AdvaPACS Terms of Service

Welcome to AdvaPACS!

AdvaPACS is a software-as-a-service application (hereafter the ‘Application’) provided by AdvaHealth Solutions Pte. Ltd. (hereafter, ‘we’, ‘us’, ‘our’ or ‘AHS’).

Please read these terms of service (‘Terms’) carefully before you register for an account to use the Application (‘Account’). These Terms contain important information about your rights and obligations when you access and use the Application. By registering for an Account, you agree to be bound by these Terms which forms a legally binding contract between you and AHS.

Creating an Account:
1. You must satisfy either of the following conditions to be eligible to register for an Account:
  1. If you are entering into these Terms on behalf of an organisation, such as your employer, you must have the authority to bind such organisation and accept these Terms on their behalf.
  2. If you are an individual entering into these Terms for yourself, you must be at least the age of legal majority in your jurisdiction and capable under applicable law to accept these Terms.
2. By registering for an Account, you represent, warrant and undertake that all information which you provide to us is truthful, accurate, up-to-date and complete. Any failure to maintain accurate, up-to-date and complete information may result in:
  1. your inability to access and/or use the Account or the Application.
  2. the suspension or termination of your Account.
Subdomain
1. When you register for an Account, you will be asked to select a subdomain to access the Application. For example, if you have selected ‘myhospital’, you will access the Application via the subdomain ‘https://myhospital.advapacs.com’.
2. When selecting a subdomain:
  1. you cannot select a subdomain which someone else is already using.
  2. your subdomain must adhere to our Acceptable Use Policy (please see section 5 of these Terms).
3. We reserve the right to change or require you to change your subdomain at any time.
4. When your subdomain changes, all previous links to your previous subdomain may no longer work and you will need to, amongst other things, update the subdomain portion of out-of-date URLs.
Account Owner and Authorised Users
1. The initial user of the Account will be designated the ‘Account Owner’. The Account Owner may authorise one or more users (each an ‘Authorised User’ and with the Account Owner, collectively referred to as ‘Users’) to access and use the Application via the Account.
2. The Account Owner will be our point of contact if it is necessary to communicate on any issues with the Account or important information that needs to be communicated. The Account Owner may not be deleted or deactivated from the Account until the status of Account Owner is transferred to another Authorised User.
3. Your Account enables Users to access and use the Application in accordance with these Terms. Other than as stipulated in these Terms, you must not transfer or share the Account with anyone.
4. You are responsible for all activities which occur under your Account. User IDs and passwords may not be shared or used by more than one User. Each User is responsible for maintaining the confidentiality of their User ID and password.
Grant of Licence
Upon your successful registration of an Account and subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Application and use the tools and services that we provide from time to time via the Application.
User Restrictions
1. You shall not and shall ensure that all Users do not:
  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Application in any way.
  2. modify, edit, copy, reproduce, create, attempt to derive the source code of, decrypt, interfere with, disrupt the integrity or the performance of, or make derivative works based upon the Application.
  3. reverse engineer or access the Application in order to including but not limited to (i) design or build a competitive product or service, (ii) design or build a product using similar ideas, features, functions or graphics of the Application, or (iii) copy any ideas, features, functions or graphics of the Application.
  4. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third-party or use the Application to provide time sharing or similar services for any third-party.
  5. delete, alter or obscure the copyright and other proprietary rights notices on the Application.
  6. violate any applicable laws, rules or regulations in connection with your access or use of the Application.
  7. conduct any sort of vulnerability scanning or probing of the Application or the tools and services which we provide via the Application or any other activity which is intended to disrupt or harm the operations of the Application (such as a Distributed Denial of Service (DDoS) attack).
  8. launch an automated program or script or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the use the Application for any purpose for which it was not designed or intended.
  9. attempt to, or authorize or encourage any third party, to do any of the foregoing.
Using the Application
1. The Application is intended for use in hospitals, clinics or any other non-medical related environments to provide PACS (Picture Archiving and Communications System) for storing, indexing and retrieving medical imaging and other healthcare records and information (hereafter collectively referred to as ‘Records’).
2. You are responsible for ensuring that your use of the Application (including the storage, indexing and retrieval of Records on the Application) complies with all laws and regulations which apply to you.
Data Protection Notice and Acceptable Use Policy
1. You shall and will ensure that all Users read and abide by our Data Protection Notice and Acceptable Use Policy, which form part of these Terms. By using the Application, you agree that we may use and process personal data in accordance with our Data Protection Notice.
