Legal information

Terms of Service

Last Updated: 2021-06-28

Welcome to fracture.ai free online X-ray-based fracture detection service!

Please read all Terms and Conditions (Terms of Service, Privacy Policy, Disclaimer) carefully before using the Website. The user who uploads data is responsible for the uploaded material and can upload IMAGES or DICOM files WITHOUT PERSONAL DATA located ON PICTURE.

By uploading You certify that You have all rights, power, and authority to grant the rights to Your Content contained within these Terms. You retain any of Your ownership rights in Your Content, but You grant fracture.ai a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, transferable, and sublicensable license to use, display (in any present or future media), create derivative works of, and/or distribute any such file or content.

Introduction

These Terms and Conditions ("Agreement") are a legal agreement that explain the terms and conditions that all visitors, users, clients and customers ("You", or "Your") must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement. This Agreements incorporates Our Privacy Policy and Disclaimer (including the Medical Disclaimer below). These Terms and Conditions outline the rules and regulations for the use of fracture.ai.

PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website. These Terms and conditions are governed by the law of Austria.

By using the Website, You hereby consent to the Disclaimer (including the Medical Disclaimer below) and agree to its terms and Privacy Policy. We will not be liable for any damages experienced in connection with the use of Our Website.

If You do not agree with this Disclaimer, STOP now and do not access or use the Website.

Key terms and Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice and any or all agreements:

  • "Company" "Us," "We," and "Our" refers to fracture.ai.
  • "Content" is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.
  • "Party" refer to either You, or Us, or any other party to this Agreement. "Parties" refer to both You and Us.
  • "Services" refer to any work We perform for You.
  • "Platform" refers to the entire Website and Website Content.
  • "You" and "Your" refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement.
  • "User Content" refers to the content which has been created by Our users.

We are not responsible or liable in any manner for any content posted on Our Website or in connection with Our Website, whether posted or caused by users of the Website or by Us. Although We provide rules for user conduct and postings, We do not control and are not responsible for what the users post, transmit or share on the Website, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Website. We are not responsible for the conduct, whether online or offline, of any user of Our Website.

  1. User Rights and Responsibility
    1. Acceptable use
      • fracture.ai will not be held liable should the website be unavailable for any amount of time.
      • You are responsible for the safety and confidentiality of your passwords and usernames. fracture.ai has the right to terminate or suspend your username and password should we suspect non compliance by You.
      • You are not a minor in the jurisdiction in which You reside.
      • You will not use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent.
      • The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
      • Your use and access of the Website does not include any right of resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
      • You must use Our website for lawful purposes only.
    2. Prohibited Use

      While using Our service the following terms must be adhered to:

      • transmit or send unsolicited or unauthorized advertising or promotional material in any form.
      • disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website.
      • distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to:
        (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or
        (b) damage or obtain unauthorized access to any data or other information of any third party.
      • harass, abuse, threaten or incite violence towards any individual or group.
      • in any way that breaks or breaches applicable local, national or international laws or regulations.
      • in any way which is fraudulent or unlawful.
      • hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Website.
      • interfere with any other person's use of or the proper functioning of the Website.
      • misrepresent Your identity or impersonate any person.
      • modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us.
      • provide any information that is false, misleading or inaccurate.
      • use any portion of the Website for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
      • Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
      • Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
      • Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
      • Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.
  2. Our Content

    Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.

    The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

    Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only.

    Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.

  3. Trademarks / No Endorsement

    All of Our trademarks, service marks and trade names used herein (including but not limited to: the fracture.ai name, fracture.ai logo, the Website name, the Website design, and any logos) (collectively "Marks") are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors.

    You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a "hot" link on or to any other site, unless We have approved in advance the establishment of such a link.

    You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any

    • written or oral advertising or presentation,
    • brochure, newsletter, book, or other written material of whatever nature,

    without prior written consent.

  4. User Content

    You may be able, as dictated by the functionality of the Website, to submit or to otherwise make available images (like X-rays), messages, e-mails, photographs, videos and other content for display on the Website ("User Content").

    You do not transfer ownership of any Content uploaded to Our servers.

    You shall be solely responsible for Your own User Content and the consequences of posting or publishing them. Without limiting any of Our rights in law and equity, We reserve the right to remove any User Content for any reason in Our sole discretion, including any User Content that We believe may violate this Agreement, or any copyright or third-party rights. By submitting or otherwise making available any User Content to the Website, You automatically grant Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sub-licensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the Website (collectively, "Use"), in any type of media or in any form now known or later developed, without any payment to You.

    You grant fracture.ai the permanent right and license to access, copy, display, distribute, process, use, and to commercially exploit user-contributed content under this license. This means that you cannot revoke permission for fracture.ai to distribute, publish, store, and use the uploaded content and to allow others to establish derivative rights to distribute, publish, store, and use such content.

    In addition, You automatically waive and give up any claim that any use of such content violates any of Your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the Website uses such content. You also grant Us and the Website the right to use any material, information, ideas, concepts, know-how, techniques contained in any communication You provide, submit, or otherwise make available to the Website or to Us for any purpose whatsoever, including, without limitation, commercial purposes. By submitting User Content, You automatically warrant and represent to Us that You are the owner of all intellectual property rights in and to the User Content or that You otherwise have all sufficient rights to grant the license above.

    By submitting User Content, You further warrant that the User Content

    • has been acquired or collected by You in a careful and professional manner and in accordance with the applicable privacy regulations and obligations, or if the rights holder has authorized You to do so,
    • represents original and legitimate content such as, but no limited to X-ray images in DICOM or standard image formats (BMP, JPG, PNG, TIF) which have not been in any way copied from any secondary source,
    • is de-identified in such way that a patient is not or not reasonably identifiable from the uploaded image content, and
    • does not in any way infringe intellectual third party property rights.

    User Content does not represent Our views or any individual associated with Us, and We do not control User Content. In no event shall You represent or suggest, directly or indirectly, Our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on Our Website, and do not take any responsibility or assume any liability for any actions You may take as a result of reading User Content on Our Website.

  5. Website Information

    We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website. Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Website, You assume all associated risks.

  6. Security

    Information provided by You through fracture.ai is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that You provide to us via the Internet, through Our Website, through online ordering, or in databases stored on Our servers. Our online ordering functionality employs Secure Sockets Layer (SSL) software, the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information. Please see Our Privacy Policy for full details on security.

  7. Links to this Website

    Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited. We grant You a nonexclusive right to display at Your site any link that would permit any user to go from Your site to Our Website. You obtain no rights other than the right to link to Our Website. Further, We do not guarantee, approve, or endorse the information or products available on Your site. You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.

    If You wish to obtain written consent from Us, please contact us using Our contact page.

  8. Third Party Links

    From time to time, the Website may contain links to sites that We and Our affiliates do not own, operate nor control. All such links are provided solely for Your convenience. If You use these links, You will leave the Website. Neither We nor any of Our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither We nor any of Our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that You may obtain from using any other site.

    We do not control, endorse, sponsor or approve of the third parties or their content not do We take any responsibility for any aspect of these websites or their content. If You decide to access any other site linked to or from this Website, You do so entirely at Your own risk. You agree to be aware when You leave the Website and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of personal information to those third-party sites.

  9. Digital Millennium Copyright Act (DMCA) notice

    In operating the Website, We may act as a “Services Provider” (as defined by DMCA) and offer services as online provider of materials and links to third party site. As a result, third party materials that We do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. We have placed certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on Our rights or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement.

    If You believe any material available via the Website infringes a copyright, You should notify Us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content.

    Please provide the following notice:

    • Identify the copyrighted work or other intellectual property that You claim has been infringed;
    • Identify the material on the Website that You claim is infringing, with enough detail so that We may locate it on the Website;
    • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
    • Your address, telephone number, and email address; and
    • Your physical or electronic signature.

    We may give notice to Our users of any infringement notice by means of a general notice on Our Website, electronic mail to a user's e-mail address in Our records, or by written communication sent by first-class mail to a user's physical address in Our records. If You receive such an infringement notice, You may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

    • Your physical or electronic signature;
    • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
    • A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
    • Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
  10. Intellectual Property Rights

    We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text. Our intellectual property is protected under copyright, trademark and other intellectual property laws. As part of this Agreement, You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.

  11. Copyright Notice

    All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2021, fracture.ai or its licensors. ALL RIGHTS RESERVED.

  12. Indemnity

    You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with

    • the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorized users;
    • Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above;
    • Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
    • Your violation of any law, rule or regulation of Austria or any other country;
    • any claim or damages that arise as a result of any User Content that You provide to Us; or
    • any other party’s access and use of the Website with Your unique username, password or other appropriate security code.
  13. Communication

    We reserve the right to send You an electronic mail for the purpose of informing You of changes or additions to the Website or this Agreement. Except as disclosed in Our Privacy Policy, We will not monitor, edit, or disclose the contents of Your e-mail, unless required in the course of normal maintenance of the Website and its systems, or unless required to do so by law or in the good-faith belief that such action is necessary to:

    • comply with the law or comply with legal process served on Us or the Website;
    • protect and defend Our rights or property of, the Website, or the users of the Website;
    • act in an emergency to protect the personal safety of Our guests, the Website, or the public.
  14. Dispute Resolution and Arbitration

    You and We agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to this Agreement, the Website, any subscription to the Website or any other aspect of Our relationship (“Subject Legal Claim”). To help resolve any issues between Us promptly and directly, You and We agree to begin any arbitration within 15 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived.

    In an attempt to find the quickest and most efficient resolution of Our issues, You and We agree to first discuss any issue informally for at least 15 days. To do that, please send Your full name and contact information, Your concern and Your proposed solution by email to Us at . If We should need to discuss an issue with You, We will contact You using Your provided email. If We do not reach an agreed upon solution after Our discussions for at least 15 days, You and We agree that any Subject Legal Claim that either of Us may have must be resolved through binding individual arbitration in Austria.

    There are two limited exceptions to this Dispute Resolution and Arbitration provision:

    • either Party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only;
    • either Party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.

    You and Us also agree to arbitrate in each of Our individual capacities only, not as a representative or member of a class, and each of Us expressly waives any right to file a class action or seek relief on a class basis.

  15. Termination

    We may terminate this Agreement:

    • for any or no reason during any free use of the Websites or Services;
    • if You breach any of the terms of this Agreement, and that breach is not remediable;
    • if You breach any of these terms of this Agreement and that breach is not remedied within 0 of receiving written notice of the breach;
    • if You have failed to pay any due charges by the stated date.

    We may also block Your access to Our Website in the event that:

    • You breach this Agreement;
    • We are unable to verify or authenticate any information You provide to Us; or
    • We believe that Your actions may cause financial loss or legal liability for You, Our users or Us.

    You may terminate Your use of the Website or the Services by stopping to access the Website.

  16. Consequences of Termination or Expiration

    Upon the effective date of termination or expiration of this Agreement:

    • All rights, Subscriptions and licenses granted to You shall be terminated immediately.
    • You will immediately cease use of and/or access to the Website, and the Services.
    • We will suspend or terminate Your access to the Website and Services.
    • We will suspend or terminate access to any or all of the data to the extent permitted by law

    The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.

  17. Revisions

    This Agreement is subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement. If You are not a registered Subscriber of the Website, then You can review revisions to this Agreement by regularly checking this page. Material revisions to this Agreement will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of the Website. It is Your responsibility to remain apprised of any revisions to this Agreement and to remain in compliance therewith. Should You object to any such revisions to this Agreement or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions.

