Terms of Service

FotoFinder Hub

BY REGISTERING AND USING “FOTOFINDER HUB”, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL OF THESE TERMS OF SERVICE.

Definitions:

1. General
FOTOFINDER HUB is provided exclusively to physicians for use in their course of professional activities only. If you are a private person you are not allowed to register and to use FOTOFINDER HUB.

2. NO MEDICAL ADVICE

2.1 FFS is not a healthcare institution or medical facility. Neither FFS nor FOTOFINDER HUB does give medical advice or diagnosis and you should not rely on any of the information on FOTOFINDER HUB as if it were personal medical advice. The contents of the FOTOFINDER HUB, such as text, graphics, images, and information obtained from FFS´s licensors, and other material contained on FOTOFINDER HUB are for informational purposes only. The content on FOTOFINDER HUB is not intended to be, and is not, a substitute for professional medical advice, diagnosis, or treatment.

2.2 You are solely responsible for all medical decisions, including the interpretation of any data, and any diagnosis, treatment or treatment plan, made by you as the result of the use of FOTOFINDER HUB. You acknowledge that image capture, image processing and image display also depend on your specific computer hardware environment and corresponding system settings which are beyond FFS reasonable control. FFS does not warrant that the image presentation through FOTOFINDER HUB will be free from any hardware-based display errors such as image distortions, color deviations or poor contrast and brightness values. IT IS THE SOLE RESPONSIBILITY OF YOU AND ANY OTHER USER TO ANTICIPATE THE POSSIBILITY OF SUCH DISPLAY ERRORS IN INTERPRETING IMAGES VISUALIZED THROUGH FOTOFINDER HUB.

3. DISCLAIMER OF WARRANTIES

3.1 YOU EXPRESSLY AGREE THAT YOUR USE OF FOTOFINDER HUB IS AT YOUR OWN RISK.

3.2 When using FOTOFINDER HUB, information will be transmitted over the internet. Accordingly, FFS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of FOTOFINDER HUB.

3.3 FOTOFINDER HUB is provided on an 'as is' basis. FFS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

4. REGISTRATION

4.1 If you register for FOTOFINDER HUB, FFS will ask for and collect personally identifiable and other information about you and your business. We may use a third party service provider to provide services to our users; that company is prohibited from using our users' personally identifiable information.

4.2 The password chosen on first login will be evaluated regarding security by our software. You can see just how secure your password is as you type! When logging in this data is encrypted through SSL / TSL.

5. Subscriptions; Fees; Free Trial; Payment

5.1 If You purchase Paid Subscription(s), You agree to pay all indicated fees ('Fees'). FFS may increase Fees or add new fees for any Paid Subscription(s) provided under the following conditions:

5.2 Changes of Fees will apply for any subsequent Renewal Period of current Paid Subscription(s) (as defined in section 6.2). FFS will inform You about such changes at least thirty (30) days in advance. Changes of Fees shall be deemed to have been approved by You, unless You indicate disapproval before the proposed date of entry into force. If You disapprove, Your Paid Subscription(s) will terminate at the end of the Initial Term or current Renewal Period (as defined in section 6.2).

5.3 If You purchase Paid Subscription(s), access to such Paid Subscription(s) shall be electronically delivered following receipt of purchase order and Hub ID. You shall receive electronic notification of Your Paid Subscription(s) delivery.

5.4 FFS may make one or more Services available to You on a trial basis free of charge until the earlier of Your or FFS's termination at any time, the end of the trial expiration period, or the start date of any subscription period or Paid Subscription(s) ordered by You. Additional trial terms and conditions may appear in the course of the registration for such trial and shall be incorporated into these Terms.

5.5 Payment can be made by using the available payment methods when ordering Paid Subscription(s). FFS may deliver invoices and payment reminders to You in accordance with section 16. Unless otherwise stated, Fees are based on the Paid Subscription(s) selected, regardless of its actual usage, and due and payable immediately in the indicated currency. Payment obligations are non-cancelable and Fees paid are non-refundable (except as set forth in section 6.7 below). You are responsible for maintaining complete and accurate billing and contact information.

5.6 Unless otherwise stated, Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction ('Taxes'). You are responsible for paying all Taxes associated with Your purchases hereunder. If FFS has the legal obligation to pay or collect Taxes for which You are responsible under this Section, the appropriate amount shall be invoiced to and paid by You. You shall provide FFS with any information FFS requests to comply with such legal obligations.

5.7 In the event that Fees due remain unpaid by You, then at FFS's sole discretion, FFS may charge late interests at the rate of 1.5 % of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or suspend any or all unpaid Services and/or Paid Subscription(s), as applicable, until overdue amounts are paid in full.

