Terms and Conditions

CIMAR Terms and Conditions

Last updated: 5 September 2025

  1. GENERAL

    1. CIMAR (UK) LIMITED (‘CIMAR’, ‘we’, ‘us’ or ‘our’) is the provider of a medical imaging cloud platform (the ‘Platform’).
    2. These terms and conditions (‘Terms’), together with the CIMAR Privacy Policy [https://www.cimar.co.uk/privacy-policy/], govern your access to use of the Platform.
    3. Your agreement with us starts on the date that you click the “I AGREE” button. By accessing the Platform or by clicking on the “I AGREE” button where prompted, you acknowledge that you have read and understood Terms and agree to be bound by them. If you do not agree to these Terms, you should click on the “I DO NOT AGREE” button and you must stop using the Platform.
    4. Your healthcare provider or other medical professional (‘Healthcare Provider’) will provide access to the Platform to you [via a hyperlink or website address] so that you can access medical images, documentation or other information (‘Content’) shared by your Healthcare Provider. Your relationship with your Healthcare Provider is governed by separate terms and conditions which may be available on the Healthcare Provider’s website. CIMAR is not associated with any Healthcare Provider and is not liable to you for any damages or losses incurred by you in relation to the acts or omissions of the Healthcare Provider.

  2. PLATFORM USE

    1. You agree:
      1. that your use of the Platform is solely to enable you to view and access Content shared with you by your Healthcare Provider and is for your personal, non-commercial use. Any other use of the Platform is expressly prohibited;
      2. not to use the Platform of illegal purposes and to comply with all applicable laws and regulations with respect to your use of the Platform;
      3. not to use the Platform in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Platform;
      4. not to compromise the security of the Platform or attempt to gain access to sensitive information;
      5. not to license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit or make the Platform available to any third party;
      6. not to access all or any part of the Platform in order to build a product or service which competes with the Platform;
      7. not to attempt to copy, modify, translate, adapt, create derivative works of, display, transmit, distribute reverse compile, disassemble, reverse engineer or otherwise reduce to human- perceivable form all or any part of the software applications used by us as part of the Platform (except as may be allowed by any applicable law incapable of exclusion);
      8. not to use the Platform to distribute viruses, trojans or similar programs and you shall use reasonable care to ensure that no such viruses, trojans or similar programs are introduced to the Platform by you;
      9. not to use or access the Platform in a manner that unfavourably affects the performance or proper functioning of the Platform, or any computer systems or networks used by us;48878764/2
      10. not to use, display, mirror or frame the Platform, or any individual element within the Platform or our name, any CIMAR trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
      11. not to use any robot, spider, other automatic device or manual process to monitor, download, copy or keep a database copy of the content made available through the Platform;
      12. not to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mine any portion of the Platform or unduly burden or hinder the operation and/or functionality of any aspect of the Platform; or
      13. not to attempt to gain unauthorised access to or impair any aspect of the Platform or its related systems or networks.
    2. We may collect and use technical data that might include, for example, the specifications of your device and its software to help us provide updates, product support, and other services related to the Platform. We may also use this information to improve our products or services. We will only use any such data that is personal information in accordance with our latest Privacy Policy from time to time.
    3. Any problems or questions that may arise with regards to hardware malfunction or connectivity issues should be directed to your Healthcare Provider in the first instance.

  3. INTELLECTUAL PROPERTY

    1. ‘Intellectual Property Rights‘ means the intellectual property rights and industrial property rights of any nature whatsoever including without limitation patents, patent applications, copyright, know- how, technical and commercial information, design (whether registered or unregistered), design rights, website content, internet domain names, database rights, trademarks, service marks or business names, applications to register any of the aforementioned rights, trade secrets and rights of confidence, in each case in any part of the world and whether or not registered or registrable and including all reversions, extensions and renewals of any such rights.
    2. Except for the limited rights set forth in this clause, you do not acquire any Intellectual Property Rights or other licences, rights, express or implied, in or relating to any, software, Content or the Platform. CIMAR (and to the extent owned by any third party, such third party) reserves title, ownership, and all other rights to software, Content and the Platform. You will not remove, obscure, or alter CIMAR (or any third party’s) copyright notices, trademarks, other proprietary rights notices, or any other content of any kind appearing on the Platform.
    3. During the term of your agreement with us and conditioned upon your compliance with all the Terms, CIMAR grants you a limited, non-exclusive, non-transferable, and non-sublicensable right to access and Platform in accordance with these Terms. You specifically acknowledge CIMAR’s (and where applicable any third party’s) exclusive rights to ownership in any copy, modification, translation, enhancement, adaptation, or derivation of the Platform and any Intellectual Property Rights contained therein.
    4. Certain items within the Platform may be provided to you and are subject to “open source” or “free software” licences (“Open-Source Software”). Some of the Open-Source Software is owned by third parties. The Open-Source Software is not subject to the terms and conditions of this section but instead, each item of Open-Source Software is licensed under the terms of the end-user license that accompanies such Open-Source Software. Nothing in these Terms limits your rights under or grants you rights that supersede the terms and conditions of any applicable end user licence for the Open-Source Software. If required by any license for particular Open-Source Software, CIMAR makes such Open-Source Software, and CIMAR’s modifications to that Open-Source Software, available by written request.

