Terms And Conditions
Terms of Service
Thank you for using Artery3D. This Service is provided by Augmented Anatomy BVBA (“Augmented Anatomy”), located at Krokussenpad, 2A, 8301 Knokke, Belgium, and with VAT number BE 0707.562.243. Email: firstname.lastname@example.org.
The access to and use of ARtery 3D implies the unreserved agreement to these General Terms and Conditions of Use. These General Terms and Conditions of Use define the arrangements for the use of ARtery 3D, as defined below.
We or Us means Augmented Anatomy BVBA. Hereafter referred to as “Augmented Anatomy”.
Personal Data means any data which relates to an individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, Augmented Anatomy (or its representatives or service providers). In addition to factual information, it includes any expression of opinion about an individual and any indication of the intentions of Augmented Anatomy or any other person in respect of an individual.
Professional User(s) or You means the Users of ARtery 3D, that individually subscribe to our Services. Hereafter referred to as “the User”.
Services means the services offered to those Professional Users accessing ARtery 3D. These Services are provided by Augmented Anatomy in partnership with third-party companies under their sole, respective and exclusive responsibility, which the Professional User acknowledges.
Software means the ARtery 3D app installed / to be installed on your device, our servers and the web.
Raw Images means the MRI data as they are submitted on our server, including the processing that has been done by the radiology department of the centre that performed the MRI.
3D facial anatomy models means every image and/or file that is produced after processing by the ARtery 3D Software, in any form or with any extension. These images and/or files may contain surface details of the face of the patient or any other anatomical information.
2. Services accessible via the Artery3D Application
2.1 Built-in Services
Professional Users may access the following Services built in the ARtery 3D application:
information and content that has been assembled only to provide you with information about the anatomy of the client’s facial arteries.
The Professional User – after being registered on the website of Augmented Anatomy – will fill in a dedicated MRI prescription form for each individual patient (also available online,on https://radiology.augmented-anatomy.com). The Professional User will send his/her patient with this completed prescription form to a radiology service of his/her choice and notify Augmented Anatomy hereof. This radiology service will receive an infrared lamp from Augmented Anatomy, which is a condition to successfully perform the MRI.
Afterwards, the Professional User will be notified by email and/or by push notification through the ARtery 3D application when the MRI data of his/her patient are uploaded by the MRI department on the Augmented Anatomy Database and again when the images are processed and converted by Augmented Anatomy into 3D volumes that can be used by the ARtery 3D application. At that time, he/she will be able to use the data concerning the patients facial arteries – as registered during the MRI – in the ARtery 3D application on his/her smartphone.
After login in with their individual login name and password, Professional Users will have access to an overview of their registered patients, meaning the patients they have sent for an MRI examination. The Users will only see an overview of their patients, within a searchable list and by the use of certain parameters such as the name, sex, and date of birth. In addition, the user will have access to the MRI data of each patient and the frontal video that was taken, but not to the 3D volumes, nor the Augmented Reality images. There will be no possibility to store screenshots of the application on the website.
When using the ARtery 3D application, the User will have access to the list of patients through specific search queries. For each patient, the best possible AR-image of the arterial network will be downloadable from the Augmented Anatomy Database after which it can be viewed through the application. The User is not allowed to take screenshots of the application for offline use.
Should a patient choose to switch from professional user, a request from the new professional user has to be submitted to Augmented Anatomy to access that patient’s data. A subsequent request will be sent from the ARtery 3D platform to that specific patient, by email and/or text message, in which the patient needs to confirm his/her consent. Once the consent is verified by Augmented Anatomy, the new professional user will have access to the 3D images of that specific patient.
Any patient has the right to deny a certain Professional User access to his/her 3D images by sending an email to email@example.com with their request and the full name, address and contact details of the professional user.
2.2 Services provided through third-party service providers
You will find the dedicated ARtery 3D application in the app store of Apple and Android devices (App store and Play Store, respectively). In general, the business terms of the relevant platform providers (over which We have no influence) apply there; these are not part of our terms and conditions nor our contractual relationship with you as the User of our Software. This also applies to the business terms and conditions of your mobile device or service supplier.
We work with various partners to ensure the optimal use of our Software. These include third-parties that supply us or our Users directly with certain information and other service providers.
