Terms y Conditions of use Cromodata

These Terms and Conditions of Use (hereinafter, the “Terms”) constitute a legally binding agreement between you—whether acting in an individual capacity or on behalf of an entity (hereinafter, the “User” or “you”)—and Cromodata, LLC (hereinafter, “Cromodata,” “the Company,” “we,” “us,” or “our”), governing your access and use of the websites cromodata.com or cromodata.app, as well as any other media, channels, subscription portals, mobile sites, mobile applications, or third-party software solutions enabling the download or access of content provided by us (collectively, the “Site”).

By accessing or using the Site, you acknowledge that you have read, understood, and agree—without prejudice to obligations under any other agreement you may have with Cromodata (collectively, the “Other Agreements”)—to be bound by these Terms in their entirety.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY CEASE USE.

Any additional terms, conditions, or documents posted periodically on the Site are expressly incorporated by reference into these Terms.

The information provided on the Site is not intended for distribution to or use by any person or entity in a jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Cromodata to registration or licensing requirements exceeding those already established.
 Therefore, individuals who choose to access the Site from other locations do so on their own initiative and bear responsibility for complying with all applicable local laws.


1. ABOUT THE USER
Use of the Site is restricted to individuals who have reached the age of majority under the laws applicable in their place of residence. By registering, you represent and warrant that you meet these requirements and that all information provided is truthful, accurate, complete, and kept appropriately up to date.
If you accept these Terms on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such cases, the references to “you” and “your” herein shall also apply to that entity.
You further acknowledge that by using the Site, you represent that you are legally capable of entering into enforceable agreements and that you assume full responsibility for any actions undertaken through your account—including those that may carry legal or financial implications.
Use of the Site’s features and services constitutes your unconditional acceptance of these Terms, as well as of any policies, guidelines, or rules that Cromodata may implement in the future.
To safeguard the security and integrity of the Site, Cromodata reserves the right to request additional information or documentation to verify user identity. Likewise, the Company may refuse registrations or cancel existing accounts if it deems that requirements are not met or if it detects inconsistencies in the information provided.


2. USE OF THE SITE

2.1 Registration and User Account
Full access to Cromodata’s services may require you to register and create an account on the Site. During this process, you may be required to submit valid personal and/or contact information.
You agree to provide information that is truthful, complete, and up to date, acknowledging that any false, inaccurate, or outdated information may lead to legal consequences, including account suspension or cancellation. You also agree to promptly notify Cromodata of any material changes to your data.
Cromodata reserves the right to verify the information you provide and to request supporting documentation. We may suspend, refuse, or cancel any user account found to contain inconsistent or unverifiable details, or where suspicious activity is detected. In such cases, the User shall not be entitled to any compensation or indemnification.

2.2 Prohibited Uses of the Site
You agree not to engage, directly or indirectly, in any of the following activities on the Site:

1. Using the Site, its services, or its Content in any manner that violates applicable laws or regulations.
2. Systematically collecting data or content from the Site to create or compile, directly or indirectly, databases, directories, or collections without Cromodata’s written permission.
3. Using the Site for advertising, commercial, or promotional purposes without authorization.
4. Circumventing, disabling, or otherwise interfering with the Site’s security features.
5. Engaging in unauthorized “framing” or linking to the Site.
6. Deceiving, defrauding, or misleading Cromodata or other users.
7. Using automated processes (scripts, data mining tools, etc.) that compromise the Site’s performance or security.
8. Interfering with, disrupting, or placing undue burden on the Site’s infrastructure.
9. Selling or transferring your user account to third parties.
10. Harassing, threatening, or harming others through the Site.
11. Disassembling, decompiling, or reverse engineering any component of the Site’s software.



3. INTELLECTUAL PROPERTY
All content, designs, source code, databases, software, trademarks, trade names, logos, graphic interfaces, and other materials or technologies displayed on the Site are the exclusive property of Cromodata or its licensors and are protected by intellectual property laws, including (but not limited to):

- Copyright laws.
- Trademark laws.
- Patent laws.
- Trade secret laws.


You agree to fully respect the intellectual property rights of Cromodata and any third parties that may provide content for the Site, and to refrain from any action that would infringe upon these rights.


4. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you agree to hold harmless Cromodata, along with its directors, employees, partners, agents, and any other persons or entities related thereto (collectively, the “Cromodata Parties”), for any losses, liabilities, claims, demands, damages, expenses, or costs (hereinafter, “Claims”) arising directly or indirectly out of:

1. Your breach of these Terms.
2. Violation, misappropriation, or infringement of any third-party rights (including but not limited to copyrights, trademarks, patents, trade secrets, or privacy rights).
3. Failure to comply with any legal or regulatory provisions applicable to your use of the Site.
4. The unauthorized, fraudulent, or unlawful use of the services provided through the Site.


Under no circumstances shall Cromodata or the Cromodata Parties be liable to you or any third party for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost data, or any losses arising from your use or inability to use the Site, even if Cromodata has been advised of the possibility of such damages.
You agree to notify Cromodata immediately of any Claims made against you and to cooperate in their defense, bearing all associated legal fees, costs, and expenses, without imposing on Cromodata any obligation to assume these expenses or provide legal representation.


5. USER-GENERATED CONTRIBUTIONS
Although the Site may not currently permit users to publish content, Cromodata may in the future enable you to create, submit, publish, or transmit materials or information (hereinafter, “Contributions”). Contributions may include, but are not limited to, text, images, audio or video recordings, suggestions, feedback, or personal information.

By creating or sharing Contributions, you represent and warrant that:
1. The disclosure, display, use, or reproduction of such Contributions does not infringe the intellectual property, publicity, or privacy rights of third parties.
2. You own or have obtained the necessary licenses, consents, and permissions to publish such Contributions and to authorize the Site and other users to use them in accordance with these Terms.
3. If the Contributions depict identifiable individuals, you have obtained their express permission for publication.
4. The Contributions are not false, inaccurate, or misleading; and do not constitute spam, unsolicited advertising, or material that promotes defamatory, violent, obscene, or unlawful conduct.
5. The Contributions do not violate any law or regulation.


Any use of the Site that contravenes the foregoing provisions shall constitute a breach of these Terms and may result in Cromodata’s suspension or termination of your rights to use the Site, in whole or in part.


6. CONTRIBUTION LICENSE
You acknowledge and agree that Cromodata may access, store, and process any information or personal data you provide in accordance with the Privacy Policy and your stated privacy settings.

Furthermore, by submitting suggestions, feedback, or other comments regarding the Site, you grant Cromodata the right to use such feedback freely without any compensation or obligation to you.

Cromodata does not claim ownership over user Contributions. You retain all intellectual property rights to your content; however, you assume exclusive responsibility for your Contributions and agree to indemnify Cromodata for any claims arising out of them.


7. SITE MANAGEMENT
Cromodata reserves the right, but not the obligation, to:
1. Monitor the Site for violations of these Terms.
2. Take appropriate legal action, in its sole discretion, against any party violating the law or these Terms.
3. Restrict or remove, at its sole discretion, any content that violates these Terms or that might be offensive, illegal, or impede the Site’s functionality.
4. Administer the Site in a manner that protects Cromodata’s rights, property, and the proper functioning of its platform.



8. OUR SERVICES

8.1 Data
Cromodata endeavors to provide data that has been de-identified in accordance with the “Safe Harbor” method of the Health Insurance Portability and Accountability Act (HIPAA). However, if you discover—or are notified by Cromodata—that any data contains elements that do not meet the Safe Harbor criteria or otherwise constitutes Protected Health Information (PHI) under applicable laws, you agree to:

1. Promptly notify Cromodata (unless Cromodata provided the initial notification).
2. Cooperate with Cromodata to take appropriate measures (e.g., deletion, return, or further anonymization of PHI) in compliance with the law.
3. Handle such PHI in accordance with all legal and regulatory requirements.


Cromodata makes no warranties that de-identified data will always comply with every applicable law, regulation, or standard. You, not Cromodata, are responsible for ensuring that your access to and use of any data complies with all applicable laws and professional codes of conduct.

