General Terms and Conditions (GTC) for the use of cureator.cloud from SOHARD Software GmbH

1. Provider and scope of application

The following General Terms and Conditions (GTC) govern the use of the likation cureator.cloud web application operated by SOHARD Software GmbH (hereinafter referred to as the “Provider”) for storing, viewing, analyzing and exchanging DICOM data.

• Provider: SOHARD Software GmbH, Würzburger Str. 197, 90766 Fürth, Germany
• Managing Directors: Peter Feltens, Sebastian Schnitzenbaumer
• Contact:
  • Phone: +49 (0)911 / 97341 – 0
  • E-mail: info(at)sohard.de

• Register court: Fürth, HRB 11478
• VAT ID No.: DE 260329134

These GTC apply to all contracts concluded between the provider and the users of the likation web application, in particular for medical professionals and teaching staff, researchers, students, institutes and clinics.

2. Conclusion of contract and registration

The contract for the use of the web application is concluded upon confirmation of registration by the provider. The user must register for this and follow the instructions contained in the registration e-mail to verify his e-mail address. Access to the web application is only activated after successful verification. The following information is mandatory when registering:

• First name
• Surname
• E-mail address

Optional details are:

• Name of the clinic/institution
• Professional or academic status
• Field of work, field of study or field of research
• Specialization

3. Use of the web application

The web application may only be used for medical analysis, research, learning and teaching purposes. Commercial use is expressly prohibited. DICOM data may only be shared anonymously via the web application. The user is responsible for ensuring that the person being treated cannot be identified from the data.

4. Data protection and data processing

The provider collects and processes personal data in accordance with the privacy policy, which can be viewed separately. The uploaded DICOM data is stored exclusively for the use of the web application. The data is stored indefinitely for as long as the user uses the web application. The provider shall ensure that the data is protected by technical and organizational measures, in particular by encryption and access restrictions. The data may only be accessed by the user himself. If the user shares DICOM data with other users, he is obliged to ensure that this data is anonymized. After termination of the user account, the data will be irrevocably deleted within 14 days.

5. Contract term and termination

The contract of use runs indefinitely as long as access to the web application is free of charge. The user can terminate the contract at any time by sending an informal declaration by e-mail to the provider. Upon termination, the user account and all associated data will be irrevocably deleted. As long as the web application is used free of charge, there is no statutory right of withdrawal.

6. Liability and warranty

The web application is currently in the beta phase. The provider therefore provides no guarantee that the web application will function properly or that the service will be available. Technical faults, data loss or temporary unavailability of the web application may occur. The provider is only liable for damages caused by intentional or grossly negligent behavior. Any further liability, in particular for indirect damage, loss of data or loss of profit, is excluded. The web application is not a medical device within the meaning of Regulation (EU) 2017/745 on medical devices or the Federal Food, Drug, and Cosmetic Act (FD&C Act) in the USA and is therefore not subject to the relevant regulatory requirements. The web application is for analysis, learning and teaching purposes only and does not provide any diagnostic tools. It is not a substitute for professional medical advice or treatment. The provider is not liable for damage to life, body or health resulting from the use of the web application, unless such damage is due to intentional or grossly negligent behavior on the part of the provider. In particular, the provider accepts no liability for incorrect evaluations, interpretations or analyses of medical data generated or made possible by the web application. The web application is not intended for use as a diagnostic tool in the medical sense and does not meet the requirements of Regulation (EU) 2017/745 or the FDA regulation (21 CFR Part 820). The responsibility for the proper use of the web application and the evaluation of the results lies exclusively with the user. The provider expressly points out that decisions based on the use of the web application may only be made by qualified medical professionals.

7. Obligations of the users

The user is granted a non-exclusive, non-transferable right to use the web application for the contractually agreed purposes. Passing on the content to third parties is not permitted. When using the web application, the user is obliged to observe all statutory provisions, in particular copyright and data protection law. Responsibility for copyright infringements or data protection violations lies solely with the user. DICOM data may only be shared in anonymized form so that no conclusions can be drawn about the person being treated. In the event of breaches of these obligations, the provider reserves the right to block the user’s access, delete the user account and, if necessary, assert claims for damages.

8. Monetization and payment models

After completion of the beta phase, the provider reserves the right to convert the web application into a fee-based license model. This can be done through monthly or annual subscriptions for additional storage space or an increased number of uploadable cases. Special licenses are also provided for institutes and clinics. The user will be informed in good time about changes to the payment conditions via the website. There is no automatic conversion from a free to a paid model. The user must expressly agree to the introduction of a fee-based model and must then enter their payment details. Discounts or special conditions for certain user groups can be granted on request. Users who registered during the early beta test phase of the web app will receive special discounts when switching to the paid license model. These can take the form of extended free usage or an extended usage quota. For example, beta testers could be provided with additional cloud storage or an increased number of uploadable cases free of charge. The exact scope of these benefits will be communicated to beta testers in good time and automatically activated on their accounts. Beta testers will be given preferential treatment when the license model is introduced.

9. Final provisions

The place of jurisdiction for all disputes arising from or in connection with this contract is Fürth, Germany. German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The user shall be notified of changes to these GTC at least two weeks in advance. The user has the right to terminate the contract before the changes come into effect.