3Decg Leads Terms and Conditions

Effective date: 3rd of February, 2019

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between DIPOLE MEDICAL S.R.L., having a registered business address at Cuza Voda 31 apt. 7, Oradea, Bihor, Romania (“we”, “us”, and “our”) and an individual user or entity (“you” and “your”) accessing and using the mobile application “3Decg Leads” (the “Application”) and the related website http://3decgleads.com (the “Website”) (collectively, “3Decg Leads”).

By using 3Decg Leads, you agree to be legally bound by these Terms. If you do not agree with one or more provisions of these Terms, please do not use 3Decg Leads or contact us to express your concerns.

1. GENERAL INFORMATION

1.1 About 3Decg Leads. The Application is a 3D mobile application to be used in a clinical setting that provides reference for the placement of electrocardiogram (ECG) wires. The Application may also be used by medical doctors in training for the purpose of assisting in the interpretation of ECG. The Application is compatible with iOS operational system and available for download via the Apple App Store. The Website provides information about the Application.

1.2 Fees and payments. The Application is provided for a flat fee indicated in the Apple App Store. The fee is subject to change without a prior notification. All payments related to the Application are processed by the Apple App Store. Please consult the Apple App Store for more information regarding the fees and payments applicable to the Application.

1.2 Minors. 3Decg Leads is not marketed to and should not be accessed and used by persons under the age of 18.

1.3 Warning. The Application contains computer-generated images that may feature partial nudity and internal organs (e.g., display of a cut of a human body). Please note that such images are provided solely for medical training purposes and they should be used only for those purposes, in-line with the applicable laws

1.3 License to use 3Decg Leads. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use 3Decg Leads pursuant to these Terms.

1.3 Your representations. By using 3Decg Leads, you represent and warrant that:

  • You will not use 3Decg Leads in a way that violates any applicable laws;
  • You are at least 18 years old; and
  • You will use 3Decg Leads only in accordance with these Terms.

1.4 Disclaimer. Although we regularly monitor the information available on 3Decg Leads and we rely on scientific medical literature, we do not guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on 3Decg Leads. Please exercise your own skill and care when using 3Decg Leads, especially when performing medical procedures. PLEASE CONSULT A CERTIFIED HEALTHCARE PROVIDER BEFORE PERFORMING ANY PROCEDURES PROVIDED BY THE APPLICATION. We strongly advice you to discuss any information available on the Application with a certified healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of the information available on the Application.

1.5 Support. Any requests for customer or technical support should be addressed to info@3decgleads.com .

1.6 Other relevant terms. Other document that includes important provisions regarding your use of 3Decg Leads is our Privacy Policy available at Privacy Policy (the “Privacy Policy”) and other terms and conditions made available on 3Decg Leads.

2. PRIVACY

We are committed to protecting your right to privacy and complying with applicable data protection laws, including the Romanian Data Protection Law No. 129/2018 and the EU General Data Protection Regulation (GDPR). Therefore, before using 3Decg Leads, you are strongly encouraged to review our Privacy Policy available at Privacy Policy, which explains in detail our practices and procedures for collection and processing of your personal data through 3Decg Leads.

3. USER ACCOUNT

To use the Application, you are not requested to sign up. However, in order to use the full functionality of the Application (e.g., to receive updates and information about new features of the Application, complete surveys, and get our special offers), you are required to sign up and create a user account (the “User Account”). When creating the User Account, you acknowledge and agree to provide us with true, current, complete, and accurate personal data.

4. MARKETING AND INFORMATIONAL NOTICES

4.1 From time to time, if you sign up on the Website, we will send you messages, such as newsletters, brochures, promotions and advertisements informing you about our new services or requests to participate in surveys. Please note that you will receive such marketing messages and requests to participate in surveys only if:

  • We receive your express (“opt-in”) consent through the sign up form available on the Website; or
  • We decide to inform you about our new services that are closely related to the services already used by you.

4.2 You can opt-out from receiving marketing messages and requests for surveys at any time free of charge by clicking on the “unsubscribe” link contained in any of the messages sent to you or contacting us directly.