8.2 Intellectual Property Rights
Unless otherwise noted, the Site is owned exclusively by Cromodata. All content on the Site—such as medical scans, images, data, source code, software, designs, videos, text, graphics, and trademarks—is controlled or licensed by Cromodata and is protected by U.S. intellectual property law and international treaties.

Except as expressly authorized in these Terms or in another agreement, any reproduction, redistribution, public display, or commercial exploitation of any part of the Site is strictly prohibited without prior written consent from Cromodata.

Subject to your compliance with these Terms (including payment obligations and applicable usage restrictions), you are granted a limited license to access and use the data on the Site solely for your internal business purposes and not for resale. Cromodata reserves all rights not expressly granted herein.

8.3 Fees and Payments
Cromodata accepts various forms of payment, including Visa, Mastercard, American Express, and bank transfers. Where payment is required to access certain services, you agree to provide current, complete, and accurate billing information.
Purchases made through the Site are processed via an online billing account. You are responsible for all applicable sales, use, or similar taxes, as well as any fees imposed by local, state, or federal authorities on the amounts you pay, except taxes based on Cromodata’s income. Prices may be modified at any time, and all payments shall be made in U.S. dollars (USD).

If a particular service is subject to recurring billing, you authorize Cromodata to charge the owed amounts for each recurring period until you notify us of your cancellation. In the event of pricing errors, Cromodata reserves the right to correct such errors even after payment has been processed.

8.4 Cancellations
All purchases are final and non-refundable. You may cancel your subscription at any time by logging in to your account or contacting Cromodata at info@cromodata.com. The cancellation will take effect at the end of the current billing period.

If you are dissatisfied with our services, please email us at info@cromodata.com.


9. MODIFICATIONS AND INTERRUPTIONS

9.1 Site Modifications
Cromodata reserves the right to make modifications, updates, or improvements to the Site’s content and functionalities at any time. Unless otherwise indicated, such changes take immediate effect upon posting.
In the event of substantial changes to these Terms, Cromodata will make reasonable efforts to provide at least fifteen (15) days’ notice to you, typically via electronic notifications. If you do not agree with the revised Terms, you may close your account without penalty before the effective date.

9.2 Errors and Updates
The Site may contain typographical errors, inaccuracies, or omissions related to descriptions, pricing, or availability. While Cromodata strives to ensure accuracy, we do not guarantee that the Site will be error-free. Upon discovery of any inaccuracy, we will endeavor to correct it promptly.

9.3 Site Availability
Cromodata aims to keep the Site available continuously. However, factors such as routine maintenance, technical issues, or force majeure events may cause temporary disruptions. In such situations, we will use reasonable efforts to restore service as soon as possible.

9.4 Limitation of Liability
You acknowledge that Cromodata shall not be liable for any losses, damages, or inconveniences resulting from interruptions or failures in the Site, unless caused by Cromodata’s gross negligence or willful misconduct.


10. DISPUTE RESOLUTION

10.1 Informal Negotiations
To expedite resolution and limit the costs of any dispute or claim arising under these Terms (a “Dispute”), the parties agree to first attempt to resolve any Dispute informally for at least thirty (30) days before initiating legal proceedings. Such informal negotiations commence upon written notice from one party to the other.

10.2 Jurisdiction
Any legal action or proceeding relating to these Terms or your use of the Site must be brought in the state or federal courts located in Santa Clara County, California, USA.

10.3 Restrictions
The parties agree that any Dispute shall be limited to the parties individually. To the maximum extent permitted by law, this means no claims may be combined, no class action procedures may be utilized, and no representative capacity claims on behalf of the general public or any other person shall be brought.

10.4 Exceptions to Informal Negotiations
The foregoing informal negotiation provisions do not apply to Disputes seeking to:

1. Enforce or protect a party’s intellectual property rights.
2. Recover damages for alleged theft, piracy, invasion of privacy, or unauthorized use.
3. Obtain injunctive relief.



11. CONTACT
If you have any questions, concerns, or requests for information regarding these Terms, you may contact Cromodata at: info@cromodata.com

Last Updated: 28/03/2025

By accessing or using Cromodata’s Site, you represent that you have read, understood, and agree in full to these Terms and any additional rules that supplement them. Should you disagree with any portion of these Terms, you must refrain from using the services offered through the platform.