Terms and Conditions of Use
RARE - Rapid Assay Result Ecosystem
1.Introduction
1.1.
These Terms and Conditions ("Terms") govern the use of the RARE (Rapid Assay Result Ecosystem) software-as-a-service platform, including its associated Android and iOS mobile applications (collectively, the "Service").
1.2.
By accessing or using the Service, you agree to be bound by these Terms.
1.3.
The Service is intended solely for research and development purposes, including the development and optimisation of lateral flow assays and reader configurations.
1.4.
The Service is not authorised as a regulated medical device and must not be used in any diagnostic, clinical, or decision-making process related to human or animal health.
2.User Accounts and Organisation Structure
2.1.
Users are organised into entities known as "Organisations", which may include companies, universities, or research institutes.
2.2.
Each Organisation must appoint at least one "Organisation Admin" who is responsible for user management within that Organisation.
2.3.
Organisation Admins may invite, remove, or modify access permissions for other users.
3.Subscription and Payment Terms
3.1.
Access to the Service is provided on a per-user, per-month subscription basis.
3.2.
Subscriptions may be paid in advance by invoice or by credit/debit card via Stripe.
3.3.
Novarum may offer different pricing tiers reflecting varying levels of functionality, storage capacity, or other enhanced services.
3.4.
Organisations will be notified of applicable pricing plans and any updates within the Service platform.
3.5.
Where users process or store large volumes of data beyond standard usage thresholds, additional fees may apply. These thresholds and fees will be:
3.5.1.
Communicated in advance within the Service; and
3.5.2.
Not incurred without prior user notification.
4.Free Trials and Termination
4.1.
Novarum may grant access to the Service on a free trial or demonstration basis.
4.2.
Novarum reserves the right to terminate trial or demonstration access immediately, without notice, penalty, or explanation.
4.3.
If a paying user cancels their subscription or fails to renew, Novarum may delete all associated data without further notice.
4.4.
If data is retained by Novarum after termination and the Organisation wishes to reinstate access, Novarum may charge the Organisation for one user per month for each lapsed month between termination and reinstatement.
5.Data, Processing and Intellectual Property
5.1.
Users may create test methods within the Service; the intellectual property in such methods remains the exclusive property of the Organisation which created them.
5.2.
Users may process data which generates new results. The time required to process such data depends on:
5.2.1.
The volume of data being processed;
5.2.2.
The complexity of the associated method; and
5.2.3.
The current server load.
5.3.
Novarum makes no guarantees regarding response times or performance levels.
5.4.
Novarum personnel may access collected data for the purposes of:
5.4.1.
Assisting users with data optimisation;
5.4.2.
Refining method configurations; or
5.4.3.
Enhancing the performance of the Service.
6.Data Protection and GDPR
6.1.
Novarum DX Ltd is the Data Controller for all personal data collected and processed through the Service.
6.2.
Novarum will process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
6.3.
Personal data may include user names, contact details, usage logs, and other identifiers required for account management and service delivery.
6.4.
Novarum shall:
6.4.1.
Implement appropriate technical and organisational measures to safeguard personal data;
6.4.2.
Ensure that personal data is only accessed by authorised personnel;
6.4.3.
Retain personal data only as long as necessary to fulfil contractual and legal obligations; and
6.4.4.
Respond to data subject rights requests in accordance with GDPR.
6.5.
Organisations are responsible for ensuring they have a lawful basis for uploading any third-party personal data to the Service.
7.Professional Services
7.1.
If users require assistance from Novarum in connection with:
7.1.1.
Data analysis;
7.1.2.
Result optimisation;
7.1.3.
Export of results; or
7.1.4.
Creation of new imaging models or configurations;
...then such services shall be charged at £120 GBP per hour, unless otherwise agreed in writing.
8.Limitations of Liability
8.1.
The Service is provided on an "as is" and "as available" basis.
8.2.
Novarum DX Ltd makes no warranties, express or implied, regarding the Service's fitness for purpose, performance, or availability.
8.3.
To the maximum extent permitted by law, Novarum disclaims all liability for:
8.3.1.
Direct, indirect, incidental, or consequential damages arising from use or inability to use the Service;
8.3.2.
Loss or corruption of data; and
8.3.3.
Unauthorised or inappropriate use of the Service in a diagnostic or clinical context.
8.4.
Users agree to indemnify and hold harmless Novarum against claims arising from misuse of the Service or breach of these Terms.
9.Changes to Terms
9.1.
Novarum reserves the right to amend these Terms at any time.
9.2.
Users will be notified of material changes via the Service or by email.
9.3.
Continued use of the Service after any such update constitutes acceptance of the revised Terms.
10.Governing Law and Dispute Resolution
10.1.
These Terms shall be governed by and construed in accordance with the laws of Scotland.
10.2.
Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Scottish Courts.
10.3.
Before resorting to litigation, the parties agree to attempt resolution through arbitration in Scotland, unless they are unable to agree on an arbitrator or method of arbitration.
11.Sanctions and Export Control
11.1.
The Service may not be accessed, used, or downloaded in any country or territory subject to comprehensive sanctions imposed by the United Kingdom Government.
11.2.
By using the Service, the user warrants that:
11.2.1.
Neither the user nor the Organisation to which the user belongs is located in, organised under the laws of, or otherwise controlled by any country or territory subject to UK sanctions;
11.2.2.
Neither the user nor the Organisation is owned or controlled by, or acting on behalf of, any individual or entity subject to UK Government sanctions, including those listed on the UK Sanctions List;
11.2.3.
The use of the Service will not breach any applicable UK export control laws or sanctions regulations.
11.3.
If Novarum reasonably believes a breach of this clause has occurred, it may immediately suspend or terminate the user's access to the Service without notice.
11.4.
The user and/or Organisation agrees to indemnify and hold harmless Novarum DX Ltd against any losses, claims, liabilities, damages, penalties, costs, or expenses (including legal fees) arising from any breach of this clause or from use of the Service in violation of applicable UK sanctions laws.
12.Software Specifications, Bugs, and Refund Policy
12.1.
The design, scope, and intended specifications of the Service are at all times the sole responsibility of Novarum DX Ltd. Novarum reserves the right to modify, enhance, or remove features at its sole discretion and without prior notice.
12.2.
Users acknowledge and accept that bugs, software faults, and unexpected behaviours are a normal and inherent aspect of ongoing software development.
12.3.
Users are encouraged to report bugs or issues to Novarum via the designated support channels; however:
12.3.1.
Novarum makes no commitment to a timeline for addressing, resolving, or responding to any reported issue;
12.3.2.
Novarum does not guarantee that any user-reported issue will be classified as a bug or defect; and
12.3.3.
Determination of whether an issue constitutes a bug, feature request, or non-defect behaviour rests solely with Novarum.
12.4.
Refunds of subscription fees will only be granted if, for a substantial part of two or more consecutive working days within any payment month:
12.4.1.
The Service is completely inaccessible to all users within an Organisation;
12.4.2.
The inaccessibility is not caused by any fault of the Organisation, its users, their internet access, devices, or third-party systems; and
12.4.3.
Novarum has been notified promptly and provided sufficient evidence to investigate the incident.
12.5.
In such cases, Novarum may issue a pro-rata refund for the affected period. Any such refund shall be the full extent of Novarum's liability in relation to Service availability.