Terms of Use (Public Offer)
Effective from [publication date].
Provider: [full name of the legal entity / sole proprietor], [registered address], [registration / tax number].
1. Subject matter
These terms constitute a public offer under Art. 437 of the Civil Code of the Russian Federation (for users in other jurisdictions, an equivalent adhesion contract under the applicable local law). The Provider gives the user access to the Ceph software service for digital cephalometric analysis of images (the “Service”) on the terms set out below.
2. Acceptance of the offer
Acceptance of this offer is the act of registering in the Service with a valid invitation code. From the moment of registration the agreement is considered concluded between the user and the Provider.
3. How access is provided
- Access is granted by a personal invitation code issued by the Service administrator; the number of free studies available immediately after registration is determined by the parameters of the specific code.
- Additional ongoing access is provided as a subscription (1, 6 or 12 months) with a monthly top-up of the study quota — the plan and the size of the quota are assigned by the Service administrator.
- Online payment through the Service is not provided; the payment procedure (if any) is agreed separately between the user and the Provider outside the Service.
4. Rights and obligations of the user
- The user undertakes to use the Service only for lawful purposes and not to share their credentials with third parties.
- A user who uploads patient data warrants that they have obtained the necessary consent of the patient (or the patient’s legal representative) to the processing and storage of medical data in the Service, and bears full responsibility for the lawfulness of such upload — see the consent form.
- The user undertakes not to attempt unauthorised access to other users’ data and to report to the Provider any vulnerabilities of the Service known to them.
5. Limitation of liability
The Service is a software tool for marking points and building auxiliary reports from uploaded images. The Service is not a medical device, does not make a diagnosis and does not replace the professional judgement of a physician. The final clinical decision, and responsibility for it, always remain with the specialist using the Service. The Provider is not liable for medical decisions made on the basis of data obtained through the Service.
6. Intellectual property
The software code, design and analysis methods implemented in the Service are the intellectual property of the Provider or are used on lawful grounds. The user retains all rights to the images and patient data they upload; the Provider makes no claim to these rights and uses them solely to provide the service.
7. Changes and termination of access
The Provider may suspend or terminate the user’s access to the Service in case of breach of these terms, and in the cases provided for by the Privacy Policy (for example, on a data erasure request). The user may stop using the Service at any time and request the erasure of their data.
8. Governing law and dispute resolution
The relationship of the parties is governed by the law of [the Provider’s country of registration, by default — the Russian Federation], unless mandatory consumer-protection rules of the user’s country provide otherwise. Disputes are resolved by negotiation and, failing agreement, in the manner established by the applicable law.
9. Changes to the terms
The Provider may change these terms by publishing a new version at the same address. Continued use of the Service after the changes are published means acceptance of the new version.
This is a standard template and is not legal advice. Before publication on a live domain it must be adapted by a qualified lawyer to the specific organisation, the applicable law and the actual payment procedure.