1. SUBJECT OF THE AGREEMENT
1.1. This User Agreement (hereinafter referred to as the “Agreement”) establishes the relationship between the Limited Liability Company “Platform Third Opinion” (PTM LLC), a legal entity registered in the Russian Federation, OGRN 5177746328106, INN 7714420229, KPP 773101001. legal address: Moscow st. Nobel (Skolkovo Innovation Center ter) 7th floor. 2 room 37 workers 2 (hereinafter referred to as “Third Opinion” / Third Opinion company”) and its affiliated companies/persons (collectively referred to as “We”, “us” or “our/a/e/e”) and any user (“User”, “ Your" or "You") regarding your use of the Software modules offered on our website demo.thirdopinion.ai (hereinafter referred to as the "Site"), developed on the basis of artificial intelligence technologies to detect signs of pathologies in X-ray studies, computed tomography studies, magnetic resonance imaging studies -resonance tomography (hereinafter referred to as the “Product”, “Products”), including the possible subsequent purchase of products and services.
1.2. Please read this Agreement and the Privacy Policy (which forms part of this Agreement) carefully and in its entirety before using our Software Modules or providing any information to us.
1.3. The terms of use contained in this Agreement may be amended and revised from time to time and at any time at our sole discretion by updating this section. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Your continued use of our Products means that you accept any changes or variations to this Agreement. If any changes are unacceptable to You, You may stop using our Products or terminate this Agreement by emailing ask@3opinion.ai
Certain provisions of the terms of use contained in this Agreement may be changed by legal notice.
1.4. By using our Products or providing us with any personal data:
1.4.1. You agree that you have read and understand the terms of this Agreement;
1.4.2. You accept and agree to be bound by the terms of this Agreement, and
1.4.3. You accept and agree to comply with all laws and regulations applicable to the subject matter of this Agreement.
1.5. To access our Products, you may be required to provide certain personal information about yourself (for example, passport details, contact details, place of work, your position, etc.). You agree that any information you provide will always be accurate, correct and current. If any personal information about yourself has changed, you undertake to provide such information to Us within 10 (ten) calendar days from the date of change of such data.
1.6. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY, DO NOT VISIT OR OTHERWISE USE OUR PRODUCTS OR PROVIDE ANY PERSONAL INFORMATION TO US.
1.7. You agree that your use of our Products is at your own risk.
1.8. If you find this material offensive, you may not use our Products.
2. REFUSAL TO PROVIDE MEDICAL SERVICES OR MEDICAL ADVICE
2.1. Third Opinion provides software for analyzing medical images (X-ray studies, computed tomography studies, magnetic resonance imaging studies) (hereinafter referred to as “medical images”) using our proprietary algorithms.
2.2. Products are provided "as is". Third Opinion expressly disclaims any implied warranties as to the suitability of the Products for your purposes and expectations. Third Opinion is not responsible to you and/or third parties with respect to the accuracy, timeliness, completeness, reliability, performance of the Products; their integration with other software products; problems arising from your interpretation of accompanying documentation (if any).
2.3. We have no obligation to verify, monitor, or ensure the performance of the Products or any information and/or data obtained through the Products.
2.4. You acknowledge and agree that Third Opinion is not a medical facility and does not provide medical care, advice, opinions, diagnosis or treatment of any disease, and that no physician-patient relationship will be created between Us and You as a result your use of the Products.
If the results of a medical image analysis performed using our Products indicate a potential pathology (anomaly, obscuration and/or something other/similar) in such medical images, or if You have any questions regarding such medical image analysis, You should contact to your attending physician.
If Our Products do not detect any pathologies (anomalies, shadows and/or anything else/similar) in medical images, this does not mean that You do not have a specific disease that was analyzed using Our Products, or that You are healthy because Our Products do not cover all possible diseases and are not error-free.
2.5. You should not use the information you receive from us to diagnose or treat any health problem or to prescribe any medication or other treatment.
2.6. Third Opinion is not providing medical or similar professional services or advice through the Products, the Site or associated web resources (collectively referred to as “our resources”), and any information is not intended to replace medical advice offered by a physician or other health care professional .
2.7. Products are not intended to provide diagnosis, treatment, or medical advice. Products, services, information and other content provided on the Site and related web resources, including information that may be provided directly on the Site or as links to third-party sites, are provided for informational purposes only.
Please consult a physician or other health care professional regarding any medical (or other health-related) opinions or treatment options.
2.8. Information posted on the Site and/or related web resources, including information related to medical conditions, health conditions and treatment, may be provided in aggregate form.
2.9. We do not recommend self-medication. Reliance on any information obtained through the Products is entirely at your own risk.
2.10. The information on the Site is not exhaustive and does not cover all diseases, ailments, health conditions or their treatment.
2.11. Do not disregard or disregard expert medical advice based on information you may read on the Site or in connection with the use of any of our Products.
2.12. Links to third-party websites or access through links from such sites or resources do not constitute an endorsement of any information, product or service.
We are not responsible for the content or performance of third party websites. You assume all risk when using any third party websites. Please be sure to review the privacy policies of such sites.