  4. LIABILITY AND DISCLAIMERS

    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED SOLELY ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND CIMAR MAKES NO (AND HEREBY DISCLAIMS ALL) WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IN RELATION TO: (I) AVAILABILITY, ACCESSIBILITY, TIMELINESS AND UNINTERRUPTED USE OF THE PLATFORM; AND (II) SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION PROVIDED TO YOU VIA THE PLATFORM (INCLUDING THE CONTENT).
    2. THE PLATFORM IS NOT A SUBSTITUTE FOR, AND IS NOT INTENDED TO REPLACE, PROFESSIONAL MEDICAL ADVICE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN HEALTHCARE AND ASSUME ALL RISK AND LIABILITY FOR YOUR USE OF THE CONTENT AND THE PLATFORM. IN NO EVENT SHALL CIMAR BE LIABLE FOR DAMAGES OF ANY KIND SUSTAINED BY YOU FOR ANY CLAIM OR DEMAND ARISING FROM OR RELATED TO PATIENT CARE OR MEDICAL ADVICE IN CONNECTION WITH THE CONTENT OR THE PLATFORM.
    3. You acknowledge that we only provide access to the Platform and are not responsible for any Content that any Healthcare Provider uploads to or makes available to you via the Platform. We shall not be liable to you for any damage or loss arising from or in connection with any Content and you irrevocably waive any claims against CIMAR with respect to the same.
    4. We will use reasonable endeavours to ensure that the Platform is secure and cannot be accessed by unauthorised third parties, but we do not warrant the security or confidentiality of the Content or any information transmitted through the Platform.
    5. We shall not be liable or responsible to you for any losses resulting from: (i) you having breached these Terms or otherwise having acted unlawfully; (ii) any legal or regulatory requirement imposed on CIMAR; (iii) an unforeseeable event outside of our control; or (iv) any indirect or consequential losses, including any business losses.
    6. CIMAR will only be responsible for foreseeable losses, which we could have foreseen at the time we entered into the agreement with you.
    7. Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to £50 (fifty pounds sterling).
    8. Nothing in these Terms removes or limits our liability for death or personal injury resulting from our negligence, fraud or any other liability that cannot be limited under applicable law.

  5. TERMINATION

    1. We may terminate your access to the Platform (and/or our contract with you) at any time and without notice to you. Upon termination, you shall immediately cease use of the Platform.
    2. Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the terms which existed at or before the date of termination shall not be affected.

  6. MISCELLANEOUS

    1. Governing law and jurisdiction. These Terms and any dispute or claim arising out of, or in connection with, them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England and all parties submit to the non-exclusive jurisdiction of the courts of England.
    2. Severability. If any provision or part provision of these Terms is, for any reason, held to be invalid or unenforceable by any court of competent jurisdiction, then such provision or part-provision shall be severed, and the remaining provisions of these Terms will remain enforceable and binding.
    3. Waiver. Any failure to enforce any breach of these Terms shall not be construed as a waiver of our rights to enforce that breach at any time. A failure or delay in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy. A single or partial exercise of any right or remedy shall not prevent the further exercise of that right or remedy. A waiver of a breach of these Terms shall not constitute a waiver of any other breach.
    4. Assignment. You shall not assign, subcontract, delegate, transfer or otherwise deal in any manner with any of your rights or obligations under these Terms without our prior written consent. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
    5. Events outside of our control. We shall not be liable for any failure of or delay in the performance of any duties or obligations where such failure or delay is caused by any event that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, labour dispute, shortage of materials, fire, earthquake, flood, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action, or any law or any action taken by a government of public authority (including without limitation imposing an export or import restriction, quote or prohibition). Where any such event occurs, we shall use reasonable efforts, under the circumstances, to notify you of the cause of such delay and to resume performance as soon as possible.
    6. Links to Third-Party Sites. The Platform may contain links to, or allow you to connect and use, certain third-party products, services, or software (‘Third-Party Services’, and each a ‘Third-Party Service’) in conjunction with your use of the Platform. You acknowledge that any use of such Third- Party Service is governed solely by the terms and conditions and privacy policy of such Third-Party Service, and that CIMAR does not endorse, is not liable for, and makes no representations as to any Third-Party Service, its content, or the manner in which such Third-Party Service uses, stores or processes any data. If any Third-Party Service stops providing access to some or all of the features or functionality currently or historically available to CIMAR, or stops providing access to such features and functionality on reasonable terms, as determined by CIMAR in its sole discretion, CIMAR may stop providing access to certain features and functionality of the Platform. CIMAR will not be liable for any damage or loss arising from or in connection with any such change made by a Third-Party Service or any resulting change to the Platform. You irrevocably waive any claims against CIMAR with respect to any Third-Party Services.
    7. Notices. All notices sent by you to us must be sent in writing, either to [support@cimar.co.ukor info@cimar.co.uk] or to our registered office address which can be located on our website. If we need to contact you, we will usually do so by the email you have provided to us (if any) [and/or] providing you with a notification in the Platform.
    8. Third-party rights. These Terms do not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.