By creating an account or using our Platform, you agree to these Terms. These Terms constitute a binding legal agreement between you and CancerCenter.ai. If you disagree with any part of these Terms, you must not use our Platform. Please note that certain terms may apply differently depending on your user type and the specific services you subscribe to, as detailed below.
1. DEFINITIONS
In these Terms:
- “We”, “CancerCenter.ai“ means Cancer Center Sp. z o.o., ul. Góralska 5, 53-610 Wrocław, Poland, KRS: 0000662335.
- “You”, “User” means any person or organization using our Services.
- “Platform” means the CancerCenter.ai software available among others at platform.cancercenter.ai and related applications, and any software provided by us for on-premise installation.
- “AI Tools” means artificial intelligence algorithms provided FOR RESEARCH PURPOSES ONLY. They are NOT approved medical devices and MUST NOT be used for patient diagnosis.
- “Cloud Service” means the model where the Platform is hosted on our or our third-party vendors’ servers and accessed by you remotely.
- “On-Premise License” means the model where you are granted a license to install and operate the Platform on your own IT infrastructure.
- “Data Processing Agreement” or “DPA” means a separate, legally binding agreement required under Article 28 of the GDPR that governs the processing of Personal Data, executed between you as the Data Controller and us as the Data Processor.
- “User Data” means all data you upload to the Platform.
- “Personal Data” means information relating to an identified or identifiable person under GDPR.
- “AI-Generated Content” means analysis results, masks, and annotations created by our algorithms.
- “GDPR” means General Data Protection Regulation (EU) 2016/679.
- “Operational Modules” means the components of the Platform intended for managing laboratory workflow, data, and digital images, including but not limited to the Laboratory Information System (LIS), PathoViewer, PathoCam, and related features, excluding AI Tools.
- “Anonymized Data” means User Data that has been processed in such a manner that the data subject is not or is no longer identifiable, in accordance with the standards set forth in the GDPR, specifically ensuring that re-identification is reasonably unlikely by any means that could be used by Us or any third party. The responsibility for effective anonymization rests solely with the User.
- “Qualified User” means a healthcare professional, researcher, or other individual who, by virtue of their education, training, and professional status, is legally and professionally qualified to access, process, and analyze sensitive health and medical data. You warrant that you meet this definition.
- “Individual User” means a natural person who accesses the public, multi-tenant instance of our Platform, typically available at platform.cancercenter.ai, for their own professional, research, or educational purposes, and not as an employee or agent of an Institutional User.
- “Institutional User” means a legal entity (e.g., a laboratory, hospital, or company) that accesses the Platform through a dedicated instance, either via the Cloud Service (e.g., under a custom subdomain) or an On-Premise License, for its internal business operations, and is governed by an Individual Agreement.
- “Trial User” means any Individual User or Institutional User accessing the Platform, or any part thereof, on a temporary, free-of-charge, or evaluation basis. All Trial Users are, for the duration of the trial period, subject to all terms, conditions, and restrictions applicable to Individual Users, most notably the absolute requirement to use only Anonymized Data as defined in Section 3.2.
2. PLATFORM PURPOSE AND CRITICAL MEDICAL LIMITATIONS
2.1. Platform as a Tool
You acknowledge and agree that the Platform, in its entirety (including all Operational Modules and AI Tools), is a technical tool designed to assist Qualified Users. The Platform does not practice medicine, provide medical advice, or perform any regulated professional services. It is an instrument, not a professional.
2.2. Operational Modules
- You acknowledge that these modules are provided on an “as is” and “as available” basis. They are tools that process and display data provided by you. We are not responsible for the accuracy, completeness, or integrity of the underlying User Data.
- The use of Operational Modules does not, in any way, reduce or replace the need for independent professional medical judgment. You, the Qualified User, remain solely and exclusively responsible for interpreting the data presented and for all decisions made while managing laboratory processes.
2.3. AI Tools
- STRICTLY FOR RESEARCH USE ONLY. The AI Tools are provided exclusively for informational, educational, and research purposes.
- NOT A MEDICAL DEVICE. They are NOT medical devices, have NOT been approved or certified by any regulatory authority, and MUST NOT be used for making a definitive clinical diagnosis, creating or confirming treatment plans, or for any other direct patient care purposes.