3. AUTHORIZATION
3.1. By using Our Products, You represent and agree that You are at least 18 years of age, are a healthcare professional, are employed in a healthcare facility, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement, otherwise, please , please leave and do not use our Products.
3.2. The Products are not designed or intended to attract users under the age of 18.
3.3. We do not collect personal information from any person we know to be under eighteen years of age unless consent is given by a legal guardian.
3.4. If you are under 18 years of age, you may not disclose or submit any personal information to us.
3.5. Access to the Products may be obtained by You as a result of registration at https://thirdopinion.ai/signup or may be issued to You by Us on an individual basis.
3.6. When registering, you must indicate in the Application your last name, first name, place of work and position, email address and password.
3.7. Applications for registration are considered by Us on an individual basis.
3.8. We have the right to reject your Registration Application without explanation and not provide access to our Site.
3.9. If We confirm your Application, you will receive a login and password to enter your personal account to the email specified during registration.
4. USER CONTENT
4.1. Where permitted, you may post your own content (“User Content”). You understand that you are solely responsible for any content that you post on the purchased Products, the Site and/or our other web resources. You alone assume all risks associated with Your Content, including anyone's reliance on its accuracy, truthfulness or reliability, or any disclosure by You of personally identifiable information. Once published, your content may not be available for deletion in the future. You may not imply that your content is endorsed by us. You may expose yourself to liability if Your Content is false, defamatory, intentionally misleading, violates any third party right, including copyright, trademark, patent, trade secret, privacy, right of publicity or any other intellectual property or proprietary right is illegal or violates or condones the violation of any law or regulation. We cannot guarantee that your content will not be used inappropriately by other users.
If you have information that you want to keep confidential and/or you do not want others to use it, do not post it on the Site. We are not responsible for any User Content, including any errors or omissions, or any loss or damage incurred as a result of the use in any way of any User Content posted on our Products, the Site and/or our other web properties. We are not responsible for the use or misappropriation of any content that you post in the purchased Products, the Site and/or our other web resources
4.2. By posting user content, including medical images, you hereby grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and permission to use, post, store, reproduce, adapt, publish, translate, edit, assign, modify, create derivative works from, transmit, publish, publicly display and distribute such content or incorporate such content in any form. The foregoing grant of rights includes, without limitation, any copyright and other intellectual property rights in Your User Content.
4.3. You represent and warrant that the content you post does not violate anyone's privacy or publicity rights, copyrights, contract rights or any other rights, including moral rights. You agree to pay any royalties, fees or any other amounts due to any person in connection with any content you post to us. This permission continues even if you stop using our resources. We reserve the right to remove such content.
4.4. You understand that we may preserve User Content and disclose it if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any User Content content violates the rights of third parties, or to protect the rights, property or personal safety of us, our users and the public. You understand that the technical processing and transmission of data, including your User Content, may require transmission over various networks and may vary due to technical requirements of connecting devices or networks.
4.5. Posting of your content is voluntary, including any ideas, opinions or information, including but not limited to medical images. There are no confidential or contractual relationships created by the publication of Your Content or comments, or the use of Your Content. We are not responsible for any publicity of any user content, including opinions or recommendations that you post. We shall be entitled to the unrestricted use of any User Content we receive, for any purpose, commercial or otherwise, without compensation to you as the content provider.
4.6. You agree not to use the Products, the Site and/or our other web properties to:
- Post or otherwise distribute any user content that is harmful, false, unlawful, obscene, defamatory or otherwise inappropriate;
- Harassment, threats or insults to others;
- Impersonating another person or providing false information about your relationship with another person or legal entity;
- Causing harm to minors or other persons;
- Attempts to hide the origin of any user content posted on the Site;
- Publishing or otherwise distributing any user content for which you do not have such a right under any law, contractual or fiduciary relationship;
- Posting or otherwise distributing any user content that infringes any patent, copyright, trademark or other proprietary rights (“Rights”) of any party or publishing or otherwise distributing any protected material on our resources;
- Publishing or otherwise distributing any unauthorized advertising, promotional materials, spam, junk mail, pyramid schemes or any other form of solicitation of any action;
- Publishing or otherwise distributing any content that contains viruses, Trojan horses, or other harmful or destructive materials that limit the functionality of any software, hardware or telecommunications equipment or interfere with the use of our resources by others;
- Collecting data about other users of our resources;
- Gaining access to prohibited sections of our resources, including servers or networks;
- Engaging in illegal activities or facilitating dangerous and illegal activities such as terrorism, drug trafficking or human trafficking;
- Distributing materials of a sexual or pornographic nature, or directing traffic to commercial sites with pornographic content;
- Dissemination of images of scenes of violence or abuse;
- Gaining access to another user’s account without his permission;
- Creating or using multiple accounts in order to circumvent our rules, blocks or other restrictions imposed on your account;
- Threatening, harassing, defaming, extorting, belittling, bullying or intimidating an individual or groups of individuals for any reason, including, but not limited to, age, gender, disability, ethnicity, sexual orientation, race or religion, or inciting or encouraging anyone to take such action.
4.7. We will terminate accounts and/or block users of our resources who violate someone's intellectual property rights.
You understand that by using the Products, the Site and/or our other web properties, you may be exposed to User Content that is obscene or otherwise objectionable.
We do not screen or monitor user content. User Content is not reviewed by us before publication and does not represent our views. We make no representations or warranties, express or implied, about the accuracy or reliability of user content or any other materials or information you may find on our resources.
We are not responsible for monitoring our resources for inappropriate user content or behavior. If at any time we decide, in our sole discretion, to monitor our resources, we are not responsible for user content, have no obligation to edit or remove any inappropriate user content, and are not responsible for the conduct of users of our resources who submit such content.
Notwithstanding the foregoing, we reserve the right to remove any User Content that violates the terms of this Agreement or is otherwise inappropriate in our sole discretion.
4.8. You agree that you must evaluate and bear all risks associated with the use of any User Content, including making decisions about the accuracy, completeness and usefulness of such content. Accordingly, you acknowledge that you may not rely on any User Content. You are solely responsible for your interactions with other users of our resources.
4.9. We, in our sole discretion, have the right, but not the obligation, to monitor communications between you and other users and terminate your access to our resources.
4.10. We reserve the right to disclose your identity and the identity of other account holders to regulatory and law enforcement authorities upon their request.
4.11. You agree to indemnify us against any claims by any third party for damages, losses, liabilities or otherwise arising out of your posting of any content or materials or your violation of the terms of this Agreement.
5. SALE OF THIRD PARTY PRODUCTS AND SERVICES
5.1. You may be given the opportunity to purchase products and/or services through third party websites that have links to our resources.
5.2. Services purchased or provided by third party websites are subject to the terms and conditions of such third parties and their websites, and Third Opinion is not responsible for their purchase.
5.3. Please note that these websites may collect information about you and are subject to their own privacy policies. You should review the privacy policies of such websites.
6. DISCLAIMER
6.1. Our liability in connection with any product or service purchased through our resources is strictly limited to the purchase price of that product or service.
6.2. We are not responsible for any loss or damage caused by us or our employees or agents, including damage to or corruption of data on a user's computer as a result of accessing our resources: - Unless we or any of
our employees or agents violate legal duty of care;
- If such loss or damage is not a reasonably foreseeable result of any such breach;
- For any aggravation of loss or damage resulting from your violation of any terms of this Agreement.
6.3. We will not be liable for any failure or delay in performance of any of our obligations under the Agreement caused by events beyond our reasonable control (“Force Majeure”).
Force Majeure includes any act, event, omission or accident beyond our reasonable control and includes, in particular (without limitation) the following: -
Strikes, lockouts or other collective protests;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, sinkhole, epidemic or other natural disaster or circumstances beyond our control;
- Inability to use public or private telecommunication networks;
- Acts, decrees, laws, regulations or restrictions of any government bodies.
6.4. We do not guarantee that our resources will meet your requirements, will be current, secure, error-free or uninterrupted, the results obtained from our resources (Products) will be accurate or reliable, the quality of any products, services, information or other the materials you receive through our resources will meet your expectations and any errors in our resources will be corrected.
Any material downloaded or otherwise obtained through our resources is obtained at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material.
No information You obtain from Us or through Our resources shall create any warranty not expressly stated in this Agreement.
6.5. All products and services purchased through our resources are subject only to the applicable warranties of their manufacturers, distributors or suppliers, if any.
To the fullest extent permissible by applicable law, We disclaim all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, with respect to the products or services listed or purchased through our resources.
Without limiting the generality of the foregoing, We expressly disclaim any liability for defects or failure of Products, claims arising from normal wear and tear, misuse or alteration of Products, abuse, improper selection of Products and failure to follow printed and/or other instructions.
6.6. To the maximum extent permitted by applicable law, We will not be liable in any event for any damages of any kind arising out of the use or inability to use the Products and/or our resources, including any liability as a publisher of information, reseller of any products or services , for any damaged products, for any false or inaccurate information, for any unauthorized access to your transmissions and data or disclosure of your transmissions on our resources and your data, for statements and conduct of any third parties on our resources or with respect to any other matter, relating to our resources or any third party website.
This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, incidental, special or consequential damages (including lost business, lost profits, loss of goodwill, downtime, loss of data, costs of procurement of substitute goods, services or information, costs of litigation, etc.) arising due to breach of contract, breach of warranty, tort (including negligence), liability for damages caused by defects in goods, or otherwise, even if We are advised of the possibility of such damages .
Notwithstanding the foregoing, Our maximum liability arising from any cause and Your sole and exclusive compensation for any cause or claim shall be limited to the amount paid by You for any Our Product, information or service purchased by You from Our Site.
6.7. Because some states and/or jurisdictions do not allow the disclaimer of certain warranties or the limitations or exclusion of liability for certain types of damages, some of the above disclaimers and limitations may not apply to You.
If you are dissatisfied with any portion of our resources, or with any terms of use contained in this Agreement, your sole and exclusive remedy is to discontinue using our resources and request a refund and receive the amount paid in accordance with the refund terms.
