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In accordance with the provisions of Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, the following information is provided:

IDENTIFICATION DATA

You are visiting the website https://capillary.io, owned by CAPILLARY IO SL, with registered office at C/ ISAAC PERAL Nº 1 DUPLICADO 4º F (50001 ZARAGOZA), ZARAGOZA, SPAIN, VAT number B99564148, registered in the Commercial Registry of Zaragoza, Volume 4456, Page 96, Section 8, Sheet 66888, hereinafter, the OWNER.

You can contact the Owner through the following means:

Contact email: info@capillary.io

USERS

This document sets out the terms and conditions governing the use of the website and/or app of the Owner, as well as the associated services and content. Such use implies the status of “user” and, with it, a series of rights and obligations.

You are responsible for accessing the legal conditions provided on this website, including privacy policies, cookie policies, and, if applicable, terms of sale, and reading them carefully. We recommend:

(i) That you visit them every time you intend to access or use the services and content of the site, and

(ii) That you print or store a copy on your system.

RESEARCH USE ONLY (RUO) AND QUALIFIED USERS

The Capillary.io software is provided for research use only (RUO). Work towards conformity with Regulation (EU) 2017/745 on medical devices (MDR) is in progress and has not yet been completed. The RUO restriction remains in force unless and until the applicable MDR requirements have been met and CAPILLARY IO SL expressly communicates a change in status for the relevant software version, together with updated documentation and terms.

While the RUO restriction applies, the software and its analysis results and reports must not be used for diagnosis, treatment decisions, or other clinical management of individual patients.

Use of the software is restricted to qualified medical doctors and other healthcare professionals with the training, knowledge, and experience needed to use capillaroscopy image analysis software and critically interpret its results. Users must work within their professional competence, follow the software documentation, and review the quality and suitability of the input images and generated results for their research. The software is not offered for patient self-use or use by the general public.

This research-only restriction concerns the User’s use of the software. It does not authorize the Owner to use User Data for its own research, training, or any other purpose prohibited by the “Ownership and processing of User Data” section.

Research permissions and third-party rights. Before uploading data, the User must ensure that they have lawful authority to upload it and have it processed through the software for their research, including obtaining any participant permissions and ethics approvals required by applicable law and the rules governing that research. Uploading data does not override the privacy, data protection, or intellectual property rights of patients, research participants, or other third parties.

Analysis limitations and verification. Automated detections and measurements may contain errors or omissions. Their accuracy depends on factors including image quality and correct calibration of the image scale. Qualified Users must verify the generated results against the source images and the methods applicable to their research before using them in research conclusions or publications.

USE OF THE WEBSITE

This website provides access to a variety of information, services, programs, or data (hereinafter, “the content”) on the Internet belonging to the Owner or its licensors, which the User may access.

This description of the Owner’s content excludes data uploaded by Users, which is governed by the following section on User Data.

The User assumes responsibility for using the portal. This responsibility extends to the registration necessary to access certain services or content. In such registration, the User must provide truthful and lawful information. As a result of this registration, the User may be provided with a password, which they will be responsible for, agreeing to use it diligently and confidentially.

The User agrees to use the content and services appropriately (e.g., chat services, discussion forums, or newsgroups) offered by the Owner through the portal and, without limitation, not to use them for:

  • Engaging in illegal or unauthorized activities or those contrary to good faith and public order.
  • Distributing racist, xenophobic, pornographic-illegal content or propaganda, terrorist advocacy, or content that violates human rights.
  • Causing damage to the physical and logical systems of the Owner, its suppliers, or third parties, introducing or spreading computer viruses or any other physical or logical systems that may cause the aforementioned damage.
  • Attempting to access and, if applicable, use the email accounts of other users and modify or manipulate their messages.
  • Using the website or app to send unsolicited commercial, promotional, or political communications, or to distribute spam.

Use of the app by professionals, clinics, and organizations for lawful professional or commercial research activities is permitted, subject to the research-only and qualified-user restrictions above, these terms, and the features and limits of the chosen plan.

The Owner reserves the right to remove all comments and contributions that violate the dignity of individuals, are discriminatory, xenophobic, racist, pornographic, or that threaten youth or childhood, public order or safety, or that, in its opinion, are not suitable for publication. In any case, the Owner is not responsible for the opinions expressed by users through forums, chats, or other participation tools.

IMPORTANT: Due to the sensitive nature of the data necessary for the provision of services on this website, we emphasize the following points:

  • No personal data that can identify the origin of any image will be allowed.
  • By accepting these Terms of Use, Users agree not to provide any data that may lead to the identification of third parties, especially the origin of the sample image.
  • Users are strongly encouraged to pay special attention to footnotes, labels, etc., accompanying the images that may contain personal patient data.
  • Authors will monitor compliance and may remove any images that violate current legislation, without prejudice to possible liability incurred by the User.

OWNERSHIP AND PROCESSING OF USER DATA

Your data always belongs to you. All images, files, annotations, and other data uploaded by the User to the website or app (“User Data”) remain the User’s property at all times and never become the property of CAPILLARY IO SL. The Owner acquires and retains no ownership, intellectual property rights, or other rights in User Data. Uploading data does not transfer ownership or grant the Owner a license to exploit it. Any existing rights of third parties in that data remain unaffected.

Processing only to provide the app’s results and features. The Owner processes User Data solely on the User’s behalf to provide the analysis, results, and features requested through the app, including the storage, display, download, and deletion needed to provide them. Image analysis is performed exclusively using our own image analysis models, developed in house and self-hosted on infrastructure operated by CAPILLARY IO SL. User Data is not sent to external AI services or third-party models for analysis. This limited processing authorization gives the Owner no independent right to use User Data.