Trial Period
1. When you first register for an Account, we may offer you use of the Application for a 14-day free trial period (the ‘Trial Period’) at our discretion.
2. During the Trial Period, you will be able to use the Application although the amount of data which you can upload and download on the Application will be limited.
3. Before the end of the Trial Period, we will send you an email to invite you to activate your Account and subscribe to the paid version of the Application. If you do not do so by the end of the Trial Period, we assume that you no longer wish to use the Application and we will suspend the Account at the end of the Trial Period. For a period of 7 days after that, only the Account Owner will be able to log in and activate the Account to subscribe for the paid version of the Application. If the Account is not activated at the end of the 7 days, we will terminate the Account and all Data in the Account will be permanently deleted.
Our Charges
1. Other than during the Trial Period, the Application is available on a month-to-month subscription and you pay for the same based on your usage of the tools and services which we provide through the Application. Presently, the Application does not have any plans / tiers or extras which you can buy.
2. Your usage of the Application will be calculated based on the following and our charges will therefore vary from month-to-month:
  1. Data Transfer – Out – This is any data that is sent from one of our cloud servers out to the internet to serve a request for you. This is measured in GiB which is defined as 1024³ bytes.
  2. New Studies – This is how many new studies which you upload to the Application in a month. A Study is defined as a unique Study Instance UID. If the Study has previously been uploaded in a previous billing period, it will not be counted again as long as the Study is still in the Application.
  3. Storage & Usage Costs – These are the costs that are directly attributable to you which is reported to us from our underlying cloud provider. This includes data storage costs and API request costs from the cloud provider.
Payment
1. All of our prices are in United States Dollars (‘USD’) and do not include goods and services tax.
2. You agree to make full payment of all charges incurred in connection with your use of the Application each month, together with any applicable goods and services tax in respect of such charges. We will issue a bill to you after the end of the monthly billing period (the “Billing Period“) which depends on when you activated the Account.
3. All amounts will be charged to the credit card or debit card which you have provided at the time of activating the Account. All payments will be processed by Stripe, our third party payment gateway, and no payment data is stored on the servers or website of AHS. In making such payment, you agree to and shall abide by the terms and conditions of Stripe, which are available at https://stripe.com/en-sg/ssa.
4. If you elect to pay in a supported currency, the USD amount will be converted to the supported currency of choice at the time billing and will be subject to prevailing exchange rates.
5. If your credit card or debit card is no longer valid or if, for any reason, a charge is rejected, you shall immediately update your payment information for the Account or provide us with new credit card or debit card details within 14 days of the initial charge which failed.
6. If the charge cannot be successfully completed after 14 days of the initial charge which failed, the Account will be set to read-only mode and Users will not be able to upload or download any data on the Application.
7. If the charge still cannot be successfully completed after 28 days of the initial charge which failed, the Account will be suspended, and no functions will be available. During this period, only the Account Owner may log into the Account to update your payment information. If the charge still cannot be successfully completed within 30 days of the suspension of the Account, we will terminate the Account and all data in the Account will be permanently deleted.
Intellectual Property
1. Your Licence to Us. These Terms do not grant us any ownership rights in the Health Records and any other images, content and data which are or may be provided, uploaded, created, generated, submitted, distributed, posted and/or otherwise transferred through the Account by Users (the ‘Data’). However, you grant us a limited, revocable, non-exclusive, non-transferable license to access, transmit, receive, monitor, retrieve, store, maintain and use the Data in ways necessary to provide the Application and its tools and services to you.
2. Rights to Application. You acknowledge and agree that the Application and all intellectual property rights in the same (except for the Data) are, and shall remain, the property of AHS and its licensors. Furthermore, you acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of AHS and its licensors. You are not granted any intellectual property rights in and to the Application which are not expressly granted in these Terms and such rights are hereby reserved and retained by AHS and its licensors.
3. Trade Marks. You are not authorized to use AHS’s trade marks in any advertising, publicity or in any other commercial manner without the prior written consent of AHS, which may be withheld for any or no reason.
4. Third Party Claims. You acknowledge and agree that in the event of a third party claim against you that the Application or your use of the Application infringes any third party’s rights, you (and not AHS) will be responsible for the investigation, defence, settlement and discharge of any such claim. You will, however, promptly notify AHS in writing of such a claim.
Confidentiality
1. You shall keep confidential all information and materials about the Application, and all information of a secret, confidential or proprietary nature concerning our business or affairs which is not otherwise in the public domain that may come into your knowledge or possession as a result of communications between you and us or the performance of these Terms (the ‘Confidential Information‘).
2. In the event that we discover that you have made or make or intend to make or cause to be made any unauthorized disclosure of the Confidential Information, we will be entitled to take out an injunction against you to restrain you from making any such disclosure. In addition or in the alternative, as the case may be, we shall be entitled to exercise such legal and equitable remedies as are available in respect of your breach and to further protect the Confidential Information.
Disclaimer
1. We make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy of the Application. The Application and any information contained in or provided through the Application are provided on an ‘as is’ and ‘as available’ basis.
2. We do not represent or warrant that: (a) the use of the Application will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (b) the Application will meet your requirements or expectations; (c) the quality of, information or other materials obtained by you through the Application will meet your requirements or expectations; (d) any stored data will be accurate or reliable; (e) errors or defects in the Application will be corrected; or (f) the Application or our servers are free of viruses or other harmful components.
3. All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.
4. Your use of and reliance upon the Application and any information contained in or provided through the Application is at your sole risk and discretion.
5. The Application may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the mobile device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
Limitation of Liability
1. To the fullest extent permissible under law, in no event shall AHS be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection these Terms or your use of the Application, including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether AHS had advance notice of the possibility of any such damages.
2. Without limiting the generality of the foregoing, the maximum liability of AHS for any claim arising out of these Terms will not exceed the total amount paid or payable by you to AHS in the 12-month period immediately preceding the date on which the claim arose.
Indemnification
1. You agree to indemnify, defend, and hold harmless AHS, its officers, directors, employees, managers, shareholders, agents, representatives, subsidiaries, affiliates, suppliers, and licensors from, and against, any claims, proceedings, losses, expenses, damages and costs, including legal fees, arising out of or in connection with your: (a) access and use of the Application; (b) use of the Account and/or the Application other than in accordance with these Terms; (c) breach of these Terms; (d) violation of law; (e) negligence or willful misconduct; or (f) violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.
Modifications to, or Discontinuation of, the Application
1. We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently the Application or any part thereof, with or without notice. You agree that we will not be liable to you or any third-party for any modification, suspension or discontinuance of the Application or any portion thereof.
Account Closure
1. If you wish to terminate your Account, you will need to comply with our Account closure process as described in this section. This is designed to prevent accidental termination and loss of important data.
2. If you elect to close the Account:
  1. your Account will be suspended for a period of 30 days (during which a representative from AHS may contact you to verify the Account closure), and you will no longer be able to log in;
  2. you will receive your final bill at the end the Billing Period; and
  3. after the end of the 30-day suspension period, we will terminate the Account and all Data will be permanently deleted.
3. You may elect to reactivate the Account during the 30-day suspension period. If you choose to do so, you will be liable to pay the changes for the Account while it was suspended.
Termination for Breach
1. We may suspend your Account immediately, without prior notice, if you fail to comply with any of these Terms. In such event, the following will apply:
  1. you will receive your final bill at the end the Billing Period; and
  2. after the end of a 30-day suspension period, we will terminate the Account and all Data will be permanently deleted.
Transitional Services
If you wish to migrate your Data off our system before termination of the Account, we will, upon written request, provide reasonable assistance at your expense (on a time-and-materials basis) in migrating the data to a new service provider.
Miscellaneous
1. Relationship. The parties hereto are independent contractors. Nothing in these Terms shall operate to constitute a party an agent, partner, employee or representative of the other party. A party shall not hold itself out as such nor as having any power or authority to incur any obligation of any nature express or implied of the other party nor shall a party pledge the credit of the other party.
2. Entire Agreement. These Terms constitute the entire agreement between AHS and you with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter.
3. Rights of Third Parties. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by AHS or you.
4. Nature of Terms. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, this will not affect the legality, validity and enforceability of any remaining provisions.
5. Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation in these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
6. Assignment. Neither party shall not assign its rights or obligations under these Terms without prior written consent of the other party, provided that AHS may assign or transfer these Terms or any or all of its rights and obligations under these Terms without consent to an affiliate of AHS or to an acquirer of all or substantially all of AHS’s business, equity or assets.
Governing Law and Jurisdiction
These Terms shall be governed by Singapore law, without regard to excluding its conflicts of law principles. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of Singapore.