7. INDEMNIFICATION
7.1. You agree to indemnify, defend and hold harmless Third Opinion from all losses, expenses, expenses and damages, including legal fees, resulting from your use of or contact on our resources, your use of or inability to use Products purchased or obtained by you in connection with our resources , any postings on our Properties or activities related to your account by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
7.2. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be liable to indemnify us for attorneys' fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You must not, under any circumstances, resolve any matter without Third Opinion's prior written consent.
8. COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
8.1. You acknowledge that all materials contained on our resources, including the design, text, graphics, sounds, images, medical display images, software and other files, as well as the selection and arrangement thereof, are included in this Agreement (hereinafter referred to as collectively referred to as “Materials”) are our property and are subject to protection in accordance with the legislation of the Russian Federation.
8.2. Trademarks, service marks, trade names and logos (collectively, the “Marks”) are the exclusive property of Third Opinion and may not be copied or otherwise used, in whole or in part, without the prior written permission of Third Opinion.
In addition, all page headers, special graphics and special icons are proprietary marks of Third Opinion and may not be copied or otherwise used, in whole or in part, without the prior written permission of Third Opinion.
Any use of any Materials or Marks owned by Third Opinion is considered a violation of our intellectual property rights (including patent rights) and will be punishable by law.
Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of their respective owners and all rights are reserved.
8.3. By agreeing to the terms of use contained in this Agreement, you agree that you will not use text, photographs, images or other copyrighted or otherwise protected materials from Third Opinion or third parties without our prior written consent.
8.4. All photographs, images, videos or audio recordings are for illustration purposes only and may differ from the actual product (Product).
8.5. Due to differences in monitors, Product color may also appear differently on our properties and is for reference only.
9. RESALE OF PRODUCTS
9.1. Any of our Products purchased by you from Third Opinion are intended for personal use and are not subject to resale.
9.2. Failure to comply with this requirement will result in immediate termination of your account and prosecution under the laws of the Russian Federation.
10. AGREEMENT
10.1. This Agreement is the only Agreement between us and you relating to the subject matter hereof. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
10.2. The Agreement is binding upon You and Us and our respective successors and assigns.
You may not transfer, assign, pledge or otherwise deal with the Agreement or any of your rights or obligations under it without our prior written consent.
We may transfer, assign, pledge, subcontract or otherwise deal with the Agreement or any of our rights or obligations under it at any time during the term of the Agreement.
10.3. The performance of our obligations under the Agreement is deemed to be suspended for the period during which the Force Majeure Event continues, and the period for their performance is extended for a period commensurate with the time during which the Force Majeure Event continues. We will use all reasonable efforts to terminate the Force Majeure Event or find a solution by which our obligations under the Agreement can be performed despite the Force Majeure Event.
11. AUTONOMOUSITY OF THE PROVISIONS OF THE AGREEMENT; INTERPRETATION OF TERMS
11.1. If any provision of this Agreement is found to be invalid, illegal or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in effect. As used in this Agreement, the term “including” is intended to be accompanied by the words “without limitation.”
11.2. If we fail at any time during the term of the Agreement to insist upon strict performance of any of your obligations under the Agreement or any of these terms and conditions, or if we fail to exercise any rights or avail of remedies to which we are entitled under Agreement, this will not constitute a waiver of such rights or remedies and will not relieve you from complying with any related obligations.
11.3. Any failure on our part to make a claim for failure to fulfill any of your obligations does not constitute a waiver of the right to make any future claims.
11.4. No waiver of any of these terms and conditions shall be effective unless expressly stated as a waiver and communicated to you in writing in accordance with this Agreement.
12. APPLICABLE LAW. JURISDICTION. DISPUTE SETTLEMENT AND CLASS ACTION WAIVER
12.1. This Agreement is governed by the laws of the Russian Federation.
12.2. Any dispute arising out of or related to this Agreement is subject to the jurisdiction of the courts of the Russian Federation.
12.3. In the event that you acquire access to the Products outside the Russian Federation and do not comply with the payment terms of this Agreement or violate other terms of this Agreement, Third Opinion has the right to file a claim against you in a court of your local jurisdiction, and you agree to submit to its jurisdiction in relation to such claims.
13. OTHER PROVISIONS
13.1. These terms and conditions and any document expressly referred to herein constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior agreement, implied agreement or understanding between us, whether oral or written.
13.2. Both you and we acknowledge that, in entering into the Agreement, neither of us relied on any representation, undertaking or promise made by the other or implied from anything said or written in the course of negotiations between us prior to entering into this Agreement, except as expressly provided in these terms and conditions.
13.3. Neither you nor we shall assert any claim in respect of any false statement by the other party, whether oral or written, made prior to the date of the Agreement (unless such false statement was made with intent to defraud), and the other party shall be entitled to legal remedy defense solely for breach of contract as provided for in these terms and conditions.
13.4. The section titles of this Agreement are for convenience only and have no legal or contractual effect. This Agreement applies to the maximum extent permitted by law.
14. CONTACTS
14.1. Applicable law requires that some information or communications we send to you be in writing.
14.2. When using our resources, you agree that your communications with us will be primarily through electronic communication channels.
