Terms of Service | Radiant Science

Radiant Science UG

TERMS AND CONDITIONS SOFTWARE USE:

Last updated: 22 June 2025

These Terms and Conditions (“Terms”) govern Customer’s use of Radiant Science UG’s Services, including any pilot or trial periods. These Terms form an integral part of the Pilot Service Agreement (“PSA”) and the Service Order Form executed between the Company and the Customer. In the event of any conflict between the PSA, the DPA, the Service Order Form, and these Terms, the Data Processing Agreement (DPA) shall prevail with respect to the Processing of Customer Personal Data.

Company’s ‘Direct Competitors’ are prohibited from accessing the Company’s Services, except with Company’s prior written consent.

DEFINITIONS

“Account”: An account enabling the Customer and/or Authorised User to access and use the Company’s Services.

“Agreement” / “Terms” / “Terms and Conditions”: All Terms contained in this Agreement and in the Data Processing Agreement signed between the Parties.

“Applicable Laws”: Any laws governing or affecting the arrangements contemplated by this Agreement.

“Authorised User”: Such persons authorised to use the Company’s Services in accordance with this Agreement.

“Billing Cycle”: means the period which the Customer has paid for Company’s Services.

“Commencement Date”: The date on which the Customer will start using the Company’s Services.

“Commercially Reasonable Efforts”: means “conducted in good faith and in accordance with commonly accepted commercial practice”

“Confidential Information” / “Proprietary Information”: means all information (in any form) that concerns a Party's business operations and which any reasonable person would consider to be confidential. This would include, but not be limited to: trade secrets, methods, strategies, client lists, pricing, and other business processes and Customer Data.

“Customer”/ “User”: means the Customer and/or its Authorised Users that use the Company’s Services under this PSA.

“Customer Data”: means all data, including Patient Personal Data that Customer makes available to Company through the Company’s Services.

“Direct Competitors”: means organisations that offer the same Services as the Company and that target the same market as the Company.

“Doctor”: means the Doctors working for the Customer’s clinics/hospitals.

“Electronic Health Record”: means the digital records holding a Patient’s Data.

“Order Form”: means the document that contains all the information about Customer’s purchase and Subscription Terms, including any fees payable by Customer.

“Material Breach”: means a significant failure by one of the Parties to fulfil their obligations under this PSA.

“Patient”: Means individuals attending Customer clinics/hospitals whose data is processed and used within the Company’s Services.

“Patient Data”: means all data related to the Customer Patients.

"Service"/ “Services” / “Subscription Service”: means all of Company’s cloud-based Services, functionalities, tools, and platforms, including all software, content, and documentation, that Customer have subscribed to or that Company otherwise makes available to Customer.

“Company”: The entity (Radiant Science UG) which provides the Services under this PSA. This is a subsidiary of Radiant Science Inc.

“Fees”: means the fees payable by the Customer to the Company.

"Third-Party Products": means non-embedded products and professional Services that are provided by Third Parties that interoperate with or are used in connection with the Company’s Services.

SERVICES AND SUPPORT

Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with Company’s standard policy. Customers can contact support on email info@radiantscience.io during the Company’s normal business hours (CEST, Monday–Friday 10-5pm, excluding public holidays and scheduled leave).
The Customer must first attempt to diagnose issues using available Documentation before escalating to technical support.
Subject to the terms of this PSA, the Company shall use ‘Commercially Reasonable Efforts’ in providing Company Services.

CUSTOMER RESTRICTIONS AND RESPONSIBILITIES

Customer warrants that it shall not rent, lease, sub-license, loan, translate, sell, merge, adapt, vary, alter, modify, broadcast, redistribute, reproduce, or otherwise make available to the public in any medium the whole or any part of the Software, Services, Content, or Documentation of the Company nor permit these to be combined with or become incorporated in, any other software files or programs.
Customer warrants that it shall not monetize the Company’s Software and/or Services and the limited license provided to the Customer in any way unless it is explicitly permitted under this PSA.
Customer warrants that it will not access or use the Company’s Services in a way that is not permitted under this PSA unless Customer obtains prior written consent from Company. In using the Company’s Services, the Customer must: (a) Ensure that the Company’s Services are protected at all times from misuse, damage, destruction, or any form of unauthorised use; (b) Keep accurate records of the use of the Company’s Services, and permit the Company to inspect such records during the Term; (c) Notify the Company as soon as it becomes aware of any unauthorised access or use of the Company’s Services.
The Customer warrants that it will: (a) Only use the Company’s Services in accordance with PSA and any Policy communicated to the Customer; (b) Not use the Company Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
The Customer warrants that all information submitted to and/or through the Company’s Services must not be false, inaccurate, misleading, fraudulent, deceptive, or unlawful.
The Customer warrants that its access to and use of the Company’s Services will not infringe any Third Party’s rights, including intellectual property rights, or violate any Applicable Laws (including data privacy laws).
Customer ability to access, download, and use Company Services depends on the compatibility of Customer systems or devices. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
The Customer shall not use the Services to: (a) violate any applicable laws or regulations; (b) transmit unlawful, defamatory, or infringing material; (c) interfere with or disrupt the integrity or performance of the Services; or (d) attempt to gain unauthorized access to any systems or networks connected to the Services.

