Terms of use

These terms of use govern the provision and use of the Software-as-a-Service platform "ScopeViewer" (the "Service") by Smart4Soft, Hauptstraße 453, 53639 Königswinter, Germany (the "Provider") towards its users (the "Users"). By registering an account or accepting an invitation, the User accepts these terms as binding.

The Provider operates a web-based platform for the management, visualization, annotation and measurement of digital tissue slide preparations (whole-slide images) and for collaboration within organizations, teams and invitation links. The current feature set is described within the Service.

The Provider reserves the right to evolve, restrict or discontinue features insofar as this is reasonable for the User and the main contractual purpose is not materially impaired.

Use of the Service requires registration. The User is obliged to provide truthful and complete information when registering and to keep it up to date. Login credentials must be treated as confidential and protected against third-party access; multi-factor authentication must be used actively where required by the role.

Simultaneous use of the same account by several persons or on several devices is not permitted (single active session). The Provider is entitled to terminate sessions if a violation is detected.

The User undertakes not to misuse the Service. In particular, the following are prohibited:

• uploading content that violates applicable law, in particular copyright, personality or data-protection rights
• uploading personally identifiable patient data without a valid legal basis (in particular pseudonymization under GDPR)
• circumventing, disrupting or impairing technical security or access restrictions (including rate limits)
• automated mass requests (scraping) or reverse-engineering of non-public interfaces
• resale of the Service or of sub-accounts to third parties

All content uploaded by the User (in particular slides, annotations, measurements, notes) remains the property of the User or of the authorised organization. The Provider receives a non-exclusive licence limited to the contract term, solely for the purpose of technically providing the Service (storage, conversion to tile pyramids, display, backup).

The Provider does not use content for its own purposes, in particular not for training AI models, marketing or research, unless the User expressly consents separately.

The Provider strives for the highest possible availability but does not owe a specific availability rate unless a separate service-level agreement (SLA) has been concluded. Maintenance work is, where possible, carried out during off-peak hours and announced in advance.

The Service is currently provided free of charge as a preview version. The introduction of paid use is reserved; it shall only take effect after a separate agreement with the User and with reasonable advance notice.

The Provider is liable without limitation for intent and gross negligence and under the German Product Liability Act. For slight negligence, the Provider is liable only for breaches of essential contractual obligations (cardinal obligations); in this case, liability is limited to typical, foreseeable damage. Liability for indirect damage, lost profits or data loss is excluded for slight negligence insofar as the User has not made their own backup.

The Provider is not liable for incorrect diagnoses or other consequences resulting from use of the Service outside its intended purpose. ScopeViewer is not a CE-IVD-certified medical device and is not approved for primary diagnostics (see Imprint, medical device disclaimer).

The Provider processes personal data exclusively in accordance with the Privacy Policy, which forms an essential part of these terms of use. If personal data of third parties is processed on behalf of the User (in particular patient data in clinical use), the parties shall conclude a data processing agreement under Art. 28 GDPR.

The usage relationship runs for an indefinite period and may be terminated by either party at any time without notice. Upon termination, the User's data will be deleted within a reasonable period unless statutory retention obligations apply. Upon request, content will be made available for export in a customary format before deletion.

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for disputes with merchants is Königswinter, Germany, or the Provider's general place of jurisdiction. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.

Changes to these terms of use will be communicated to the User in text form in good time before they take effect. If the User does not object to the change within six weeks, the change is deemed accepted; the User will be informed of this consequence separately in the notice.