14.3. We will contact you in any messenger available to you using the phone number you provided to us.
14.4. For purposes of entering into an agreement, you agree to this electronic means of communication and acknowledge that all agreements, notices, information and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
1.1. This User Agreement (hereinafter referred to as the “Agreement”) establishes the relationship between the Limited Liability Company “Platform Third Opinion” (PTM LLC), a legal entity registered in the Russian Federation, OGRN 5177746328106, INN 7714420229, KPP 773101001. legal address: Moscow st. Nobel (Skolkovo Innovation Center ter) 7th floor. 2 room 37 workers 2 (hereinafter referred to as “Third Opinion” / Third Opinion company”) and its affiliated companies/persons (collectively referred to as “We”, “us” or “our/a/e/e”) and any user (“User”, “ Your" or "You") regarding your use of the Software modules offered on our website demo.thirdopinion.ai (hereinafter referred to as the "Site"), developed on the basis of artificial intelligence technologies to detect signs of pathologies in X-ray studies, computed tomography studies, magnetic resonance imaging studies -resonance tomography (hereinafter referred to as the “Product”, “Products”), including the possible subsequent purchase of products and services.
1.2. Please read this Agreement and the Privacy Policy (which forms part of this Agreement) carefully and in its entirety before using our Software Modules or providing any information to us.
1.3. The terms of use contained in this Agreement may be amended and revised from time to time and at any time at our sole discretion by updating this section. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Your continued use of our Products means that you accept any changes or variations to this Agreement. If any changes are unacceptable to You, You may stop using our Products or terminate this Agreement by emailing ask@3opinion.ai
Certain provisions of the terms of use contained in this Agreement may be changed by legal notice.
1.4. By using our Products or providing us with any personal data:
1.4.1. You agree that you have read and understand the terms of this Agreement;
1.4.2. You accept and agree to be bound by the terms of this Agreement, and
1.4.3. You accept and agree to comply with all laws and regulations applicable to the subject matter of this Agreement.
1.5. To access our Products, you may be required to provide certain personal information about yourself (for example, passport details, contact details, place of work, your position, etc.). You agree that any information you provide will always be accurate, correct and current. If any personal information about yourself has changed, you undertake to provide such information to Us within 10 (ten) calendar days from the date of change of such data.
1.6. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY, DO NOT VISIT OR OTHERWISE USE OUR PRODUCTS OR PROVIDE ANY PERSONAL INFORMATION TO US.
1.7. You agree that your use of our Products is at your own risk.
1.8. If you find this material offensive, you may not use our Products.
2. REFUSAL TO PROVIDE MEDICAL SERVICES OR MEDICAL ADVICE
2.1. Third Opinion provides software for analyzing medical images (X-ray studies, computed tomography studies, magnetic resonance imaging studies) (hereinafter referred to as “medical images”) using our proprietary algorithms.
2.2. Products are provided "as is". Third Opinion expressly disclaims any implied warranties as to the suitability of the Products for your purposes and expectations. Third Opinion is not responsible to you and/or third parties with respect to the accuracy, timeliness, completeness, reliability, performance of the Products; their integration with other software products; problems arising from your interpretation of accompanying documentation (if any).
2.3. We have no obligation to verify, monitor, or ensure the performance of the Products or any information and/or data obtained through the Products.
2.4. You acknowledge and agree that Third Opinion is not a medical facility and does not provide medical care, advice, opinions, diagnosis or treatment of any disease, and that no physician-patient relationship will be created between Us and You as a result your use of the Products.
If the results of a medical image analysis performed using our Products indicate a potential pathology (anomaly, obscuration and/or something other/similar) in such medical images, or if You have any questions regarding such medical image analysis, You should contact to your attending physician.
If Our Products do not detect any pathologies (anomalies, shadows and/or anything else/similar) in medical images, this does not mean that You do not have a specific disease that was analyzed using Our Products, or that You are healthy because Our Products do not cover all possible diseases and are not error-free.
2.5. You should not use the information you receive from us to diagnose or treat any health problem or to prescribe any medication or other treatment.
2.6. Third Opinion is not providing medical or similar professional services or advice through the Products, the Site or associated web resources (collectively referred to as “our resources”), and any information is not intended to replace medical advice offered by a physician or other health care professional .
2.7. Products are not intended to provide diagnosis, treatment, or medical advice. Products, services, information and other content provided on the Site and related web resources, including information that may be provided directly on the Site or as links to third-party sites, are provided for informational purposes only.
Please consult a physician or other health care professional regarding any medical (or other health-related) opinions or treatment options.
2.8. Information posted on the Site and/or related web resources, including information related to medical conditions, health conditions and treatment, may be provided in aggregate form.
2.9. We do not recommend self-medication. Reliance on any information obtained through the Products is entirely at your own risk.
2.10. The information on the Site is not exhaustive and does not cover all diseases, ailments, health conditions or their treatment.
2.11. Do not disregard or disregard expert medical advice based on information you may read on the Site or in connection with the use of any of our Products.
2.12. Links to third-party websites or access through links from such sites or resources do not constitute an endorsement of any information, product or service.
We are not responsible for the content or performance of third party websites. You assume all risk when using any third party websites. Please be sure to review the privacy policies of such sites.
3. AUTHORIZATION
3.1. By using Our Products, You represent and agree that You are at least 18 years of age, are a healthcare professional, are employed in a healthcare facility, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement, otherwise, please , please leave and do not use our Products.
