PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. BY CONTINUING TO USE OUR SERVICES YOU ACKNOWLEDGE THAT YOU ACCEPT AND WILL BE BOUND BY THESE TERMS AND CONDITIONS AND THE ACCOMPANYING PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR PRIVACY POLICY, PLEASE DO NOT CONTINUE TO USE THIS SITE. OUR TERMS OF USE AND PRIVACY POLICY CAN BE CHANGED AT ANY TIME WITHOUT PRIOR NOTICE BUT ALL SUCH CHANGES WILL BE POSTED ON THE SITE.

TERMS AND CONDITIONS

1. These Terms and Conditions (hereinafter also called “this Agreement”) governs the use of services provided by Decko.ai. These are to be read with Our Privacy Policy available here [insert link]. Unless otherwise stated in this Agreement, the meaning of words, phrases and expressions used in the Privacy Policy will be the same for this Agreement.

2. Dekco offers cloud-based storage of medical records, including radiological scans, to facilitate the easy access, use, storage and sharing of digitized medical records including radiological images and other related diagnostic data or information, on a web-based dashboard. Dekco does not access your personal data in any manner except for the manner needed and to the extent required for undertaking system maintenance, or to provide a secure storage service. Dekco also facilitates the ethical and principled sharing of fully anonymised data for data analytics, and other purposes as may be stated in the Privacy Policy (collectively referred to as, “the Services”).

3. Applicability:

3.1 This Agreement governs the use of web pages, software and content located within Decko.ai including its domain and sub-domains owned and operated by Dekco Image Management Systems Pvt. Ltd. (hereinafter referred to as either, “Dekco, Company, We, Us, or Our”) as part of its offerings that includes services, as defined above.

3.2 This Agreement is also applicable generally to any of Dekco’s, its affiliates’, subsidiaries’ and joint ventures’ websites (collectively, the “Site”). For the purpose of this Agreement, along with any amendments to the same, and wherever the context so requires, “You, Your, User or Subscriber” shall only mean any natural or legal person, which accesses the Site or has a subscription account.

4. Confirmation and Consent: By accessing, browsing or using the Site, You acknowledge that You have read, understood and agree to be bound by this Agreement and the Privacy Policy, and agree to comply with all applicable laws and regulations. You also confirm that You are above the age of 18 years, and are not a minor and You possess the legal right and capacity to understand and agree to this Agreement, or if You are creating an account on behalf of a child, You are authorised to and are capable of consenting on behalf of the child. If You do not agree to the terms of this Agreement, please do not use or access the Site. Unauthorized use of the Site may require Us to initiate legal proceedings against You and may give rise to a claim for damages and/or be a criminal offence.

5. Changes, Updates and Amendments: Dekco.ai reserves the right to change or remove features and contents of the Site. Accordingly, it may amend this Agreement at any time to better reflect changes to the law, new regulatory requirements or improvements or enhancements made to Our Site. Dekco will notify You of any such updates by posting the amended Terms and Conditions on the Site.

6. Cancellation and Refunds: If You don't agree to the updates we make, please cancel Your subscription before the date the updates are to become effective, which will be communicated to You by a notice on the Site. We are unable to offer a refund upon such cancellation, except as may be required under current laws. By continuing to use or access the Services and the Site after the updates come into effect, You agree to be bound by any revisions and modifications made to this Agreement.

7. Disclaimer:

7.1 All information, software, documentation, materials, publications, access and Services on this site are provided to You “as is”, without warranty of any kind, and hereby disclaim all warranties, either express or implied, including but not limited to the implied warranties of accuracy or fitness for a particular purpose.

7.2 Specifically, Dekco does not or will not:

· Provide a warranty against any damage, mechanical or human error, omissions, interruptions, unauthorized data access, or unplanned downtime.

· Guarantee that the Services and functions including those available on the Site will be error-free, defective and uninterrupted OR that the files or media downloaded from the Site are free of trojans, viruses and other vulnerabilities.

