Terms of Service
Effective Date: [Insert Date]1. Introduction and Agreement
These Terms and Conditions ("Terms") govern your access to and use of the Imaging Exchange Protocol (IXP) platform and related services (collectively, the "Service") provided by Medical Information Xchange Protocol Ltd., a company registered in the United Kingdom ("MIXP," "We," "Us," or "Our").
By registering for, accessing, or using the Service, you ("Client," "User," or "You") agree to be bound by these Terms. If You are entering into this agreement on behalf of a company, organization, or other legal entity, You represent that You have the authority to bind that entity to these Terms.
2. Description of Service
The Service is a standard-based, scalable, and secure platform designed to facilitate the secure transfer, exchange, and collaboration on medical data, including imaging studies (CT, MRI, Digital X-Ray, etc.) and associated reports.
2.1. Core Components include:
- Imaging Exchange Protocol (IXP): The underlying technology for secure and rapid data transfer.
- Adaptive Image Optimization (AIO) Protocol: Proprietary technology ensuring fast, secure, high-quality imaging transmission, even with limited bandwidth.
- Hybrid Cloud Infrastructure: Flexible, scalable, and cost-effective data storage and processing.
- Ancillary Services: Multi-Specialty Collaboration tools, Patient Engagement Solutions (secure portals), and Analytics & Reporting (including AI-enhanced insights).
3. User Obligations and Responsibilities
3.1. Authorised Use:
The Service is intended for use by clinics, diagnostic centers, hospitals, healthcare networks, research institutions, and their authorised, qualified medical and administrative personnel.
3.2. Compliance with Law and Data Integrity:
- You are responsible for obtaining all necessary patient consents, authorizations, and legal bases required under UK law (GDPR/DPA 2018) to collect, process, and transfer patient data to the Service.
- You warrant that all data uploaded to the Service, including patient and personal data, is accurate, complete, and legally processed.
- You shall ensure all Users accessing the Service comply with these Terms and all applicable laws, including professional regulatory standards in the UK.
3.3. Account Security:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify MIXP immediately of any unauthorized use or security breach.
4. Subscription, Payment, and Service Level
4.1. Subscription Model:
The Service is offered on a subscription-based model. Specific fees, billing cycles, and service tiers shall be detailed in a separate Service Agreement or Order Form executed between You and MIXP.
4.2. Payment Terms:
All payments are due according to the terms specified in the Service Agreement. Failure to pay may result in the suspension or termination of access to the Service.
4.3. Reliability and Service Availability:
MIXP guarantees a high level of reliability and strives to provide uninterrupted, secure access. Specific Service Level Agreements (SLAs) regarding uptime, efficiency (e.g., target 30-minute Turnaround Time), and technical support will be outlined in the separate Service Agreement.
5. Intellectual Property Rights (IP)
5.1. IXP Ownership:
All right, title, and interest in and to the IXP platform, the Adaptive Image Optimization (AIO) protocol, all related proprietary technology, software, documentation, and any AI-enhanced insights or analytics generated by the Service (excluding Your patient data) are and will remain the exclusive property of MedApp Dynamics Pte. Ltd. and its exclusively licensed to MIXP to operate in the United Kingdom and Wales.
5.2. Client Data Ownership:
You retain all ownership and intellectual property rights in and to the medical images, reports, and associated patient data ("Client Data") You upload to the Service. MIXP receives a non-exclusive, license to use the Client Data solely as necessary to provide, maintain, and improve the Service, and to generate anonymized or aggregated statistical data.
6. Data Processing and Security
The handling of patient data is governed by the separate Data Processing Agreement (DPA), which is incorporated into these Terms by reference and must be executed between You (as the Data Controller) and MIXP (as the Data Processor).
6.1. Security Measures:
MIXP employs robust security measures, including industry-standard dual-layer encryption, adherence to compliance frameworks, and periodic Vulnerability Assessment and Penetration Testing (VAPT), to protect Client Data.
7. Warranties and Limitation of Liability
7.1. Disclaimer of Warranty:
The Service is provided "as is" and "as available." While MIXP strives for high reliability and efficiency, we do not warrant that the Service will be error-free, completely secure, or always available. MIXP is not responsible for diagnostic or clinical decisions made by the User based on data processed by the Service.
7.2. Limitation of Liability:
To the maximum extent permitted by UK law, MIXP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) Your use or inability to use the Service; (b) any unauthorized access to or use of the Service or Client Data; or (c) any conduct or content of any third party on the Service. The total aggregate liability of MIXP under these Terms shall not exceed the total fees paid by You for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.
8. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.
9. Termination
9.1. Termination by Client:
You may terminate your subscription as set forth in the relevant Service Agreement.
9.2. Termination by MIXP:
MIXP may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms, fail to pay subscription fees, or if your actions jeopardize the security or integrity of the platform.