This document of legal terms and conditions (the “Legal Notice”) is intended to regulate the conditions for using the website “singularity-biomed.com”, where “Website” means all of the pages and the contents thereof owned by Singularity Biomed, S.L. (“Singularity Biomed”) and hosted on those domains and their respective subdomains, and the ThermoHand application (“ThermoHand”), an Android application developed and owned by Singularity Biomed, S.L.
Singularity Biomed reserves the right to unilaterally change, at any time and without prior notice, the presentation, configuration and contents of the Website and/or the ThermoHand application. In addition, Singularity Biomed reserves the right to suspend or terminate, at any time and without prior notice, all or part of the services offered.
In compliance with the provisions of the Spanish Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (Servicios de la Sociedad de la Información y de Comercio Electrónico, LSSICE) and in compliance with the provisions of the existing regulations on personal data protection, (EU) 2016/679 regulation of 27 April 2016 (GDPR) and the Organic Law on Data Protection and Guarantee of Digital Rights 3/2018, in Spain, of December 5th (Ley Orgánica de Protección de Datos y Garantía de Derechos Digitales, LOPD GDD) and its implementing rules, we inform that the owner of the domain “www.singularity-biomed.com” is Singularity Biomed, S.L., whose identifying particulars are:
- Registered office: Avenida Via Augusta 15-25, 08174 Sant Cugat del Vallès, Barcelona, Spain.
- Registry particulars: registered at the Mercantile Registry of Barcelona in Volume 46854, Folio 92, Sheet B 533174
- Taxpayer identification number: B-67399923
Singularity Biomed has the following means of contact:
- Postal address: Avenida Via Augusta 15-25, 08174 Sant Cugat del Vallès, Barcelona, Spain.
- E-mail: firstname.lastname@example.org
Singularity Biomed has the license to operate the installation of medical devices, granted by the Spanish Agency for Medicines and Health Products, in accordance with the provisions of Law 14/1986, of April 25, General of Health and Royal Decree 1591/2009, of October 16.
ACCEPTANCE OF THE LEGAL NOTICE
USE OF THE WEBSITE
The User undertakes to use the Website in accordance with the Law and with this Legal Notice, and will be liable to Singularity Biomed or to third parties for any damage or loss that may be caused as a result of a breach of such obligation.
Likewise, the User undertakes not to use the Website for purposes that are unlawful, unauthorized, fraudulent and/or contrary to the purposes established in this Legal Notice, which may be detrimental to the rights and/or interests of Singularity Biomed or of third parties or which may in any way damage, disable, overload or impair the Website or the server on which it is hosted, hinder its normal use or enjoyment and the correct functioning of the services offered or to be offered on it in the future.
USE OF THE THERMOHAND APPLICATION
Through the ThermoHand application, Users may acquire the results obtained from the processing of the thermal images of the patient’s hands used to assist with the assessment of the joint inflammation (the “Tests”).
In this respect, the User accepts that the Tests conducted by Singularity Biomed are limited mainly by the following:
- The Tests are tools to assist with the assessment of the joint inflammation of the hands, but do not in any case replace the assessment performed by a medical professional;
- In no case does ThermoHand offer diagnoses nor does it imply the prescription, cancellation or modification of any medical treatment.
- ThermoHand is intended to be used by a healthcare professional, its use by the patient is prohibited.
- Under no circumstances should patients use the information provided the Test to self-diagnose or self-medicate.
- Since they involve tools to assist with the assessment of joint inflammation, the User expressly accepts that Singularity Biomed does not guarantee that its services (including the results thereof) are free from error, are 100% accurate, reliable and certain, have continuity over time or respond to certain expectations on the part of Users;
- Singularity Biomed conducts its test on the basis of certain ranges of normalcy set from time to time by the scientific community. Due to ongoing advances in scientific research, these ranges may vary and therefore not maintain continuity over time.
OBLIGATIONS OF THE USER
As a general rule, the User undertakes to comply with this Legal Notice and with the special notices or instructions on use contained in the same, on the Website or on the ThermoHand application.
