Ankyras
Version 1.0 – Effective Date: May15th, 2023
1. General. These SaaS End User Agreement (“Terms”)apply to the end user’s use of the Software as a service provided by Mentice Spain S.L. (referred to as “Mentice”, “us”, “we” or “our” as the context may require). By using the SaaS, you accept and are bound by these Terms. These Terms are subject to change by Mentice without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on Mentice’s website, and you should review these Terms prior to using the SaaS that are available through the website. Your continued use of the SaaS after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Definitions. As identified in these Terms, “Software” isany software developed by Mentice andmade available by Mentice as software as a service; and “SaaS” isa non-exclusive and non-transferable right to access and use of the Software andassociated support. “SaaS Agreement” means the underlying agreement withMentice AB (publ) or any subsidiary of Mentice AB (publ) that allows you to usethe SaaS.
3 - Right of Use. You may only access and use the SaaS if you are performing services for and on behalf of an organization that has the right to access and use the SaaS in accordance with an effective SaaS Agreement. You may not grant access to the SaaS to anyone else than those set forth in the foregoing. You shall not, directly, indirectly, alone, or with another party,(i) copy, disassemble, reverse engineer, or decompile the Software; (ii)modify, create derivative works based upon, or translate the Software; (iii) license, sell, rent, lease, transfer, grant any rights in or otherwise commercially exploit the Software and the SaaS in any form to any other party, nor shall you attempt to do any of the foregoing or cause or permit any third party to do or attempt to do any of the foregoing.
4 - Proprietary Rights. You acknowledge and agree that Mentice shallown all right, title and interest in and to all intellectual property rights(including all derivatives or improvements thereof) in the Software and the SaaS and any suggestions, enhancementrequests, feedback, recommendations or other information provided by you relatingto the Software and the SaaS. You are responsible forunderstanding the regulatory requirements applicable to using the SaaS in amanner that complies with the applicable requirements. You are responsible forensuring that the SaaS is used solely as described by Mentice.
5 - Term. The right to access and use the SaaS is valid for the term of the SaaS Agreement with Mentice.
6 - Medical Diagnosis and Treatment. All clinical and medical treatment decisions are your responsibility.
7 -Compliance. When using the SaaS, you will comply with applicable laws and regulations.
8 -Security. Mentice is not responsible for: (i) securing your computer equipment; (ii)preventing unauthorized access to your computer equipment; (iii) backup management; (iv) data integrity; (v) recovery of lost, corrupted, or damaged data, images, software, or equipment; or (vi) providing or validating antivirus or related IT safeguards. MENTICE WILL IN NO EVENT BE LIABLE TO YOU FOR DAMAGESCAUSED BY THE SAAS OR THE USE OF THE SAAS.
9 - Use of Data. If Mentice creates, receives, maintains, transmits, or otherwise has access to protected health information, Mentice may use and disclose such information only as permitted by law, a SaaS Agreement or any other agreement with Mentice. Mentice may collect, prepare derivatives from, and otherwise use anonymized information related to your use of the SaaS for such things as training, demonstration, research, development, statistics, benchmarking, continuous improvement, and facilitating the provision of its software, and services. Mentice will own all intellectual property and other rights resulting from such collection, preparation and use.
10 - Governing Law. These terms and conditions and the use of the Software and the SaaS shall be governed by the laws of Sweden. Any action or proceedings by Mentice against you may be brought by Mentice in any court(-s)having jurisdiction over you or, at Mentice’s option, in the court(s) having jurisdiction over Mentice’s location, in which event you consent to jurisdiction and service of process in accordance with applicable procedures. Any actions or proceedings by you against Mentice may be brought by you only in the court(-s) having jurisdiction over the location of Mentice.
Company information Mentice Spain S.L., corporate identity No. B72624646, Rambla Catalunya, 53-55, 4-1 E. 08007,Barcelona, Spain Telephone: +31 000000, Company seat: Barcelona, Spain
