Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PURCHASING OR USING CT/MRI SCALARMETRICS. BY PURCHASING, INSTALLING, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT PURCHASE OR USE THE APP AND, IF YOU HAVE ALREADY PURCHASED IT, REQUEST A REFUND FROM GOOGLE PLAY WITHIN THE PERIOD ALLOWED BY ITS REFUND POLICY.
1. Acceptance of Terms
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and ScalarMetrics (“ScalarMetrics”, “we”, “us”, or “our”), an independent software developer, governing your purchase and use of the CT/MRI ScalarMetrics Android application (“the App”), which is distributed worldwide through Google Play. By purchasing, downloading, installing, accessing, or using the App you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you use the App on behalf of a clinic, hospital, university, company, or other organisation, you represent and warrant that you have authority to bind that organisation, and “you” refers to both you and that organisation.
2. Description of the App
The App is an offline reference and calculation tool. You manually enter CT/MRI measurement values and patient context (for example an organ dimension, an attenuation or signal-intensity value, an age band, a sex, or a gestational age) and the App applies formulas, reference ranges, and classification rules compiled from published medical literature to display derived values (such as volumes, ratios, indices, z-scores, percentiles, estimated gestational age, and category or severity grades), colour-coded normal-range indications, explanatory text, and literature citations. The App does not connect to, control, or receive data from any CT/MRI scanner, does not display or store images, and does not store the values you enter. It is a calculator and reference library, not a diagnostic system.
3. Eligibility and Intended Users
You must be at least 18 years of age and have the legal capacity to enter into these Terms. The App is intended for use by qualified healthcare professionals, healthcare trainees under appropriate supervision, students, educators, and researchers with a legitimate educational, academic, or research interest in CT/MRI reference values. It is not intended for, and must not be used by, members of the public to self-diagnose, self-monitor, self-treat, or make health decisions about themselves, a pregnancy, a child, or any other person. By using the App you represent and warrant that you meet these requirements and that you possess the training necessary to understand the clinical context, limitations, and appropriate use of every value the App displays.
4. Research, Educational and Reference Use Only - Not a Medical Device
THE APP IS INTENDED SOLELY FOR RESEARCH, EDUCATIONAL, AND INFORMATIONAL REFERENCE PURPOSES. THE APP IS NOT A MEDICAL DEVICE, HAS NOT BEEN CLINICALLY VALIDATED, AND HAS NOT RECEIVED CLEARANCE, APPROVAL, MARKING, OR REGISTRATION FROM ANY MEDICAL-DEVICE REGULATOR IN ANY JURISDICTION (INCLUDING BUT NOT LIMITED TO THE FDA OR THE EU). YOU MUST NOT USE THE APP AS THE SOLE OR PRIMARY BASIS FOR CLINICAL DIAGNOSIS, SCREENING, TRIAGE, PROGNOSIS, TREATMENT PLANNING, TREATMENT DECISIONS, PATIENT CARE, PREGNANCY MANAGEMENT, OR ANY OTHER CLINICAL OR MEDICAL PURPOSE.
ALL OUTPUTS OF THE APP, INCLUDING BUT NOT LIMITED TO CALCULATED MEASUREMENTS, VOLUMES, RATIOS, INDICES, Z-SCORES, PERCENTILES, ESTIMATED GESTATIONAL AGES, RISK OR SEVERITY CLASSIFICATIONS, COLOUR-CODED NORMAL-RANGE INDICATIONS, EXPLANATORY TEXT, AND CITATIONS, ARE APPROXIMATIONS PROVIDED WITHOUT ANY CLINICAL WARRANTY AND MAY CONTAIN ERRORS, INACCURACIES, TRANSCRIPTION MISTAKES, OR OMISSIONS. REFERENCE RANGES DERIVED FROM ONE POPULATION, PROTOCOL, OR EQUIPMENT MAY NOT APPLY TO ANOTHER. YOU ACKNOWLEDGE AND AGREE THAT EVERY OUTPUT MUST BE INDEPENDENTLY VERIFIED AGAINST CURRENT AUTHORITATIVE GUIDANCE AND YOUR OWN PROFESSIONAL JUDGMENT, AND THAT ANY RELIANCE ON AN OUTPUT OF THE APP IS ENTIRELY AT YOUR OWN RISK.
5. No Professional Relationship; No Medical Advice
Your use of the App does not create a physician-patient, clinician-patient, or any other professional, advisory, or fiduciary relationship between you or any patient and ScalarMetrics. ScalarMetrics is a software developer, not a healthcare provider, and does not practise medicine, radiology, nursing, or any other licensed profession in any form or jurisdiction. Nothing in the App constitutes medical, legal, or professional advice, and the App is not a substitute for the independent judgment of a qualified healthcare professional who has personally evaluated the relevant patient and images.
