At Innersight, our vision is to be the world’s leading surgery planning platform, helping all patients get the best possible surgical plan.
Please read these terms carefully so that you understand them. These terms cover all the services we provide to you through our platform (“App”) and Websites.
Any reference to “Innersight”, “our”, “us” and “Company” are references to Innersight Labs Limited, a limited company registered in England and Wales (company number 09586858).
These terms also cover the related websites served at or as subdomains of, innersightlabs.com.
These terms include details on our complaints procedure and what is required from you to provide the Services. You will be asked to accept these terms as part of your account registration. We may update the terms from time to time, and if your rights change, we will always notify you of this. If you do not agree to, or cannot comply with, these terms as amended, you should not use the App or Website. You will be deemed to have accepted these terms as amended if you continue to use the App or Website after any amendments are made.
The way we work is simple: we’re here to serve you and strive to ensure you have the best possible experience. We hold ourselves to the highest legal and ethical standards and we value hearing from you so if you have any questions or ideas, or if you need to provide notice to us, don’t hesitate to get in touch by emailing firstname.lastname@example.org.We would like to remind you that:
We would like to remind you that:
- We provide surgery planning services via our image segmentation and interactive virtual 3D model viewer services. The output from these does not constitute medical advice, diagnosis or treatment. Any decisions you make affecting a surgical plan should always be made in consultation with the surgical team and the original medical scan, and not on the sole basis of our digital surgery planning tools.
- We need certain information from you in order to provide services (see section ‘WHAT WE NEED FROM YOU IN ORDER TO PROVIDE SERVICES’)
- We don't take responsibility for laws outside the UK and governing access to our services.
- Some of our services are specifically designed for use in the UK and if you use them elsewhere you should check in your country or region that it is appropriate and lawful for you to do so.
- The App is only suitable for use by persons qualified to construct a surgical plan.
These terms include descriptions of each section, in bold text. These descriptions are to help you understand the terms but they are not part of the terms.
We provide surgery planning services via our image segmentation and interactive virtual 3D model viewer services.
Our service is called Innersight3D and is regulated by the Medicines and Healthcare products Regulatory Agency.
1. We provide our services using our App and the Websites, and communication methods such as email. Our services include:
- PACS communication and data transfer;
- Scan anonymisation and pseudonymisation;
- Segmentation validation;
- 3D model viewing;
- access to healthcare records we hold;
2. If you have any concerns about the service you receive from us or if it is different from other surgery planning models that you have received, then please contact us. All services are currently only provided in English.
3. We provide our Services using reasonable skill and care from appropriately qualified, and experienced, staff and Practitioners. If you think that our services have not met this standard, please contact us as soon as possible. We will fix or re-perform, without charge, any services we agree do not meet this standard.
WHAT WE NEED FROM YOU IN ORDER TO PROVIDE SERVICES
We can only provide the services in accordance with these terms if you provide us with the information we need in order to help you. You must be careful that:
- any information you give to us, or enter into the App is accurate and in English;
- if you have any concerns about the information we provide you or any information in the App or the Websites, you seek further medical advice/second opinion;
- you report any adverse or unexpected effects of surgical plans made with the assistance of Innersight3D to us;
- you tell us if any of our information about you is or becomes inaccurate or incomplete; and
- you use our services only for yourself and the surgical team at the treatment centre that has paid for the Service.
We rely on an accurate record of your use of services in order to do this. Please do not therefore register more than once for our services.
TECHNICAL REQUIREMENTS FOR USING THE APP
- The App is certified to operate correctly only on Chrome v77 or higher, running iOS 10 or higher, or Android-enabled devices running Android v8.1 or higher. It requires a consistent 4G or faster data connection and does not operate reliably on 3G, GPRS or EDGE connections.
- We recommend that if you are using a wireless network to access the App, you avoid use of public wi-fi facilities in favour of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
- From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
REGULATION OF OUR SERVICES
- If you are accessing our services from outside the UK, you should check whether it is lawful to access our services in the territory where you are. We provide our services in compliance with UK law and regulation, and cannot take responsibility for any differences between those rules and any different rules applying to healthcare services anywhere else.
OTHER LIMITS ON OUR SERVICE
- Practitioners may hold different clinical opinions on the same medical scan or 3D model and, provided these opinions are reasonably held, the fact that two or more Practitioners give different opinions in the course of service provision does not necessarily indicate that our services are defective. However, we endeavor to minimise the effect of inter- and intra-observer variation between radiologists.
- We may need to ask you for certain personal information in order to provide our services. If you do not provide this information when requested, we may be unable to provide our services.
- The App has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
- While certain information controlled, generated by, displayed within or stored in the App may be helpful in providing warning of certain medical or health conditions or circumstances, the App is not designed as, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition.
- We may suspend your access to services or terminate your account with us if your use of services breaches any of these terms.
ACCESSING OUR SERVICES
- Our services are accessed remotely using the internet, data networks and devices which can access the internet (“Infrastructure”) and operate the App and our Websites. We make the App and our Websites available for access using Infrastructure, but are not responsible for Infrastructure ourselves. If you wish to use the services, you should ensure you have an internet-enabled device and a sufficient internet connection available.
- Technical or security threats or issues affecting the Infrastructure may require us to suspend our services in order to ensure they are secure and/or operating optimally. We will minimise these suspensions, but are not responsible to refund charges or compensate you if they occur, unless they exceed 30 days in aggregate in any 12 month period, in which event you may cancel your agreement with us.
