Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether an individual or entity) and Histology.app, Inc. ("Histology.app," "we," "us," or "our") governing your access to and use of our digital pathology platform, including any associated services, features, content, and functionality (collectively, the "Platform").

Our Platform provides secure storage, digitalization, worldwide access, and AI-powered analysis of pathological and histological slides, including specialized analysis for KI-67 markers in breast cancer and various markers in prostate cancer. The Platform is intended for research use only and as an assistance tool for qualified healthcare professionals. The Platform is NOT approved by the FDA, European Medicines Agency (EMA), or any other regulatory authority as a medical device and is NOT intended for use in medical diagnosis, treatment decisions, or clinical care.

By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Platform.

To ensure clarity throughout these Terms, the following definitions shall apply:

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  "Account" means a registered user account on the Platform.
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  "Authorized User" means an individual who is authorized by you to access and use the Platform under your Account.
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  "Research Data" means all data, including pathological and histological slides, images, and related information, that you or your Authorized Users upload, input, or otherwise provide to the Platform for research and workflow assistance purposes.
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  "Research Use" means use for scientific research, educational purposes, workflow assistance, and technology evaluation, but not for medical diagnosis, treatment decisions, or clinical decision-making.

Eligibility

The Platform is intended for use by healthcare professionals, researchers, and organizations in the medical and healthcare fields for research and workflow assistance purposes only. By creating an Account, you represent and warrant that:

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  You are at least 18 years of age and have the legal capacity to enter into these Terms.
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  You possess the necessary qualifications, credentials, and authorizations to use the Platform for research and workflow assistance purposes in your jurisdiction.
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  Your use of the Platform complies with all applicable laws, regulations, and professional standards.

Account Security

You are responsible for:

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  Maintaining the confidentiality of your Account credentials.
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  All activities that occur under your Account, whether or not you authorized such activities.
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  Ensuring that all Authorized Users comply with these Terms and applicable laws and regulations.

License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

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  Access and use the Platform for research purposes and workflow assistance in accordance with these Terms.
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  Use the results, reports, and analyses generated by the Platform for research and workflow assistance purposes only, and not for medical diagnosis, treatment decisions, clinical care, or any patient management purposes.

License Restrictions

You shall not, and shall not permit any Authorized User or third party to:

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  Use the Platform for any purpose other than as expressly permitted by these Terms, including but not limited to medical diagnosis, treatment decisions, or clinical care.
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  Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform to any third party.
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  Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform.

Regulatory Status

You acknowledge and agree that:

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  The Platform is NOT approved by the FDA, European Medicines Agency (EMA), or any other regulatory authority as a medical device.
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  The Platform is NOT intended for medical diagnosis, treatment decisions, or clinical use.
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  You must not rely on the Platform's outputs for any medical or clinical decisions.

Professional Responsibility

As a user of the Platform, you acknowledge and agree that:

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  You are solely responsible for all medical decisions and actions taken in your professional practice.
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  You will NOT use the Platform's outputs for medical diagnosis, treatment decisions, or patient care.
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  You understand that the Platform is a research tool and workflow assistant, NOT a medical device or diagnostic tool.

Research Data

You are solely responsible for all Research Data that you and your Authorized Users upload, input, or otherwise provide to the Platform. You represent and warrant that:

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  You have all necessary rights, permissions, and consents to upload, store, and process the Research Data on the Platform for research purposes.
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  All Research Data has been collected, de-identified (where applicable), and processed in accordance with all applicable laws and regulations.
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  The Research Data does not and will not violate any applicable law, regulation, or third-party right.

Compliance with Laws

You agree to use the Platform in compliance with all applicable laws, regulations, and professional standards, including data protection and privacy laws, research ethics regulations, and professional standards applicable to your profession.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WILL BE LIMITED TO THE AMOUNT YOU PAID US FOR ACCESS TO THE PLATFORM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DECISIONS MADE BASED ON THE PLATFORM OR ITS OUTPUTS. THE PLATFORM IS DESIGNED FOR RESEARCH USE ONLY AND TO ASSIST QUALIFIED HEALTHCARE PROFESSIONALS WITH WORKFLOW OPTIMIZATION, NOT TO REPLACE THEIR EXPERTISE OR JUDGMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE PLATFORM IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT. HEALTHCARE PROFESSIONALS MUST RELY ON THEIR OWN EXPERTISE, EXPERIENCE, AND KNOWLEDGE WHEN MAKING MEDICAL DECISIONS. THE PLATFORM'S OUTPUTS SHOULD NOT BE USED AS THE BASIS FOR ANY MEDICAL DIAGNOSIS, TREATMENT RECOMMENDATION, OR CLINICAL DECISION.

We may update these Terms from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. When we make changes to these Terms, we will update the "Last updated" date at the top of these Terms and take other appropriate steps to notify you.

For material changes that significantly affect your rights, we will provide advance notice through prominent notice on our platform or email notifications to registered users.

Your continued use of our services after any changes to these Terms constitutes your acceptance of the updated Terms.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: