Terms of Service

1. Agreement to Terms

By accessing or using DICOM Router software ("Software") provided by AK Labs ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Software.

2. License Grant

2.1 Software License

Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable license to use the Software according to your purchased plan.

2.2 License Types

• Starter: Single server deployment, up to 10,000 studies/month
• Professional: Single server, up to 100,000 studies/month, includes AI integration
• Enterprise: Multi-node deployment, unlimited studies, custom features

2.3 License Activation

Licenses are activated using cryptographic keys. Each license includes a 30-day grace period for offline operation. License keys are tied to specific server hardware and cannot be transferred without written permission.

3. Acceptable Use

You agree to:

• Use the Software only for lawful purposes
• Comply with all applicable healthcare regulations (HIPAA, GDPR, etc.)
• Maintain appropriate security measures for PHI
• Not reverse engineer, decompile, or disassemble the Software
• Not remove or modify any copyright or license notices
• Not share license keys with unauthorized parties

4. Payment and Billing

4.1 Fees

Fees are as specified on our website and are subject to change with 30 days notice. Annual plans receive a discount compared to monthly billing.

4.2 Payment Terms

• Monthly plans: Billed monthly in advance
• Annual plans: Billed annually in advance
• Enterprise plans: Custom payment terms available

4.3 Refunds

We offer a 14-day money-back guarantee. After 14 days, fees are non-refundable except as required by law.

5. Support and Updates

5.1 Support

• Starter: Email support (48-hour response time)
• Professional: Priority email support (24-hour response time)
• Enterprise: 24/7 dedicated support with SLA

5.2 Software Updates

All plans include software updates and security patches. Major version upgrades may require additional fees for Starter plans.

6. Data and Privacy

6.1 Your Data

As a self-hosted solution, you retain full ownership and control of all data processed by the Software, including DICOM images and patient information.

6.2 No Access to PHI

WE DO NOT ACCESS, STORE, OR PROCESS ANY PROTECTED HEALTH INFORMATION (PHI) OR ELECTRONIC PROTECTED HEALTH INFORMATION (ePHI). The Software runs entirely on your infrastructure. You are the sole data controller and processor of all medical data.

6.3 Not a Business Associate

WE ARE NOT A "BUSINESS ASSOCIATE" UNDER HIPAA. We do not create, receive, maintain, or transmit PHI on your behalf. We will not sign Business Associate Agreements (BAAs). You are solely responsible for HIPAA compliance in your deployment.

6.4 Your Responsibilities

• Maintain appropriate security measures for PHI in your environment
• Ensure HIPAA compliance in your deployment and operations
• Implement and maintain regular backups of your data
• Configure proper access controls and user management
• Conduct your own security audits and risk assessments
• Maintain audit logs as required by applicable regulations

7. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied. Without limiting the foregoing, we do not warrant that:

• The Software will meet your requirements or expectations
• The Software will be error-free, secure, or uninterrupted
• Any defects in the Software will be corrected
• The Software is suitable for use in critical or life-support systems
• Results obtained from the Software will be accurate or reliable

You acknowledge that you are solely responsible for:

• Determining whether the Software is suitable for your intended use
• Implementing appropriate safeguards, backup procedures, and security measures
• Validating the Software's functionality in your specific environment
• Ensuring compliance with all applicable laws and regulations

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AK LABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER.

This includes, without limitation, damages for:

• Loss of profits, revenue, business, or anticipated savings
• Loss of data, information, or corruption of data
• Loss of use, downtime, or unavailability of the Software
• Business interruption or operational delays
• Personal injury or death
• Property damage
• Medical malpractice or diagnostic errors
• Security breaches, data leaks, or unauthorized access
• Regulatory fines, penalties, or compliance violations
• Legal fees or costs of litigation
• Reputational harm or loss of goodwill

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SOFTWARE SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless AK Labs from any claims arising from your use of the Software, violation of these Terms, or violation of any applicable laws or regulations.

10. Termination

10.1 Termination by You

You may terminate your license at any time by discontinuing use and destroying all copies of the Software. No refunds will be provided except during the 14-day guarantee period.

10.2 Termination by Us

We may terminate your license immediately if you breach these Terms, fail to pay fees, or use the Software in a manner that harms us or others.

11. Medical Disclaimer

CRITICAL: THE SOFTWARE IS NOT A MEDICAL DEVICE AND IS NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE OR OTHER CONDITIONS.

The Software is a DICOM routing and workflow management tool only. You acknowledge and agree that:

• The Software is NOT intended for primary diagnostic use or clinical decision-making
• The Software is NOT certified, approved, or cleared by any regulatory authority (FDA, CE, etc.)
• The Software is NOT suitable for life-critical or life-support applications
• All diagnostic and treatment decisions must be made by qualified healthcare professionals
• The Software should not be relied upon as a substitute for professional medical advice
• You must implement independent verification procedures for all clinical data

WE EXPRESSLY DISCLAIM ANY REPRESENTATION THAT THE SOFTWARE COMPLIES WITH FDA REGULATIONS, IEC 62304, OR ANY OTHER MEDICAL DEVICE STANDARDS. USE IN EMERGENCY OR CRITICAL CARE SETTINGS IS STRICTLY AT YOUR OWN RISK.

11A. No Certification or Accreditation

THE SOFTWARE IS NOT CERTIFIED OR ACCREDITED BY ANY REGULATORY BODY. There is no official HIPAA certification program, and we do not claim HIPAA certification. We do not claim:

• FDA clearance or approval (510(k), PMA, or De Novo)
• CE marking or MDR/IVDR compliance
• HIPAA certification or compliance attestation
• SOC 2, ISO 27001, or other security certifications
• Any regulatory approval for medical use in any jurisdiction

You are solely responsible for determining whether the Software is suitable for your intended use and for obtaining any necessary regulatory approvals in your jurisdiction.

12. Compliance

You are responsible for ensuring your use of the Software complies with:

• HIPAA (Health Insurance Portability and Accountability Act)
• GDPR (General Data Protection Regulation) if applicable
• Local healthcare and data protection regulations
• Medical device regulations in your jurisdiction

13. Governing Law

These Terms are governed by the laws of South Korea. Any disputes shall be resolved in the courts of Seoul, South Korea.

14. Changes to Terms

We may modify these Terms at any time. Significant changes will be notified via email. Continued use of the Software after changes constitutes acceptance of the new Terms.

15. Contact Information

For questions about these Terms, please contact us:

Email: contact@aklabs.dev
Address: Seoul, South Korea