Effective date: 15th of September 2023
These Terms and Conditions (the “Terms”) constitute a legally binding agreement between XR Anatomy LTD, having a registered business address at 71-75 Shelton Street, London, England, WC2H 9JQ (“we”, “us”, and “our”) and an individual user or entity (“you” and “your”) accessing and using the mobile applications “XR Anatomy”, “3D Heart Anatomy”, “3D Osteology” (the “Application”) and the related website (the “Website”) (collectively, “XR Anatomy”).
By using XR Anatomy, you agree to be legally bound by these Terms. If you do not agree with one or more provisions of these Terms, please do not use XR Anatomy or contact us to express your concerns.
1. GENERAL INFORMATION
1.1 About XR Anatomy. The Application, an Extended Reality (AR) and 3D mobile application, is designed to assist medical students and other individuals in their study of anatomy. It may also be employed by professionals for educational purposes. The Application is compatible with the iOS operating system and available for download via the Apple App Store. The Website provides information about the Application.
1.2 Fees and payments. The Application is provided for a flat fee indicated in the Apple App Store. The fee is subject to change without prior notification. All payments related to the Application are processed by the Apple App Store. Please consult the Apple App Store for more information regarding the fees and payments applicable to the Application.
1.2 Minors. XR Anatomy is not marketed to and should not be accessed and used by persons under the age of 18.
1.3 Warning. The Application contains computer-generated images that may feature internal organs (e.g., display of a cut of a human body). Please note that such images are provided solely for medical training purposes and they should be used only for those purposes, in line with the applicable laws
1.3 License to use XR Anatomy. We grant you a personal, revocable, non-exclusive, non-transferable, and limited license to use XR Anatomy pursuant to these Terms.
1.3 Your representations. By using XR Anatomy, you represent and warrant that:
- You will not use XR Anatomy in a way that violates any applicable laws;
- You are at least 18 years old; and
- You will use XR Anatomy only in accordance with these Terms.
1.4 Disclaimer. Although we regularly monitor the information available on XR Anatomy and we rely on scientific medical literature, we do not guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on XR Anatomy. Please exercise your own skill and care when using XR Anatomy, especially when performing medical procedures. PLEASE CONSULT A CERTIFIED HEALTHCARE PROVIDER BEFORE PERFORMING ANY PROCEDURES PROVIDED BY THE APPLICATION. We strongly advise you to discuss any information available on the Application with a certified anatomy expert, tutor, or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of the information available on the Application.
1.5 Support. Any requests for customer or technical support should be addressed to [email protected].
3. USER ACCOUNT
You are not required to sign up in order to use the Application. However, to access the full functionality of the Application, such as receiving updates, completing surveys, and getting special offers, you may need to sign up and create a user account (the “User Account”). By creating the User Account, you acknowledge and agree to provide us with true, current, complete, and accurate personal data.
4. MARKETING AND INFORMATIONAL NOTICES
4.1 From time to time, if you sign up on the Website, we will send you messages, such as newsletters, brochures, promotions, and advertisements informing you about our new services or requests to participate in surveys. Please note that you will receive such marketing messages and requests to participate in surveys only if:
- We receive your express (“opt-in”) consent through the sign-up form available on the Website; or
- We decide to inform you about our new services that are closely related to the services already used by you.
4.2 You can opt out from receiving marketing messages and requests for surveys at any time free of charge by clicking on the “unsubscribe” link contained in any of the messages sent to you or contacting us directly.
4.3 From time to time, we may send you informational notices, such as service-related, technical, or administrative emails, information about XR Anatomy, your privacy and security, and other important matters. Please note that we will send such notices on an “if-needed” basis and they do not fall within the scope of direct marketing communication that requires your prior consent.
5. PROHIBITED USE
5.1 You are not permitted to use XR Anatomy in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening XR Anatomy;
- Interfering with or abusing other users of XR Anatomy;
- Using bots and other automated methods; or
- Collecting and disclosing any information about other users of XR Anatomy.
6. INTELLECTUAL PROPERTY
6.1 Most of the content made available on XR Anatomy is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes but is not limited to, text, images, audiovisual content, source code, trademarks, service marks, and trade names. Our Content is protected by the applicable intellectual property laws and international treaties.
6.2 You are allowed to copy, distribute, as it is with no derivative works, and make available the images provided through the Application only if:
- Such content is copied, distributed, and made available for non-commercial purposes; AND
- You provide the source of the shared content; AND
- You do not remove any available watermarks or trademarks indicating our ownership.
6.3 You are not allowed, without obtaining prior written authorization from us, too:
- Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our Content; and
- Distribute, rent, loan, use, lease, or attempt to grant other rights to Our Content to third parties.
6.3 Third-party intellectual property. Some of the trademarks and other intellectual property featured on XR Anatomy may be owned by third parties (e.g., social media providers). Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.
6.4 Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available through XR Anatomy violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content (our contact details are indicated in Section 16 of the Terms). We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you SIGN it and include the following information:
- Identification with sufficient detail of the copyrighted work that you believe has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your contact details allow us to respond to your claim;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
We put reasonable efforts to ensure that XR Anatomy is always accessible to you. However, the availability of XR Anatomy may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, or Force Majeure events. We take no responsibility for the unavailability of XR Anatomy caused by such factors
8. THIRD-PARTY LINKS
XR Anatomy may contain links to websites and other online sources owned by third parties (e.g., social media providers). We are not responsible or liable in any manner for the content of such third-party links.
9. DISCLAIMER OF WARRANTIES
9.1 Please note that XR Anatomy is constantly evolving and may undergo updates, modifications, and enhancements from time to time as part of our continuous improvement and development efforts. Therefore, we do not guarantee that XR Anatomy will be free from errors or uninterrupted, and we reserve the right to modify, suspend, or discontinue any aspect of XR Anatomy at any time without notice. We provide XR Anatomy on an “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of XR Anatomy, and hereby disclaim all warranties regarding XR Anatomy and its operation.
9.2 By using XR Anatomy, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
10. LIMITATION OF LIABILITY
10.1 Unless otherwise stated in the applicable law, we shall not be liable for any damages, including, but not limited to, incidental, punitive, special, or other related damages, arising out or in connection with the XR Anatomy. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, the use of XR Anatomy, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
13. GOVERNING LAW AND DISPUTES
To the extent permitted by the applicable law, these Terms shall be governed by the laws of England and Wales. Any disputes concerning, relating, or referring to these Terms shall be submitted to the exclusive jurisdiction of the courts in London, England.
14. TERM AND TERMINATION
14.1 The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us. We reserve the right, in our sole discretion, to update or terminate the Terms at any time.
14.2 Your rights under the Terms will be automatically terminated if you breach the Terms. Upon termination of the Terms, all legal rights granted to you pursuant to the Terms will terminate and you shall stop using XR Anatomy.
15.1 We reserve the right to amend or modify the Terms from time to time by posting an amended version of the Terms on this page and indicating the date of the amendment. If we have your contact details, we will inform you about the amendments by email. In case you continue using XR Anatomy after such an amendment, you agree to the amendments of the Terms.
15.2 Last amendment. The Terms have been last amended on the 15th of September 2023.
Please feel free to contact us if you have any questions about the Terms. You may contact us by using the following contact details:
Email: [email protected]
Post address: XR Anatomy LTD 71-75 Shelton Street London, England WC2H 9JQ