As the User provides an MRI taken by a third party (indicated by the User), Augmented Anatomy has the unquestionable right to decline any MRI if this is of too poor quality, or does not have the correct information to provide the desired quality of ARtery 3D images. Augmented Anatomy will inform the User if the MRI does not meet the standards. The User will have the right to submit another MRI without extra cost.
Augmented Anatomy ensures to deliver each finalised augmented reality image of a patient’s arterial anatomy in the client’s ARtery 3D application within 48hours after the upload of the MRI images and this for the first 10 registered patients on a monthly basis.
3. Personal account on the ARtery3D Application
If you subscribe to our Services on behalf of a business, you represent to Augmented Anatomy that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business. Contracts with businesses that employ multiple health care practitioners need be negotiated on an individual basis with Augmented Anatomy.
As long as you comply with this Agreement, Augmented Anatomy grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Software and access the 3D facial anatomy models as it is intended to be used and in accordance with this Agreement and applicable law. Augmented Anatomy grants you no other rights, implied or otherwise. You have no right to download, store or capture the 3D facial anatomy models without the explicit consent of Augmented Anatomy as these models belong exclusively to Augmented Anatomy. If the contract with Augmented Anatomy comes to an end, you will no longer have access to the 3D facial anatomy models. The raw MRI images however will remain accessible.
You may not use the Software to disseminate any unlawful or other objectionable material, or to harm others or us. You must not resell or redistribute any part of the Software or access to the Software, including the sale or purchase of an Account. You must not use or attempt to use any unauthorized means to modify, reroute, or gain access to the Software or use any automated process or service (such as a bot, a spider, periodic caching of information stored by Augmented Anatomy, or meta-searching) to access or use the Service or to copy or scrape data; or obtain (or try to obtain) any data or content from the Software, except the data or content that We intend to make available to you.
4. Warnings regarding the use of information and content provided on ARtery3D
Professional Users remain fully and personally responsible for their use of the ARtery 3D Software and our Services under conditions of ordinary law. Our Software provides information and content that has been assembled only to provide you with information about one’s anatomy. The use of the ARtery 3D application cannot replace an adequate anatomical knowledge, and can only be used by health care practitioners who have appropriate training and experience in facial injections. It is the responsibility of each health care practitioner to consider the clinical and medical status of each patient and to be knowledgeable about all aspects of the cosmetic procedure and the potential complications that may occur in each specific case.
Under no circumstances does ARtery 3D issue medical therapy recommendations or medical advice of any kind. The data provided must only be analysed by a qualified healthcare professional. No content – no matter whether provided by Augmented Anatomy itself, our cooperation partners, or Users – can be understood as replacement for adequate training in facial anatomy and its variations as well as in techniques for injectables or any kind of facial procedures. It does not serve as a substitute for professional medical advice, diagnosis or treatment.
ARtery 3D does not provide recommendations nor any explicit of implied warranties, statements of affirmations (with statements of but not limited to warranties of ownership of non-disputes, of the implied warranties of merchantability of fitness for a particular purpose) regarding the service of any merchandise, information of service offered through its Services.
In addition, ARtery 3D does not warrant that the use of the Software services will be free of technical issues, including, but not limited to, unavailability of information, downtime, service interruptions, viruses, and you understand that you are responsible for investigating sufficient procedures and checkpoints to meet your specific requirements for accuracy of data input and output.
Augmented Anatomy will not be liable nor provide refunds for any limitations or errors caused by use of the application with other devices, software or operating system versions than those described in the technical requirements
We cannot be held responsible for default projection of arteries on moving patients or movements of the device on which the application is installed.
Augmented Anatomy can in no circumstances guarantee that all relevant vessels will be displayed on the application. As many events or circumstances can have an influence on the quality of the image, such as, but not limited to, movement of the patient during the MRI procedure, the way the procedure is executed, the presence of metal wires, dental fillings or implants or any other metal or synthetic implants that might interfere with the result of the MRI and the arteries that are visualised. ARtery 3D can never guarantee to visualise all arteries of the face. Only arteries that are visualised by the MRI can be segmented and shown in the Software. Artery 3D might lose some vessels in the isolation process, depending on the sensitivity of the algorithm. In any case, ARtery 3D cannot be held responsible for any complications happening should the ARtery 3D Software be used in combination with filler injections, as ARtery 3D is a software program that only allows visualization of facial arteries as an aid to better understand facial anatomy, not as a guidance for injections.
