PathoSearch Early Access Terms and Conditions

1. WHAT THESE TERMS AND CONDITIONS COVER

These Terms and Conditions (the “Terms”) govern access to and use of PathoSearch during its early-access phase. PathoSearch is made available by Aignostics GmbH, with its primary place of business at Alt-Moabit 73/73A, 10555 Berlin, Germany (“Aignostics,” “we,” “us,” or “our”). By creating an account, accepting an invitation, clicking to accept these Terms, or using PathoSearch, you agree to these Terms. These Terms constitute the entire agreement between you and Aignostics regarding early access to PathoSearch.

2. NATURE OF EARLY ACCESS

PathoSearch is a research tool made available for your internal evaluation and feedback (the "Permitted Use"). PathoSearch is designed to surface morphologically similar histopathology cases from its reference database, which includes images sourced from public databases and from Aignostics' partners.

PathoSearch is not a diagnostic tool and does not provide medical advice, a diagnosis, treatment recommendation, or clinical decision support. It must not be used for: (a) diagnosing, treating, or managing any patient's condition; (b) point-of-care or time-critical clinical decision-making; or (c) any use in connection with active patient care, including as a substitute for or replacement of professional medical judgment.

PathoSearch results are based on morphological similarity only and may be incomplete, non-representative or contain errors.

3. ELIGIBILITY

Access is limited to licensed pathologists, laboratory professionals, and other clinical/research users approved by Aignostics who registered to use PathoSearch and confirmed to be bound by these Terms. 

4. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

4.1 To the extent you choose to upload histopathology images, such images will be de-identified in accordance with applicable law.

4.2 You will not upload, transmit, or otherwise make available any Protected Health Information (PHI), personal data, or other information that identifies or could reasonably be used to identify an individual through PathoSearch. This includes, without limitation, information that is: (a) visible within an image; (b) embedded in file metadata; or (c) present in file names.

4.3 You will only submit histopathology images. You will not submit any other type of image, including photographs of identifiable individuals, non-pathology medical images, or any content unrelated to the intended use of PathoSearch.

4.4 You have all rights, permissions, consents, approvals, and other lawful authority necessary to submit each image to PathoSearch and to permit Aignostics to process it as contemplated by these Terms (including from patients and your institution) free and clear of any third-party claims or restrictions of any kind, and such submission and use does not infringe or violate any rights of any person or entity.

4.5 You will comply with all applicable laws and your institution's data-governance, confidentiality, ethics, and consent policies.

5. ACCEPTABLE USE

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use PathoSearch, solely for the Permitted Use during the early access period.

You agree not to:

(a) use PathoSearch other than for your internal evaluation in connection with your own professional practice; (b) attempt to reverse engineer, decompile, disassemble, extract, reproduce, copy, duplicate, create derivative works from, map out, or otherwise derive the source code, underlying models, embeddings, reference database, algorithms, or other components of PathoSearch; (c) remove, obscure, alter, or interfere with any proprietary notice, label, or technical protection measure in or relating to PathoSearch; (d) share access credentials or resell, sublicense, transfer, or provide any third party with access to PathoSearch; (e) share, disclose, publish, distribute, or otherwise make available any PathoSearch results to any third party, including in any publication, presentation, abstract, poster, or other public disclosure; (f) use PathoSearch, its results, or any information derived from it to train, develop, validate, or improve any product, model, algorithm, database, or service, or to build or support any product or service that competes with PathoSearch; or (g) use PathoSearch in violation of applicable law, including applicable export-control or sanctions laws, or in breach of any contract or any third party's rights; (h) circumvent, disable, or otherwise interfere with any security-related feature of PathoSearch; (i) use any robot, spider, crawler, scraper, or other automated device, process, or means to access, retrieve, scrape, or index any portion of PathoSearch; or (j) use PathoSearch in any manner that could cause damage to Aignostics or any third party.

6. FREE ACCESS, USAGE LIMITS, AND CHANGES TO PATHOSEARCH

6.1 Access during this phase is provided free of charge. Aignostics may impose limits on the number of images you may submit, the duration of your access, or both, at its sole discretion.

6.2 Aignostics may modify, suspend, throttle, or discontinue PathoSearch (in whole or in part), your access to it, or these Terms, at any time and without liability, including without advance notice, given the pre-release nature of PathoSearch.