4.3 From time to time, we may send you informational notices, such as service-related, technical or administrative emails, information about 3Decg Leads, your privacy and security, and other important matters. Please note that we will send such notices on an “if-needed” basis and they do not fall within the scope of direct marketing communication that requires your prior consent.

5. PROHIBITED USE

5.1 You are not permitted to use 3Decg Leads in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

  • Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
  • Fraud;
  • Provision of false, inaccurate, or misleading information;
  • Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
  • Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
  • Spreading ethnically, racially, or otherwise objectionable information;
  • Sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior;
  • Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
  • Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening 3Decg Leads;
  • Interfering with or abusing other users of 3Decg Leads;
  • Using bots and other automated methods; or
  • Collecting and disclosing any information about other users of 3Decg Leads.

6. INTELLECTUAL PROPERTY

6.1 Most of the content made available on 3Decg Leads is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties.

6.2 You are allowed to copy, distribute, create derivative works of, and make available the text and images provided through the Application only if:

  • Such content is copied, distributed, and made available for non-commercial purposes; AND
  • You provide the source of the shared content; AND
  • You do not remove any available watermarks indicating our ownership.

6.3 You are not allowed, without obtaining prior written authorization from us, to:

  • Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our Content; and
  • Distribute, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties.

6.3 Third-party intellectual property. Some of the trademarks and other intellectual property featured on 3Decg Leads may be owned by third parties (e.g., social media providers). Such third-party intellectual property does not belong to us and it remains the sole property of the respective third party proprietors.

6.4 Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available through 3Decg Leads violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content (our contact details are indicated in Section 16 of the Terms). We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you SIGN it and include the following information:

  • Identification with sufficient detail of the copyrighted work that you believe has been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  • Your contact details allowing us to respond to your claim;
  • The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
  • The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.

7. AVAILABILITY

We put reasonable efforts to ensure that 3Decg Leads is always accessible to you. However, the availability of 3Decg Leads may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or Force Majeure events. We take no responsibility for the unavailability of 3Decg Leads caused by such factors

8. THIRD-PARTY LINKS

3Decg Leads may contain links to websites and other online sources owned by third parties (e.g., social media providers). We are not responsible or liable in any manner for the content of such third-party links.

9. DISCLAIMER OF WARRANTIES

9.1 We provide 3Decg Leads on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of 3Decg Leads, and hereby disclaim all warranties regarding 3Decg Leads and its operation.

9.2 By using 3Decg Leads, you acknowledge that we may use third party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third party suppliers may be outside of our control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third party suppliers.

10. LIMITATION OF LIABILITY

10.1 Unless otherwise stated in the applicable law, we shall not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with the 3Decg Leads. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

11. INDEMNIFICATION

You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, the use of 3Decg Leads, or your violation of any law or the rights of a third party.

12. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

13. GOVERNING LAW AND DISPUTES

To the extent permitted by the applicable law, these Terms shall be governed by the laws of Romania. Any disputes concerning, relating, or referring to these Terms shall be submitted to the exclusive jurisdiction of the courts in Bucharest, Romania.

14. TERM AND TERMINATION

14.1 The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us. We reserve the right, in our sole discretion, to update or terminate the Terms at any time.

14.2 Your rights under the Terms will be automatically terminated if you breach the Terms. Upon termination of the Terms, all legal rights granted to you pursuant to the Terms will terminate and you shall stop using 3Decg Leads.

15. AMENDMENTS

15.1 We reserve the right to amend or modify the Terms from time to time by posting an amended version of the Terms on this page and indicating the date of the amendment. If we have your contact details, we will inform you about the amendments by email. In case you continue using 3Decg Leads after such an amendment, you agree to the amendments of the Terms.

15.2 Last amendment. The Terms have been last amended on 3rd of February 2019.

16. CONTACT

Please feel free to contact us if you have any questions about the Terms. You may contact us by using the following contact details:

Email: info@3decgleads.com and info@dipolemedical.com Phone number: 0040758069663