Terms of Service
This is a legally binding contract. Please make sure you read it, because it is important. These terms of service were last updated on: May 29, 2022.
1. Definitions
We use some shorthand to make these terms of service easier to read:
· “User”, “you” or “your” means (i) you, in your personal capacity (if you are licensing the Services or the Software for your personal use); or (ii) the corporation, institution, partnership, organization or other entity on whose behalf you (as an individual) are acting.
· “PixaMed”, “Pixameter”, we”, “us”, or “our” means Pixameter Corp., incorporated in Delaware and existing under the laws of the USA.
· “parties” means you and us.
· “terms” means these Terms of Service.
· “Software” means any downloaded platform or software applications (such as smartphone or web applications) we license to you to access the Services, including “PixaMed app”, “Pixamed Web”
· “Services” means the services accessible through the Software, including our visual analysis, collaboration, technical support, and remote assistance services.
· “your account” means the user account that you create in order to use the Software or the Services.
· “your content” means any text, graphics or other material which you post, upload, or otherwise share on or through the Software or the Services.
· “PixaMed content” means any text, graphics, sound, video, trademarks, service marks, logos, taglines, trade names and other material owned by us or our licensors and made available or accessed through the Software or the Services.
· “software license” means the license we grant you to use the software set out in Section 5 of these terms.
· “purchase terms” means an on-line purchase process through the Software, the Services, or other purchase made pursuant to a master agreement, purchase order, other on-line purchase process, or other written document in respect of the Software or Services.
· “our representatives” means us and our business partners, licensors, agents, content providers (not including you), service providers, employees, officers, directors and representatives.
2. Accepting these terms
Please read these terms before using the Software or any Services. If you do not agree to these terms, do not use the Software or the Services. When you use the Software or the Services, you represent and warrant (effectively, a promise to us) that you have the legal capacity to form a binding contract between you and us. You agree that these terms, and any related information and communications between you and us, may be made available or occur electronically.
These terms were last updated, and are effective as of, the “Updated” date indicated above. Use of the Software or the Services in the future may require you to agree to a new version of these terms that has been amended or modified by us in our sole discretion.
All rights not expressly granted by these terms are reserved to us, or, if applicable, our licensors.
3. No medical advice
All information contained in and produced by PixaMed is provided for decision support purposes only. THIS INFORMATION IS NOT INTENDED TO REPLACE CLINICAL JUDGMENT FOR PATIENT CARE in any manner. ANY AND ALL INFORMATION RENDERD MUST BE VALIDATED BY A LICENCED AND QUALIFIED MEDICAL PROFESSIONAL BEFORE CONSIDERATION FOR ANY USE.
The User is hereby notified that the information contained herein may not meet the user's needs. The User is advised that, although the information is derived from medical research and literature we cannot guarantee either its correctness, comprehensiveness or currency. The User of this software assumes sole responsibility for any decisions made or actions taken based on the information contained in PixaMed.
Neither Pixameter, the system's authors nor any other party involved in the preparation, publication or distribution of PixaMed shall be liable for any special, consequential, or exemplary damages resulting in whole or part from any User's use of or reliance upon this system and the information contained within.
Pixameter disclaims all warranties regarding such information whether express or implied, including any warranty as to the quality, accuracy, currency or suitability of this information for any particular purpose.
Pixameter and the system's authors, developers and distributors assume no responsibility for any erroneous results due to defects in PixaMed. ACCESS TO AND USE OF PIXAMED IS PROVIDED WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. In no event shall Pixameter be liable for special, direct, indirect or consequential damages, charges, claims, costs, demands, losses fees or expenses of any nature or kind arising from use of the PixaMed program .
By using PixaMed Program, documentation and/or any software found therein, the User agrees to abide by United States and International copyright laws and all other applicable laws involving copyright.
4. Privacy
We respect your right to privacy. All information that we may collect via the Software or the Services is subject to our privacy statement, which is incorporated by reference into these terms and can be viewed at
www.pixamed.com/privacy-policy
5. Permitted users, licenses and compliance with laws
In order to use the Software or Services (and to create your account), you must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside.
The Software and the Services are intended for use in United States, Canada and the United Kingdom only, however, we make no representation or warranty (effectively, we offer no promise) that the Software or the Services are appropriate or available for use in or from any particular location, whether in United States, canada, the United Kingdom or elsewhere.
Accessing the Software or the Services from locations where its contents are illegal is prohibited, and if you breach this prohibition you are solely responsible for any consequences of doing so, and for complying with all applicable laws, including export and import regulations and intellectual property laws of other countries.
Any diversion of the services and/or any content obtained from or through the Software or Services contrary to Canadian and/or United States laws is also prohibited.
Subject to these terms (including any purchase terms, if applicable), you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to download, load, initiate, execute, run, display, view, use and operate on an applicable device the Software solely for informational purposes. By downloading, installing or using the Software, you agree to comply with all applicable laws and regulations, including those that may govern use of the Software or the Services, or that relate to intellectual property rights, privacy, international communications and the transmission of technical or personal data. You also agree to respect all applicable third party rights.
If you are licensing the Services or the Software for your personal use, you may only use the Software and the Services on your own behalf and for your own personal use. If you are licensing the Services or the Software on behalf of a corporation, institution, partnership, organization or other entity, you may only use the Software and the Services on behalf of, and for the internal purposes of, that entity
Use of the Software and the Services may require Internet and data access for which you shall be responsible and subject to your Internet access provider terms and conditions of use. In no event shall Pixameter be liable for any Internet or data access fees or other charges incurred by you in connection with your use of the Software or the Services. Any such fees and charges shall be your sole responsibility.