· Verify the accuracy or truth of information provided by the imaging centres, radiology labs or health facilities, or entered by You. Accordingly, the information entered by You or anyone authorised to use Your account on the Site will be considered whole and accurate by Us, and You and the imaging centres, radiology labs or health facilities will be solely accountable for any inaccuracies or misinformation.

· Assume any responsibility or liability for any incident, loss or damage that may occur in relation to copies of Your scans or other related digital medical records that may be retained and/or shared by the imaging centres, radiology labs or health facilities issuing the scans.

· Implement any processes or methods to satisfy requirements for data accuracy, or for identifying and correcting any errors in the stored data and information.

· Assume any liability for the delay, interruption, interception, or corruption of data or information communicated to and from the Site.

8. Termination:

8.1 You are free to stop using Our Services or accessing the Site at any time. We reserve the right to suspend or terminate Your access to the Services or the Site with prior notice to You if:

· You are in breach of this Agreement, or

· You are using the Services or the Site in a manner that would cause a real risk of harm or loss to Us or other Users.

8.2 We will provide You with prior notice in a reasonable time frame via the e-mail address or phone number associated with Your account to remedy the activity that prompted Us to contact You and will provide You with the opportunity to export Your data from Our service. If after such notice You fail to take the steps that We have requested You to, We will terminate or suspend Your access to the Site or the Services.

8.3 However, we will not provide notice before termination where:

· You are in material breach of this Agreement;

· Doing so would cause Us legal liability or compromise Our ability to provide the Services to Our other Users’, or

· We are prohibited from doing so by law.

9. Copyright Ownership and Assignment:

9.1 You acknowledge the medical records and scans (“scans”) stored on Dekco.ai’s database were taken at Your instance by the imaging centre, radiology lab or health facility, that You have paid the requisite fees for the same, and that as a result, You are the first owner of the copyright for the said scans.

9.2 As the first owner, You hereby assign the said copyright over Your anonymised scans wholly and completely to Dekco, for Decko to use and share in the manner stated in Our Privacy Policy. This assignment shall be only with respect to Your anonymised data, including, and shall only be to the extent permissible under extant laws, without limitations, for the entire universe, and for the entire duration of the copyright.

9.3 Dekco will only use Your data, including scans, after complete anonymisation by stripping the data of all personal identifiers. Notwithstanding the above, You shall retain all applicable rights over Your Personal Data, as outlined in the Privacy Policy consented to by You and available on this website.

9.4 Upon termination of this agreement, Dekco shall destroy or dispose of the Personal Data within a reasonable time period unless otherwise stated in writing; or unless the destruction, to the determination of both parties, is not possible; or as may be required under extant laws.

10. Copyright and Infringement:

10.1 All images, graphs, photographs, sounds, data, audio, video and other content and their compilation and design on the Site are the exclusive property of Dekco, its developers, licensors and content developers, or its partner organisations, as applicable. This content is protected under the extant copyright and trademark laws in India. Except where otherwise noted, the text, graphics and webpage code contained here may not be modified, copied, distributed, displayed, reproduced uploaded or transmitted in any form or by any means without the prior written permission of Dekco. Except that, You may print and download portions of material from the different areas of the Site solely for Your non-commercial use provided that You agree not to change or delete any copyright or proprietary notices from the materials.

10.2 You may not republish any portion of the Site on any Internet, Intranet or extranet site or incorporate the Site in any database, compilation, archive or cache. You may not distribute any information or data to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Site. You may not scrape or otherwise copy the Site without permission. You agree to not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; insert any code or product or manipulate the content of the Site in any way that affects the User’s experience; use any data mining, data gathering or extraction methods; or use the Site in any manner that may impair, overburden, damage, disable or otherwise compromise Dekco’s services.

11. Indemnification: You hereby agree to indemnify and hold Dekco, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any third-party claims of liability, losses, damages and costs, including without limitation, reasonable attorneys’ fees, arising out of or in connection with Your use of, or inability to use, Our Services or access Our Site.

12. Severability: If any provisions of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.