In case any serious incident occurred in relation to the device, this should be reported to Augmented Anatomy.
5.1 Payment of Services
App stores (such as Apple App Store/iTunes or GooglePlay) offer access to our app, which will be needed for using our Services. Please note that in order to purchase (not: use) our Services, the separate business terms of the app store apply and these may require a User account.
Our website allows a new User to register and create a login and password, which will be used to access the ARtery 3D application in his/her smartphone. The website does not offer direct access to the ARtery 3D application, but is mainly a platform for the user to make an account, register new patients, follow-up on the progress of imaging processing of his/her patient’s MRI-data, and provide Augmented Anatomy with the necessary patient, user, and radiology information.
The visualisation of the facial arteries through AR will happen solely through the ARtery 3D application. The Services of the ARtery 3D Software require a periodic subscription. If there is a charge associated with the subscription, you agree to pay that charge. We may suspend or cancel your access to the Software if We do not receive such payment on time. Suspension or cancellation of your access to ARtery 3D for non-payment could result in a loss of access to and use of your Account, as well as loss of User Content stored on the Platform.
To pay the charges for Services delivered through the Platform, you will be asked to provide a valid payment method at the time you register your first patient on your personal platform on the Augmented Anatomy website. You can access and change your billing account information and payment method via your Settings or Profile. You agree to keep your billing account information current at all times.
By providing Augmented Anatomy with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Augmented Anatomy to charge you for the Services using your payment method; and (iii) authorize Augmented Anatomy to charge you for the Services. We may bill you (i) in advance; (ii) at the time of purchase; (iii) shortly after purchase; or (iv) on a recurring basis.
If your chosen payment method is Paypal, your first payment will be a Paypal reference transaction, which may be used as a basis for subsequent Paypal transactions. You are able to stop this via your Paypal account or via Augmented Anatomy at any chosen time, your account will be frozen after that.
If your chosen payment method is credit card and your credit card is invalid for any reason, your account will be frozen on the renewal date of your Subscription and can only be unblocked by entering a new, valid credit card or other valid method of payment as offered on the platform.
When you agree to subscribe to Services on a recurring basis, you will be requested to agree with an automatic renewal of the subscription. We may automatically renew your Services, and charge you the then current price for the renewal term. Augmented Anatomy may change the price of the Services at any time and will notify you by email at least 30 days before the price change.
If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Services offer, that price will remain in force for the term.
Depending on your country of residence and your status (business or private person), local country taxes such as VAT (value added tax) may be applied/added to the amounts you have to pay.
We will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide instructions on how you may cancel the Services on our website. You must cancel the Services before the renewal date to avoid being billed for the renewal. If you cancel your recurring payment option, your account and subscription will remain active until its next renewal date. In case of such cancellation, you will not be given any refund. If you delete your account before the end of the period for which you paid, your cancellation will take effect immediately. In case of deletion of your account, you will not be given any refund for the remaining foreseen period. When you cancel a paid subscription or when your free trial period has expired, your account will be frozen and access to your account will only be possible upon starting a new subscription. For accounts that have been frozen longer than 12 months after cancellation of the subscription, Augmented Anatomy might remove all User Content you uploaded or created but will be entitled to keep all data in an anonymous way to protect the patient’s identity. On request, that patient data may be made accessible again, but only after starting a new subscription or re-activating the previous account.
We can provide you with a billing statement through form of a PDF that will be accessible on your personal account on the website. This is the only billing statement that We provide. If We make an error on your bill, you will have to inform us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Augmented Anatomy has identified a billing error, We will correct that error within 90 days.
When you request Services from us, you agree that We may begin to provide Services immediately. You will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling off period. Payment for Services (whether these are transactions or subscriptions) is non-refundable.
You must pay for all reasonable costs We incur to collect any past due amounts. These include reasonable attorneys’ fees and other legal fees and costs, in event of default.
If Augmented Anatomy owes you a payment, then you agree to timely and accurately provide us with any information We need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions We place on your right to any payment. If you receive a payment in error, We may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
You may terminate your access to the Software at any time, with or without cause. For information and direction on how to terminate your access to ARtery 3D, you can send an e-mail to firstname.lastname@example.org. Upon any termination of your access to the Software: (i) your Account may be cancelled and closed or suspended and your User identification code and password shall be deactivated; (ii) all User Content, created or uploaded by you will be removed from the Platform. We may however continue to use those items for research, internal archival and/or reference purposes; (iii) Augmented Anatomy is entitled to permanently delete your User Content. In case of renewal of the contract after termination, you will be allowed to upload the same limited number of scans per month for segmentation, regardless of the fact that these scans have been segmented before.