The Software and the Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Pixameter is not responsible for any delays, delivery failures, or other damage resulting from such problems.
6. Use restrictions and prohibited conduct
The Software and the Services are designed to permit the sharing of information; as such, we have some rules which you must adhere to when using the Software and/or the Services. You agree not to do any of the following:
Threaten other users with violence;
Use hateful, abusive, harassing, libellous, or obscene language towards other users.
Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
Copy any of PixaMed content onto your own or any other website;
Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation or these terms;
Use the Software or the Services to send spam, chain letters, junk mail, or any other type of unsolicited mass e-mail;
Use the Software or the Services to distribute viruses or other harmful, disruptive, or destructive files;
Use the Software or the Services in violation of Pixameter’s or any third party's intellectual property or other proprietary or legal rights;
Use or attempt to use another person’s account;
Disrupt or interfere with the security of, or otherwise abuse, the Software or the various Services, or any servers or networks connected to the Software or the various Services;
Attempt to obtain unauthorized access to the Software or the Services;
Impersonate another person;
Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
Systematically harvest data from the Software or the various services, or programmatically register accounts on the software or the various services;
Access the Software or the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
Modify or make derivative works based upon the Software or the Services , or any portion thereof;
“Frame” or “mirror” any PixaMed content on any other server or wireless or Internet-based device;
Reverse engineer or access the Software or the Services in order to (a) build a competitive product or Service, (b) build a product using similar ideas, features, functions or graphics from the Services, or (c) copy any ideas, features, functions or graphics from the Software or the Services;
Rent, lease, lend, sell, redistribute or sublicense the Software;
Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); or
Engage in any commercial or promotional distribution, publishing or exploitation of the Software.
You further agree that you are responsible for your actions in relation to the Software and the Services, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from United States as set forth in Section 4 above; and that you will comply with all applicable local, municipal, state, provincial, national and international laws and regulations, including those related to privacy, data collection, and e-mail creation and delivery.
7. Your account
Certain services provided through the Software or the Services may only be available to you upon registration for your account. By registering, you represent and warrant to Pixameter that: (a) you are 18 years of age or older and of at least the age of majority in the jurisdiction where you reside as of the time you register with Pixameter; (b) all information provided by you to Pixameter during the registration process is truthful, accurate and complete; and (c) you will comply with all terms and conditions of these terms.
As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.
We and our service providers will rely on the information you provide. You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via the Software or the Services.
You acknowledge that you are solely responsible for maintaining the confidentiality of your account password and any identifier code associated with your account, and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your account or access to your content. You agree to immediately notify us of any unauthorized use of your account. Similarly, you are responsible for verifying and maintaining the protection, security, and distribution of your account information, including account numbers, user names, and passwords.
You can cancel your account at any time by doing so from your account settings page. Retrieval is possible within 30 days of canceling by sending an e-mail to support@pixameter.com. You must include the account user name in this e-mail and will be required to enter your password upon signing in. If you delete your account, your content will be rendered anonymous. However, if any of your content is linked to another user account through the use of an identifier code, that content will not be rendered anonymous until all user accounts who are so linked have been deleted.
If a user does not log-in to his or her account for 2 years, that account will be deleted and the content will be anonymized as described above.
8. Disclaimers
No data transmission over the Internet can be guaranteed to be 100% secure and as a result, we cannot ensure or warrant the security of any information you transmit to us. THE SOFTWARE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR REPRESENTATIVES CANNOT AND DO NOT GUARANTEE AND DO NOT MAKE ANY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE SOFTWARE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY ACCESS TO, USE OF, MODIFICATION TO OR RELIANCE ON THE SERVICES, SOFTWARE, OR CONTENT PROVIDED THEREIN IS AT YOUR OWN DISCRETION AND RISK.
You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to your use of the Services or the Software, your breach of these terms, your violation or infringement of the rights of others, or your violation of any applicable civil or criminal law. We and our representatives disclaim any and all responsibility and liability regarding all such matters. You further agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Software and the Services, and that you will comply with all applicable law in respect of same. We may investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including your personal information) regarding your usage of the Software and the Services in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.
Certain links on the Software and the Services may take you to other websites. We are not responsible for the content of any such linked pages and we make no representation or warranty regarding, and do not endorse or approve, any linked websites, the information appearing thereon, or any of the products or services described. Your use of any such linked website is at your own risk.
9. Right to terminate
We may at any time without notice or liability decide to alter, amend, modify, or terminate the Software and the Services, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the Software or the Services or any portion or functionality of it will continue to operate or be available for any particular period of time, including removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, the Software or the Services. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Software or the Services at any time without notice, but confirm that we have no duty to do so.
If you breach any provision of these terms, then you may no longer use the Software or the Services and you may have your account canceled. We, in our discretion, shall determine whether these terms have been violated.
We or our service providers may at any time and for any reason, with or without cause, and in our or their sole discretion, immediately suspend, restrict, qualify or terminate your authorization to use the Software or the Services in whole or in part, all without any prior notice or any liability to you or any other person, and you agree to comply with all such measures.
10. Contact us
If you have any questions, complaints or claims in respect of the Software or the Services, we can be reached by e-mail at support@pixametr.com
