MVD X-Ray Technologies - Terms and Conditions
Last Updated: Feb 20, 2025
1. Introduction
These Terms and Conditions ("Terms") govern your use of Phantom XY system and Phantom Cloud ("Products") provided by MVD X-Ray Technologies Inc. ("MVD," "we," "our," or "us"). By purchasing, subscribing to, or using our Products, you agree to these Terms. If you do not agree, you must not use our Products.
2. Hardware Ownership and Recall
MVD retains ownership of all Phantom XY units provided to users. We reserve the right to recall any unit at any time for any reason. Users must return the unit upon request at their expense.
3. Subscription Cancellation & Hardware Return
If a user cancels their subscription, they must return their Phantom XY unit to MVD within 60 days at their own expense. If the unit is not returned within this timeframe, the user must pay a $2000 hardware replacement fee. Failure to comply may result in legal action, and the user agrees to cover all costs associated with debt collection and legal proceedings.
4. No Liability for Malpractice
The Products are advisory tools only; they do not make medical decisions. The user, as a licensed practitioner, is solely responsible for their professional decisions and any malpractice that may arise. MVD is not liable for any direct or indirect damages resulting from the use or misuse of our Products. The user agrees to indemnify, defend, and hold MVD harmless from any claims, lawsuits, or damages related to their malpractice.
5. Data Collection & Sharing
Users agree that MVD collects and stores all data related to Phantom XY and Phantom Cloud, including: Test results, Images, Clinic information. This data is used exclusively to improve our software and services. Users agree that MVD has the right to freely share this data with medical regulatory bodies in their jurisdiction. No patient data is collected, as the Products are not used on patients.
6. Single-Clinic Use Restriction
Phantom XY and Phantom Cloud are licensed for use at one clinic location only. Users may not share accounts or devices between multiple clinics. MVD will monitor account activity for compliance. If a user is found violating this policy, MVD may immediately terminate their access without refund.
7. Service Availability & Maintenance
MVD strives to maintain uninterrupted access to Phantom Cloud, but we do not guarantee 100% uptime. We reserve the right to perform maintenance and updates that may temporarily disrupt service.
8. Termination of Service
MVD reserves the right to terminate any account or revoke access to Phantom XY or Phantom Cloud if a user: Violates these Terms Engages in fraudulent or unauthorized use Fails to comply with legal obligations Termination may occur without prior notice.
9. Payment Terms
All payments for subscriptions and additional services must be made through the payment methods accepted by MVD, including credit cards and other methods facilitated through our payment processor, Stripe. Users authorize MVD to charge their provided payment method for all fees, including future invoices for subscriptions or additional services, up to a maximum of $5,000, as per their consent. MVD reserves the right to suspend access to the Products until payment is received. Users are responsible for any costs associated with payment collection, including legal fees, in the event of non-payment.
10. Governing Law & Dispute Resolution
These Terms are governed by the laws of Canada. Any disputes shall be resolved through binding arbitration in Canada, per the rules of a recognized arbitration body. Users waive their right to pursue legal claims in court and agree to resolve disputes exclusively through arbitration.
11. Changes to These Terms
MVD reserves the right to update these Terms at any time. Users will be notified of significant changes, and continued use of the Products after an update constitutes acceptance of the revised Terms.
12. Contact Information
For any questions regarding these Terms, please contact us at info@mvdxraytech.com.
By using Phantom XY and Phantom Cloud, you acknowledge and agree to these Terms and Conditions.