6. Termination

6.1 Your User Account shall begin as of the date when Your account is activated by FFS and shall remain in full force and effect for an unlimited period of time. You may terminate Your User Account at any time without cause by providing written notice. FFS may terminate Your User Account without cause by giving thirty (30) days written notice to You.

6.2 Any Paid Subscription(s) shall run for the period selected by You ('Initial Term') with subsequent automatic renewals of similar periods ('Renewal Period') unless terminated by You or FFS effective the end of the Initial Term or any Renewal Period by giving thirty (30) days prior written notice. Unless otherwise indicated by You or FFS, if a Paid Subscription has been terminated, Your Account will continue as a Limited User Account at no cost (=Starter Plan). The provisions of this section shall not affect the right of You or FFS to terminate Your Account for good cause.

6.3 FFS may terminate Your Account or parts of Services with immediate effect upon notice if You materially breach any of these Terms. In addition, FFS shall be entitled to delete User Data posted or submitted by You, issue a warning, and/or block Your access to FOTOFINDER HUB until such material breach is cured.

6.4 FFS may also terminate Your Account or parts of Services with immediate effect upon notice (a) if any of the Services is not in conformity with applicable laws and legal conformity cannot be ensured within a reasonable time, or the establishment of such conformity would be unduly burdensome or otherwise unlawful for FFS, or (b) in order to comply with applicable law or requests of governmental entities, or (c) if FFS's relationship with a third party who provides services or any other technology necessary to provide FOTOFINDER HUB to You expires, terminates or requires FFS to change the way of use of such services or other technology as part of FOTOFINDER HUB or (d) FFS is no longer able to provide Services due to circumstances beyond FFS's reasonable control, or (e) if FFS has, in its sole discretion, decided to suspend or no longer offer FOTOFINDER HUB by providing at least three (3) months prior notice.

6.5 Your Account and all rights thereto are personal and non-transferable.

6.6 Upon termination of Your Account, FFS shall be relieved of any obligations to grant access to FOTOFINDER HUB and to provide any Services. Notwithstanding the foregoing, any stored Patient Data that has been once uploaded by You to Your Account will be deleted.

6.7 In the event of Your legitimate termination for good cause attributable to FFS, or upon termination according to section 15.2, or termination by FFS according to sections 6.4, You shall be entitled to reimbursement of any prepaid Fees covering the remainder of the term of Your Account after the effective date of termination or unused portions of Your Paid Subscription(s) purchased. For the avoidance of doubt, in case of termination in accordance with sections 6.1, 6.2 or 6.3, You shall not be entitled to claim reimbursement of any advance payments.

7. PASSWORD PRIVACY

7.1 You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your FOTOFINDER HUB passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) promptly inform FFS of any need to deactivate a password.

7.2 You grant FFS and all other persons or entities involved in the operation of the FOTOFINDER HUB the right to transmit, monitor, retrieve, store, and use your personal information in connection with the operation of the FOTOFINDER HUB. FFS cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using FOTOFINDER HUB

8. UPLOAD OF DATA

Uploads to FOTOFINDER HUB is done via an encrypted data connection (SSL /TSL) as done e.g. by online banking portals. A secure signed certificate is used in the process to assure endpoint security before encrypted data is exchanged between FOTOFINDER HUB and your uploading device (e.g. Handyscope or FotoFinder PC).

9. PATIENT RELATED DATA

If you are a FFS customer that provides healthcare services, you may use FOTOFINDER HUB to store and make available detailed health and other personally identifiable information about your patients. Patient related data you store on FOTOFINDER HUB is only available through your personal account.

10. DATA STORAGE

FFS is not using cloud services to store your data. Instead we are running a physical server at a large server farm in Europe to host FOTOFINDER HUB functionality. FFS reserves the right to limit the storage space for each user in its own decision.