Specifically, and without this entailing any restriction on the general obligation assumed by the User in accordance with the preceding paragraph, the User undertakes:
- Not to introduce, store or disseminate on or from the Website or the ThermoHand application any information or material that is defamatory, harmful, obscene, threatening, xenophobic, incites violence, discriminates by reason of race, sex, ideology, religion or any other social or personal condition or circumstance, or that is in any way contrary to morals, public policy, fundamental rights, public freedoms, integrity, privacy or the image of third parties and in general the current legislation;
- Not to introduce, store or disseminate through the Website or through the ThermoHand application any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that may cause damage to the Website, to the ThermoHand application, to any of the services offered by Singularity Biomed, or to any of the equipment, systems or networks of Singularity Biomed, any User, Singularity Biomed’s suppliers or in general any third party, or which is otherwise capable of causing any type of alteration thereto or preventing the normal operation thereof;
- Not to engage in advertising, promotional or commercial activities through the Website or through the ThermoHand application that are not expressly authorized by Singularity Biomed, nor to use the contents and in particular the information obtained through the Website or through the ThermoHand application to issue advertising, send messages for direct sales purposes or with any other commercial aim, nor to collect or store third-party personal data;
- Not to use false identities, nor steal the identity of others in using the Website, the ThermoHand application or in using any of the services provided by Singularity Biomed, including any use of third-party passwords or user keys or in any other way;
- Not to destroy, alter, exploit for their use, disable or damage the data, information, programs or electronic documents of Singularity Biomed, its suppliers or third parties;
- Not to introduce, store or disseminate through the Website or through the ThermoHand application any content that infringes intellectual property rights or business secrets of third parties, nor in general any content for which the User does not have, in accordance with the law, the right to make it available to a third party.
In the event that, at any time, the User is offered the possibility of posting comments or opinions on the Website, the User must take into account that, with respect to such comments:
- The User will be fully responsible for the contents and opinions reflected, releasing Singularity Biomed from any liability.
- Any contents that include insults or statements intended to humiliate, including those of a racist, discriminatory or degrading nature, which attack third parties in any way are prohibited.
- Comments that are not related to the activity of or services offered by Singularity Biomed are not permitted.
- Advertising of other websites, including links to other pages or references to third parties is strictly prohibited without the authorization of Singularity Biomed.
Registration and passwords
When accessing the ThermoHand application or other services of the Website that require prior registration, the User will be responsible for providing true and lawful information for such registration.
The User undertakes to use diligently and keep secret the password for accessing these services, and not to grant its use to third parties, whether temporarily or permanently, nor to allow outside parties to have access to it.
Likewise, the User will be responsible for the unlawful use of the services by any illegitimate third party that employs a password as a result of a non-diligent use or the loss of the password by the User.
Accordingly, the User is under the obligation to immediately notify Singularity Biomed, through any of the means of contact made available to the User in this Legal Notice, of any event that allows passwords to be misused, such as theft, loss, or unauthorized access thereto, so that Singularity Biomed may immediately cancel it.
Operation of ThermoHand
All the information that the User provide through the ThermoHand application must be truthful. The results offered always respond to the information provided by the User at the time of Test. This information may be different from the actual state of the patient due to a misinterpretation of the communications between the ThermoHand application and the User. The User is responsible for the information provided and for correctly interpreting the resulting information. For these purposes, users guarantee the authenticity of all the data they communicate as a result of filling in the application forms and the acquisition of the thermal images.
The User also guarantee that the patient have not altered the heat emitted by their hands, that they have remained at room temperature for at least 10 minutes and that they have not applied creams or other substances to the hands that could affect the acquisition of thermal images.
The User is responsible for properly maintaining the thermal camera and ensuring that the lens is clean, the objective is focused correctly and the camera is not damaged, as specified in the user manual.
By way of illustration and not limitation, users may not:
- Provide false, inaccurate or outdated information.
- Take thermal images incorrectly or differently from those specified in the user manual.
- Alter the heat emitted by the hands, for example, by heating or cooling with external energy sources.
- Apply cosmetics, creams or any substance to the hands before acquiring the thermal images.
DISCLAIMER OF LIABILITY
Singularity Biomed makes the utmost effort to ensure that browsing on and access to the Website and/or the ThermoHand application occur under the best conditions. In any case, access to the Website and/or the ThermoHand application is the sole responsibility of the User, so any risks arising from the use of the Website and/or the ThermoHand application by the User will be the sole and exclusive responsibility of the User.
Singularity Biomed will only be liable for the direct damage that the User may sustain as a result of the malfunction of the Website, where such damage is directly attributable to Singularity Biomed. Any actual loss or lost profits that may be sustained by the User are expressly excluded.
Singularity Biomed’s liability with respect to any damage and loss that may be attributable to it will in no event exceed, by express agreement between the parties, the amount, if any, which has been paid by the User in question in respect of the price to acquire any service provided by Singularity Biomed through the Website and/or the ThermoHand application (without including any taxes that may apply).
Singularity Biomed disclaims, and the User so accepts, any liability for the misuse or unauthorized use of the registration data provided to the User for access to certain services (user name, password, etc.) and due to a lack of diligence on the part of the User to keep them secret.