Cancellation of your Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
6. Personal Data Protection
6.1.Necessary data processing
At Augmented Anatomy, accessible from https://augmented-anatomy.com or subdomains, one of our main priorities is the privacy of our visitors.
Professional Users are informed that the Personal Data processed by Augmented Anatomy, in the context of ARtery 3D, is necessary to the functioning of the ARtery 3D Software. By using our Services, Professional Users expressly consent having their data processed in according with the conditions described below.
We will process personal data received from You in conformity with the applicable data protection and privacy legislation. Augmented Anatomy will implement sufficient security measures to guarantee this, including procedures to contact You in the event of information security incidents. Augmented Anatomy engages itself to delete and/or modify personal data stored by Us if so, requested by You. Notwithstanding paragraph 5.2, Augmented Anatomy is entitled to use anonymous data transferred by Professional Users or to retain an anonymous copy of the data transferred by them for internal and external research and development purposes, unless We are informed by writing or via the website that the You have opted-out to this within 14 days after uploading the data. With regards to the accessible MRI data, You consent to the fact that Augmented Anatomy will store and process the MRI data of every patient that is registered on your account. In case You decide to opt-out for this consent, You should notify us by writing or via the website and this for each individual MRI dataset. Afterwards, you will no longer be able to visualise the arteries of that specific MRI through the ARtery 3D application.
To provide and improve the information, profiles and data you have requested from us
To keep you informed about the services on our platform, including newsletters and direct marketing messages
To give you the personalized customer support
To provide you with the subscriptions and purchases on our platform
To detect and prevent fraud, technical or security issues
To carry out obligations arising from third party contracts concluded by us in order to provide the Services to our Users;
For any patient that the user includes in the ARtery 3D application, We require and process the following data (may be the subject of modifications):
Full name Date of birth Gender Phone number E-Mail Medical information:
Presence/absence of a pacemaker Metal wires/screws/plates in face/mouth DICOM MR-images as required on the website (3D-TOF MOTSA or equivalent sequence):
as mentioned on the MRI prescription form of the patient an Infrared enhanced 3D-TOF MOTSA (or equivalent sequence) of the face is necessary. The goal of this exam is to visualise the facial arteries. This exam should be performed using a 1.5 or 3T MRI-system (sequence parameters of the following brands may be downloaded from our website: GE, Philips, Siemens or Toshiba/Canon).
MIP-reconstructions as required on the website:
These MIP-recontructions from the DICOM MR-images are made every two degrees over 180° in a sagittal plane, from Profile-right to Profile-left). In order to realize these images and reconstructions go to our website and strictly follow the steps mentioned in the document entitled: “Step-by-step instructions for the radiologist for the MRI-imaging of the facial arteries and uploading them to the Augmented Anatomy Database” If you wish, you can operate the User account under an assumed name (pseudonym), i.e. You do not have to state your real name. The email address that you will communicate to us is very important as it will enable Us to send You important warnings and updates and other relevant information..
We only process the User Data that you actively and voluntarily provide to Augmented Anatomy. The entry of queried User Data is, however, a requirement for the comprehensive use of our products.
Order, support, and billing of our Software require the entry and processing of certain data in order to process your order. Installation of our app leads to technical and device-related data recordings.
Communication by Augmented Anatomy with you within our application or via other electronic messaging services (e.g. email, messenger, telephone, helpdesk chat) is required where necessary to support our service. Please carefully consider what information and data you want to give us in your communication with us – this is solely your decision. For our part, communication with Users may be necessary either by email or push notification. This is how We inform you about updates and assistance. This support communication – as an essential part of our service – is sent to Users notwithstanding whether they have subscribed to our Newsletter or not.
If you consent, We will process your User Data beyond the necessary usage described in the previous section to improve our products and services as described in more detail below. In general, We plan to use User data to improve our products as stated before. In addition, Augmented Anatomy can also record the following User Data:
general patient information (e.g. sex, age)
information about intracranial vessels
information about general anatomical structures
information about the variable location and depth of extracranial facial vessels
We are planning to continually analyze, develop, test, and improve our Software, in order to ensure that our content benefits Users in the most effective way. To do this, We will analyze usage and incorporate learnings into improved new versions of our products. These improvements are also provided to you via regular updates.