- NO RELIANCE ON AI OUTPUT. Any clinical reliance on the output of AI Tools is a material breach of these Terms. All AI-Generated Content must be independently reviewed and verified by a Qualified User, and must not form the basis of a clinical decision.
2.4. Overarching User Responsibility
Regardless of the module used, the ultimate, final, and non-delegable responsibility for all patient diagnoses, treatment decisions, laboratory management, quality control, and clinical outcomes rests solely and entirely with you, the Qualified User, and your organization. Our Platform is a tool; it does not absolve you of any professional, ethical, or legal responsibilities.
3. DATA PROTECTION & PRIVACY
3.1. General Roles and Responsibilities
- You as Data Controller: In relation to all User Data, you are the Data Controller. You are solely responsible for ensuring you have a valid legal basis (e.g., patient consent, legitimate interest) to process the data using our Platform and for fulfilling all obligations of a Data Controller under the GDPR.
- Our Role: Our role depends on the Service model you use. We act only on your behalf and instructions as outlined in these Terms and, where applicable, the DPA.
3.2. Specific Terms for Individual Users
- Absolute Anonymization Requirement: As an Individual User, you are obligated to use only Anonymized Data. Before uploading any data to the Platform, you must irreversibly remove all personal identifiers. The full responsibility for effective anonymization rests solely with you. Any upload of Personal Data by an Individual User is a material breach of these Terms.
- License to Anonymized Data: You grant CancerCenter.ai a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, and otherwise exploit your Anonymized Data for any purpose, including but not limited to improving our services and for commercial purposes. You warrant you have all necessary rights to grant this license.
3.3. Specific Terms for Institutional Users (Cloud Service)
- Processing of Personal Data: An Institutional User may process Personal Data via the Cloud Service only if a separate Data Processing Agreement (DPA) has been executed between you and CancerCenter.ai. The DPA is a mandatory prerequisite for processing any Personal Data on the Platform. In the absence of a signed DPA, you are only permitted to upload and process Anonymized Data under the terms specified in Section 3.2.
- Governing Document: The DPA shall govern all aspects of Personal Data processing and will prevail over these Terms in case of any conflict regarding data protection.
3.4. Specific Terms for Institutional Users (On-Premise License)
- No Data Processing by CancerCenter.ai: You acknowledge that under the On-Premise License model, the Platform operates entirely within your own IT environment. CancerCenter.ai has no access to, and does not process, any User Data. Therefore, CancerCenter.ai is not a Data Processor, and you bear sole and exclusive responsibility for the security, backup, and lawful processing of all User Data in compliance with GDPR and all other applicable laws.
- This Section 3.4 does not apply if your specific implementation is a Hybrid Implementation, where the Platform components installed on-premise interact with CancerCenter.ai‘s cloud services. All Hybrid Implementations require a separate Individual Agreement and a Data Processing Agreement (DPA), which will govern all data processing activities and supersede this clause.
3.5. Data Breaches
In the event of a Personal Data breach, we will notify you without undue delay, and in any case within 72 hours of becoming aware of it. You are obligated to notify us immediately of any security breach on your end that could affect the Platform or User Data.Each party is responsible for investigating, managing, and bearing the costs of any breaches resulting directly from its own failure to comply with its obligations under these Terms or the applicable Data Processing Agreement (DPA). For clarity, we are not responsible for breaches caused by your users’ actions, insecure password management, or failures in your own IT infrastructure. Our liability for any breach is strictly limited by the caps defined in Section 6.
4. LICENSING & FEES
4.1. Our Intellectual Property
We and our licensors exclusively own all right, title, and interest in and to the Platform, including all underlying software, code, architecture, AI algorithms, methodologies, and know-how. These Terms do not grant you any ownership rights to our intellectual property. You acknowledge that any improvements, modifications, or derivative works of our Platform, even if inspired by your feedback or use, are our exclusive property. Reverse engineering any part of our Platform is strictly prohibited.
4.2. Your User Data and AI-Generated Content
You retain full ownership of your original User Data. AI-Generated Content is considered an extension of your User Data, and its ownership remains with you. However, by using the Platform, you grant us the necessary licenses to process this data as described in Section 3 and this Section. Specifically, if you provide Anonymized Data (as required for Individual Users or optionally by Institutional Users), the broad license from Section 3.2 applies to any resulting AI-Generated Content. If you process Personal Data under a DPA, our rights to use any resulting AI-Generated Content will be strictly governed by the terms of that DPA.