- When you use the App or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices, alerts, prompts, information fields or other information through the App as is necessary to deliver the services to you.
- We operate anti-virus and malicious software prevention measures on the Websites and our App, but we cannot guarantee that our services will always be virus-free. You should ensure that your devices used to access services are protected against viruses and malicious software. You must not use or expose the App or the Websites to virus or malicious software contamination.
- You must not attempt to gain unauthorised access to the services, App or Websites.
- Installation of the App on a device that has had its operating system compromised by the process of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and may result in the security of your personal data being compromised.
CHANGES TO THESE TERMS
We may need to change these terms sometimes, for example, when the rules regulating our services change, in order to ensure that our services are secure and your information is safe, or when we update or modify our services or our Charges. If we make a change to these terms that affects your rights or obligations, we will notify you.
HOW WE MAY USE YOUR PERSONAL INFORMATION
LIMITATIONS ON SERVICE PROVISION
- We may not be able to provide our services if they are affected by events outside our control. We are not responsible to you if this happens, but if it does, we will notify you as soon as we can and take the steps that we reasonably can to minimise the interruption to our services.
- If there is the risk of a delay of more than 2 weeks to service performance, you may cancel your agreement with us (and we may do the same).
PRICE AND PAYMENT
The price of our services will normally be negotiated with your hospital/clinic. If your hospital/clinic does not pay the agreed fee on time and in full, then we may suspend our provision of services.
OUR LIABILITY TO YOU
- If we break any of these terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking of these terms.
- We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these terms. Nor will we be liable for indirect, incidental, special or consequential damages.
- Other than our CE marked surgery planning service, all other software and services are provided on an ‘as is’ basis without a warranty of any kind being provided by us.
- If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content (at our election).
- We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these terms.
- We design our services, the App and the Websites to keep patient pseudo-anonymised data secure and it is important that you follow the usage instructions and advice in these terms in order to keep your data safe. We are not liable for loss or unauthorised access to your data where it results from you not following these instructions and advice.
OUR BRAND AND CREATIVE MATERIAL
- We own copyright and other intellectual property rights in the App, Websites, our services and their content (“Innersight IPR”).
- You are permitted to use Innersight IPR in order to receive our services, store it on your device and print copies of it for your personal use. You may communicate material containing Innersight IPR to your patient, hospital/clinic or another medical practitioner. You are not permitted to copy, distribute or make any business use of Innersight IPR. You must not remove or obscure any notices regarding Innersight IPR.
- The Innersight mark, logo, combined mark and logo and other marks indicated in our App are our trademarks of the Company or its affiliates in the United Kingdom and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks of other businesses or our affiliates or Partners.
LICENCE AND APP USE
- We grant you a limited licence to access and make personal use of the App and not to modify it, or any portion of it, except with our express written consent of the Company. This licence does not include any resale or commercial use of the App or its contents; any derivative use of the App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
- You agree that the Company will have the right to generate Anonymous Data (data from which the patient cannot be identified by the recipient of the information e.g. anonymised medical scans) from your source data. You agree that this Anonymous Data, and all data derived from this Anonymous Data, is Company Intellectual Property, which the Company may use for any business purpose (including without limitation to develop and improve Company products and services and to create and distribute reports and other materials). For clarity, the Company will only disclose Anonymous Data externally in a de-identified form that does not identify patients, customers, or users. You are not responsible for the Company’s use of Anonymous Data.
- The App or any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorised use terminates the permission or licence granted by the Company.
- You may not use any logo or other proprietary graphic or trademark of ours, our Partners or affiliates without our express written permission.
- If any open-source software is included in the App, the terms of an open-source licence may override some of the terms set out in this section.
- You may de-register from Innersight at any time by emailing email@example.com.
- You may end your agreement with us:
- if the services are unavailable for reasons outside our control as set out in section ‘LIMITATIONS ON SERVICE PROVISION’ or for technical reasons as set out in sections ‘TECHNICAL REQUIREMENTS FOR USING THE APP’ and ‘ACCESSING OUR SERVICES’;
- if you do not like a change we propose to make to these terms under section ‘CHANGES TO THESE TERMS’; or
- if we have failed to fix or re-perform services not provided to the standards set out in section ‘OUR SERVICES’.
- We may end our agreement with you, subject to applicable regulation:
- if the services are unavailable for reasons outside our control as set out in section ‘LIMITATIONS ON SERVICE PROVISION’;
- if you do not comply with the conditions on use of services set out in section ‘OTHER LIMITS ON OUR SERVICE’;
- if you break any other term of this agreement and do not make good that break within 7 days of when we ask you.
COMPLAINTS AND DISPUTES
- You can always give us feedback on our services by calling or emailing us via the details provided in the ‘About’ section above.
- If you have a complaint about our services, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this.
- If you wish to make a formal complaint about our services, you should do so as soon as possible by calling or emailing us via the details provided in the ‘About’ section above. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.
- We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologise to you.
- If any disagreement between you and us arises in connection with these terms, we will attempt to resolve it by discussing it with you.
- If we have not resolved a disagreement about these terms, or a complaint about our services, either of us can refer the dispute to mediation. For example, you may also submit a disagreement with us for online resolution to the European Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr (or search "odr Europe").
- These terms are governed by English law and the English courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these terms or the use of our products and services.
OTHER IMPORTANT TERMS
- If there is any proposed transfer of our rights and obligations under these terms, we will always notify you in writing and this will not affect your rights under these terms.
- As our services are personalised, you may only transfer your rights or your obligations under these terms to another person if we agree.