These terms and conditions (“Terms”) govern your participation in and use of the Deepscope app (“the App”) and any other app, website or web pages or other electronic services operated by Deepscope Limited (“the Services”). These Terms set out the terms of your relationship with Deepscope Limited (“we”, “us” or “Deepscope”). Please read these terms carefully as they affect your rights and obligations under the law.
If you do not agree to these Terms in full, please do not register with us or use the Services.
Please also see our Privacy and Data Protection Policy for information about how we collect and use any data you enter into our system.
1.1 Deepscope, through its App and Services provides tools for developing, creating and sharing medical simulations (“Simulations”). Simulations are based on based on scans and other medical imaging data (“Scans”). Our Services also include the use and creation of algorithms which convert Scans into Simulations.
1.2 The Services are operated by Deepscope Limited (“we” or “us”) and use of our Services is open to professionals and other users, subject to these Terms. . If you wish to sponsor a simulation or provide content in the context of marketing or promotion then separate terms will apply.
1.3 These Terms will apply to all users whether registered or not (“you” or “users”).
1.4 Different levels of registration or subscription may apply, whichever level of registration or subscription you choose you will be bound by these Terms.
1.5 Please note that these Terms may be amended from time to time. Notification of any changes will be made by posting new terms onto the Services. In continuing to use the Services you confirm that you accept the then current Terms in full at the time you use the Services.
2. Registration and Subscription
2.1 Use of certain Services may require registration. We may allow initial access to the Services without registration but we reserve the right to withdraw access without registration at any time.
2.2 We are not obliged to permit anyone to register with the Service and we reserve the right to refuse registration to anyone for any reason.
2.3 Users of the App can access and comment on some Simulations Users of the App may also be able to create Simulations or algorithms but this will be limited to registered Users.
2.4 Our Services also allow organisations and users to create their own Simulations or algorithms for others to access and comment on. Our Services also facilitate the creation of new Simulations and algorithms but creation of Simulations may require separate registration and/ or access to our desktop applications and websites.
2.5 We reserve the right to add or remove services and functionality from any registration or subscription type or to add or remove registration or subscription types. We also reserve the right to change our subscription periods. When we change our subscription types or subscription periods you will be entitled to keep your existing subscription until the end of your then-current subscription period and at the end of that period you will be required to subscribe on the new basis.
2.6 We may offer a free trial period during which we allow you, for a limited period, to access functionality which is usually only available to subscribers. Once a trial period ends if you do not take out a subscription we reserve the right to withdraw your access to the Service. We may, at our sole discretion, extend or withdraw any trial period. Trial periods are offered strictly at our discretion and we may reduce the period or change the terms of any trial period we offer at any time.
2.7 Your subscription will last for the agreed subscription period. Unless you expressly request otherwise we will send you an email towards the end of your subscription inviting you to re-subscribe and unless you opt not to re-subscribe we will be entitled to charge your debit or credit card with the subscription fees for the next subscription period.
3. Data Protection
3.1 When you register with the Services we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy and Data Protection Policy which can be seen here
3.2 If you create a Simulation or comment on any Simulation or otherwise use our Services are not permitted to refer to any patient by name or provide any personally identifiable information relating to any patient (that is any information which may allow a patient to be identified). Any scans uploaded to the Service should be redacted to remove any personal information.
3.3 You agree that all information supplied on registration will be kept up to date at all times. We will use the information provided to us to contact you. You are required to provide us with such information as we may request which may include your name, email address, telephone number (for authentication), profession, country of residence, grade and professional registration details, job title, your employer or institution and such other information as we may reasonably request.
3.3 If we have reason to believe that there is likely to be a breach of security or misuse of the Services or the App through your account or the use of your password, we may notify you by telephone or email and require you to change your passwords on our system and with your other suppliers, or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Services.
3.4 You are not entitled to allow any other person to use or borrow your log in or profile, any additional user must register separately.
4. Use and Abuse of the Services
4.1 Please note that the Services are strictly for general information and professional education purposes only. The Services are not intended for use with patients and current real-life cases, and you must not use the Services as a diagnostic tool or for the purposes of any patient treatment. We will not be liable for any use of the Services for the purposes of patient treatment or diagnosis. While we take reasonable efforts to ensure that any Simulations and algorithms created by us are accurate we cannot guarantee that any Simulation or algorithm or other educational or informational content is error-free. We will not be liable or responsible for the accuracy of any user generated content.
