Terms of use

Terms of Use

This document was last updated on: 09/09/2024

This document constitutes and sets out the terms and conditions (the "Terms") under which Rapid Medicine GmbH, Seerosenstrasse 3, CH - 8008 Zurich, Switzerland ("we", "our" or "us") enables login, provides access to and allows use of the service available through the website "www.rapmed.net" (the "RapMed Service").

Agreement to the Terms and Conditions

By registering for, accessing and/or using the RapMed Service, you unconditionally agree to be bound and abide by the latest version of the Terms and our Data Protection Notice published on the RapMed Service's website and in the RapMed Service. The Terms and the Data Protection Notice can be modified by us at any time by publication on the RapMed Service's website and in the RapMed Service. The latest version of the Terms can be found at https://v1.rapmed.net/#/terms-of-use. The latest version of our Data Protection Notice can be found at https://v1.rapmed.net/#/data-protection-notice. If you do not agree with the Terms and/or our Data Protection Notice, you may not register for, access and/or use the RapMed Service.

If the expression "and/or" is used in the Terms, this shall mean "any or all of".

Description of the RapMed Service

The RapMed Service is an online resource for training and imaging. The RapMed Service offers a new e-learning infrastructure to complement theoretical training in medical imaging with practical cases. Examination images are made available via the RapMed Service for users to solve. The users work out the case-based solutions together by individually annotating the pathologies. A heat map that is calculated based on the annotations then shows the solutions that stand out most according to their frequency. This graphic annotation function is supplemented by a comment function. Through use, the interpretations become more and more accurate - the RapMed Service better and better.

The RapMed Service is available to registered users only and requires a user account. The user account enables users to access and use the RapMed Service. This includes accessing images, sessions and lectures, annotating cases, commenting and providing additional information, such as year of study, course, unit, location, educational institution. Users that are registered as teachers can also upload their own DICOM images, create their own lectures, measure how well other users understand the educational content and target their individual needs. The RapMed Service gives users that are registered as teachers insights about the time users need to solve specific cases and their confidence in doing so.

At present and until further notice, the RapMed Service is provided free of charge. However, in order to do so we depend on and will use the data generated when you use the RapMed Service, in particular your solution proposals, annotations and resolution times when solving a particular case, but also other data you provide, such as educational institution, location, year of study, course, unit, etc. We use this information to provide the RapMed Service itself, but also to further develop and improve the RapMed Service and its underlying technology and to develop new tools and technologies (notably by crowdsourced training machine learning algorithms).

Access to the RapMed Service

The RapMed Service is only accessible through the website "www.rapmed.net".

Access to and use of the RapMed Service requires a user account. Registration for user accounts can be made through the website "www.rapmed.net". At present, registration is open to any natural person who is at least 18 years old. Registrations for or on behalf of third parties are not permitted. We reserve the right to further limit access to the RapMed Service.

If we provide you with a user account and grant you access to the RapMed Service, access and use of the RapMed Service and any information, content and services provided therein is on the condition of acceptance of the Terms by you.

If you do not enter the information required for registration, we will not be able to, open, operate and maintain your account and grant you access to the RapMed Service.

It is in our sole discretion to provide you with a user account and grant access to the RapMed Service. We may, in our sole discretion, revoke your access at any time for any reason.

Intellectual Property

You obtain no right under the Terms to the RapMed Service, including without limitation any related intellectual property rights.

All content available on the website "www.rapmed.net" and the RapMed Service, including but not limited to text, taglines, images, graphics, details, documents, illustrations, user interfaces, visual interfaces, photographs, videos, audio, trademarks, logos, buttons, artwork, technology, computer code and all information accessible through or appearing or displayed on the RapMed Service (collectively "Content") and the underlying technology is owned, controlled, or licensed by or to us and/or our affiliates, or used by us and/or our affiliates with the authorisation of the respective owner, and is protected by applicable intellectual property and/or other laws. All trademarks, service marks and trade names (collectively "Marks), are trademarks or registered trademarks of us and/or our affiliates and/or other respective owners that have granted us and/or our affiliates the right and license to use such Marks.

Content is limited to personal and educational use of and within the RapMed Service only. Unless expressly authorised by our prior written permission, no Content may be used otherwise. In particular Content may not be modified, copied, printed, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way or to any other computer, server, website, service or other medium, or for any commercial or non-commercial use.

Any permission to use any Content is under the condition that the relevant copyright notice is displayed on all copies, that such items are only used for personal or internal business purposes, that they are not exploited commercially and that the Content is not modified in any way.

You retain ownership of any content created, provided and/or uploaded by you ("User Submissions").

You own and retain all right, title and interest in and to any data or content that you upload, store or process using the RapMed Service (hereinafter "Customer Data"), including all intellectual property rights therein.

By using the RapMed Service, you grant us a non-exclusive, royalty-free license to use, copy, store, transmit and display such Customer Data as necessary to provide and improve the RapMed Service.