Responsibility for User Data and Patient Data

You shall be solely responsible for any User Data and Patient Data posted, submitted or otherwise disclosed by You and verification of the identity of any other user You share such data with and/or transfer such data to. You are also required to follow the rules and regulations of Your professional law. FFS will not monitor, examine, supervise or otherwise control any exchange of data, nor content of User Data and Patient Data. User Data and Patient data will be stored in an encrypted database. You acknowledge and agree that FFS and/or third-party access may not be completely excluded for Your FOTOFINDER HUB ID information (email address and password hash). You are solely responsible to ensure that Your User Data does not contain any protected patient information or any other sensitive or confidential information. FFS and/or its affiliates may offer remote support services in connection with the Services. You acknowledge and agree that, when using such remote support services, FFS and/or its affiliates may see Patient Data that contain personal identifiable information. You warrant and represent that You are authorized to disclose such data to FFS and/or its affiliates, either by having obtained informed consent from the person concerned or by being duly authorized in accordance with applicable law, and that such transfer and disclosure is not prohibited by any applicable law. Whenever possible, You shall only disclose to FFS and/or its affiliates anonymized or otherwise de-identified data that do not contain personal identifiable information relating to other individuals. Physicians, medical physicists and other healthcare professionals are bound by medical confidentiality. Therefore, when using FFS remote support services, healthcare professionals are responsible for (a) anonymization of patient data according to applicable laws and regulations or (b) obtaining patients prior written release from medical confidentiality according to applicable laws and regulations.

11. RULES OF CONDUCT

When accessing or using FOTOFINDER HUB you agree that, in addition to any other terms, rules or guidelines that may be included in these Terms of Service, that you will not undertake the following actions, each of which shall constitute a material breach of these Terms of Service:

• Using FOTOFINDER HUB for any purpose in violation of local, state, national, or international laws;
• Uploading material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
• Uploading material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by FFS in its sole discretion;
• Distributing computer viruses or other harmful computer code;
• Allowing any other person or entity to use your identification for using FOTOFINDER HUB;

FFS reserves the right (but is not obligated) to do any or all of the following:

• Investigate an allegation that any Content uploaded to FOTOFINDER HUB does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the content.
• Remove content that is abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Service.
• Terminate a user's access to the FFS Site upon any breach of these Terms of Service.
• Edit or delete any content uploaded on FOTOFINDER HUB, regardless of whether such content violates these standards.

12. USE OF INFORMATION BY FFS

In addition to the information you knowingly provide, FFS collects the domain names and IP addresses of its visitors, along with usage statistics. FFS may combine this information with the personally identifiable and other information it collects except for patient related data.

FFS may use the information we collect:

• To provide our service.
• To provide you with personalized content, e.g., storing your images and other preferences to help you customize your experience.
• To respond to your inquiries.
• To improve FOTOFINDER HUB, e.g., to determine which features are used most, to find and fix navigation problems, and to help guide future development.
• To alert you to new features, special events and services with your consent.
• For other purposes so long as those purposes were clearly disclosed when the information was collected.
• To enforce the Terms of Services, e.g., to contact you about an infraction or to initiate a legal complaint.

FFS may disclose the information it collects to another entity (i) for purposes of outsourcing one or more of the functions described in the previous section, including any aspect of FOTOFINDER HUB (e.g., secure remote storage); (ii) to confirm or update information provided by you; or (iii) to inform you of important information. We may also share information in response to a subpoena, legal order or official request, when we believe you have acted in violation of the Terms of Service, or when we believe that doing so may protect your safety or the safety of others.

13. DATA PROTECTION

FS goes to great lengths to protect against the loss, misuse and alteration of the personally identifiable information and health related information we collect. Our servers are protected by reasonable physical and electronic security measures, and we use encryption wherever warranted or required.

If you have any questions, concerns, or suggestions regarding the privacy policy of FFS, please contact us at info@fotofinder.de

14. Notices

By providing us with Your email address, You agree to receive all required notices electronically by using that email address. It is Your responsibility to update or change Your email address as appropriate.

15. Miscellaneous

Terms of Service or any policy, agreement or other terms referenced in the Terms at any time by providing to You a revised version of the Terms of Service or the respective document ('Revised Terms') in accordance with section 15.2 below. Fees may also be modified as set forth in section 5.2 above.

15.2 FFS will give You at least six (6) weeks' notice of any modification of the Terms of Service by sending You an email. Revised Terms shall be deemed to have been approved by You, unless You declined them by email within six weeks after notice.

15.3 You acknowledge and agree that Your continued use of FOTOFINDER HUB is subject to Your acceptance of Revised Terms. If You decline Revised Terms before the Effective Date, Your Paid Subscription will terminate effective the end of the day prior to the Effective Date of the Revised Terms. In such event You shall be entitled to reimbursement as specified in section 6.7 above.

15.4 These Terms of Service, and all matters arising out of or relating to these Terms of Service, shall be governed by the laws of Germany. Any legal action or proceeding relating to these Terms of Service shall be instituted solely in the courts of Passau, Germany.

15.5 In the event any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force.

15.6 The article and section headings contained in this Terms of Service are for reference purposes only and shall not affect the meaning or interpretation of this Terms of Service.

Bad Birnbach, March 2019