  18. Force Majeure

    We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

  19. Minimum Age Requirements

    Our Website is not directed to children. Access to and use of Our Website is only for those who are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not register for or use Our Website. Any person who registers as a user or provides their personal information to Our Website represents that they are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. In agreeing with this Agreement, You represent and warrant that You are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.

  20. General

    Jurisdiction and Choice of Law. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of Austria. You consent to the exclusive jurisdiction of the state and federal courts located in Graz, Austria.

    Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral). A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

    Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent.

    Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.

    Survival. Clauses “Trademarks/No Endorsement”, “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement.

  21. User Feedback

    We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing Us at . You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

  22. Notice for California Users

    Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: You may contact Us at Our contact page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

  23. Contact Us

    If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us through fracture.ai/contact,

    YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY AND DISCLAIMER REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.


Privacy Policy

Last Updated: 2021-07-01

We are committed to protecting Your privacy. This Privacy Policy describes how We collect, use, store, share and protect the information collected through https://fracture.ai (the “Website”). In this Privacy Policy, "We", "Us", and "Our" refer to fracture.ai. For more information about Us, see “Our Details” at the end of this Policy.

This Privacy Policy is incorporated into and subject to Our Terms and Conditions. Capitalized words used but not defined in this Privacy Policy have the meaning given to them in the Terms and Conditions.

Please be advised that the practices described in this Privacy Policy apply only to information gathered online through the Website. This Privacy Policy applies where We are acting as a data controller with respect to the Personal Data of visitors, users, clients and customers (“You,” or “Your”); in other words, where We determine the purposes and means of the processing of that Personal Data.

Please review the following for information on dealing with your privacy issue. The aim of this Privacy Policy is to disclose what services we provide, how the information You store at fracture.ai may be used, and how such information is both protected and made available on Our Website. The fracture.ai software intended for anonymization, sharing and viewing of DICOM files online complies with the requirements of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. This Privacy Policy may change from time to time, so You should check the page regularly. fracture.ai is bound to keep this Privacy Policy legally effective regarding all anonymity, upload and download, view, process activities of all users.

PLEASE READ THIS PRIVACY POLICY CAREFULLY because it affects Your rights under the law. You confirm that You have read and agreed to be bound by this Privacy Policy. If You do not agree with this Privacy Policy, You cannot use, access, create or publish in the Website. This Privacy Policy may change as We continuously improve the Website, so please check it periodically.

We reserve the right to modify or amend the Privacy Policy from time to time without notice. Your continued use of the Website following the posting of changes to these terms will mean You accept those changes. If We intend to apply the modifications or amendments to this Privacy Policy retroactively or to Personal Data already in Our possession, We will provide You with notice of the modifications or amendments.

  1. Your Data

    fracture.ai strives to provide You with the best possible service. In order to provide this service we may need to collect information from You from time to time. At all times we try to only collect the information we need for the particular function or activity we are carrying out and use it in accordance with this privacy policy.

    We collect two basic types of information from You from Your use of the Website Personal Data and Non-Personal Data.

  2. Data Security

    We use HTTPS

    HTTPS (Hypertext Transfer Protocol Secure) is an internet communication protocol that protects the integrity and confidentiality of data between your computer and fracture.ai. The use of HTTPS makes sure your communication with us is:

    • Encrypted — The data You exchange with us is secure from eavesdroppers. That means that when You are browsing fracture.ai, nobody can track your activities across multiple pages, or steal the data exchange between your computer and fracture.ai.
    • Integral — The use of HTTPS preserves the integrity of data. Your data cannot be modified or corrupted during transfer.
    • Authenticated — HTTPS protocol authenticates your communication with us. This ensures that You are always communicating with Our servers.

    However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information You transmit to Us or store on the Website, and You do so at Your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Our physical, technical, or managerial safeguards. If You believe Your Personal Data has been compromised, please contact Us at .

    If We learn of a security systems breach, then We attempt to notify You electronically so that You can take appropriate protective steps. We may post a notice through the Website if a security breach occurs.