CONFIDENTIALITY

Each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”).
The Receiving Party undertakes that they will not, without the prior written consent of the Disclosing Party, disclose the Proprietary Information of the Disclosing Party to a third party;
If the Disclosing Party requests that the Receiving Party return all Proprietary Information to the Disclosing Party, the Receiving Party shall comply with such request promptly.
The Receiving Party of Proprietary Information undertakes that it shall: (a) Use a reasonable degree of care to protect the confidentiality of Proprietary Information of the Disclosing Party; (b) Not use any Proprietary Information of the Disclosing Party for any purpose outside the scope of this Agreement or without written consent of the Disclosing Party; (c) Limit access to Proprietary Information of the Disclosing Party to Receiving Party affiliates’ employees, contractors, and agents who need such access for purposes consistent with this Agreement and who have signed Confidentiality Agreements with the Receiving Party that contain protections and obligations that are no less stringent than those contained in this Agreement.
The Disclosing Party agrees that the foregoing shall not apply with respect to any information after three (3) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law

INTELLECTUAL PROPERTY RIGHTS

Subject to this PSA, Company gives Customer a limited, worldwide, time-limited, royalty-free, non-assignable, and non-exclusive license to access and use Company’s Services.
Subject to the rights granted to the Customer under this PSA, title in and to the Software, Services, and all IP Rights therein, including but not limited to, all copyright, patent, trade secret rights, and intellectual property rights shall remain in and with Company and its licensors.
Customer shall own all right, title and interest in and to the Customer Data.
Customer grants Company the license to use the Customer Data (including Personal Patient Data) to deliver the Company’s Services under this PSA and Order Form.
Upon written request within 30 days following the termination of Services, the Customer may request an export of transcripts, metadata, and any related data generated through the Services in a machine-readable format. The Company will provide such data export subject to technical feasibility and applicable legal constraints.
The Company implements appropriate technical and organisational security measures to protect Customer Data, including encryption in transit, role-based access control, and audit logging where applicable.
Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
Notwithstanding anything to the contrary, Company shall have the right collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
Customer gives company prior authorisation to: (a) Use aggregated usage pattern data to improve Services and enhance the UX of Company’s Services; (b) Use anonymised Customer Data for improving Company software models.

WARRANTIES & DISCLAIMERS

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS OR BENEFIT THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Company does not guarantee any specific business outcomes, revenue increase, or operational savings resulting from the use of its Services.
Company disclaims all liability in relation to Customer use of Third-Party Products and/or Services.

INDEMNIFICATION

Customer shall indemnify, defend, and hold harmless the Company (including its managing directors, board, employees, agents, contractors, and other personnel), from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by Third Parties against the Company arising out of or related in any way to any breach by the Customer of any of the warranties and/or obligations arising out of or in relation to these Terms and its use of the Company’s Services.
Company shall indemnify, defend, and hold harmless the Customer (including its directors, employees, agents, contractors, and other personnel), from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits, or proceedings by Third Parties against the Customer arising out of or related in any way to any breach by the Company of any of the warranties and/or obligations arising out of or in relation to these Terms or the Customer’s use of Company’s Services.
The indemnification liability under this Section should be strictly limited to losses that are/were reasonably foreseeable.
Should one of the Parties make an indemnification claim under this Clause, neither Party’s total and absolute maximum liability for indemnification for such claim, including for attorney fees, legal fees, regulatory fines, and any direct and/or indirect damages, shall exceed the total amount paid or payable to the Company during the 12 months Billing Period under the Subscription Terms.
Each Party shall use reasonable endeavours to mitigate its losses under this PSA, including any losses under any indemnities set out in this PSA.
Customer agrees to indemnify the Company against claims arising from: Customer’s or Users’ breach of these Terms or applicable law (including misuse of the Services, security violations, or unauthorized system access).

LIMITATION OF LIABILITY

The Company shall not be liable to the Customer for loss of profit, business, goodwill, anticipated savings, goods, contract, use, or data; losses arising from the acts or omissions of the Company; or for any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses.
In any event, the total liability of the Company in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise arising out of or in connection with the Customer’s use of the Company’s Services shall not exceed the total amount paid to the Company during the 12-months billing period under the Subscription Terms and this total limit on liability shall include attorney fees, legal fees, regulatory fines, and any direct and/or indirect damages.
Each Party shall use reasonable endeavours to mitigate its losses under this PSA.
The liability under this Section should be strictly limited to losses that are/were reasonably foreseeable

TERM AND TERMINATION

The PSA is effective from the date both Parties sign and will remain in force for the duration of the Pilot Term as set out in the Order Form, and any subsequent subscription term agreed between the Parties. If the Parties agree to continue beyond the pilot, a new commercial agreement will govern the Subscription Fees. Unless otherwise agreed, Services will continue on a subscription basis under a pricing model set by the Company (e.g., fixed monthly fee, usage-based fee, or revenue/time-based share).
After the Pilot, if a subscription is agreed, this PSA will renew automatically on a monthly basis unless terminated with 30 days’ written notice period.
Sections that by nature should survive termination (including confidentiality, intellectual property, warranty disclaimers, and limitations of liability) will remain in effect.
In addition to any other remedies it may have, either Party may terminate this Agreement for cause: (i) upon 20 days written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability
The Company reserves the right to update its pricing, billing intervals, or commercial terms with 30 days’ written notice. Customers who do not agree with the changes may terminate the subscription before the changes take effect. Continued use beyond the notice period constitutes acceptance of the revised fee terms.
The Company reserves the right to suspend access to the Services immediately and without liability if the Customer materially breaches the PSA (including non-payment or misuse), provided that the Company notifies the Customer of the reason for suspension. Services may be reinstated upon resolution of the issue.