6.2. Data used for marketing purposes
We might want to send you interesting information on our Software and services (including information from carefully selected partners) and invitations to participate in surveys or other sales promotion and marketing activities (all abbreviated as “Newsletter”). You can select whether you want to subscribe to our Newsletter. You can revoke your consent (opt out) at any time by contacting email@example.com.
Other consents, e.g. for surveys, notifications, or customized offers, are obtained as required when you are logged in. We are planning to explain to You why We need certain data and also how you can revoke the consent.
The client is entitled at all times to oppose the processing of his data (unless required by law or when necessary for the execution of an agreement). When data are collected with a view to direct marketing (incl. profiling that relates to direct marketing) the person concerned can object to the processing free of charge and without accountability of his data.
Every person whose records Augmented Anatomy keeps, has the right not to be subjected to fully automated decision making. The law does not apply if the decision-making
- required to conclude or execute an agreement;
- is legally permitted;
- is based on explicit permission.
6.3. Data used for statutory purposes
Augmented Anatomy is committed to the science of all aspects of esthetics and medicine in general. Therefore, anonymous User Data can also be used for the purposes of research and statistics (always whilst complying with the recognized ethical scientific standards) and internal analyses to improve our data flow, or any other analysis that is relevant to improve this current technology or develop similar technologies. As a Belgian company, Augmented Anatomy is required to comply with European data protection laws, including the EU General Data Protection Regulation (GDPR). Under the GDPR, all processing of personal data requires a legal basis. Our legal basis under the GDPR for processing personal data for scientific research purposes is found in Article 9 (2) j) of the GDPR.
The use of personal data may also be necessary to prevent abuse by Users or to assert, exercise, or defend legal claims. We may be forced into disclosure due to binding laws, court or official decisions and instructions, criminal investigation, or in the public interest. In such cases, the storage and processing of your data is permitted by law without your consent. As mentioned above, all processing requires a legal basis under the GDPR. For processing personal data for the enforcement of rights, the legal basis is found in Article 9 (2) f) of the GDPR.
Finally, as the manufacturer of a medical device, We are subject to increased requirements for monitoring the functionality of our product. This vigilance system required for regulatory purposes may also involve the processing of personal data. As mentioned above, all processing requires a legal basis under the GDPR. For processing personal data for monitoring the functionality of our product, the legal basis is found in Article 9 (2) i) of the GDPR.
6.4. General information
Augmented Anatomy uses your personal data exclusively for the purposes stated in this terms and conditions and the relevant consents. We ensure that each processing is restricted to only that which is necessary.
Each data transfer – without exception and by default – is encrypted during transfer. We use HTTPS (hypertext transfer protocol secure) to protect your data from interception by unauthorized third parties. In addition, for the purposes of data security and minimization, We also use other processes for the encryption and pseudonymization of User Data. Of course, this depends on the type, scope, and purpose of the relevant data processing and takes into account the latest technology. Data that requires no personal reference for processing (e.g. for research and analysis) is subject to anonymization. This prevents a connection to a specific User being made.
Our cooperation partners are bound by the agreements signed with Augmented Anatomy as well as by the GDPR and only process data according to our instructions. We provide our Users’ Data only to fulfill the contract.
Hosting and cloud service providers and their tools are used to store data and to produce anonymized analyses.
From time to time, We may use other third parties to provide services or support our business or collaborate with third parties with respect to development, promotion or other business activities related to a particular product or service. As a result, We may disclose User Data to contractors, service providers and other third parties but such disclosure will be limited to enabling those third parties to provide their products or services. We may also disclose Personal Information to our subsidiaries and affiliates. The Augmented Anatomy platform uses a third party provider (Stripe) to process payments. This third party provider may collect and process personal data such as name, address and credit card details and transaction history. Personal data will only be shared with third parties for the purposes described above, or when we are required to do so by law. Your personal data will not be sold to third parties.
