This Terms of Use (hereinafter referred to as "these Terms") set forth the conditions for providing the image diagnostic service (operated by Dr. Bank Corporation) (hereinafter referred to as "the Company") and define the rights and obligations between the Company and the registered users regarding the use of this service (hereinafter referred to as "the Service"). To use the Service, you must read the entire Terms and agree to them.

Article 1 (Application)

1. This Terms apply to all relationships related to the use of the Service between the registered users and the Company, aiming to set forth the provision conditions and rights and obligations in using the Service.
2. In addition to these Terms, the Company may set various rules for using the Service (hereinafter referred to as "Individual Provisions"). These Individual Provisions, regardless of their name, constitute a part of these Terms.
3. If there is any conflict between the provisions of these Terms and the Individual Provisions, the Individual Provisions shall prevail unless otherwise specified in the Individual Provisions.

Article 2 (Definitions)

The following terms used in these Terms shall have the meanings defined below:

(1) "Service Use Contract" means the contract for using the Service concluded between the Company and the registered user, premised on compliance with these Terms.

(2) "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to acquire these rights or to apply for registration of these rights).

(3) "Provided Data" means the data (including text, images, videos, and other data, but not limited to these) sent to the Company by the registered user for using the Service.

(4) "Company's Website" refers to the website operated by the Company, whose domain is "https://radiology-lounge.com/" (including the website after any changes in domain or content, regardless of the reason).

(5) "Registered User" refers to an individual or a corporation that has been registered as a user of the Service based on Article 3 (User Registration).

(6) "Remote Image Diagnostic Service" is a service where a radiology specialist provides a first or second opinion diagnosis based on X-rays, CT, MRI, PET-CT images, and medical records, etc., provided by the registered user who is a physician.

(7) "Dispute Resolution Support Service" is a service where a radiologist provides expert opinions, appraisals, etc., based on X-rays, CT, MRI, PET-CT images, and medical records, etc., provided by the registered user.

(8) "Research Activity Support Service" is a service to support the research activities of the registered user, based on X-rays, CT, MRI, PET-CT images, and medical records, etc., provided by the registered user.

(9) "The Service" refers to the Remote Image Diagnostic Service, Dispute Resolution Support Service, and Research Activity Support Service provided by the Company (including services after any changes in name or content, regardless of the reason).

(10) "Diagnostic Subject" refers to the person who is the subject of the X-rays, CT, MRI, PET-CT images, and medical records, etc., included in the Provided Data sent by the registered user in using the Service.

Article 3 (User Registration)

1. Those who wish to use the Service must agree to comply with these Terms and register certain information (hereinafter referred to as "Registration Items") by the method specified by the Company, thereby applying to the Company for the use of the Service.
2. The Company shall decide on the approval or disapproval of the use of the Service for the applicant based on the Company's criteria, and if the Company approves the use, it will notify the applicant.
3. When the notification of registration defined in the preceding paragraph is completed, the Service Use Contract is established between the applicant and the Company, and the applicant becomes a registered user and can use the Service.
4. The Company may refuse registration or re-registration if the applicant falls under any of the following items, and has no obligation to disclose the reason.

(1) If there is any false information, errors, or omissions in the Registration Items provided to the Company.

(2) If the user is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of the legal representative, guardian, curator, or assistant.

(3) If the Company determines that the user is associated with antisocial forces (such as organized crime groups, members of organized crime groups, right-wing organizations, antisocial forces, or others similar to these, hereinafter the same) or is involved with antisocial forces through funding or other means.

(4) If the Company determines that the user has violated a contract with the Company in the past or is related to such a person.

(5) If the user has been subject to measures set forth in Article 10.

(6) If the Company otherwise determines that the registration is not appropriate.

Article 4 (Changes in Registration Items)

Registered users must promptly notify the Company of any changes in the Registration Items by the method specified by the Company.

Article 5 (Management of Password and User ID)

1. Registered users are responsible for strictly managing and storing their password and user ID related to the Service and must not allow third parties to use (including sharing), lend, transfer, change names, sell, or otherwise dispose of them.
2. The Company will consider that the registered user themselves have used the Service if the combination of user ID and password matches the registered information and logs in.
3. Registered users are responsible for any damage arising from inadequate management, misuse, or third-party use of the password or user ID.

Article 6 (Fees and Payment Methods)

1. Registered users shall pay the usage fee separately determined and displayed on the Company's website by the payment method specified by the Company as consideration for using the Service.
2. If a registered user delays the payment of the usage fee, they shall pay a late fee at the rate of 14.6% per annum to the Company.