4.3 Pricing
Current pricing: platform.cancercenter.ai/account/subscriptions
We may modify pricing:
- Immediately: For new subscriptions and promotional offers
- 30 days notice: For existing subscription renewals
- Without notice: For trial terms and temporary promotions
All pricing subject to change without prior notice except where EU consumer law requires otherwise.
4.4 Payments
- Subscriptions are paid in advance
- Non-payment may result in service suspension
- All fees are non-refundable except as required by law
4.5 Your Content
- You keep ownership of your original medical images and data
- You grant us license to process it to provide our services
- We can use anonymized data to improve our services (unless you opt-out in paid plans)
5. HOW THE SERVICE WORKS & YOUR RESPONSIBILITIES
5.1 Service Provision
- For Cloud Services, we will use commercially reasonable efforts to make the Platform available with a target uptime of 95%, excluding scheduled maintenance and force majeure events. We are responsible for the hosting environment and application-level security.
- For On-Premise Licenses, we are responsible for providing you with functional software and subsequent updates as per your agreement. You are solely responsible for providing and maintaining the required hardware, infrastructure, security, and backups, unless individual agreement states otherwise.
5.2 Your Account
- Keep your login credentials secure
- You’re responsible for all activity under your account
- Notify us immediately of any security breach
- One account per user (no sharing)
5.3 Acceptable Use
You agree to:
- Use the Platform only for legitimate medical/research purposes
- Comply with all applicable laws and medical regulations
- Ensure your staff understand the research-only AI limitations
- Not attempt to reverse-engineer our algorithms or any of our products
You must NOT:
- Use AI Tools for clinical diagnosis or treatment decisions.
- Upload content that infringes others’ rights
- Try to hack, disrupt, or overload our systems
- Resell or redistribute access to others
- Upload User Data containing Personal Data unless you are an Institutional User with a valid, executed DPA in place with us.
5.4 Data Quality
You are responsible for:
- Ensuring all uploaded data is properly anonymized
- Having legal rights to use all uploaded content
- Accuracy of your data
- Compliance with medical privacy laws
We may remove content that violates these Terms.
6. LIABILITY LIMITATIONS
6.1 Medical Disclaimer
We are NOT liable for:
- Medical outcomes or patient injuries
- Diagnostic errors or treatment decisions
- Professional liability or malpractice claims
- Any clinical use of AI Tools (which is prohibited)
Medical decisions are YOUR sole responsibility.
6.2 Service Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We provide the Platform on an “as is” and “as available” basis
- We don’t guarantee AI accuracy or results
- We aren’t liable for data loss (maintain your own backups)
- We aren’t liable for indirect, consequential, or special damages
6.3 Maximum Liability
To the maximum extent permitted by law, our total aggregate liability to you for any and all claims arising from or related to these terms or the services is limited to:
- Individual Users: €100
- Institutional Users: Fees paid in the last 3 months
- Custom agreements: As specified in your contract
These limitations represent the aggregate cap on our liability per calendar year. These limits don’t apply to our willful misconduct or where prohibited by law.
6.4 Your Indemnification
You agree to indemnify, defend, and hold harmless CancerCenter.ai, its directors, officers, employees, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or relating to:
- Your or your users’ use of the Platform in a manner that violates these Terms or any applicable law or regulation.
- Any diagnostic or treatment errors, laboratory process failures, or other claims of medical or professional malpractice, even if the Operational Modules were used in the process.
- Any clinical use of the AI Tools.
- Any breach of your data protection obligations, including but not limited to, processing data without a legal basis or failures in anonymization.
- Any claim that User Data you upload infringes upon a third party’s intellectual property rights.
- Any regulatory investigation, fine, or penalty imposed on us as a result of your actions or omissions.
- Any claim arising from your misrepresentation of your status as a Qualified User.
- Processing Personal Data through the Cloud Service without a duly executed DPA with CancerCenter.ai.
- Any claim that your User Data infringes upon a third party’s rights.
This includes legal fees, settlements, judgments, and administrative penalties.
Your indemnification obligation survives the termination of this Agreement.
6.5 EU Consumer Rights
If you’re a consumer in the EU, your statutory rights remain unaffected. These limitations apply only as permitted by consumer protection laws.