We may also release your Personal Information to third parties as required by law, when We believe disclosure is necessary to comply with a legal or regulatory requirement, judicial proceeding, court order or legal process served on us, to protect the safety, rights or property of patients, customers, the public or Augmented Anatomy or defend Augmented Anatomy and its officers, directors, employees, attorneys, agents, contractors and partners, in connection with any legal action, claim, or dispute.
In the event of a change of ownership, sale, merger, liquidation, reorganization or acquisition of Augmented Anatomy, in whole or in part, your information may be transferred as part of the transaction, including during the due diligence process, as long as, the party acquiring such information agrees to be bound by the terms of this terms and conditions.
Augmented anatomy does not knowingly collect any personal identifiable information from children under the age of 13. Augmented Anatomy does not allow minors to use the services of this website. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best to promptly remove such information from our records.Our data protection officer Lieselot Rogghe is available to answer all data protection questions at firstname.lastname@example.org.
As technology and processes in the Internet and the data protection legislation are constantly being developed, We have to undertake changes from time to time. We will inform you of changes by appropriate means whilst granting an appropriate advance notice period and if necessary, obtaining new consents.
Should some of your personal data be incorrect, you can request that your data is corrected or completed at any time. You can correct most data yourself in our application. You have the right to restrict data processing for the duration of any investigation on your request. Each User has the right to request the deletion of (a part of) their personal data. To do so, please contact Us at any time at email@example.com. Each User has the right to request that we provide an overview of their personal data to another responsible party, if this is technically feasible, within one month. If you feel we are not protecting your data protection rights adequately, please contact Us at any time at firstname.lastname@example.org.
Users subscribed to the services of Augmented Anatomy agree to the fact that their personal data will be stored within our secure database and this for an undetermined period. The patient MRI data will be stored for an undertemined period.
7. Intellectual property rights
7.1. Content and Services of ARtery 3D
Augmented Anatomy owns and retains all proprietary rights to the software and all associated copyrights, trademarks, brands, service marks, patents, or other proprietary rights under law. All of the trademarks, service marks, brand and trade names and logos appearing on the application are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.
Any failure by the Professional User to deliver on these obligations constitutes an infringement sanctioned by Titles 9 and 10, Book XI and Section 8, Chapter 2 of Title 3, Book XV of the Belgian Code of Economic Law.
Pursuant to the provisions of Title 7, Book XI of the Belgian Code of Economic Law implementing European Directive of 11 March 1996 relating to the protection of data bases into the Code of Intellectual Property, Augmented Anatomy is producer and owner of all or part of the databases constituting ARtery 3D.
By accessing ARtery 3D, the Professional User agrees that its data are legally protected and, in accordance with the Title 7, Book XI of the Belgian Code of Economic Law referred to above, refrains itself from extracting, reusing, storing, reproducing, representing or holding, directly or indirectly, on any support, by any way and in any form, any qualitative or quantitative part of the content of the databases contained within the ARtery 3D which they are accessing, as well as extracting or re-using in a repeated and systematic manner non-substantial qualitative or quantitative parts when these operations clearly exceed normal conditions of use.
7.3. Trade marks and other distinctive signs
Unless otherwise specified, all trademarks used on ARtery 3D are the property of Augmented Anatomy or its business partners.
Save prior and express authorisation from Augmented Anatomy and/or its partners, any use of the trademark and its marks, figurative and otherwise, belonging to Us or to third parties subjects the Professional User to legal action.
8. Cases of force majeure
Augmented Anatomy is not obliged to fulfil its obligations if prevented from doing so by force majeure.
In addition to the provisions of the judicial law in this connection, force majeure in these general terms and conditions is understood to mean any external circumstance, whether intended or not, on which we cannot exert any influence but which prevents Augmented Anatomy to fulfil a part of its obligations. Strikes are also regarded as a circumstance of force majeure.
“Confidential information” includes: all data, software, drawings, audiovisual material, documents, sketches, technical or commercial information, including, but not restricted to information related to products, operations, processes, plans or intentions, product information, know-how, design rights, trade secrets, market and business opportunities, in any form (written, oral, visual, in the form of examples or samples or in any other form including an indication that the information is proprietary or confidential) which are disclosed by one party to the other.
The conditions of this agreement shall be considered as Confidential Information. All Confidential Information disclosed by one party to the other shall remain property of the disclosing party.