  3. Non-Personal Data

    Non-Personal Data includes information that does not personally identify You, but may include tracking and usage information about Your location, demographics, use of the Website and the internet.

    When You interact with the Website, We may collect Non-Personal Data and Our servers may automatically keep an activity log of Your use of the Website.

    1. Generally, We collect and store the following Non-Personal Data:
      • Device information about Your computer, mobile device, or other device that You use to access the Website. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information;
      • Additional “traffic information” such as time of access, date of access, software crash reports, application errors, session identification number, access times, and referring site addresses.
      • Content of your uploaded files and given feedback.
      • Other information regarding Your use of the Website.
  4. Use of Non-Personal Data

    We may disclose or share Non-Personal Data (or other information, other than Personal Data) in any other manner that We deem appropriate or necessary. Among other things, We will disclose Non-Personal Data to third parties to help Us determine how users use parts of the Website and who Our users are so We can improve the Website. We will also disclose Non-Personal Data to Our partners and other third parties about how Our users collectively use the Website.

  5. Personal Data:

    We do neither attempt nor actively store Personal Data submitted to Our servers when using Our Platform. We will delete any Personal Data that should be uploaded - intentionally or unintentionally - to Our servers as soon as we gain knowledge of such matter.

    We will store Your Personal Data entered via Our contact form or submitted by You to Us via with the purpose to process Your requests.

  6. User Content Data

    We may process information that You post for publication on Our Website or through Our Services ("User Content Data"). The User Content Data may be processed for the purposes of enabling such publication and administering Our Website and Services. The legal basis for this processing is consent.

    1. Upload rules

      Users are permitted to upload standard IMAGES (like BMP, JPG, PNG, TIF) or DICOM files WITHOUT PERSONAL DATA (including, but not limited to name, date of birth, address, sex and social security number) located ON PICTURE, ON VIDEO, IN DICOM SR TEXT, IN DICOM PDF's.

      By uploading data to Our servers, You consent and confirm that You are in the legal position to do so. We store Your uploaded data on Our servers for the main purposes of improving Our services, reviewing, research and teaching. fracture.ai can manage and control user's uploaded data to ensure security and prevent from illegal activities. You agree that any and all content uploaded to fracture.ai is perpetually and irrevocably licensed by You to Us. Without a legal basis, no information shall be given to third parties.

    2. DICOM anonymization

      Before uploading DICOM files, fracture.ai performs DICOM tag anonymization within Your web browser. It means that meta tags are removed from Your DICOM files, so fracture.ai servers do not receive Personal Data. Users shall be completely responsible for their own Content and the consequences of submitting and publishing their Content on the Service.

      In case a DICOM file does not show signs of anonymization after loading into Your browser, the following steps are performed:

      • DICOM tags enabling image reconstruction on the server are read:
        • Rows and columns
        • Bits allocated, Bits stored, High Bit
        • Photometric interpretation
        • Pixel representation
        • Pixel spacing
      • A file name is generated using the following pattern:
        • SHA3-256 hash of concatenated
        • RIPEMD-160 hashes of “Institution” and “Patient ID”
        • Unix time of examination time, subtracted by a 9-integer hash of the “Patient ID”
        • Image, acquisition, or series number, as far as available
        • Gender and Age (rounded to 1 decimal place)

        Example file name:

        "94992d623f8456e5­3b38c0d2af1e86e6f27a94­c1dcab5afd642a667ba6­9f53d5_0888042520­_03_F024-8.png"

      The following DICOM information is transferred to the server on upload:

      • the DICOM pixel data,
      • the essential DICOM tags to enable reconstruction of pixel data on Our servers,
      • the file name as described above,
      • the time stamp of the upload.

