Welcome to RamSoft, a pioneer in the digital transformation of radiology. These Terms of Use ("Terms") govern Your access to and use of RamSoft's Services and Software, including OmegaAI®, Blume®, Gateway™, and PowerServer®.
By accessing or using the Services, You agree to be bound by these Terms. If You do not agree, please discontinue use of the Services. For any questions about these Terms, contact legal@ramsoft.com.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
- Affiliate means an entity that controls, is controlled by, or is under common control with a party.
- Company (referred to as "the Company", "We", "Us", or "Our") refers to RamSoft Inc.
- Services refers to the products and services made available by the Company, including OmegaAI®, Blume®, Gateway™, and PowerServer®.
- Software refers to any application, platform, or codebase provided by RamSoft as part of the Services.
- Terms and Conditions (also referred to as "Terms") mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Services.
- Third-party Social Media Service refers to any website or social network through which a user can log in or create an account to use the Services.
- Vendor means any third party that supplies or licenses components, plug-ins, or services integrated with or accessible through the RamSoft Services.
- You / User means the individual accessing or using the Services, or the company or other legal entity on behalf of which such individual is accessing or using the Services.
Disclaimer
These Terms of Use apply to access and use of the Services where no other written agreement exists between You and the Company. If You have entered into a separate customer agreement, master services agreement, or end-user licence agreement with RamSoft, that agreement takes precedence over these Terms of Use to the extent of any conflict.
Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions and the Privacy Policy.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Intellectual Property Rights
Software
You shall not, and shall not permit any third party to: (i) modify, adapt, translate, or create derivative works of the Software; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software; (iii) copy, rent, lease, sublicense, distribute, transfer, or otherwise commercially exploit the Software; or (iv) access or attempt to access electronic protected health information (ePHI) without proper authorization.
Title
All right, title, and interest in and to the Software, the Services, and all copyrighted materials, trademarks, trade secrets, and other intellectual property rights related thereto are and shall remain the exclusive property of the Company and its licensors. You shall not disclose, publish, or use any Company trade secret or confidential information except as expressly permitted by these Terms or by a separate written agreement.
Third Party Links, Products, and Integrations
Links to other Websites
The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of any third-party website is at Your own risk.
Third-Party Accounts
You are responsible for safeguarding any credentials used to access the Services and any linked third-party accounts. You agree to accept responsibility for all activities that occur under Your account. The Company is not liable for any loss or damage arising from Your failure to maintain the security of Your credentials or unauthorized third-party access to Your account.
Third Party Products
Third-party components, libraries, or services that are bundled with or accessible through the Services are provided "AS IS" and without warranty of any kind. The Company makes no representation regarding the performance, reliability, or fitness of such third-party products.
FTC Disclosure. Some links within the Services may be affiliate links. If You make a purchase through an affiliate link, the Company may receive a commission at no additional cost to You.
Privacy Policy and AI Disclaimer
Your use of the Services is also governed by Our Privacy Policy, which describes how We collect, use, and disclose Your personal information. AI-assisted features within the Services are subject to the Company's AI Disclaimer, which You acknowledge having reviewed by using such features.
Feedback
You may from time to time provide suggestions, comments, ideas, or other feedback regarding the Services ("Feedback"). The Company shall have the right to use, without payment or restriction, any Feedback You provide. You hereby grant the Company a perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, modify, and incorporate any Feedback into the Services or any other Company product.
Prohibited Uses
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party right;
- Upload, transmit, or distribute any unlawful, harassing, defamatory, or otherwise objectionable content;
- Introduce viruses, malware, or other harmful code into the Services;
- Attempt to gain unauthorized access to the Services, Company systems, or any third-party systems;
- Interfere with or disrupt the integrity or performance of the Services;
- Use the Services to send unsolicited communications, advertising, or spam;
- Reverse engineer, decompile, or attempt to derive the source code of the Software; or
- Use the Services in any manner inconsistent with these Terms or applicable law.
The Company reserves the right to suspend or terminate access to the Services at any time for violation of these prohibitions.
Termination
The Company may terminate or suspend Your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Services will cease immediately.
The Company may retain Your data following termination as necessary to comply with legal obligations, resolve disputes, and enforce its agreements and policies.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its Affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from Your access to or use of, or inability to access or use, the Services.
The Company's total cumulative liability under these Terms shall not exceed the total amounts paid by You to the Company for the Services in the twelve (12) months immediately preceding the event giving rise to the liability.
Medical Decision Making and Clinical Disclaimer
The Company is not engaged in the practice of medicine and does not provide medical advice or diagnosis. The Services, including any AI-assisted features, are intended to assist qualified healthcare professionals and are not a substitute for professional clinical judgment.
Clinical decisions made on the basis of information provided through the Services must be reviewed and verified by a qualified healthcare professional. You acknowledge that human review is required before any clinical action is taken based on output from the Services.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by binding arbitration. The seat of arbitration and the governing law shall be determined by Your location:
- United States: Delaware law; arbitration in Wilmington, Delaware.
- Canada: Ontario law; arbitration in Toronto, Ontario.
- India: Indian law; arbitration in Bengaluru, India.
- Other jurisdictions: Ontario, Canada law; arbitration in Toronto, Ontario, unless otherwise required by mandatory local law.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to the minimum extent necessary to be enforceable. The remaining provisions of these Terms will continue in full force and effect.
Waiver
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Company to be effective.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its Affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including but not limited to attorney's fees) arising from Your use of and access to the Services or Your breach of these Terms.
Confidentiality
Each party agrees to maintain the confidentiality of any non-public business or technical information disclosed by the other party in connection with the Services. Confidential information does not include information that is publicly available, was already known to the receiving party, or is required to be disclosed by law or court order.
Translation Interpretation
These Terms may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the event of a dispute regarding the interpretation of any translated version.
Changes to These Terms and Conditions
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. For material changes, the Company will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company's sole discretion.
By continuing to access or use the Services after revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, in whole or in part, please stop using the Services.
Acceptance of These Terms
By using the Services, You acknowledge that You have read, understood, and agree to be bound by all of these Terms of Use. These Terms constitute the entire agreement between You and the Company concerning the Services and supersede any prior agreements or communications.
These Terms are personal to You and may not be assigned, transferred, or sublicensed by You without the Company's prior written consent.
Contact Us
If You have any questions about these Terms of Use, You can contact us:
