event, shall use the Service under their own and exclusive medical responsibility. ALMA IT SYSTEMS shall in no case be liable for any damages suffered by the Subscriber, Users, and/or third parties, and the Subscriber and/or Users expressly waive any claim relating thereto, as a result of misuse or abuse of the Service (which in this particular chapter includes, but is not limited to, possible defects in the quality of images and medical content managed and stored by the Subscriber and/or Users, any diagnostic medical results, etc.), or due to failures or defects in equipment, devices, infrastructure, resources, and/or any third-party services (which includes, but is not limited to, failures of servers, Internet services, and data communication, etc.), as well as any damages caused by the introduction of viruses, worms, or any other type of malware or computing element that could prove harmful, being the responsibility of the Subscriber and Users to obtain and implement adequate protection tools in their systems in order to detect, protect against, and remove such threats.
- The aforementioned exclusions from liability shall apply to the extent permitted by the applicable legislation, and in any event, if liability attributable to ALMA IT SYSTEMS is deemed to exist, then this will be fully limited to no more than the amount of the subscription paid by the Subscriber.
8. Other Stipulations
- The terms and conditions of this License may only be modified subject to the prior express consent of ALMA IT SYSTEMS.
- In the event of any discrepancies in the interpretation of the terms of this License in different languages, then the Spanish version shall prevail over all others.
9. Jurisdiction and Applicable Law
- Spanish Courts and Tribunals shall have exclusive jurisdiction to hear and rule on any disputes related to this License, and all parties agree to submit to them, expressly waiving any other jurisdiction to which they may have recourse.
- This License shall be governed and interpreted in accordance with Spanish laws.