3.2. The Products are not designed or intended to attract users under the age of 18.
3.3. We do not collect personal information from any person we know to be under eighteen years of age unless consent is given by a legal guardian.
3.4. If you are under 18 years of age, you may not disclose or submit any personal information to us.
3.5. Access to the Products may be obtained by You as a result of registration at https://thirdopinion.ai/signup or may be issued to You by Us on an individual basis.
3.6. When registering, you must indicate in the Application your last name, first name, place of work and position, email address and password.
3.7. Applications for registration are considered by Us on an individual basis.
3.8. We have the right to reject your Registration Application without explanation and not provide access to our Site.
3.9. If We confirm your Application, you will receive a login and password to enter your personal account to the email specified during registration.
4. USER CONTENT
4.1. Where permitted, you may post your own content (“User Content”). You understand that you are solely responsible for any content that you post on the purchased Products, the Site and/or our other web resources. You alone assume all risks associated with Your Content, including anyone's reliance on its accuracy, truthfulness or reliability, or any disclosure by You of personally identifiable information. Once published, your content may not be available for deletion in the future. You may not imply that your content is endorsed by us. You may expose yourself to liability if Your Content is false, defamatory, intentionally misleading, violates any third party right, including copyright, trademark, patent, trade secret, privacy, right of publicity or any other intellectual property or proprietary right is illegal or violates or condones the violation of any law or regulation. We cannot guarantee that your content will not be used inappropriately by other users.
If you have information that you want to keep confidential and/or you do not want others to use it, do not post it on the Site. We are not responsible for any User Content, including any errors or omissions, or any loss or damage incurred as a result of the use in any way of any User Content posted on our Products, the Site and/or our other web properties. We are not responsible for the use or misappropriation of any content that you post in the purchased Products, the Site and/or our other web resources
4.2. By posting user content, including medical images, you hereby grant (or warrant that the owner of such rights has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and permission to use, post, store, reproduce, adapt, publish, translate, edit, assign, modify, create derivative works from, transmit, publish, publicly display and distribute such content or incorporate such content in any form. The foregoing grant of rights includes, without limitation, any copyright and other intellectual property rights in Your User Content.
4.3. You represent and warrant that the content you post does not violate anyone's privacy or publicity rights, copyrights, contract rights or any other rights, including moral rights. You agree to pay any royalties, fees or any other amounts due to any person in connection with any content you post to us. This permission continues even if you stop using our resources. We reserve the right to remove such content.
4.4. You understand that we may preserve User Content and disclose it if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any User Content content violates the rights of third parties, or to protect the rights, property or personal safety of us, our users and the public. You understand that the technical processing and transmission of data, including your User Content, may require transmission over various networks and may vary due to technical requirements of connecting devices or networks.
4.5. Posting of your content is voluntary, including any ideas, opinions or information, including but not limited to medical images. There are no confidential or contractual relationships created by the publication of Your Content or comments, or the use of Your Content. We are not responsible for any publicity of any user content, including opinions or recommendations that you post. We shall be entitled to the unrestricted use of any User Content we receive, for any purpose, commercial or otherwise, without compensation to you as the content provider.
4.6. You agree not to use the Products, the Site and/or our other web properties to:
- Post or otherwise distribute any user content that is harmful, false, unlawful, obscene, defamatory or otherwise inappropriate;
- Harassment, threats or insults to others;
- Impersonating another person or providing false information about your relationship with another person or legal entity;
- Causing harm to minors or other persons;
- Attempts to hide the origin of any user content posted on the Site;
- Publishing or otherwise distributing any user content for which you do not have such a right under any law, contractual or fiduciary relationship;
- Posting or otherwise distributing any user content that infringes any patent, copyright, trademark or other proprietary rights (“Rights”) of any party or publishing or otherwise distributing any protected material on our resources;
- Publishing or otherwise distributing any unauthorized advertising, promotional materials, spam, junk mail, pyramid schemes or any other form of solicitation of any action;
- Publishing or otherwise distributing any content that contains viruses, Trojan horses, or other harmful or destructive materials that limit the functionality of any software, hardware or telecommunications equipment or interfere with the use of our resources by others;
- Collecting data about other users of our resources;
- Gaining access to prohibited sections of our resources, including servers or networks;
- Engaging in illegal activities or facilitating dangerous and illegal activities such as terrorism, drug trafficking or human trafficking;
- Distributing materials of a sexual or pornographic nature, or directing traffic to commercial sites with pornographic content;
- Dissemination of images of scenes of violence or abuse;
- Gaining access to another user’s account without his permission;
- Creating or using multiple accounts in order to circumvent our rules, blocks or other restrictions imposed on your account;
- Threatening, harassing, defaming, extorting, belittling, bullying or intimidating an individual or groups of individuals for any reason, including, but not limited to, age, gender, disability, ethnicity, sexual orientation, race or religion, or inciting or encouraging anyone to take such action.
4.7. We will terminate accounts and/or block users of our resources who violate someone's intellectual property rights.
You understand that by using the Products, the Site and/or our other web properties, you may be exposed to User Content that is obscene or otherwise objectionable.