6.3 Nothing in this Section obligates Aignostics to offer any future paid subscription, integrations, or continued access on any particular terms.

7. OWNERSHIP, FEEDBACK, AND LICENSES

Aignostics owns all rights, title, and interest in PathoSearch, including its underlying models, the curated reference case database, and all related intellectual property. 

If you provide comments, suggestions, bug reports, or other feedback about PathoSearch (“Feedback”), you grant Aignostics a perpetual, irrevocable, royalty-free, worldwide license to use that Feedback for any purpose, including improving PathoSearch and other Aignostics products. Aignostics shall exclusively own any right, title and interest in any such improvement or product.

8. DATA USE, PRIVACY, AND ANALYTICS

8.1 Aignostics collects and processes account information and usage analytics, including search behavior and session activity, to provide, secure, operate, evaluate, and improve PathoSearch, in accordance with Aignostics’ Privacy Policy, available at https://www.aignostics.com/privacy-policy.

8.2 You must not submit personal data or PHI through PathoSearch. To the extent any personal data is nevertheless processed in connection with your use of PathoSearch, Aignostics will process that data in accordance with its Privacy Policy and applicable data-protection law.

8.3 By uploading an image to PathoSearch, you authorize Aignostics to process that image to provide PathoSearch under these Terms. Subject to applicable law and Aignostics’ Privacy Policy, uploaded images and PathoSearch results are retained for up to 90 days to provide and support PathoSearch, after which they are deleted.

9. DISCLAIMERS

PATHOSEARCH IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AIGNOSTICS DOES NOT WARRANT THAT SEARCH RESULTS WILL BE ACCURATE, COMPLETE, OR APPLICABLE TO ANY PARTICULAR CASE. PATHOSEARCH IS NOT A DIAGNOSTIC TOOL AND HAS NOT BEEN APPROVED, CLEARED, CERTIFIED, OR OTHERWISE AUTHORIZED AS A MEDICAL DEVICE BY ANY REGULATORY AUTHORITY. AIGNOSTICS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND PROVIDES NO MEDICAL ADVICE, DIAGNOSIS, TREATMENT RECOMMENDATION, OR CLINICAL DECISION SUPPORT THROUGH PATHOSEARCH.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIGNOSTICS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR PATHOSEARCH, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIGNOSTICS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR PATHOSEARCH WILL NOT EXCEED EUR 100. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR INTENT, GROSS NEGLIGENCE, DEATH, OR PERSONAL INJURY.

11. INDEMNIFICATION

You will indemnify, and hold harmless Aignostics and its officers, directors, employees, agents, representatives, successors, and assigns from and against any and all claims, losses, damages, and expenses, including reasonable legal fees, arising out of or relating to your violation of these Terms, including, without limitation, your failure to obtain any consent, permission, or authorization required to submit an image, or to properly de-identify an image, as required under these Terms.

12. TERM AND TERMINATION

These Terms remain in effect until the earlier of: (a) the general-availability launch of PathoSearch, at which point a separate agreement will govern any continued use; (b) termination of your access by you or Aignostics; or (c) discontinuation of the early access program. Aignostics may terminate your access immediately if it reasonably believes that you have breached these Terms or that your use may create legal, security, privacy, or reputational risk. Sections 4 (Representations and Warranties), 5 (Acceptable Use), 7 (Ownership, Feedback, and Licenses), 8 (Data Use, Privacy, and Analytics), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification) and 13 (Miscellaneous) survive termination. 

13. MISCELLANEOUS 

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the remaining provisions will remain in full force and effect. Aignostics’ failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. You may not assign or transfer these Terms or any rights or obligations under them without Aignostics’ prior written consent. Aignostics may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms do not create any agency, partnership, joint venture, employment, fiduciary, or other similar relationship between you and Aignostics.

These Terms are governed by the laws of Germany, excluding its conflict-of-laws principles and the United Nations Convention on Contracts for the International Sale of Goods. To the extent permitted by applicable law, the courts of Berlin, Germany have exclusive jurisdiction over any dispute arising out of or relating to these Terms. This does not affect any mandatory statutory rights or jurisdictional protections that apply to you as a consumer.