6. Purchase, Price and Refunds
The App is a paid application sold exclusively through Google Play as a one-time purchase. Google LLC or its local affiliate (“Google”) is the merchant of record: Google sets the local currency, collects payment and applicable taxes, and issues receipts under the Google Play Terms of Service. ScalarMetrics does not process payments and does not receive your payment details.
All refund requests must be made to Google Play under its refund policy, which may allow a refund within a limited period after purchase. Beyond what Google Play grants, and beyond any non-waivable right you have under mandatory consumer law, purchases are final and non-refundable, including where you subsequently disagree with these Terms, find the App unsuitable for your purpose, change devices, or the App is later modified or discontinued. ScalarMetrics may change the price of the App for future purchasers at any time; price changes do not affect a purchase you have already completed. The App currently contains no in-app purchases, subscriptions, or advertising. If ScalarMetrics later offers optional paid features, they will be governed by additional terms presented at that time.
7. Licence Grant
Subject to your payment of the purchase price and your compliance with these Terms, ScalarMetrics grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on Android devices that you own or control and that are associated with the Google account used for the purchase, as permitted by the Google Play Terms of Service, solely for lawful research, educational, or professional reference purposes. The App is licensed, not sold; this licence conveys no ownership interest in the App or any intellectual property, and ScalarMetrics reserves all rights not expressly granted. A single purchase does not authorise installation on devices belonging to other people, institutional deployment, or use by more than one professional unless separately agreed in writing with ScalarMetrics.
8. Restrictions on Use
You agree that you will NOT:
- Use the App as the sole or primary basis for any clinical, diagnostic, screening, or therapeutic decision
- Use the App in any manner that could cause harm to any patient, pregnancy, or individual
- Enter, record, or attempt to store any patient-identifying information in the App
- Represent to any patient, colleague, institution, insurer, court, or other third party that a result produced by the App constitutes a diagnosis, clearance, professional medical opinion, or validated clinical measurement
- Include App output in a medical record, report, or expert opinion without independently verifying it and clearly identifying it as your own professional conclusion
- Use the App in any jurisdiction or context where doing so would violate applicable medical-device, professional-licensing, or scope-of-practice rules
- Reverse engineer, decompile, disassemble, extract, or otherwise attempt to derive the source code, formulas, reference tables, or data compilations of the App, except to the extent that applicable law expressly prohibits this restriction
- Copy, modify, adapt, translate, or create derivative works based on the App or its reference-data compilation
- Distribute, sublicense, lease, rent, loan, sell, share, resell, or otherwise transfer the App, your licence, or any rights therein to any third party, or make the App available on any network where it could be used by multiple devices at once
- Remove, alter, or obscure any proprietary notice, label, disclaimer, or mark in the App
- Use the App to build, train, or validate a competing product or dataset
- Use the App to violate any applicable law, regulation, or third-party right
- Circumvent, disable, or tamper with any part of the App, or run it on a device or environment modified to defeat Google Play licensing or integrity checks
9. Accuracy, Third-Party Sources, Translations and Units
Reference ranges, thresholds, formulas, regression coefficients, and citations presented in the App are drawn from published medical and scientific literature identified within the App. ScalarMetrics does not guarantee that any source remains current, complete, applicable to your population or equipment, or free from error; does not guarantee that any formula or threshold has been transcribed or implemented without error; and disclaims all responsibility for the content, accuracy, or continued availability of any third-party publication referenced in the App. Translations of the interface and explanatory text are provided for convenience only, may contain inaccuracies, and are governed by the English text in case of conflict. You are solely responsible for confirming that every value you enter is expressed in the unit the App expects, that every result is read in the unit displayed, and that every output is verified against current, authoritative clinical guidance before any reliance.
10. Updates, Availability and Discontinuation
ScalarMetrics may, but is not obliged to, release updates, corrections, or new content for the App. Updates may add, change, or remove measurements, categories, formulas, reference ranges, translations, or features, and may change the App’s behaviour or minimum Android version. You are responsible for installing updates, and ScalarMetrics may condition continued use on the installation of an update. ScalarMetrics may modify, suspend, or permanently discontinue the App, or its availability in any country, at any time without notice and without liability to you, subject only to any non-waivable right you may have under mandatory consumer law. ScalarMetrics is not obliged to provide maintenance, technical support, or compatibility with any particular device, Android version, or Google Play change.