We do not screen or monitor user content. User Content is not reviewed by us before publication and does not represent our views. We make no representations or warranties, express or implied, about the accuracy or reliability of user content or any other materials or information you may find on our resources.
We are not responsible for monitoring our resources for inappropriate user content or behavior. If at any time we decide, in our sole discretion, to monitor our resources, we are not responsible for user content, have no obligation to edit or remove any inappropriate user content, and are not responsible for the conduct of users of our resources who submit such content.
Notwithstanding the foregoing, we reserve the right to remove any User Content that violates the terms of this Agreement or is otherwise inappropriate in our sole discretion.
4.8. You agree that you must evaluate and bear all risks associated with the use of any User Content, including making decisions about the accuracy, completeness and usefulness of such content. Accordingly, you acknowledge that you may not rely on any User Content. You are solely responsible for your interactions with other users of our resources.
4.9. We, in our sole discretion, have the right, but not the obligation, to monitor communications between you and other users and terminate your access to our resources.
4.10. We reserve the right to disclose your identity and the identity of other account holders to regulatory and law enforcement authorities upon their request.
4.11. You agree to indemnify us against any claims by any third party for damages, losses, liabilities or otherwise arising out of your posting of any content or materials or your violation of the terms of this Agreement.
5. SALE OF THIRD PARTY PRODUCTS AND SERVICES
5.1. You may be given the opportunity to purchase products and/or services through third party websites that have links to our resources.
5.2. Services purchased or provided by third party websites are subject to the terms and conditions of such third parties and their websites, and Third Opinion is not responsible for their purchase.
5.3. Please note that these websites may collect information about you and are subject to their own privacy policies. You should review the privacy policies of such websites.
6. DISCLAIMER
6.1. Our liability in connection with any product or service purchased through our resources is strictly limited to the purchase price of that product or service.
6.2. We are not responsible for any loss or damage caused by us or our employees or agents, including damage to or corruption of data on a user's computer as a result of accessing our resources: - Unless we or any of
our employees or agents violate legal duty of care;
- If such loss or damage is not a reasonably foreseeable result of any such breach;
- For any aggravation of loss or damage resulting from your violation of any terms of this Agreement.
6.3. We will not be liable for any failure or delay in performance of any of our obligations under the Agreement caused by events beyond our reasonable control (“Force Majeure”).
Force Majeure includes any act, event, omission or accident beyond our reasonable control and includes, in particular (without limitation) the following: -
Strikes, lockouts or other collective protests;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, sinkhole, epidemic or other natural disaster or circumstances beyond our control;
- Inability to use public or private telecommunication networks;
- Acts, decrees, laws, regulations or restrictions of any government bodies.
6.4. We do not guarantee that our resources will meet your requirements, will be current, secure, error-free or uninterrupted, the results obtained from our resources (Products) will be accurate or reliable, the quality of any products, services, information or other the materials you receive through our resources will meet your expectations and any errors in our resources will be corrected.
Any material downloaded or otherwise obtained through our resources is obtained at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material.
No information You obtain from Us or through Our resources shall create any warranty not expressly stated in this Agreement.
6.5. All products and services purchased through our resources are subject only to the applicable warranties of their manufacturers, distributors or suppliers, if any.
To the fullest extent permissible by applicable law, We disclaim all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, with respect to the products or services listed or purchased through our resources.
Without limiting the generality of the foregoing, We expressly disclaim any liability for defects or failure of Products, claims arising from normal wear and tear, misuse or alteration of Products, abuse, improper selection of Products and failure to follow printed and/or other instructions.
6.6. To the maximum extent permitted by applicable law, We will not be liable in any event for any damages of any kind arising out of the use or inability to use the Products and/or our resources, including any liability as a publisher of information, reseller of any products or services , for any damaged products, for any false or inaccurate information, for any unauthorized access to your transmissions and data or disclosure of your transmissions on our resources and your data, for statements and conduct of any third parties on our resources or with respect to any other matter, relating to our resources or any third party website.
This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, incidental, special or consequential damages (including lost business, lost profits, loss of goodwill, downtime, loss of data, costs of procurement of substitute goods, services or information, costs of litigation, etc.) arising due to breach of contract, breach of warranty, tort (including negligence), liability for damages caused by defects in goods, or otherwise, even if We are advised of the possibility of such damages .
Notwithstanding the foregoing, Our maximum liability arising from any cause and Your sole and exclusive compensation for any cause or claim shall be limited to the amount paid by You for any Our Product, information or service purchased by You from Our Site.
6.7. Because some states and/or jurisdictions do not allow the disclaimer of certain warranties or the limitations or exclusion of liability for certain types of damages, some of the above disclaimers and limitations may not apply to You.
If you are dissatisfied with any portion of our resources, or with any terms of use contained in this Agreement, your sole and exclusive remedy is to discontinue using our resources and request a refund and receive the amount paid in accordance with the refund terms.
