Terms of Use and Medical Disclaimer
1. Provider and Scope of These Terms
These Terms of Use (“Terms”) govern your access to and use of the EndoDraft website and software (collectively, the “Software”). The Software is developed and provided by a private individual as a personal, experimental project and is made available purely as a scientific and educational demonstration. It is not operated by any company, clinic, hospital, or university. By accessing or using the Software in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. No Clinical Use – Research and Educational Demonstration Only
The Software is provided solely as a non‑clinical research and educational demonstration of possible planning concepts. It is not intended or approved for any real patient care, clinical decision‑making, or operative use. You must not use the Software for planning, guiding, or performing any actual medical procedure on real patients, nor for any decision that may affect a person’s health or safety. Any use of the Software in connection with real patients or real interventions is strictly prohibited.
3. Not a Medical Device – Regulatory Status
The Software has not been assessed, certified, or CE‑marked as a medical device under Regulation (EU) 2017/745 (MDR) or any other medical device regulation, nor is such certification currently intended. It is not an approved medical product and must not be presented, marketed, or used as a medical device. Any resemblance to tools used in clinical workflows is incidental and for illustrative purposes only.
4. User Eligibility and Responsibilities
The Software is aimed at technically interested users, including healthcare professionals, researchers, and students, who wish to explore planning concepts in a purely hypothetical or simulated context. By using the Software, you agree that you will:
- use it only on test data, anonymised data, or purely hypothetical cases,
- not rely on any outputs, measurements, or visualisations for real diagnostic, therapeutic, or interventional decisions, and
- ensure that no real patient is directly or indirectly affected by your use of the Software.
You remain solely responsible for ensuring that your use of the Software complies with all applicable laws, ethical rules, and institutional policies.
5. No Medical Advice or Professional Relationship
Nothing displayed, generated, or made available by the Software or on the website constitutes medical advice, diagnosis, or treatment. The Software does not create any doctor–patient, provider–patient, or other professional healthcare relationship between you and the developer. If you need medical advice, diagnosis, or treatment, you must consult an appropriately qualified healthcare professional and use certified medical devices and approved clinical tools.
6. No Warranties – “As Is” Provision
The Software is provided on an “as is” and “as available” basis, for experimental and illustrative purposes only. To the maximum extent permitted by applicable law, the provider expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of accuracy, completeness, reliability, fitness for a particular purpose, or non‑infringement. The provider does not warrant that the Software is suitable for any specific use, that it is error‑free, or that any output reflects real‑world anatomy, measurements, or risks.
7. Limitation of Liability
To the maximum extent permitted by applicable law, the provider shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to personal injury, loss of data, loss of profits, or any other loss arising out of or in connection with your access to or use of the Software. This exclusion applies in particular to any use of the Software in relation to real patients, real procedures, or real clinical decisions, which is expressly prohibited under these Terms. If, despite this clause, any liability is established by a competent court, such liability shall in any event be limited to the greatest extent permitted by applicable law.
8. Indemnification
You agree to indemnify, defend, and hold harmless the provider from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- any use of the Software in a clinical or patient‑related context,
- any breach of these Terms, or
- any decisions, activities, or outcomes that you associate with your use of the Software.
9. Governing Law and Jurisdiction; Changes to These Terms
These Terms shall be governed by and construed in accordance with the laws of Hungary, without regard to its conflict‑of‑laws rules. Any dispute arising out of or in connection with these Terms or the use of the Software shall be submitted to the exclusive jurisdiction of the competent courts of Budapest, Hungary. The provider may modify or update these Terms at any time; your continued use of the Software after any changes are posted will constitute your acceptance of the updated Terms.