      The following IMAGE (BMP, JPG, PNG, TIF) information is transferred to the server on upload:

      • the IMAGE file as provided by You,
      • the file name in terms of a random SHA3-256 hash,
      • the time stamp of the upload

      fracture.ai converts uploaded DICOM pixel data to PNG images on Our servers. These PNG files are stored without meta tags. However, private information may be visible in the Image or Video content of the DICOM pixel data. Therefore, a user always remains responsible for the information s/he distributes and will fully indemnify fracture.ai and hold them completely harmless in case any third party makes claims against fracture.ai, because personal data has not been removed against the provisions of these Terms and Conditions.

      We cannot not guarantee that all information received on Our servers will be entirely anonymous. If a user finds anonymity issues (e.g. finds any private information) in any file, which is located in fracture.ai, s/he must immediately contact us at .

  7. Correspondence Data

    We may process information contained in or relating to any communication that You send to Us ("Correspondence Data"). The Correspondence Data may include the communication content and metadata associated with the communication. Our Website will generate the metadata associated with communications made using the Website contact forms. The Correspondence Data may be processed for the purposes of communicating with You and record-keeping. The legal basis for this processing is Our legitimate interests, namely the proper administration of Our Website and business and communications with users.

  8. Your Data Privacy Rights

    If You are a citizen of the EU, We have summarized the rights that You have under the General Data Protection Regulation (GDPR) in this Section. Some of the rights are complex, and not all of the details have been included in Our summaries. Accordingly, You should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

    Right to Access. You have the right to confirmation as to whether or not We process Your Personal Data and, where We do, access to the Personal Data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Data concerned and the recipients of the Personal Data. Providing the rights and freedoms of others are not affected, We will supply to You a copy of Your Personal Data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

    Right to Rectification. You have the right to have any inaccurate Personal Data about You rectified and, taking into account the purposes of the processing, to have any incomplete Personal Data about You completed.

    Right to Erasure. In some circumstances You have the right to the erasure of Your Personal Data without undue delay. Those circumstances include: the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; You withdraw consent to consent-based processing; You object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the Personal Data have been unlawfully processed.

    However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

    Right to Restrict Processing. In some circumstances You have the right to restrict the processing of Your Personal Data. Those circumstances are: You contest the accuracy of the Personal Data; processing is unlawful but You oppose erasure; We no longer need the Personal Data for the purposes of Our processing, but You require Personal Data for the establishment, exercise or defense of legal claims; and You have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, We may continue to store Your Personal Data. However, We will only otherwise process it: with Your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

  9. Cookie Policy

    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

    We do not use any kind of Cookies, PHP sessions, Local storage or Session storage variables, or any other tracking technologies on the Website.

  10. Changes And Updates

    Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which We may update from time to time. If We modify the Privacy Policy, We will make it available through the Website, and indicate the date of the latest revision. Any material changes will be posted on this Website and will come into effect 30 Days after their posting.

    In the event that the modifications materially alter Your rights or obligations hereunder, We will make reasonable efforts to notify You of the change. For example, We may send a message to Your email address, if We have one on file, or generate a pop-up or similar notification when You access the Website for the first time after such material changes are made. If You do not refuse the changes in writing before they become effective, this shall mean that You have consented to the Privacy Policy as changed. Your continued use of the Website after the revised Privacy Policy has become effective indicates that You have read, understood and agreed to the current version of the Privacy Policy.

  11. Assignment

    We may change Our ownership or corporate organization while providing the Website and Services. We may also sell certain assets associated with the Website. As a result, please be aware that in such event, We may transfer some or all of Your information to a company acquiring all or part of Our assets or to another company with which We have merged. Under such circumstances We would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, We cannot promise that an acquiring company or the merged company will have the same privacy practices or treat Your information the same as described in this Privacy Policy.

  12. Our Details

    If You have questions or concerns regarding this policy or if You need to make a request please contact us at:


Disclaimer

Last Updated: 2021-07-01

Introduction

The information provided by fracture.ai (“We,” “Us” or “Our”) on https://fracture.ai (the “Website”) is for general informational and educational purposes only.
All information on the Website is provided in good faith, however, We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Website. Under no circumstance shall We have any liability to You for any loss or damage of any kind incurred as a result of the use of the Website or reliance on any information provided on the Website. Your use of the Website and Your reliance on any information on the Website is solely at Your own risk.