Article 7 (Compliance Matters)

1. The use of the Remote Image Diagnostic Service is limited to registered users who are physicians, except when the Company specifically permits otherwise.
2. The Remote Image Diagnostic Service provides a first or second opinion to registered users, and the registered users shall provide medical care to their patients at their own discretion and responsibility as physicians.
3. The use of the Dispute Resolution Support Service is limited to professionals such as physicians or lawyers, except when the Company specifically permits otherwise.
4. The use of the Research Activity Support Service is limited to medical professionals such as physicians and radiological technologists, except when the Company specifically permits otherwise.

5. Prohibited Actions

　Registered users must not engage in any of the following actions or actions that the Company deems to fall under the following when using the Service:

(1) Actions that violate laws or relate to criminal activities.

(2) Fraudulent, threatening, or coercive actions towards the Company, diagnostic subjects, or other users of the Service in relation to the use of the Service.

(3) Actions that violate public order and morals.

(4) Actions that unjustly infringe on the intellectual property rights, rights to likeness, privacy rights, reputation, or other rights or interests of the Company, diagnostic subjects, or other users of the Service.

(5) Sending information to the Company through the Service that falls under or is deemed by the Company to fall under the following:

① Information about diagnostic subjects for which consent has not been obtained from the person themselves for sending to the Company.

② Information containing computer viruses or other harmful computer programs.

③ Information containing expressions that defame the reputation or credit of the Company, diagnostic subjects, other users of the Service, or other third parties.

④ Other information that may infringe on the rights or interests of the Company or third parties.

⑤ False information.

(6) Actions that place excessive load on the network or system of the Service.

(7) Reverse engineering or other analytical actions on the software or other systems provided by the Company.

(8) Actions that may hinder the operation of the Service.

(9) Unauthorized access to the Company's network or system, etc.

(10) Impersonating a third party.

(11) Using the ID or password of other users of the Service.

(12) Advertising, soliciting, or business activities on the Service without the prior consent of the Company.

(13) Collecting information about other users of the service.

(14) Actions that cause disadvantage, damage, or discomfort to the Company, other users of the service, or any third parties.

(15) Providing benefits to anti-social forces.

(16) Commercial use of information obtained through the service.

(17) Actions that directly or indirectly induce or facilitate the actions mentioned in the preceding items.

(18) Attempting the actions mentioned in the preceding items.

(19) Actions that violate the matters requested to be complied with by the Company in advance.

(20)Other actions deemed inappropriate by the Company.

Article 8 (Suspension of the Service, etc.)

1. The Company may suspend or interrupt all or part of the service without prior notice to the registered user if any of the following applies:

(1)   In case of urgent maintenance or inspection of the computer system related to the service.

(2)   In case the operation of the service becomes impossible due to computer or communication line failure, misoperation, excessive concentration of access, unauthorized access, hacking, etc.

(3)   In case the operation of the service becomes impossible due to force majeure such as earthquakes, lightning strikes, fires, wind and water damage, power outages, natural disasters.

(4)   In other cases where the Company deems suspension or interruption necessary.

2.　The Company shall not be liable for any disadvantage or damage suffered by registered users or third parties due to the suspension or interruption of the service.

Article 9 (Attribution of Rights)

1. All intellectual property rights related to the Company's website and the service belong to the Company or those who have granted licenses to the Company, and the license to use the service under this agreement does not imply a license to use the intellectual property rights of the Company or those who have granted licenses to the Company concerning the Company's website or the service.
2. Registered users shall represent and warrant to the Company that they have the legal right to post or otherwise transmit the provided data, and that the provided data does not infringe on the rights of any third parties.

Article 10 (Cancellation of Registration, etc.)

1. The Company may temporarily suspend the use of the service for the relevant registered user or cancel the registration as a registered user without prior notice or demand if the registered user falls under any of the following items:

(1)  In case of violation of any provision of these Terms.

(2)  If it is found that there is a falsehood in the registration items.

(3)  If there is a default in payment obligations such as fees.

(4)  In case of payment suspension or insolvency, or if a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings is filed.

(5)  If there is no response for more than 30 days to inquiries or other communications requiring a response from the Company.

(6)  If the case falls under Article 3, Paragraph 4.

(7)  In other cases where the Company judges the continuation of use of the service or registration as a registered user to be inappropriate.

1. If any of the items in the preceding paragraph apply, the registered user shall immediately lose the benefit of the term for all obligations owed to the Company and must immediately pay all such obligations to the Company.
2. The Company shall not be liable for any damage suffered by the registered user due to actions taken by the Company based on this article.