No training or other use. The Owner will never use User Data to train, retrain, fine-tune, evaluate, or improve AI models or algorithms, whether our own or those of third parties. The Owner will not use it for research, advertising, sale, licensing, or any purpose other than providing the app’s requested results and features to the User, nor allow third parties to do so. These restrictions also cover copies, anonymized or aggregated versions of User Data, and analysis results derived from it.

Download and deletion at any time. The User can download or delete their User Data at any time directly through the app. The Owner retains no rights in User Data after deletion or after the User stops using the service.

DATA PROTECTION

All matters related to the processing of your personal data are included in the privacy policy.

CONTENT. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Owner holds all intellectual and industrial property rights of its website, as well as the elements contained therein (e.g., images, photographs, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of used materials, necessary computer programs, etc.), owned by the Owner or its licensors.

This ownership statement and the restrictions below apply only to the Owner’s or its licensors’ materials. They do not apply to User Data or give the Owner any rights in User Data or the analysis results generated for the User.

All rights reserved. Under Articles 8 and 32.1, second paragraph, of the Intellectual Property Law, reproduction, distribution, and public communication, including making available, of all or part of the contents of this website for commercial purposes, on any medium and by any technical means, without the Owner’s authorization, are expressly prohibited.

DISCLAIMER OF WARRANTIES AND LIABILITY

The User acknowledges that the use of the website and its content and services is at their sole responsibility. In particular, and without limitation, the Owner is not liable for:

  • The availability, operation, and quality or interoperability of the website, its services, and content.
  • The website’s suitability for the User’s objectives.
  • Violations of current legislation by the User or third parties, especially regarding the intellectual and industrial property rights of others.
  • The existence of malicious code or harmful elements that could damage the User’s or third parties’ IT systems. The User is responsible for having appropriate tools for detecting and disinfecting these elements.
  • Unauthorized access to content or services by third parties, or interception, deletion, alteration, or manipulation of messages and communications.
  • Damage to computer systems during website access and damage caused to Users due to failures or disconnections in telecommunications networks that interrupt service.
  • Damage or harm arising from force majeure or unforeseen circumstances.

If forums exist, their use must reflect only the opinion of the submitting User, who is solely responsible. The Owner is not responsible for messages sent by Users.

The Owner may update these terms or the service for valid reasons, such as complying with applicable law, addressing security risks, improving functionality or reliability, or adapting to technical requirements.

For material changes to these terms or changes that materially reduce or restrict the service, the Owner will notify affected registered Users by email to their account email address at least 30 calendar days before the changes take effect. The notice will explain the changes, the reasons for them, their effective date, and how to cancel the affected service if the User does not accept them. The User may cancel the affected service or subscription without penalty before that date by contacting info@capillary.io, without affecting any rights under applicable law.

A shorter notice period may be used only to the extent necessary to comply with an urgent legal obligation or address an urgent security risk. In that case, the Owner will give as much advance notice as reasonably possible or, if advance notice is not possible, notify affected Users promptly afterwards, explaining the reason and effective date.

Minor editorial or technical changes that do not reduce Users’ rights or materially affect their use of the service may take effect upon publication. Updated terms will be published on this page with their effective date. Until an update takes effect for an existing User, the previous version continues to apply to that User.

ENGLISH TRANSLATION

All information and documentation available in the English version of this website is provided for informational purposes only. In case of discrepancy between the English and the original Spanish version, the Spanish version shall prevail.

If links or hyperlinks to other websites are included on https://capillary.io, the Owner has no control over such sites and content. The Owner assumes no responsibility for the content of any external link, nor guarantees their technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, or constitutionality. The inclusion of such external links does not imply any association, merger, or partnership with the linked entities.

RIGHT OF EXCLUSION

The Owner reserves the right to deny or withdraw access to the portal and/or services without prior notice, at its own request or that of a third party, to users who violate these legal terms.

GENERAL

The Owner will pursue any breach of these conditions and any improper use of its portal by exercising all civil and criminal actions that may be available under the law.

APPLICABLE LAW AND JURISDICTION

The relationship between the Owner and the User shall be governed by current Spanish legislation. All disputes and claims related to this legal notice will be resolved by the competent Spanish courts corresponding to the consumer or user.

MINORS

This website is intended for users over 18 years old. Minors are not authorized to use our services or send us their personal data. If this occurs, the Owner shall not be held responsible for any consequences arising from this clause’s breach.

SECURITY MEASURES – SSL

The Owner has contracted an SSL certificate (“Secure Sockets Layer”) for its website.

An SSL certificate protects all personal and confidential information transmitted through a website, regardless of the data being transmitted, such as via contact forms, newsletter subscriptions, or protected access areas.

UNITED STATES CUSTOMERS

For customers located in the United States, Capillary.io may provide a separate U.S. Customer Terms Addendum or Order Form. In the event of conflict between these general Terms of Service and the applicable U.S. Customer Terms Addendum or signed Order Form, the U.S. Customer Terms Addendum or signed Order Form shall prevail solely for that customer.

The commitments in “Ownership and processing of User Data” apply to all Users and cannot be overridden by such an addendum or order form.

CONTACT

Identification and contact details of the site owner and operator:

CAPILLARY IO SL

VAT ID: ESB99564148

Address: Calle Isaac Peral 1 duplicado 4º F, Zaragoza, Spain

Email: info@capillary.io