By using or visiting the Radailogy Website or any Radailogy Services, you expressly agree to be bound by and to follow these terms and conditions and all applicable laws and regulations governing the website. Radailogy reserves the right to change these terms and conditions at any time. 

1. Scope of these GTC

The General Terms and Conditions (“GTC”) of Radailogy apply to the website www.radailogy.com and its subdomains (together “Radailogy Website”) and all services provided by Emergency Radiology Schueller. Emergency Radiology Schueller, a sole proprietorship with headquarters in CH-6312 Steinhausen, Sumpfstrasse 26, commercial registration CH-020.1.068.519-2, registered in the Commercial Register Office Canton Zug, is the owner of the trademark Radailogy, and any reference in the following to Radailogy shall have the meaning of Emergency Radiology Schueller.

While we gather and use your personal data we respect your privacy. You can find further information regarding the use of your personal data in our Privacy Policy.

2. Purchase of Services from Radailogy

2.1 General

On the Website, we will inform you about various services (“Radailogy Services”), we provide. 

If you wish to request Radailogy Services you need to open a user account on the Radailogy Website (“User Account”) and thereby enter your name, last name, e-mail address, gender, date of birth, company name and country of registration and a document proofing your medical qualification. In addition, you will be asked to create a password and accept the Terms and the Privacy Policy. The registration is completed only if you activate the registration by clicking on the link sent to you to your e-mail address. It is in our sole discretion to reject any user without giving reason.

If you would like to acquire Radailogy Services, you can simply log in to your User Account and choose the Radailogy Services you are interested in. After that you can upload the document to be analyzed (“Document”).

The content of the Website does not constitute an offer and shall instead solely constitute an invitation to you to make an offer. Clicking the place order button in the final step of checking out represents your offer to purchase the selected Radailogy Services (service request). We will confirm your purchase of the Radailogy Services with an email (purchase confirmation). Such purchase confirmation will be sent to you by e-mail no later than 2 hours after we have received your service request. During such time you are legally bound by your offer. We may deny your service request for any reason.

Once the contract is concluded and the radiological image (Document) has been uploaded either the Radailogist or the AI or a combination of both processes will analyze the Document. The result (finding) will be displayed on the User Account together with an invoice for the chosen Radailogy Services and you will be informed by email that new information are available on your User Account.

2.2. Radailogy Services 

Currently, you can choose between the following Radailogy Services:

• Pure AI
• Combained
• Defained

Full details of what is included in your selected Radailogy Services are shown on the Radailogy Website.

2.3 Prices and Payment Terms

Full details of what is included in the price of your Radailogy Services are shown on our Website. 

While we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the price of the Radailogy Services you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order. 

Our invoices are due 14 days after invoice date.

2.4 Performance of Radailogy Services

The services of Radailogy are in general available 365 days a year. 

Even though we shall make best efforts to give you the finding of our Radailogy Services within 48 hours, we can’t guarantee you to be able to meet this deadline at all times. 

Depending on the Radailogy Services you choose, the Document may be forwarded to an AI provider (internal or external) or to a Radailogist for processing.   

If AI is being used as part of the Radailogy Services, the use of the AI is subject to the general terms and conditions of the respective AI (GTC AI). Radailogy is not liable for the results of these AI evaluations.

3. Obligations of Customer

You as a Customer are responsible for pseudonymization of the uploaded Document. 

You as a Customer are responsible that the forwarding of Patient data complies with the applicable data protection or any other applicable law. Whenever required by the applicable law, Customer is responsible for obtaining consent of the Patient. This responsibility lies solely with the Customer. Customer guarantees that the forwarding to Radailogy and processing by Radailogy of the Patient data of the Document is permitted by the applicable law. 

If you are accessing and/or using the Website or the Radailogy Services on behalf of your employer or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind your company to these Terms and everywhere these Terms refer to you, it shall also include your company.

