Last Updated: 24/07/2024
1. Introduction
Welcome to Yoctobe Ltd. These Terms of Service (“Terms”) govern your access to and use of Yoctobe’s services, including our website, AI-powered medical solutions, and any other software, tools, features, or functionalities provided by Yoctobe Ltd (“Services”). Please read these Terms carefully before using our Services.
Yoctobe Ltd is a company registered in England and Wales (Company Number: 16256967) with its registered office at 49 Jamaica Street, Liverpool, England, L1 0AH United Kingdom.
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access our Services.
2. Definitions
- “User”, “You”, and “Your” refer to you, the person or entity accessing our Services and accepting these Terms.
- “Company”, “We”, “Us”, and “Our” refer to Yoctobe Ltd.
- “Party” refers to either you or us. For the avoidance of doubt, the terms “Party” or “Parties” also include any entities you represent in your use of our Services.
3. Use of Services
3.1 Eligibility
You must be at least 18 years old and capable of forming a binding contract with Yoctobe Ltd to use our Services. If you are accessing or using our Services on behalf of a business or entity, you represent and warrant that you have the authority to bind that business or entity to these Terms.
3.2 User Accounts
To access certain features of our Services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.3 Acceptable Use
You agree not to use the Services:
- In any way that violates any applicable UK, European Union, or international law or regulation
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material
- To impersonate or attempt to impersonate Yoctobe Ltd, a Yoctobe Ltd employee, another user, or any other person or entity
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Yoctobe Ltd or users of the Services or expose them to liability
4. Intellectual Property Rights
4.1 Our Intellectual Property
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Yoctobe Ltd, its licensors, or other providers of such material and are protected by UK and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 License to Use Services
Subject to these Terms, Yoctobe Ltd grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your personal or internal business purposes.
4.3 Restrictions
You must not:
- Modify, disassemble, decompile or reverse engineer any part of our Services
- Use our Services to create a competing product or service
- Copy, reproduce, distribute, republish, download, display, post, or transmit any part of our Services in any form or by any means
- Remove any copyright or other proprietary notations from the materials
5. Data Protection and Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for information on how we collect, use and disclose information from our users.
6. Payment Terms
6.1 Fees
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments will be processed in Great British Pounds (GBP).
6.2 Taxes
You are responsible for paying all taxes associated with your use of the Services, except for any taxes on Yoctobe Ltd’s net income.
7. Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
8. Limitation of Liability
To the maximum extent permitted by law, in no event shall Yoctobe Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.
9. Disclaimer
The Services are provided on an “AS IS” and “AS AVAILABLE” basis. Yoctobe Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the new Terms on this page and updating the “Last Updated” date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
12. Contact Us
If you have any questions about these Terms, please contact us at:
Yoctobe Ltd 49 Jamaica Street, Liverpool, England, L1 0AH
Email: [email protected] Phone: +44 773 73 403 49
Business Hours: 09:00 AM – 06:00 PM (Local Time)
13. Product and Service Specifications
This article sets out technical specifications and service-scope delimitations that apply to certain products and services supplied by Yoctobe Ltd. Where a product or module is named below, these specifications form part of the Agreement for that product or module and prevail over more general descriptions to the extent of any conflict on the points they address.
Analyser interfaces (Prolab LIS)
The following specifications apply to interfaces between Prolab LIS — offered by Yoctobe either as a standalone Laboratory Information System (“LIS”) or as a laboratory module of Promed HIS — and the Client’s analysers (instruments). References to “the LIS” below mean Prolab LIS in either of those forms.
Unidirectional interface
An interface that transmits data in one direction only, from the analyser to the LIS. The analyser sends results to the LIS without receiving test orders back. Tests to perform are entered manually on the analyser.
Bidirectional interface
An interface that exchanges data in both directions between the LIS and the analyser: the LIS sends test orders to the analyser (worklist / “host download”), and the analyser returns results associated with those orders.
ASTM and HL7 protocols
ASTM E1381/E1394 and HL7 protocols, and the corresponding CLSI LIS1-A and LIS2-A2 standards, standardise only the format of messages exchanged between a LIS and an analyser (order structure, result structure, patient and specimen field encoding). An analyser’s compliance with these protocols attests to its ability to produce or receive messages in a format recognised by the LIS. It does not imply: (a) the analyser’s ability to receive test orders (host download); (b) how a tube is associated with its corresponding order; (c) the presence or absence of a barcode reader on the analyser. Those three elements are solely a matter of the analyser’s design and configuration as determined by its manufacturer, and must be verified model by model independently of declared protocol compliance.
Tube/order association with a barcode reader
When the analyser has a working barcode reader, it scans the tube identifier at processing time and automatically associates the tube with the corresponding order previously received from the LIS. No manual intervention is required for that association.
Tube/order association without a barcode reader
Without a working barcode reader, the list of test orders is still transmitted and available on the analyser. Association between a tube and its corresponding order must then be performed manually by the Client’s operator, according to the analyser’s own methods (on-screen selection, typing the identifier, or a pre-assigned rack position). Lack of a barcode reader does not prevent the analyser from receiving orders; it only moves the association step onto the operator.
Standard offering scope
The Provider’s standard offering includes: (i) sending the worklist (test orders) from the LIS to the analyser, for any analyser whose interface allows it; (ii) automatic receipt of results from the analyser into the LIS. This standard offering works whether or not the Client’s analyser has a barcode reader. Without such equipment, tube/order association remains manual as described above.
Prior verification by the Client
The Client must verify with the analyser manufacturer or in the relevant technical documentation (user manual, host transmission manual), before go-live: (a) the analyser’s ability to receive test orders (some ASTM/HL7-compliant analysers remain unidirectional by design); (b) presence and operation of a barcode reader; (c) the tube/order association mode available without such a reader. The Provider is not liable for limitations inherent to the Client’s analyser; those characteristics are solely the responsibility of the analyser manufacturer.
Additional service — automatic query mode
Enabling automatic interrogation mode (host query), allowing automatic tube/order association by barcode reading, is an interface configuration and maintenance service distinct from the standard offering. That service, hereafter “Interface After-Sales Support”, is quoted and billed separately, and requires the Client’s analyser to be equipped with a working barcode reader beforehand.
