Terms of Service

Xircuit - Terms of Service

Last Updated: 01/01/2025

1. Introduction & Acceptance of Terms

Welcome to the Xircuit platform ( "Xircuit", "we", "us", or "our"). By accessing or using Xircuit, you agree to be bound by these Terms of Service ( "Terms") and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing the platform.

These Terms apply to all users, visitors, customers, and others who access or use Xircuit ( "Users", "you"). Please read them carefully before using the platform.

2. Description of the Service

Xircuit is a secure platform designed to handle sensitive health-related data, facilitating the storage, sharing, and analysis of such data among authorized Users. We aim to provide a collaborative environment in which healthcare professionals, researchers, and other authorized parties can exchange information in compliance with relevant data protection laws.

The Xircuit platform is operated and managed by ThreeB IT GmbH, Bergstrang 105, 49479 Ibbenbueren, Germany.

3. Eligibility

3.1 Age Requirement. You must be at least 18 years old (or have reached the age of majority in your jurisdiction) to register or use Xircuit. By using our platform, you represent and warrant that you meet this age requirement.

3.2 Authority to Enter Agreement. If you are using Xircuit on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Health Data & Data Protection

Xircuit may handle sensitive health data, including Protected Health Information (PHI) and other personal information related to patient health ( "Health Data"). By using our platform, you acknowledge and agree that:

  • Compliance with Laws. You will comply with all applicable data protection and privacy laws, including (where relevant) the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR), and any local laws governing the processing of personal or health data.
  • Patient Consent. You have obtained all necessary consents and authorizations from individuals whose data you upload or share on Xircuit.
  • Privacy Measures. You will adhere to any additional privacy or confidentiality measures required by relevant laws and our privacy policies, including implementing technical and organizational safeguards to protect the confidentiality, integrity, and availability of Health Data.

For more information on how we collect, process, and protect your data, please see our Privacy Policy.

5. User Accounts

5.1 Registration & Account Security. In order to access certain features of Xircuit, you will need to create an account. You agree to provide true, accurate, current, and complete information about yourself, and to keep this information up to date.

5.2 Confidentiality. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5.3 Notification. You agree to notify us immediately if you suspect any unauthorized use of your account or any other breach of security.

6. Acceptable Use

You agree not to misuse or abuse the Xircuit platform in any way. Specifically, you shall not:

  • Upload, post, or otherwise transmit any content that is unlawful, harmful, threatening, or violates the privacy of others.
  • Share any Health Data without appropriate consents or authorizations from the individual(s) concerned or in violation of any applicable data protection laws.
  • Interfere with or disrupt the operation of Xircuit or any servers or networks used to make the platform available.
  • Attempt to gain unauthorized access to other accounts, or use the platform to engage in fraudulent or deceptive conduct.
  • Use the platform to engage in activities that would constitute a violation of any law, regulation, or third-party right.

7. Ownership & Intellectual Property

7.1 Platform Ownership. All rights, title, and interest in and to Xircuit, including all software, text, media, and related materials are owned by us or our licensors. Nothing in these Terms grants you any license or right to use any of our trademarks, service marks, logos, or domain names.

7.2 User Content. Any content (including Health Data) you or other Users submit, post, or share on Xircuit remains the property of its respective owners. By providing User Content on Xircuit, you grant us a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, and display such content solely for the purposes of operating and improving the platform.

8. Fees & Payment

8.1 Subscription Plans. Certain features of Xircuit may require payment of fees. We will inform you of any applicable fees before you incur them.

8.2 Payment Terms. All fees are stated in U.S. dollars (unless otherwise stated) and must be paid by the due date specified. You are responsible for providing valid payment information and keeping it up to date.

9. Confidentiality & Security

We implement commercially reasonable security measures to protect your information, including Health Data, from unauthorized access, use, or disclosure. However, no system is 100% secure. You acknowledge and agree that we cannot guarantee absolute security and that you share information at your own risk.

Any party with access to Health Data through Xircuit must maintain strict confidentiality and comply with all applicable data protection regulations.

10. Disclaimers

10.1 No Medical Advice. Xircuit is not engaged in the provision of medical advice or healthcare services. The platform may facilitate information sharing among healthcare professionals, but we do not monitor or validate the clinical accuracy of content shared. Users are solely responsible for any healthcare decisions made as a result of using or relying on Xircuit.

10.2 "As Is" Basis. Xircuit is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by law, in no event shall Xircuit (including its affiliates, employees, agents, or licensors) be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or related to your use of or inability to use the platform.

In no event shall our aggregate liability for all claims relating to the platform exceed the greater of one hundred U.S. dollars ($100) or any fees paid by you to Xircuit in the twelve (12) months prior to the event giving rise to the liability.

12. Indemnification

You agree to indemnify, defend, and hold harmless Xircuit, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your access to or use of Xircuit, including any content submitted by you.
  • Your breach of any provision of these Terms or any applicable law or regulation.
  • Any claim that your use of the platform infringes or violates the rights of a third party.

13. Termination

We reserve the right, at our sole discretion, to suspend or terminate your account or access to the platform at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, you lose the right to access or use Xircuit, and all licenses granted to you herein will immediately terminate.

14. Modifications

We may revise these Terms at any time by posting an updated version on this page. We will update the "Last Updated" date at the top when changes are made. Your continued use of Xircuit after any modifications indicates your acceptance of the revised Terms.

15. Governing Law & Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Xircuit is based, without regard to conflict of law principles. Any disputes arising out of or related to these Terms or the platform shall be brought exclusively in the courts located in that jurisdiction.

You agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims or disputes.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms and any other legal notices published by us on Xircuit constitute the entire agreement between you and Xircuit concerning the platform, and supersede all prior agreements (written or oral) concerning the platform.

18. Contact Us

If you have any questions or concerns about these Terms or the platform, please contact us at:

ThreeB IT GmbH
Bergstrang 105
49479 Ibbenbueren
Germany
E-Mail: contact@xircuit.com
Telefon: +49 (0) 5451 - 893 922 - 0

By using Xircuit, you acknowledge that you have read, understood, and agreed to these Terms of Service.

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