If either party receives Confidential information or information belonging to the other party in the context of this agreement, each party agrees to use the Confidential Information of the other party only in the context of this agreement and not to disclose such Confidential Information to any third parties without written consent of the other party. However, the parties are entitled to disclose Confidential Information without written consent to their affiliates (as defined by the Belgian company code) and either party may disclose Confidential Information to its professional consultants and insurers, imposing a confidentiality obligation. Each party agrees to treat the Confidential Information of the other party with no less than the same degree of care that it uses to protect its own confidential information, and in any event no less than a reasonable degree of care.
Confidential Information shall not include information that: (i) became generally available to the public through no breach by the Recipient of its commitments in the context of this agreement; (ii) is disclosed to the Recipient as non-confidential information by another source than the disclosing party and which the Recipient does not believe not to be authorized for disclosure based on a commitment towards the party that disclosed the information; (iii) is independently developed by the Recipient or was already known to the Recipient before it was disclosed by the disclosing party; (iv) is disclosed pursuant to the order of a competent court, administrative agency or other governmental body or pursuant to laws or regulations, writs or any other administrative or legal proceedings or of the applicable regulatory or professional standards; (v) is disclosed upon written consent of the disclosing party; or (vi) consists of anonymous data transferred by the client.
10. Restrictions of liability and redress
The parties, their affiliated companies, intermediaries, subcontractors or one of their staff shall have no liability towards the other party based on an agreement, non-contractual liability rules (including, but not restricted to negligence) or otherwise with respect to (i) any loss or damage suffered by the other party as a result of third-party claims, or (ii) incidental, special, penal, moral, indirect or consequential damages or loss suffered by the other party such as, but not restricted to lost profits, loss of goodwill, data loss, business opportunities or expected savings.
No provision of this agreement excludes or limits either party’s liability for: (i) wrongful intent, or (ii) fraud.
Augmented Anatomy’s liability arising from this agreement, the law or non- contractual liability or otherwise is limited to the total compensation due by the Professional User to Augmented Anatomy in execution of the agreement.
Neither party may file a claim, in any form, arising from or related to this agreement more than one year following the occurrence of the grounds for the claim, with the exception of claims for non-payment of invoices filed by the party entitled to the payment based on an invoice issued in the context of this agreement.
Augmented Anatomy may at any time propose amendments, deletions or additions to these Terms and Conditions by giving notice of such Change by posting a revised version of these Terms and Conditions on the website. You will be deemed to have accepted the Change one month after you have received notice of it, with the Change taking effect once the 1 month notice period has passed. If you do not accept any Change, you must inform Us by e-mail to contact@Augmented-anatomy.com, upon which you can continue using our services to finish your outstanding balance. If the balance is not finished within 12 months, Augmented Anatomy has the right to terminate the contract and pay back any outstanding balance.
The 1 month notice period will not apply where a Change is required by law or relates to the addition of a new service, extra functionality to the existing Service or any other change which neither reduces your rights nor increases your responsibilities. In such instances, the Change will be made without prior notice to you and shall be effective immediately upon giving notice of it.
With the exception of the cases mentioned below, neither party may assign, transfer or delegate any of its rights or obligations arising from this agreement (including, but not limited to, claims with respect to this agreement) without prior and written consent of the other party, which consent will not be unreasonably withheld. Augmented Anatomy may, after sending a notification to the Professional User, outsource its obligations and responsibilities arising from this agreement to its affiliates or subsidiaries without discharging Augmented Anatomy of its obligations in the context of this agreement.
Any failure by a party to enforce the other party’s strict performance of any provision of this agreement shall not constitute a waiver of its rights as defined in this agreement, legal or equitable rights or of any other provision or rights to subsequently enforce any other provision of this agreement.
These terms and conditions and the entire legal relationship between Augmented Anatomy and the User is subject exclusively to Belgian law. However, as a consumer the User enjoys the protection of mandatory laws in the country in which it is located or habitually resident.
If any provision from this agreement is deemed to be unenforceable by a court of competent jurisdiction, this provision shall not affect the other provision of this agreement. Instead, this unenforceable provision shall be construed as though more narrowly drawn insofar as this is necessary to make it enforceable, so as to effect the original intent of the parties, as set out in this agreement, as closely as possible.
The place of fulfilment and sole court of jurisdiction for all disputes arising from these terms and conditions is agreed as the head office of Augmented Anatomy in Ghent, Belgium. Mandatory conflicts of laws in favour of consumers remain unaffected.