11. Intellectual Property
The App and all content, features, functionality, designs, graphics, user-interface layouts, trademarks, service marks, trade names, logos, source code, algorithms, explanatory texts, translations, and the selection, arrangement, and compilation of reference data contained therein are and shall remain the exclusive property of ScalarMetrics and its licensors and are protected by copyright, trademark, database, and other intellectual-property laws and international treaties. Underlying scientific facts and published formulas remain the property of their respective authors and publishers; ScalarMetrics claims rights in its original expression, implementation, and compilation of them. These Terms grant you no right, title, or interest in the App except the limited licence in Section 7. All rights not expressly granted are reserved.
12. Feedback
If you send ScalarMetrics suggestions, corrections, bug reports, or other feedback about the App, you grant ScalarMetrics a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, and incorporate that feedback for any purpose without obligation or compensation to you, and you represent that the feedback does not contain patient-identifying information or third-party confidential material.
13. User Responsibilities and Compliance
You are solely responsible for your use of the App and for ensuring that such use complies with all applicable local, provincial, national, and international laws, regulations, professional standards, and institutional policies. If you use the App in connection with any patient-related, research, or teaching workflow, you are solely responsible for all applicable data-protection, ethics, and healthcare regulations, including but not limited to HIPAA, GDPR, PIPEDA, and any institutional or review-board requirements. You represent and warrant that every value you enter is used solely for lawful research, educational, or professional reference purposes and that you have all rights necessary to do so.
14. Export Control and Sanctions Compliance
You represent and warrant that (a) you are not located in, and are not a resident or national of, any country or region subject to a comprehensive trade embargo; (b) you are not identified on any government list of prohibited, restricted, or sanctioned parties; and (c) you will not use the App in violation of any applicable export-control or economic-sanctions law.
15. Disclaimer of Warranties
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCALARMETRICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, AND NON-INFRINGEMENT. SCALARMETRICS DOES NOT WARRANT THAT: (A) THE APP WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR ANY CLINICAL, RESEARCH, OR EDUCATIONAL PURPOSE; (B) THE APP WILL BE UNINTERRUPTED, COMPATIBLE WITH YOUR DEVICE, OR ERROR-FREE; (C) ANY RESULT, MEASUREMENT, CALCULATION, CLASSIFICATION, REFERENCE RANGE, TRANSLATION, OR CITATION OBTAINED FROM THE APP WILL BE ACCURATE, RELIABLE, CURRENT, OR CORRECT; (D) ANY ERROR IN THE APP WILL BE CORRECTED; OR (E) THE APP IS FREE OF DEFECTS OR HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCALARMETRICS OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT CASE THEY APPLY TO THE MAXIMUM EXTENT PERMITTED.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCALARMETRICS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, DEATH, MISDIAGNOSIS, DELAYED OR INAPPROPRIATE TREATMENT, PROFESSIONAL-LIABILITY CLAIM, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE APP; (B) ANY ERROR, INACCURACY, OR OMISSION IN ANY APP OUTPUT, FORMULA, REFERENCE RANGE, TRANSLATION, OR CITATION; (C) ANY CLINICAL, RESEARCH, OR OTHER DECISION MADE BY YOU OR ANY THIRD PARTY IN RELIANCE ON APP OUTPUT; (D) ANY UNAUTHORISED ACCESS TO OR USE OF YOUR DEVICE OR ITS DATA; (E) ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE APP; OR (F) ANY OTHER MATTER RELATED TO THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SCALARMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SCALARMETRICS’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP EXCEED THE PRICE YOU ACTUALLY PAID TO GOOGLE PLAY TO PURCHASE THE APP. THIS LIMITATION APPLIES EVEN IF ANY LIMITED REMEDY UNDER THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT THE PURCHASE PRICE REFLECTS THIS ALLOCATION OF RISK AND THAT SCALARMETRICS WOULD NOT OFFER THE APP WITHOUT IT. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE MANDATORY LAW APPLICABLE TO YOU, INCLUDING CONSUMER-PROTECTION LAW.
17. Indemnification
You agree to indemnify, defend, and hold harmless ScalarMetrics, its owners, officers, directors, employees, contractors, agents, licensors, affiliates, successors, and assigns from and against any and all claims, demands, proceedings, damages, obligations, losses, liabilities, costs, or expenses, including reasonable attorneys’ fees and costs, arising from or relating to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or professional standard; (d) your violation of any third-party right, including any intellectual-property, privacy, confidentiality, or data-protection right; (e) any claim by a patient or other third party that your use of the App, or any decision, report, or opinion you based in whole or in part on App output, caused harm; or (f) any reliance by a third party on information you provided them based on App output. ScalarMetrics reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with that defence. This obligation survives termination of these Terms and your use of the App.