7. ENDING YOUR SERVICE
7.1 How You Can Cancel
- Individual User: Cancel anytime through your account settings
- Institutional Users: 30 days written notice (no refund for current period), unless an individual agreement provides otherwise
- Trial users: Simply let the trial expire
7.2 When We May Terminate
We may terminate immediately upon:
- Any clinical use of AI Tools
- Payment default exceeding 14 business days
- Security breaches or policy violations
- Reverse engineering or competitive activities (actual or suspected)
- Regulatory compliance failures
- Activities harmful to our business interests
We may terminate with 30 days notice:
- For any reason (paid users)
- Without cause (business discretion)
During investigation of violations, we may suspend service pending resolution.
7.3 After Termination
- You can export your data for 30 days
- We may delete your data after 30 days
- You remain liable for unpaid fees
- Liability limitations survive termination
8. ESSENTIAL SERVICE COMMUNICATIONS
8.1 Right to Contact
You acknowledge and agree that CancerCenter.ai reserves the right to contact you via your provided email address to send you important service-related notifications. This communication is indispensable for the proper provision of the Services and the performance of the agreement between you and us.
8.2 Scope of Service Communications
Service-related notifications include, but are not limited to, information concerning:
- Changes to these Terms of Service or the Privacy Policy;
- Security matters, such as breach alerts, password reset requirements, or suspected unauthorized access;
- Service availability, including scheduled maintenance, downtime, or system outages;
- Billing and subscription matters, including invoices, payment failures, or changes to pricing plans;
- Significant changes to the Platform’s core functionalities that impact how you use the Service.
8.3 Inability to Opt-Out
Service communications are an integral part of the Services. You understand and accept that you cannot opt-out of receiving these notifications. The only way to stop receiving them is to terminate your use of the Services and delete your account in accordance with Section 7.
9. MARKETING COMMUNICATIONS
9.1 Voluntary Consent
You will have the option to provide your voluntary consent to receive commercial and marketing information from CancerCenter.ai, including news about our products, services, special offers, and educational content, to the email address you provide.
9.2 No Effect on Services
Giving your consent for marketing communications is not a prerequisite for creating an account or using the Platform. Refusing or withdrawing your consent will have no negative consequences on your access to or use of the Services.
9.3 Method of Consent
Consent, as described in section 11.1, can only be given by Your clear affirmative action, specifically by ticking a dedicated, non-pre-ticked checkbox during registration or in your account settings.
9.4. Right to Withdraw Consent
You have the right to withdraw your consent at any time, easily and free of charge. You can exercise this right by:
- Clicking the “Unsubscribe” link located in the footer of every marketing email we send;
- Sending a withdrawal request via email to [email protected].
Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.
10. PUBLICITY
You grant us the right to identify you as a customer on our website and in our marketing materials. Upon our request, Individual Users and Institutional Users agree to discuss in good faith the possibility of cooperating in the creation of marketing materials such as case studies or testimonials. You may opt-out of this clause at any time by sending a written notice to [email protected].
11. GOVERNING LAW
These Terms are governed by Polish law. Disputes will be handled by Polish courts, except where EU law provides otherwise.
12. CHANGES TO TERMS
- We may update these Terms
- Continued use means acceptance
- Material changes notified by email
13. CONTACT & NOTICES
- Email: [email protected]
- Address: Cancer Center Sp. z o.o., ul. Góralska 5, 53-610 Wrocław, Poland
14. MISCELLANEOUS
- If any part is unenforceable, the rest remains valid
- These Terms are the complete agreement
- We may assign our rights including in connection with merger, acquisition, or sale of assets; you may not without consent
- No waiver unless in writing
15. FORCE MAJEURE
Neither party is liable for delays due to circumstances beyond reasonable control (disasters, war, pandemic, government actions).
16. ENTIRE AGREEMENT
These Terms contain the entire understanding and agreement between you and CancerCenter Sp. z o.o. regarding the services provided by us, and supersedes all prior and contemporaneous agreements and understandings between us regarding such subject matter.
For Institutional Users, these Terms are incorporated by reference into your main service agreement (“Individual Agreement”). In the event of any conflict between these Terms and the terms of an executed Individual Agreement or a Data Processing Agreement (DPA), the terms of the Individual Agreement and the DPA shall prevail in that order of precedence.
Any questions, bug reports or requests for permission to reproduce any information contained on this Site should be addressed to [email protected].
Any rights not expressly granted herein are reserved.