Likewise, Singularity Biomed disclaims, and the User so accepts, any liability for damage and loss of any kind that may be due, for illustration purposes and without limitation, to:
- The presence of viruses or other harmful elements on the Website, or websites to which Users may have access through the links posted on the same, which may cause alterations to the IT system, electronic documents or files of the Users;
- Interference, omissions, interruptions, breakdowns and/or disconnection in the operational functioning of this electronic system or in Users’ IT hardware or devices, caused by reasons unrelated to Singularity Biomed, which prevent or delay the provision of the services or browsing on the Website;
- Delays or blockages in use caused by deficiencies or overloads of the Internet or in other electronic systems or which may be caused by third parties through unlawful interference beyond the control of the Website and which are not attributable to Singularity Biomed;
- The impossibility of providing the service or permitting access for reasons not attributable to Singularity Biomed, due to the User, third parties or events of force majeure.
With respect to the information and contents included on the Website or to which the User may have access as a result of the links posted on the same, Singularity Biomed in no way guarantees either access at a given time to such information, or its accuracy, updates, suitability or usefulness for the aims sought by the User.
In particular, Singularity Biomed disclaims, and the User so accepts, any liability for the improper use that the User makes of the Tests. Singularity Biomed reiterates that the Tests are tools to assist the User, a healthcare professional, which have not been designed in any event to replace the assessment performed by a medical professional.
Singularity Biomed disclaims, and the User so accepts, any liability with respect to the thermal camera used to acquire the thermal images (THERMAL EXPERT TE-Q1). This thermal camera is a general purpose camera, manufactured and sold by third parties.
PERSONAL DATA PROTECTION
Execution of the ThermoHand tests:
Due to the characteristics of the ThermoHand application and that the tests are performed using diagnostic imaging software, Singularity Biomed has adopted the following measures to ensure compliance with data protection legislation:
TermoHand application does not collect and send to the Singularity Biomed’s servers any personal data or information which may enable Singularity Biomed or any third party to access same. Consequently, Singularity Biomed does not have access, not even incidentally, to any personal data of the patient.
In addition to storing files, Singularity Biomed stores persistent information in databases. Said information does not contain personal data, only reference codes, and also references to files that enable the management of the information. It is placed on record that the information included in the codes and references does not allow Singularity Biomed or any third party to link it with personal data through inverse processing of said codes or references.
In view of the above, Singularity Biomed does not have access at any time to personal data to run the ThermoHand tests, and is therefore released from any liability in relation to same.
Consequently, the User will be solely responsible for any breach of data protection legislation during the use of the ThermoHand application.
The content of the Website and ThermoHand application (the “Content”) which includes, without limitation, texts, photographs, diagrams, images, icons, software, links and other audiovisual content and source codes are the intellectual property of Singularity Biomed, or of third parties who have assigned their use to Singularity Biomed. Said Content is protected by national laws and international treaties on intellectual property rights that are applicable.
All the trademarks, trade names or distinctive signs of any nature that appear on the Website and/or the ThermoHand application are owned by Singularity Biomed or third parties that, as the case may be, have authorized Singularity Biomed to include and use them.
All the intellectual property rights in the Website and in the ThermoHand application are legally reserved and access to same and its use by the User should not be considered as constituting the grant of a license to use or right in any other asset held or owned by Singularity Biomed or third parties.
The reproduction in whole or in part, in any way, of the content, trademarks, trade names and distinctive signs included on the Website and/or the ThermoHand application, and the sale, assignment, lease, distribution, public communication, transformation or any other use of same, without Singularity Biomed’s express authorization is totally prohibited and shall be pursued in the civil and, where applicable, criminal courts, in accordance with applicable national laws and international treaties.
The User also accepts and consents that the use of the ThermoHand application involves the assignment, on an exclusive basis and free of charge, to Singularity Biomed of the exploitation rights in all the information provided to perform the tests, including rights of use, dissemination, distribution, display, public communication, disclosure and reproduction, and also the right of transformation for the publication and/or promotion on any printed or digital media.
The territorial scope of exploitation of the Tests whose rights are assigned shall be worldwide and for the maximum duration permitted by intellectual property legislation in force.
Singularity Biomed may authorize third parties to advertise or provide their services on the Website.
In the event that the Website or ThermoHand has links or hyperlinks to other Internet sites, Singularity Biomed S.L. shall not exercise control over said sites and contents. Under no circumstances Singularity Biomed S.L. assumes any responsibility for the contents of any link belonging to a third party website, nor guarantees the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. The inclusion in the Web of links or hyperlinks to other Internet sites does not imply any type of association, merger or participation of Singularity Biomed S.L. with the connected entities.
SEVERABILITY OF THE CLAUSES
If any of the clauses included in this Legal Notice is declared wholly or partially null and void or ineffective because it breaches applicable legislation, it shall be deemed not to have been included. The remaining clauses shall subsist unless the validity of the clause depends on the validity of the Legal Notice, or its elimination entails a significant impairment of the balance of mutual obligations of the Parties.
In such event, the User and Singularity Biomed shall negotiate in good faith the replacement of the clause/s that has/have been held null and void or ineffective and the measures that are most suited to the aim pursued.
APPLICABLE JURISDICTION AND LEGISLATION