You represent and warrant that you have all necessary rights and permissions to upload, store and process your Customer Data using the RapMed Service and that such Customer Data does not infringe or violate any third party rights or applicable laws.

You grant us and our authorized third parties the right to utilize fully anonymized Customer Data to improve existing and develop new products or services. You grant a non-exclusive, royalty-free, perpetual and irrevocable license for such usage. No personally identifiable information will be involved in this process.

We shall be the owner of any new data, insights, or AI models created by the RapMed Service through processing or analysis of Customer Data, provided that such new data, insights, or models do not contain or reveal any of your original Customer Data in a non-anonymized form.

Confidentiality

You shall keep in strict confidence any information and Content of the website "www.rapmed.net" and the RapMed Service that is of a confidential nature.

Use of the RapMed Service

You shall only use the RapMed Service for legitimate information, education and training purposes.

It is your responsibility to ensure that your User Submissions (especially DICOM images and other information) are legal and do not infringe the rights of third parties.

You shall not upload User Submissions unless they have been anonymised. Anonymisation means that the data subject is not or no longer identifiable. For your convenience we may provide a tool through the RapMed Service that removes personal data from DICOM images before being uploaded, however, we cannot ensure that this tool works in all cases and/or removes all personal data. using the tool does not relieve you from your obligation and responsibility to only upload anonymised user submissions and to verify that this is the case.

It is forbidden to use the RapMed Service, any of its Content or User Submissions in breach of the Terms. Especially:

- It is forbidden to use the RapMed Service, any of its Content and/or User Submissions for any purpose that is unlawful or prohibited or abusive or infringes the rights of third parties.

- It is forbidden to create User Submissions in, and/or provide or upload any User Submissions to the RapMed Service that are unlawful or prohibited or abusive or infringe the rights of third parties.

- It is forbidden to disclose personal data, e.g. name, address, profession, telephone number or e-mail address, of another person.

- It is forbidden to access the RapMed Service by any other means than through the provided interface. You agree not to use any device, software, routine or any means whatsoever to interfere or attempt to interfere with the proper working of the RapMed Service.

- It is forbidden to restrict or inhibit other users from accessing and using the RapMed Service.

If you are in breach of any of the Terms, your authorisation to access or use the RapMed Service automatically and immediately terminates.

We are not responsible for any User Submissions or other information you or other users provide. Users are generally liable for all activities conducted using their user account.

You understand and agree that we may use affiliates and/or third parties (such as, for instance, hosting service providers) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) and services to provide the RapMed Service.

We may, in our sole discretion and for any reason, stop, suspend, remove, modify any or all parts of the RapMed Service, Content, User Submissions or add new services (permanently or temporarily). Any new or modified services are subject to the Terms. Your continued use of the RapMed Service after any such changes constitutes your consent to the changes.

Except as otherwise expressly provided under the Terms, you shall have no right to transfer, assign, novate or sublicense any rights you may have as a user of the RapMed Service to any other person or entity.

No Offer

The Content on the RapMed Service or related services constitutes neither an offer nor an invitation nor a recommendation to purchase or sell products or services or to engage in other transactions. All Content on the RapMed Service is of a descriptive nature and for information, education and training purposes only.

Data Protection and Right to Use Data

We process any personal data in accordance with our current Data Protection Notice which can be found at https://v1.rapmed.net/#/data-protection-notice.

We process the information you provide upon opening an account, or when you contact us, to respond to you or contact you from time to time in connection with this website and the RapMed Service and your use thereof either directly or through third parties. You may in particular be contacted for security reasons, notably in case of any (suspected) breaches or threats. We also process personal data to communicate with you in relation to any concerns you may have.

By using the RapMed Service and entering and submitting your information you acknowledge and agree that we notably process data for the following purposes for which we have a legitimate interest and/or which are necessary for the performance of these Terms of Use:

- We process the information entered by you upon opening an account or at a later time to open, operate, maintain and close your customer account, manage operate and maintain the RapMed Service, manage and grant access to specific areas and parts of the RapMed Service.

- We process personal data in relation to your use of the RapMed Service, in particular your solution to a given problem and the time it takes you to solve the problem in order to be able to provide and further develop and improve the RapMed Service and its underlying technology and develop new tools and technologies (notably by crowdsourced training machine learning) for commercial and non-commercial use.

- We process personal data in relation to your use of the RapMed Service to let some or all other users of the RapMed Service see your solution, resolution time, annotations and comments, and to provide statistics thereof.

You may withdraw your consent to the collection, processing and storage of personal data at any time. Such withdrawal is only valid for the future and will not affect the lawfulness of the processing carried out on the basis of consent before your withdrawal or the lawfulness of processing that is carried out on other legal bases.

Cookies

We use so-called "cookies" on the website "www.rapmed.net" and the RapMed Service. We process cookies in accordance with our current Data Protection Notice which can be found at https://v1.rapmed.net/#/data-protection-notice.