4.2 Any information published on the Services by you will be your personal responsibility. You will be personally liable for claims relating to negligence, defamation, breach of intellectual property, privacy or any other claim arising from your content.
4,3 You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Services we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Services and terminating your registration.
4.4 You agree that you will not:
• solicit log-in information or access an account belonging to someone else;
• bully, intimidate, or harass any user of the Services;
• do anything illegal, unlawful, misleading, malicious, or discriminatory using the Services;
• do anything to suggest, express or imply that statements made by you are endorsed by us;
• impersonate any other person whether or not that other person is a user of the Service.
4.5 We also reserve the right at our discretion to remove any content from the Services, terminate your registration and/or subscription and restrict your access to our services at any time for any reason.
4.6 In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Services.
4.7 If you come across any offensive, inaccurate or damaging material on the Services or if you are subject to any form of abuse or harassment we ask that you contact us immediately.
4.9 You agree not to upload any files or post or publish any on the Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s device.
5. Advertising and Commercial Use
5.1 Users of the Services are not entitled to directly advertise to or solicit the custom of other users without our express written consent. We may invite sponsors but any sponsorship will be subject to separate terms.
5.2 You are not entitled to resell or commercially exploit the contents of the Services. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
6. Our Liability
6.1 We will operate the Services with the reasonable skill and care of an online service provider. Services provided do not extend to detailed monitoring or supervision of content, comments or communications between users of the Services.
6.2 From time to time it may be necessary to suspend access to the Services for a period of time and any such interruptions shall not constitute a breach by us of these terms. Our liability to you for breach of contract will be strictly limited to the subscription price actually paid by you to us.
6.3 We will not be liable for any a) business loss; b) financial loss; c) economic loss; d) consequential loss; e) indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Services whether such loss is incurred or suffered as a result of our negligence or otherwise.
6.4 We will not be liable for any use of the Services other than for general information and educational purposes.
6.5 We will not be liable for any breach of the Data Protection Act 2018, the General Data Protection Regulation or any other applicable legislation relating to the protection of personal data in the event that you disclose personally identifiable information relating to any patient or third party.
6.6 We will not be liable if content you have posted and stored on the Services is lost, corrupted or damaged.
6.6 Our total liability to any user (subject to clause 6.7) is limited to a maximum amount equal to the higher of a) £5,000 and b); the total charges paid by such user in the previous 12 months.
6.7 Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.
7. Cancellation and Termination
7.1 If you wish to cancel your registration, please notify us and we will delete your registration. Posted content will remain available on our Services following termination of your registration.
8. Intellectual Property and Licence
8.1 If you have downloaded a copy of our App, then subject to your agreement to these Terms we hereby grant a non-exclusive, non-transferable licence to download a copy of the App to such devices as are personally used by you and to use the App for your personal purposes. You may also take back-up copies of the App for personal use. We reserve the right to terminate this licence if you are in breach of these Terms. You may not transfer this licence.
8.2 You may not use, copy, modify or transfer the App or any materials or documents we have supplied to you except as expressly set out in these Terms. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the App, except as expressly permitted by law.
8.3 By providing content for distribution by our Services you expressly grant us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the Services to you.
8.4 The format and content of the Services is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Services.
8.5 The App and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the App without our express written consent.
9. Notice and Take-Down
9.1 We will make all reasonable efforts to delete accounts which are being used in breach of our Terms and to identify and remove content that is defamatory or infringing on intellectual property rights or otherwise in breach of our media policy when we are notified but we cannot be responsible if you have failed to provide the relevant information.
9.2 In the event that you believe that an account is being used in an inappropriate manner or that any Content which is distributed using the Service is defamatory or infringing on intellectual property rights you should notify us in writing either by email to firstname.lastname@example.org including the following:
• Your full name and contact details, including postal address, telephone number and e-mail address;
• The location where the defamatory or infringing content appears;
• The content that you believe is defamatory or infringing on intellectual property rights;
• The reasons that you believe the content is defamatory or infringing on intellectual property rights;
• A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
• A signed declaration truth in respect of the information in the notice.
9.3 Any statement made under this clause may be used in court proceedings.
10.1 You shall comply with all foreign and local laws and regulations which apply to your use of our Services in whatever country you are physically located.
10.2 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
10.3 If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
10.4 We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
10.5 We may make changes to the format of the Services or the App’s content at any time without notice.