18. Assumption of Risk
You expressly acknowledge and agree that your use of the App is at your sole risk and that you assume full responsibility for all risks associated with that use, including the risk that a formula, threshold, reference range, or translation is outdated, mis-transcribed, inapplicable to your patient population or equipment, or otherwise incorrect. You acknowledge that the App has not been validated for clinical accuracy and that no output may be relied upon, by itself, for any health-related decision concerning any person.
19. Force Majeure
ScalarMetrics shall not be liable for any failure or delay in performance of any obligation under these Terms, or for any unavailability, malfunction, or discontinuation of the App, resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disaster, epidemic, war, terrorism, civil unrest, labour dispute, failure of Google Play or the Android platform, changes in Google Play policies or Android APIs, internet or utility failure, or action of any governmental authority.
20. Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and ScalarMetrics. Neither party has authority to bind the other or to incur any obligation on the other’s behalf.
21. Assignment
ScalarMetrics may assign or transfer these Terms, in whole or in part, at any time without notice or your consent, including in connection with a merger, acquisition, reorganisation, or sale of assets. You may not assign or transfer these Terms, your licence, or any right or obligation under them, without ScalarMetrics’ prior written consent, and any attempted assignment in violation of this section is void.
22. Termination
These Terms remain in effect until terminated. ScalarMetrics may terminate your licence at any time, without prior notice or liability, if you breach these Terms. You may terminate by permanently deleting the App from all your devices. Upon any termination your licence immediately ceases, you must delete all copies of the App, and no refund is owed by ScalarMetrics except as required by Google Play’s refund policy or mandatory law. All provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, assumption of risk, limitations of liability, and dispute-resolution provisions.
23. Modifications to Terms
ScalarMetrics may modify, amend, or replace these Terms at any time at its sole discretion. Revised Terms become effective when included in an App update that you install; the “Last updated” date will be changed accordingly. Your continued use of the App after installing such an update constitutes your binding acceptance of the revised Terms. If you do not agree to revised Terms, your sole remedy is to stop using and delete the App.
24. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws applicable to ScalarMetrics as a company, without regard to conflict-of-law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods, except where mandatory consumer-protection law in your country of residence entitles you to the protection of your own local law or to bring proceedings before your own local courts, in which case that mandatory right prevails. Before commencing any proceeding you agree to first notify ScalarMetrics in writing at the address in Section 29 describing the dispute and to attempt in good faith to resolve it informally for at least thirty (30) days.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
25. Waiver of Class Actions
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE-RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN SUCH AN ACTION AGAINST SCALARMETRICS.
26. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable or, if modification is not possible, shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
27. Entire Agreement; Waiver; Language
These Terms, together with the Privacy Policy, constitute the entire agreement between you and ScalarMetrics regarding the App and supersede all prior and contemporaneous agreements, proposals, representations, store listings, marketing materials, and understandings, whether written or oral. No waiver of any provision shall be deemed a further or continuing waiver of that or any other provision, and ScalarMetrics’ failure to enforce any right or provision shall not constitute a waiver. These Terms are written in English; any translation is provided for convenience only and the English text prevails in case of conflict.
28. Google Play - Additional Terms
This section applies to copies of the App obtained through Google Play, which is currently the only authorised distribution channel.
28.1 Acknowledgement. You acknowledge that these Terms are concluded solely between you and ScalarMetrics, and not with Google. ScalarMetrics, not Google, is solely responsible for the App and its content.
28.2 Scope of Licence. The licence granted to you is limited to use on Android devices you own or control, as permitted by the Google Play Terms of Service and Google’s usage rules.
28.3 Payment and Refunds. Your purchase is processed by Google as merchant of record and is subject to the Google Play Terms of Service and refund policy. Any refund is issued by Google under those policies; ScalarMetrics does not process refunds directly.
28.4 Maintenance and Support. ScalarMetrics is solely responsible for any maintenance and support services with respect to the App, to the extent it elects to provide them. Google has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
28.5 Warranty. ScalarMetrics is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App.
28.6 Product Claims. You acknowledge that ScalarMetrics, not Google, is responsible for addressing any claim by you or any third party relating to the App, including product-liability claims, any claim that the App fails to conform to an applicable legal or regulatory requirement, and any claim arising under consumer-protection, privacy, or similar legislation.
28.7 Third-Party Beneficiary. You acknowledge and agree that Google is a third-party beneficiary of these Terms as they relate to your use of the App obtained via Google Play, and that Google has the right to enforce these Terms against you as a third-party beneficiary.
29. Notices and Contact
ScalarMetrics may provide notices to you by including them in the App or in an App update. You may send notices to ScalarMetrics using the contact details below; a notice is deemed given when included in the App or, if sent by email, when transmitted to the address below.
ScalarMetrics
Diego Palma 158, San Isidro CP1642, Argentina
Phone: +54 11 7005 3522
scalarmetricsdev@gmail.com