At PathoGate.net we connect pathologists across the world to allow them to exchange knowledge and expertise, learn new skills and document learning progress. Our services are designed to support teaching, training and quality assessment for our members by enabling you and everyone else with a wish to improve diagnostic accuracy and precession to meet, learn, work and exchange insights in a network of trusted colleagues.

PathoGate.net is operated by PathoPulse ApS.

1. Introduction

1.1 Contract

You agree that by clicking “Join Now”, “Agree & Join” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with PathoPulse (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to PathoGate.net. Registered users of our Services are “Members” and unregistered users are “Visitors”.

PathoPulse

You are entering into this Contract with PathoPulse ApS located in Denmark. PathoPulse is the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

1.2 Members and Visitors

When you register and join the PathoGate.net Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

1.3 Change

We may update or modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make significant changes to it, we will notify you, to provide you the opportunity to review the changes before they apply to you. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

2. Obligations

2.1 Service Eligibility

The Services are not for use by anyone under the age of 18.

To use the Services, you agree that: (1) you must be the "Minimum Age" (described below) or older; (2) you will only have one PathoGate.net account, which must be in your real name; and (3) you are not already restricted by PathoPulse from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

“Minimum Age” means 18 years old. However, if law requires that you must be older in order for PathoPulse to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

Members are account holders. You agree to: (1) use a strong password and keep it confidential (2) not transfer any part of your account and (3) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. module participation bought by employer or institution), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

2.3 Payment

If you buy any of our paid Services, you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
• We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
• If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. 
• Purchases of Services are non-refundable once they have been activated.
• We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

2.4 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Please review your settings to control and limit messages you receive from us.

2.5 Sharing

Our Services allow sharing various types of information, such as images, patient cases, questions, documents, your profile, and participation in various activities. Information and content that you create or share may be seen by other Members, Visitors or others according to your settings. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g. limiting access to images and modules to a private audience or information about your profile).

As the owner of original images, patient cases, documents and questions you have created or linked to the platform, you remain in control of who you share the content with. You can always remove content that you own to restrict others from accessing it. Ownership of some content can be transferred to others, in which case you will no longer be in control.

We are not obligated to publish any information or content on our Service and can remove it with or without notice.

3. Rights and Limits

3.1 Your License to PathoGate.net

As between you and PathoPulse, you own the content and information that you submit or post to the Services, and you are only granting PathoPulse the following non-exclusive license:

A worldwide, transferable and sublicensable right to use and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
2. We will not include your content in advertisements.
3. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
4. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

You and PathoPulse agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to PathoPulse, you agree that PathoPulse can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. PathoPulse may be required by law to remove certain information or content in certain countries.

3.2 Service Availability

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

We don’t promise to store or keep showing any information and content that you’ve created. PathoGate.net is not a storage service, and we encourage you to maintain copies of all uploaded documents and images. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. PathoPulse generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. 

PathoPulse may help connect Members offering their services (educational modules, EQA shemes etc.) with Members seeking services. You must be at least 18 years of age to offer, perform or procure these services. PathoPulse may offer to handle payments related to such services on behalf of the Member providing the service, but is not responsible for the content. You acknowledge that PathoPulse does not supervise, direct, control or monitor Members in the performance of these services and agree that PathoPulse is not responsible for the offering, performance or procurement of these services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services according to relevant regulations.

Similarly, PathoPulse may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) PathoPulse is not responsible for the conduct of any of the Members or other attendees at such events, and (2) that you will adhere to these terms and conditions that apply to such events.

3.4 Limits

PathoPulse reserves the right to limit your use of the Services, including the number of images linked, members invited, documents uploaded or modules created. PathoPulse reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts).

3.5 Intellectual Property Rights

PathoPulse reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. PathoPulse, PathoGate.net and other PathoPulse trademarks, service marks, graphics and logos used for our Services may be trademarks or registered trademarks of PathoPulse.

3.6 Automated Processing

We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend modules and content we believe may be of interest. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

4. Disclaimer and Limit of Viability

4.1 No Warranty

PATHOPULSE AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PATHOPULSE AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4.2 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS PATHOPULSE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), PATHOPULSE , INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

PATHOPULSE AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY YOU TO PATHOPULSE FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY.

4.3 Basis of the Bargain; Exclusions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and PathoPulse and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if PathoPulse or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

5. Termination

Both you and PathoPulse may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

• Our rights to use and disclose your feedback;
• Members and/or Visitors’ rights to further access and re-share content and information you shared through the Services, and that you have not restricted access to prior to termination;
• Sections 4, 6, 7, and 8.2 of this Contract;
• Any amounts owed by either party prior to termination remain owed after termination.

You can contact support@pathogate.net to close your account.

6. Governing Law and Dispute Resolution

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. 

You and PathoPulse agree that claims and disputes can be litigated only in Copenhagen, Denmark, and we each agree to personal jurisdiction of the courts located in Copenhagen, Denmark.

7. General Terms

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Contract, that does not mean that PathoPulse has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that PathoPulse may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. PathoGate.net "Dos and Don'ts"

8.1 Dos

You agree that you will:

1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and keep it updated;
3. Use your real name on your profile; and
4. Use the Services in a professional manner.

8.2 Don'ts

You agree that you will not:

1. Create a false identity on PathoGate.net, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
2. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on linked images or storage space);
4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of PathoPulse;
5. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) content created by of others without their permission, which they may give by posting under a Creative Commons license;
7. Violate the intellectual property or other rights of PathoPulse, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “PathoPulse”, "PathoGate" or our logos in any business name, email, or URL not related directly to the Services of this Contract.
8. Post anything that contains software viruses, worms, or any other harmful code;
9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
10. Imply or state that you are affiliated with or endorsed by PathoPulse without our express consent (e.g., representing yourself as an accredited PathoGate.net trainer);
11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without PathoPulse's consent;
12. Deep-link to our Services for any purpose other than to promote your profile, direct users to landing pages or module descriptions on our Services, without PathoPulse's consent;
13. Use bots or other automated methods to access the Services, add or download content, send or redirect messages;
14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
16. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
18. Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. Please contact support@pathogate.net for complaints concerning content posted by our Members.

10. How to Contact Us

For general inquiries, you may contact us using support@pathogate.net. For legal notices or service of process, you may write us at PathoPulse ApS, Holmevej 105, 2860 Søborg, Denmark.