The following terms and conditions govern all use of the RetinaRisk application (App, API, iClinic and/or any of the services made by Risk ehf.) and all content, services and products available at or through the application, including, but not limited to, the risk calculator. The RetinaRisk application is owned and operated by Risk ehf.
The RetinaRisk application is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website or in the application. Please read this Agreement carefully before accessing or using the RetinaRisk products.
By accessing or using any part of the application, you agree to become bound by the terms and conditions of this agreement. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS THE APPLICATION OR USE ANY OF ITS SERVICES.
1. RetinaRisk If you create an account in the application, you are responsible for maintaining the security of your account and usage. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the outcome from the risk calculator. You must not take any action with the given outcome of the risk calculator that is likely to cause Risk ehf. liability. You must immediately notify Risk ehf. of any unauthorized uses of your account, or any other breaches of security. Risk ehf. will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Usage – You are responsible for any and all usage under your account.
Without limiting any of those representations or warranties, Risk ehf. has the right to (though not the obligation), at Risk ehf. sole discretion, (i) refuse or remove any account that, in Risk ehf. reasonable opinion violates any Risk ehf. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the application to any individual or entity for any reason, at Risk ehf. sole discretion.
2. Usage agreement
Permitted use – You may use the RetinaRisk application, as intended, to support diabetes management and eye healthcare and for educational purposes. The outcome can be used to support your decisions and is strictly limited to support.
Restricted Use – You may not use the RetinaRisk application or other services or tools of RetinaRisk as a final decision tool, but only as a decision support tool. The outcome should never be used as the final decision and no liability can be held against Risk ehf.
Sub-Contracting – Your RetinaRisk API account strictly belongs to you alone. No Party other than the API Provider may assign, novate or transfer in any way, or charge the benefit of, any of its rights, liabilities or obligations under the API account on a temporary or permanent basis to any Third Party.
3. Responsibility of Application Users.
Risk ehf. cannot access nor review any inputs by the user and cannot therefore be responsible for that material’s content, use or effects.
4. Intellectual Property.
This Agreement does not transfer any intellectual property rights from Risk ehf. or third-party to the user. All rights, titles and interest in such property will remain solely with Risk ehf. Your use of the Application, the RetinaRisk API or any other product or service of Risk ehf., grants you no right or license to reproduce or otherwise use any Risk ehf. or third-party trademarks.
‘Risk ehf.’, ‘RetinaRisk’, ‘RetinaRisk application’, RetinaRisk.com the RetinaRisk logo, and all other trademarks, service marks, graphics and logos used in connection with RetinaRisk.com, or the Application or Website are trademarks or registered trademarks of Risk ehf. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties.
5. Changes
Risk ehf. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is the user’s responsibility to check this Agreement periodically for changes. Your continued use of, or access to the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. Risk ehf. may also, in the future, offer new services and/or features through the Application (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6. Termination
Risk ehf. may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your application account, you may simply discontinue using the Application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties
The Application is provided “as is”. Risk ehf. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Risk ehf. nor its suppliers and licensors, makes any warranty that the Application will be error free or that access thereto will be continuous or uninterrupted. You understand that you download, access, or otherwise obtain content or services through the Application at your own discretion and risk.
8. Limitation of Liability
In no event will Risk ehf., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data; Risk ehf. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. General Representation and Warranty
You represent and warrant that (i) your use of the Application will be in strict accordance with the Risk ehf. Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Iceland or the country in which you reside) and (ii) your use of the Application will not infringe or misappropriate the intellectual property rights of any third party.
10. Indemnification.
You agree to indemnify and hold harmless Risk ehf., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Application, including but not limited to your violation of this Agreement.
11. Prices and Pricing
All offers are subject to confirmation and will be based on the particulars of each client.
Prices are quoted in USD plus valid VAT where applicable.
Payments are due without any deductions or offers unless otherwise agreed. This applies also to payments for any partial deliveries.
In case of default, all liabilities of the Partner as well as all claims of Risk ehf. against the Partner are due immediately.
Notwithstanding further claims and rights, Risk ehf. shall be entitled to withdraw from the contract and to stop further deliveries or services or to ask for prepayment.
12. Privacy
The customer is informed that Risk ehf. collects, processes and stores personal data obtained in the context of the business relationship in accordance with the statutory provisions of the EU General Data Protection Regulation (GDPR). Reference is made to the privacy policy of RISK EHF.
13. Force Majeure
A Party will not be responsible for any delay in performing or failure to perform any of its obligations under the API Contract if and to the extent that the delay or failure directly results from a failure of another Party to perform its obligations in accordance with this Contract.
The API Provider shall not be in breach of the API Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control, including but not limited to: natural disaster, pandemic, war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns and prolonged shortage of energy supplies if they in any way have a negative effect on the API Provider‘s ability to perform in accordance with the API Contract.
14. Miscellaneous
This Agreement constitutes the entire agreement between Risk ehf. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Risk ehf., or by the posting by Risk ehf. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Application will be governed by the laws of Iceland and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Reykjavik, Iceland. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Risk ehf. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
15. Service level agreement
The service provider guarantees 99% monthly uptime for the service. The customer is entitled to a discount on that current monthly usage fee in accordance with the following conditions:
- 5% discount if uptime is between 98% – 99%
- 10% discount if uptime is between 98% – 95%
- 25% discount if uptime is less than 95%.
16. Advice/Guidance review
Any information or guidance within the RetinaRisk applications or on the web page is reviewed every twelve months.
Last Updated: 1st of September, 2023