Terms of Service

1. Agreement to Terms

By accessing or using MySegmenter ("the Service"), operated by MySegmenter Technologies Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these Terms, you may not access or use the Service.

You must be at least 18 years of age or the legal age of majority in your jurisdiction to use this Service. By using the Service, you represent and warrant that you meet this requirement.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

2. Description of Service

MySegmenter is a FDA 510(k) cleared (K242647) medical image management and processing system designed for medical image segmentation and 3D visualization of CT and MRI data. The Service is classified as a Class II medical device under 21 CFR 892.2050.

Intended Use: MySegmenter is intended for use by trained healthcare professionals for viewing, processing, and analyzing medical images. The software assists in the visualization and segmentation of anatomical structures from medical imaging data.

Important: MySegmenter is a diagnostic aid tool and is not intended to replace the clinical judgment of qualified healthcare professionals. All clinical decisions should be made by appropriately trained medical personnel.

3. Account Terms

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may not share your account credentials or allow others to access your account. Each user must have their own individual account. We reserve the right to suspend or terminate accounts that violate these terms.

4. License & Usage Rights

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

You may:

• Use the Service on authorized machines as per your license agreement
• Create and export segmentation data for clinical and research purposes
• Integrate the Service with compatible DICOM systems

You may not:

• Copy, modify, or distribute the software without authorization
• Reverse engineer, decompile, or disassemble the software
• Remove or alter any proprietary notices or labels
• Sublicense, rent, lease, or lend the software to third parties
• Use the Service to develop competing products
• Exceed the number of licensed users or machines specified in your subscription

5. Medical Disclaimer

While MySegmenter has received FDA 510(k) clearance, users must understand that:

• The software is an aid to, not a replacement for, clinical decision-making
• All segmentation results should be reviewed and verified by qualified healthcare professionals
• The software should not be used as the sole basis for clinical decisions
• Users are responsible for ensuring appropriate clinical use
• The software is not intended for use in emergency or time-critical diagnostic situations where delays could harm patients

Healthcare providers using MySegmenter maintain full responsibility for patient care decisions and must exercise independent professional judgment.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in violation of any applicable laws or regulations, including HIPAA, GDPR, or other healthcare privacy laws
• Upload or process data that you do not have the right to use
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Introduce viruses, malware, or other harmful code
• Use automated systems to access the Service without permission
• Impersonate any person or entity
• Use the Service for any purpose other than its intended medical imaging use

7. Intellectual Property

Our Property: The Service, including all software, algorithms, designs, text, graphics, logos, and other content, is owned by MySegmenter Technologies Inc. and is protected by copyright, trademark, and other intellectual property laws. MySegmenter® is a registered trademark of MySegmenter Technologies Inc.

Your Data: You retain all ownership rights to the medical images and data you upload to the Service ("User Data"). By using the Service, you grant us a limited license to process your User Data solely for the purpose of providing the Service to you.

Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or attribution to you.

8. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

HIPAA Compliance: If you are a Covered Entity or Business Associate under HIPAA, you acknowledge that the use of MySegmenter may involve Protected Health Information (PHI). You are responsible for:

• Ensuring appropriate Business Associate Agreements are in place
• Implementing appropriate administrative, physical, and technical safeguards
• Obtaining necessary patient authorizations where required
• Training your workforce on proper use of the Service with PHI

We implement industry-standard security measures to protect data processed through our Service. However, you are responsible for the security of your own systems and network connections.

9. Payment Terms

Fees: Access to certain features of the Service requires payment of subscription fees. Current pricing is available on our website or upon request.

Billing: Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan. All fees are non-refundable except as expressly stated in these Terms or required by law.

Price Changes: We may change our fees upon 30 days' notice. Price changes will take effect at the start of your next billing cycle.

Taxes: Fees do not include taxes. You are responsible for paying all applicable taxes associated with your use of the Service.

Late Payment: If payment is not received within 30 days of the due date, we may suspend your access to the Service until payment is received.

10. Termination

By You: You may terminate your account at any time by contacting us or using the account deletion feature. Termination will take effect at the end of your current billing period.

By Us: We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach any provision of these Terms
• Your payment is overdue
• We are required to do so by law
• We reasonably believe your use poses a security risk

Effect of Termination: Upon termination:

• Your right to use the Service immediately ceases
• You will have 30 days to export your data
• We may delete your data after the 30-day period
• Provisions that by their nature should survive termination will survive

11. Disclaimers & Warranties

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• The Service will meet your specific requirements
• Any defects in the Service will be corrected

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSEGMENTER TECHNOLOGIES INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total liability for any claims under these Terms shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless MySegmenter Technologies Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your violation of any applicable laws or regulations
• Any claim related to your User Data

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Dispute Resolution: Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Updating the "Effective Date" at the top of this page
• Sending an email to registered users for significant changes

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

MySegmenter Technologies Inc.

8th The Green, Suite #10588

Dover, Delaware 19901, United States

Email: legal@mysegmenter.com

For general inquiries, visit our Contact Page.