Security

We deploy technical, contractual and organisational security measures to protect the information you have made available from being manipulated, lost, destroyed or accessed by unauthorized persons. Where personal data is being collected and processed through the website "www.rapmed.net" and the RapMed Service, the information will be transferred in encrypted form in order to prevent misuse of the data by a third party.

Our security measures are continuously reviewed and revised in line with the latest technology.

It is your responsibility to maintain the confidentiality of any passwords and to report to us if your password is lost or stolen, or if there is any change in authorisation or access for use of your password or the RapMed Service. You agree that you will not disclose your password to any other party.

Disclaimers

The RapMed Service and the Content and User Submissions accessible through the RapMed Service are provided on an "as is" and "as available" basis. Access and use of the RapMed Service and reliance on the RapMed Service and its Content is at your sole risk.

We disclaim any and all representations or warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties of title, accuracy, non-infringement, merchantability or fitness for a particular purpose. In particular, we do not represent or warrant that (i) the RapMed Service, its Content and/or User Submissions will meet your requirements or expectations or are fit for a particular purpose or use, (ii) the RapMed Service, its Content and/or User Submissions will be delivered, uninterrupted, timely, secure, virus or error-free, (iii) the results that may be obtained from the use of the RapMed Service, its Content and/or User Submissions will be accurate or reliable, (iv) any errors or defects in the RapMed Service, its Content and/or User Submissions will be corrected, (v) the RapMed Service, its Content and/or User Submissions cannot be tampered with by third parties.

We assume no obligation to update or continue to provide the RapMed Service or any of its parts and reserve the right to make changes and corrections to the RapMed Service at any time without notice.

The RapMed Service is hosted in the European Union and we make no representation that the RapMed Service, its Content or User Submissions are appropriate or available for use in a certain country, or that access to them will be available from territories where their contents may be illegal or prohibited. You are responsible for compliance with applicable local laws, including but not limited to possible export and import regulations.

As a convenience to you, the website "www.rapmed.net" and the RapMed Service may contain links to other sites on the internet that are owned and operated by third parties. Even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection and processing practices. We are not responsible for the third party's independent policies or actions and we are not responsible for the privacy practices or the content of such websites. Access to these linked sites are at your own risk. We make no representations as to the quality, suitability, functionality or legality of any sites to which the website "www.rapmed.net" or the RapMed Service may provide links. We assume no responsibility for the content of linked websites or for their data protection standards.

Your sole remedy in any event is to stop using the RapMed Service.

Limitation of Liability

Except where explicitly required by applicable mandatory law, in no event shall we or any of our affiliates and their respective employees, officers and directors be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, liability or injuries whatsoever, whether foreseeable or not, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or services, or other intangible loss, arising out of or relate

Indemnity

you agree to defend, indemnify and hold us, our affiliates, agents and each of their respective employees, officers and directors, and the successors and assigns of each of the foregoing (the “indemnified parties”) harmless from any demands for loss, liability, claims or expenses (including attorney's fees), made against any of the indemnified parties by any third party due to or arising out of or in connection with your access and use of your user account, the rapmed service, the content and/or user submissions (especially if your user submissions infringe third party rights or if they are not anonymised).

Modification of the Terms

We reserve the right, in our sole discretion, to update or modify the Terms at any time without notice. Such updated or modified Terms shall become effective immediately upon posting. It is your responsibility to regularly check the Terms for updates or modifications. Your access to and use of your user account and the RapMed Service after updates or modifications have been made to the Terms will constitute your acceptance of the updated or modified Terms.

Termination

We reserve the right, in our sole discretion and for any reason, to immediately, with or without notice, suspend or terminate the Terms, your ability to access and use your user account and/or the RapMed Service.

You may delete your user account at any time.

Please note that we will automatically delete your user account if you do not log in for a period of 24 months.

Assignment

We have the right, without requiring your approval, to assign, novate, subcontract or otherwise dispose of any or all of our rights and/or obligations under the Terms or any part hereof.

Partnership and Agency

Nothing in the Terms shall be construed as constituting, creating or otherwise giving effect to a joint venture, formal business organisation of any kind or a partnership ("einfache Gesellschaft") between you and us in the sense of articles 530 and following of the Swiss Code of Obligations, or as constituting either you or us as the agent of the other for any purpose whatsoever.

Severability

If any court or administrative body of competent jurisdiction holds any provisions of the Terms invalid or unenforceable, (i) the remaining provisions of the Terms will not be affected in that jurisdiction and; (ii) the validity or enforceability of that or any other provision of the Terms will not be affected in other jurisdictions.

Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Applicable Law and Venue

The Terms shall be governed by and construed in accordance with the laws of Switzerland without regard to its principles on conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

You agree to submit to the exclusive jurisdiction of the competent courts of Basel, Switzerland, for the resolution of all disputes arising from or related to the Terms including but not limited to your access to and/or use of your user account and the RapMed Service.