  1. Consent

    By using the Website, You hereby consent to this Disclaimer and agree to its terms. We will not be liable for any damages experienced in connection with the use of Our Website.

    If You do not agree with this Disclaimer, STOP now and do not access or use this Website.

  2. Content Disclaimer

    We are not responsible or liable in any manner for any content posted on Our Website or in connection with Our Website, whether posted or caused by users of the Website or by Us. Although We provide rules for user conduct and postings, We do not control and are not responsible for what the users post, transmit or share on the Website, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Website. We are not responsible for the conduct, whether online or offline, of any user of Our Website.

  3. Medical Disclaimer

    THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.

    The contents of the Website, such as text, graphics, images, and other materials created by Us or obtained from Our licensors, and other materials contained on the Website are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health providers with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Website. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Website, others appearing on the Website at the invitation of Website, or other visitors to the Website is solely at Your own risk. WE ARE NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS WEBSITE. The Website may not cover all possible warnings of Your responsible health agency (like the United States Food and Drug Administration (FDA), European Medicines Agency (EMA), etc.). Please check with a physician if You have health questions or concerns about interactions or go to Your responsible health agency website for a comprehensive list of warnings. Although We attempt to provide accurate and up-to-date information, no guarantee is made to that effect.

    If You think You may have a medical emergency, call Your doctor or the ambulance immediately.

  4. Health Disclaimer

    The Website offers health-related information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. If You have any concerns or questions about Your health, You should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health-related advice from Your health-care professional because of something You may have read on this site. The use of any information provided on this site is solely at Your own risk.

  5. External Links Disclaimer

    The Website may contain (or You may be sent through the Website links to other sites or content belonging to or originating from third parties or links to sites and features in banners or other advertising. We do not investigate, monitor, or check such external links for accuracy, adequacy, validity, reliability, availability or completeness. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the Website or any site or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services.

  6. No Professional Relationship Disclaimer

    The Website cannot and does not contain professional advice. We do not provide any kind of professional advice. The information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, We encourage You to consult with the appropriate professionals. The use or reliance of any information contained on this Website is solely at Your own risk.

  7. Fair Use Notice

    The Website contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We believe this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the US Copyright Law. If You wish to use copyrighted material from the Website for purposes of Your own that go beyond fair use, You must obtain permission from the copyright owner.

  8. Personal Responsibility

    You acknowledge You are using Our Website voluntarily and that any choices, actions and results now and in the future are solely Your responsibility. We will not be liable to You or any other party for any decision made or action taken in reliance on the information given in the Website.

  9. Contact Us

    If You require any more information or have any questions about Our Website's disclaimer, please feel free to contact Us by Our contact page or by email at .

  10. Copyright Information

    COPYRIGHT 2021 fracture.ai. ALL RIGHTS RESERVED.


Third-party licenses

Cornerstone

Cornerstone JavaScript library is used to display interactive medical images including but not limited to DICOM, licensed under the open source MIT license. Github

js-sha3

SHA-3 for JavaScript SHA-3 / Keccak / Shake hash function for JavaScript supports UTF-8 encoding, licensed under the MIT license. Author: Yi-Cyuan Chen. Github

jsHashes

jsHashes is a lightweight library implementing the most extended cryptographic hash function algorithms in pure JavaScript (ES5 compliant), licensed under the modified BSD license. Author: Tomas Aparicio. Github

tiff.js

tiff.js is a port of LibTIFF by compiling the LibTIFF C code with Emscripten, licensed under the LibTIFF Software License. Github

Tagify

Tagify transforms an input field or a textarea into a Tags component, in an easy, customizable way, with great performance and small code footprint, exploded with features, licensed under the MIT license. Github

UXWing icons

UXWing provides well optimized free SVG and PNG icons that can be used on interface design & Web and Application development.