7. INDEMNIFICATION
7.1. You agree to indemnify, defend and hold harmless Third Opinion from all losses, expenses, expenses and damages, including legal fees, resulting from your use of or contact on our resources, your use of or inability to use Products purchased or obtained by you in connection with our resources , any postings on our Properties or activities related to your account by you or another person, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
7.2. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be liable to indemnify us for attorneys' fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You must not, under any circumstances, resolve any matter without Third Opinion's prior written consent.
8. COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
8.1. You acknowledge that all materials contained on our resources, including the design, text, graphics, sounds, images, medical display images, software and other files, as well as the selection and arrangement thereof, are included in this Agreement (hereinafter referred to as collectively referred to as “Materials”) are our property and are subject to protection in accordance with the legislation of the Russian Federation.
8.2. Trademarks, service marks, trade names and logos (collectively, the “Marks”) are the exclusive property of Third Opinion and may not be copied or otherwise used, in whole or in part, without the prior written permission of Third Opinion.
In addition, all page headers, special graphics and special icons are proprietary marks of Third Opinion and may not be copied or otherwise used, in whole or in part, without the prior written permission of Third Opinion.
Any use of any Materials or Marks owned by Third Opinion is considered a violation of our intellectual property rights (including patent rights) and will be punishable by law.
Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of their respective owners and all rights are reserved.
8.3. By agreeing to the terms of use contained in this Agreement, you agree that you will not use text, photographs, images or other copyrighted or otherwise protected materials from Third Opinion or third parties without our prior written consent.
8.4. All photographs, images, videos or audio recordings are for illustration purposes only and may differ from the actual product (Product).
8.5. Due to differences in monitors, Product color may also appear differently on our properties and is for reference only.
9. RESALE OF PRODUCTS
9.1. Any of our Products purchased by you from Third Opinion are intended for personal use and are not subject to resale.
9.2. Failure to comply with this requirement will result in immediate termination of your account and prosecution under the laws of the Russian Federation.
10. AGREEMENT
10.1. This Agreement is the only Agreement between us and you relating to the subject matter hereof. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
10.2. The Agreement is binding upon You and Us and our respective successors and assigns.
You may not transfer, assign, pledge or otherwise deal with the Agreement or any of your rights or obligations under it without our prior written consent.
We may transfer, assign, pledge, subcontract or otherwise deal with the Agreement or any of our rights or obligations under it at any time during the term of the Agreement.
10.3. The performance of our obligations under the Agreement is deemed to be suspended for the period during which the Force Majeure Event continues, and the period for their performance is extended for a period commensurate with the time during which the Force Majeure Event continues. We will use all reasonable efforts to terminate the Force Majeure Event or find a solution by which our obligations under the Agreement can be performed despite the Force Majeure Event.
11. AUTONOMOUSITY OF THE PROVISIONS OF THE AGREEMENT; INTERPRETATION OF TERMS
11.1. If any provision of this Agreement is found to be invalid, illegal or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in effect. As used in this Agreement, the term “including” is intended to be accompanied by the words “without limitation.”
11.2. If we fail at any time during the term of the Agreement to insist upon strict performance of any of your obligations under the Agreement or any of these terms and conditions, or if we fail to exercise any rights or avail of remedies to which we are entitled under Agreement, this will not constitute a waiver of such rights or remedies and will not relieve you from complying with any related obligations.
11.3. Any failure on our part to make a claim for failure to fulfill any of your obligations does not constitute a waiver of the right to make any future claims.
11.4. No waiver of any of these terms and conditions shall be effective unless expressly stated as a waiver and communicated to you in writing in accordance with this Agreement.
12. APPLICABLE LAW. JURISDICTION. DISPUTE SETTLEMENT AND CLASS ACTION WAIVER
12.1. This Agreement is governed by the laws of the Russian Federation.
12.2. Any dispute arising out of or related to this Agreement is subject to the jurisdiction of the courts of the Russian Federation.
12.3. In the event that you acquire access to the Products outside the Russian Federation and do not comply with the payment terms of this Agreement or violate other terms of this Agreement, Third Opinion has the right to file a claim against you in a court of your local jurisdiction, and you agree to submit to its jurisdiction in relation to such claims.
13. OTHER PROVISIONS
13.1. These terms and conditions and any document expressly referred to herein constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior agreement, implied agreement or understanding between us, whether oral or written.
13.2. Both you and we acknowledge that, in entering into the Agreement, neither of us relied on any representation, undertaking or promise made by the other or implied from anything said or written in the course of negotiations between us prior to entering into this Agreement, except as expressly provided in these terms and conditions.
13.3. Neither you nor we shall assert any claim in respect of any false statement by the other party, whether oral or written, made prior to the date of the Agreement (unless such false statement was made with intent to defraud), and the other party shall be entitled to legal remedy defense solely for breach of contract as provided for in these terms and conditions.
13.4. The section titles of this Agreement are for convenience only and have no legal or contractual effect. This Agreement applies to the maximum extent permitted by law.
14. CONTACTS
14.1. Applicable law requires that some information or communications we send to you be in writing.
14.2. When using our resources, you agree that your communications with us will be primarily through electronic communication channels.
14.3. We will contact you in any messenger available to you using the phone number you provided to us.
14.4. For purposes of entering into an agreement, you agree to this electronic means of communication and acknowledge that all agreements, notices, information and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
TERMS OF USE