In the event a Patient or any third party makes or institutes any claim, action, or proceeding against Radailogy, which arises from the Radailogy Services and is based on the allegation that the forwarding and processing of the Patient data does not comply with the applicable data protection law or any other applicable law, Customer shall: 

• at its own expense, defend Radailogy against the claim, action or proceeding;
• indemnify and hold harmless Radailogy for any amount finally awarded against or imposed upon Radailogy (or otherwise agreed in settlement) under the claim, action or proceeding; and
• reimburse claim, action or proceeding for any out-of-pocket legal expenses (including reasonable attorney’s fees) that Radailogy reasonably incurred under the claim, action or proceeding prior to Customer notifying Radailogy that Customer will be assuming defense of the claim, action or proceeding, or otherwise actually assuming such defense, whichever occurs earlier.

4. Permitted Use of the Radailogy Website

The content and software on the Radailogy Website are the property of us and is protected by Swiss and international copyright laws. You agree that you are only authorised to visit, view and to retain a copy of pages of this Website for your own use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Radailogy Website for any purpose other than to review Radailogy Services and information.

5. Limitation of Liability

For damages caused by acts of intent and gross negligence Radailogy shall be liable without limitation. Any other liability is excluded. 

We shall make reasonable effort to ensure that the content available on the Website is complete, up to date and accurate. However, we do neither warrant the availability nor the completeness, accuracy or correctness of the content on the Website and may not be held liable for any damage and expenses attributable to such deficiencies. You hereby acknowledge that we disclaim any express or implied guarantee for the content of any linked third party website and that we may not be held liable for any damage and expenses resulting from the content of any linked third party website.

Owing to the technical particularities of the internet, we disclaim any express or implied guarantee with regard to the error-free or seamless availability of our Services via the internet. 

6. Violation of the Terms

You understand and agree that in our sole discretion, we may terminate your access to the Radailogy Website, cancel your Radailogy Services or exercise any other remedy available. 

7. General

The Radailogy Website is controlled and operated by us from our offices in Switzerland. For any complaints regarding the Website or Radailogy Services, please contact us here. If there is any dispute about or involving the Website and the Radailogy Services offered to you, you agree that the dispute will be governed and construed by Swiss law. 

In the event of a dispute arising out of or relating to these GTC, or your use of or access to this Radailogy Website or any Radailogy Services, litigation must be brought in court in Zug, Switzerland without regard to its conflict of law provisions. 

In case these GTC are available in different languages. In case of any inconsistencies between the different language versions, the English version shall prevail. The English version is available on our Radailogy Website or shall be sent to you upon your written request.

Radailogy reserves the right to change or amend these GTC at any time without giving reasons. The most current GTC will be displayed on the Radailogy Website. In case of substantial changes or additions to the GTC, Customers will be informed immediately on the internet portal www.radailogy.com about the new amended passages of the GTC. If the changed GTC are not contradicted within two weeks after receipt, they are considered accepted.

If any provision of these GTC is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.
AI is the use of complex algorithms and software to emulate human cognition in the analysis, interpretation, and comprehension of complicated medical and healthcare data. An AI in healthcare which uses medical data reveals a result for the use in medicine.

8. Definitions

Artificial Intelligence (AI):
AI is the use of complex algorithms and software to emulate human cognition in the analysis, interpretation, and comprehension of complicated medical and healthcare data. An AI in healthcare which uses medical data reveals a result for the use in medicine.

Customer:
Natural person or legal entity purchasing Radailogy Services from Radailogy

Document:
Radiological image

GTC:
These General Terms and Conditions

Patient:
The natural person who is under treatment of the Customers and whose radiological image is being analyzed as part of the Radailogy Services

Privacy Policy:
Privacy Policy from Radailogy

Radailogy:
Emergency Radiology Schueller

Radailogy Services:
Services provided from Radailogy to Customer

Radailogy Website:
www.radailogy.com and its subdomains

Radailogist:
A radailogist is a medical specialist, including radiologists, dermatologists, pathologists, internal mediciners, surgeons, opthalmologists. He is trained in the application of AI in healthcare.

User Account:
Account on the Radailogy Website of the Customer, where he can purchase Radailogy Services.