Article 11 (Withdrawal)

1. Registered users may withdraw from the service and delete their registration as a registered user and the provided data provided to the Company upon completion of the procedures prescribed by the Company.
2. If there are any obligations owed to the Company at the time of withdrawal, the registered user shall immediately lose the benefit of the term for all such obligations and must immediately pay all such obligations to the Company.
3. The handling of user information after withdrawal shall be governed by the provisions of Article 14.

Article 12 (Changes and Termination of the Service)

1. The Company may change the content of the service or terminate the provision of the service at its discretion.
2. If the Company changes the content of the service or terminates the provision of the service, the Company shall notify the registered users in advance.
3. The Company shall not be liable for any damage suffered by the registered users due to actions taken by the Company based on this article.

Article 13 (Disclaimer of Warranties and Exemption from Liability)

1. The Company does not guarantee, either explicitly or implicitly, that the service is a medically certain diagnosis, is suitable for the specific purposes of the registered user, has the expected functions, commercial value, accuracy, utility, complies with laws or internal rules of industry organizations applicable to the registered user, can be used continuously, and will be free from defects.
2. The Company shall not be liable to compensate for damages suffered by the registered user in relation to the service beyond the amount of consideration paid to the Company by the registered user, nor shall the Company be liable to compensate for incidental damages, indirect damages, special damages, future damages, and damages for lost profits.
3. The Company shall not be liable for any transactions, contacts, disputes, etc., between the registered user and other registered users or third parties in relation to the service.

Article 14 (Confidentiality)

1. Registered users shall treat as confidential any non-public information disclosed to them by the Company in connection with the Service, unless prior written consent is obtained from the Company.
2. The Company will treat information disclosed by registered users as confidential and will not disclose such information to third parties without the prior consent of the registered user, unless required by law or other legal obligations.
3. The Company bears no responsibility for any leakage or damage of all data (including the results of the Service) stored in the cloud storage used for the Service due to external cyber attacks, unless it is attributable to the Company.

 

Article 15 (Handling of User Information, etc.)

1. The handling of user information of registered users and personal information of third parties provided by registered users shall be governed by the Company's Privacy Policy, and registered users agree to the handling of their user information by the Company in accordance with this Privacy Policy.
2. The Company may use and disclose information and data provided by registered users in a de-identified, statistical form at the discretion of the Company, and registered users shall not object to this.

Article 16 (Amendments to This Agreement, etc.)

1. The Company may amend this Agreement as deemed necessary. When amending this Agreement, the Company will announce the effective date and content of the revised Agreement on its website or notify registered users by other appropriate means. However, if the amendment requires the consent of registered users under law, the Company will obtain such consent through the prescribed method.
2. Upon starting to use the Service after the amendment of this Agreement, the user is deemed to have consented to the amended Agreement.

Article 17 (Contact/Notification)

1. All inquiries and other communications or notifications from registered users to the Company regarding the Service, as well as notifications about changes to this Agreement and other communications or notifications from the Company to registered users, shall be made in the manner prescribed by the Company.
2. If the Company communicates or notifies registered users using the email address or other contact information in the registered items, the registered user is deemed to have received such communication or notification.

Article 18 (Transfer of Rights and Obligations under the Service Agreement)

1. Without prior written consent from the Company, registered users may not assign, transfer, set as collateral, or otherwise dispose of their position under the service agreement or their rights or obligations under this Agreement to a third party.
2. If the Company transfers its business related to the Service to another company, the Company may transfer the status under the service agreement, rights and obligations under this Agreement, and registered items and other customer information of registered users to the transferee of such business transfer. Registered users hereby consent in advance to such transfer under this paragraph. This includes not only ordinary business transfers but also any cases where the business is transferred, such as company splits. However, the Company will impose the same confidentiality obligations as in Article 14 on the transferee.

 Article 19 (Requests for Cooperation to Third Parties)

1. The Company may request cooperation from external third parties within the necessary scope if deemed necessary for the provision of the Service, with the prior consent of registered users. Even in this case, the Company will not subcontract the work to these third parties.
2. In the case of the previous paragraph, the Company will not disclose any user information of registered users or provided data received from registered users to third parties. Registered users will directly provide necessary information to third parties as instructed separately by the Company.

Article 20 (Severability)

If any provision or part of this Agreement is deemed invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions of this Agreement and the remaining parts of any provision deemed invalid or unenforceable shall continue to be in full force and effect.

Article 21 (Governing Law and Jurisdiction)

1. The governing law of this Agreement and the service contract shall be Japanese law.
2. Any disputes arising from or related to this Agreement or the service contract shall be subject to the exclusive jurisdiction of the court at the location of the Company's head office for the first instance.

[Established November 11, 2023]