FORCE MAJEURE

Neither Party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor shortages, pandemic, embargo, government orders, or failure of suppliers, internet service, or hosting providers. The affected Party shall notify the other Party promptly and shall use reasonable efforts to mitigate the impact of such events.

CHANGES TO TERMS

The Company may update these Terms from time to time. Any material changes will be communicated to the Customer at least 15 days prior to taking effect. Continued use of the Services after such changes become effective constitutes acceptance of the revised Terms.

PUBLICITY

The Company may reference the Customer’s name and logo in its marketing materials, on its website, and in discussions with prospective customers or investors, solely to indicate that the Customer is a user of the Services, unless the Customer requests otherwise in writing.

DISPUTE RESOLUTION:

The Parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through good-faith negotiations. If unresolved after 30 days, the Parties may proceed with legal remedies.

GOVERNING LAW

This PSA shall be governed and construed in accordance with Berlin, German Law, without regard to its conflict of law provisions. Berlin German Courts shall have exclusive jurisdiction to deal with any matters in relation to or arising out of these Terms and the Customer's access to and use of the Company’s Services.
The Customer agrees that the courts of Berlin shall have exclusive jurisdiction, and waives any objection to venue or forum non conveniens.

GENERAL TERMS

This PSA, DPA, and Order Form is the entire agreement between the Company and the Customer in relation to the Customer’s use of the Company’s Services.
This PSA supersedes all prior and contemporaneous Agreements, proposals, or representations, written or oral, concerning its subject matter.
Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party.

TERMS AND CONDITIONS WEBSITE USE

Last Updated: 23 Sep 2024

Welcome to Radiant Science Inc (“we,” “our,” “us”). By accessing or using http://www.radiantscience.io, you agree to these Terms of Service (“Terms”). Please read them carefully.

USE OF SITE

You may use our website for informational purposes only. You agree not to misuse the site, including attempts to disrupt, harm, or modify its content.

INTELLECTUAL PROPERTY

All content, including text, graphics, logos, and software, is the property of Radiant Science Inc and is protected by intellectual property laws. You may not copy, reproduce, or redistribute any content without permission.

DISCLAIMERS

The content provided is for general informational purposes only. We make no guarantees regarding the accuracy, completeness, or reliability of the information. The website is provided on an “as is” basis, without warranties of any kind.
The content provided on this website is for informational purposes only and does not constitute medical, legal, or professional advice. The tools and solutions offered by Radiant Science are designed to assist clinics and administrative processes but are not a substitute for professional judgment, diagnosis, or treatment.
Our AI-software aims to support healthcare providers by automating routine tasks and organizing data. However: 1) clinical decisions remain the sole responsibility of the healthcare professional, 2) the recommendations provided should be independently reviewed and verified before implementation. Radiant Science tools are not classified as medical devices unless explicitly stated and do not intend to diagnose, treat, cure, or prevent any disease.
Statements regarding the efficiency, accuracy, or outcomes of our products are based on data from example specific case studies, user feedback, or controlled scenarios. Actual results may vary depending on factors such as clinic size, workflows, and individual usage patterns. Statistics, studies, and references cited on the website are based on external sources and should be independently validated.
Testimonials, case studies, or success stories featured on this site represent individual experiences and may not be typical. They are not guarantees of performance and are provided for illustrative purposes only.

LIMITATION OF LIABILITY

Radiant Science inc is not liable for any direct, indirect, incidental, or consequential damages arising from your use of our website, including any errors or omissions in content or site interruptions.

THIRD PARTY LINKS

Our website may contain links to third-party websites. We do not endorse or take responsibility for the content or practices of these external sites.

USER CONDUCT

You agree not to use the website for any unlawful or prohibited activities, including violating the rights of others, or uploading harmful or malicious content.

DISPUTE RESOLUTION:

GOVERNING LAW

This PSA shall be governed and construed in accordance with Berlin, German Law, without regard to its conflict of law provisions. Berlin German Courts shall have exclusive jurisdiction to deal with any matters in relation to or arising out of these Terms and the Customer's access to and use of the Company’s Services.
The Customer agrees that the courts of Berlin shall have exclusive jurisdiction, and waives any objection to venue or forum non conveniens.

CHANGES TO TERMS

We may update these Terms from time to time. Continued use of the website after changes are posted constitutes acceptance of the revised terms.

If you have any questions regarding these Terms, please contact us at info@radiantscience.io