AdvaPACS is a software-as-a-service application (hereafter the “Application”) provided by AdvaHealth Solutions Pte. Ltd. (hereafter, “we,” “us,” “our,” or “AHS”).

Please read these terms of service (“Terms”) carefully before you register for an account to use the Application (“Account”). These Terms contain important information about your rights and obligations when you access and use the Application. By registering for an Account, you agree to be bound by these Terms, which form a legally binding contract between you and AHS.

Creating an Account

You must satisfy either of the following conditions to be eligible to register for an Account:

  • If you are entering into these Terms on behalf of an organization, such as your employer, you must have the authority to bind such organization and accept these Terms on their behalf.
  • If you are an individual entering into these Terms for yourself, you must be at least the age of legal majority in your jurisdiction and capable under applicable law to accept these Terms.

By registering for an Account, you represent, warrant, and undertake that all information you provide to us is truthful, accurate, up-to-date, and complete. Any failure to maintain accurate, up-to-date, and complete information may result in:

  • Your inability to access and/or use the Account or the Application.
  • The suspension or termination of your Account.

Subdomain

When you register for an Account, you will be asked to select a subdomain to access the Application. For example, if you have selected “myhospital,” you will access the Application via the subdomain “https://myhospital.advapacs.com.”

Subdomain Selection Rules
  • You cannot select a subdomain which someone else is already using.
  • Your subdomain must adhere to our Acceptable Use Policy.

We reserve the right to change or require you to change your subdomain at any time. When your subdomain changes, all previous links to your previous subdomain may no longer work, and you will need to update the subdomain portion of out-of-date URLs.

Account Owner and Authorized Users

The initial user of the Account will be designated the “Account Owner.” The Account Owner may authorize one or more users (each an “Authorized User” and with the Account Owner, collectively referred to as “Users”) to access and use the Application via the Account.

The Account Owner will be our point of contact for issues with the Account or important communications. The Account Owner may not be deleted or deactivated until the status is transferred to another Authorized User. Your Account enables Users to access the Application in accordance with these Terms. You must not transfer or share the Account with anyone else.

You are responsible for all activities occurring under your Account. User IDs and passwords may not be shared. Each User is responsible for maintaining the confidentiality of their credentials.

Grant of License

Upon successful registration and subject to compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Application and use the tools and services we provide via the Application.

User Restrictions

You shall not, and shall ensure that all Users do not:

  • License, sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Application.
  • Modify, edit, copy, reproduce, or attempt to derive the source code of the Application.
  • Reverse engineer the Application to build a competitive product or copy its features and graphics.
  • Delete, alter, or obscure copyright and other proprietary notices.
  • Violate any applicable laws, rules, or regulations.
  • Conduct vulnerability scanning, probing, or DDoS attacks intended to harm the Application.
  • Launch automated programs or scripts that unduly burden the Application’s performance.

Using the Application

The Application is intended for use in hospitals, clinics, or non-medical environments to provide PACS (Picture Archiving and Communications System) for storing, indexing, and retrieving medical imaging and other healthcare records (collectively “Records”). You are responsible for ensuring that your use of the Application complies with all applicable laws and regulations.

Data Protection Notice and Acceptable Use Policy

You must ensure that all Users read and abide by our Data Protection Notice and Acceptable Use Policy. By using the Application, you agree that we may use and process personal data in accordance with our Data Protection Notice.

Trial Period

We may offer a 14-day free trial period (“Trial Period”) at our discretion. During this period, the amount of data you can upload and download will be limited.

If you do not activate a paid subscription by the end of the Trial Period, we will suspend the Account. After a 7-day grace period, if the Account remains inactive, it will be terminated and all Data will be permanently deleted.

Our Charges

The Application is available via a month-to-month subscription where you pay based on usage. Charges are calculated based on:

  • Data Transfer – Out: Measured in GiB (1024^3 bytes).
  • New Studies: Counted by unique Study Instance UID.
  • Storage & Usage Costs: Direct costs attributable to cloud provider storage and API requests.

Payment

All prices are in United States Dollars (USD) and do not include applicable taxes. You agree to make full payment of all charges incurred each month. Payments are processed by Stripe; no payment data is stored on AHS servers. If a charge fails, you have 14 days to update payment information before the Account enters read-only mode. If unresolved after 30 days of suspension, the Account will be terminated and data deleted.

Intellectual Property

Your License to Us

We do not grant ownership rights in the Health Records or Data you upload. However, you grant us a limited, revocable license to access and use the Data as necessary to provide the Application services.

Rights to Application

The Application and all related intellectual property remain the property of AHS. You are not granted any rights not expressly stated in these Terms.

Trade Marks

You are not authorized to use AHS trade marks in advertising or publicity without prior written consent.

Confidentiality

You shall keep confidential all non-public information regarding our business or the Application. We are entitled to seek injunctive relief to prevent unauthorized disclosure of Confidential Information.

Disclaimer

The Application is provided on an “as is” and “as available” basis. We do not warrant that the Application will be uninterrupted, error-free, or free of viruses. All implied warranties, including merchantability and fitness for a particular purpose, are disclaimed to the fullest extent permitted by law.

Limitation of Liability

To the fullest extent permissible under law, AHS shall not be liable for any indirect, punitive, or consequential damages. Our maximum liability for any claim will not exceed the total amount paid by you in the 12-month period preceding the claim.

Indemnification

You agree to indemnify and hold harmless AHS and its affiliates from claims arising out of your access to the Application, breach of these Terms, or violation of any law or third-party rights.

Modifications to, or Discontinuation of, the Application

We reserve the right to modify or discontinue the Application at any time. We are not liable for any such modification or discontinuance.

Account Closure

To close an Account, it will first be suspended for 30 days to prevent accidental loss of data. After this period, the Account is terminated and all Data is permanently deleted. You may reactivate the Account during the suspension period by paying outstanding charges.

Termination for Breach

We may suspend your Account immediately if you fail to comply with these Terms. Termination and permanent data deletion will occur after a 30-day suspension period.

Transitional Services

If you wish to migrate Data before termination, we will provide reasonable assistance at your expense on a time-and-materials basis.

Miscellaneous

  • Relationship: The parties are independent contractors.
  • Entire Agreement: These Terms constitute the entire agreement regarding the subject matter.
  • Rights of Third Parties: These Terms do not create any third-party beneficiaries.
  • Assignment: You may not assign these Terms without our consent; AHS may assign them to affiliates or acquirers.

Governing Law and Jurisdiction

These Terms shall be governed by United States law. Any disputes arising from these Terms shall be subject to the non-exclusive jurisdiction of the courts located in the United States.