R&C términos y condiciones para pacientes

1. Introduction

These Terms and Conditions (“Agreement”) govern the optional use by the patient (“You” or “Patient”) of the Rods&Cones telepresence service (“Service”) offered as a complementary support tool during surgery.

The Service is delivered by Rods&Cones Sales B.V. (“Rods&Cones”), and provides the attending surgical team with the possibility to interact with a remote healthcare professional (“Consultant”) via telepresence tools. Use of the Service implies your consent to these Terms and Conditions.

2. Nature of the Service

• The Rods&Cones telepresence solution is a remote assistance platform. It enables a qualified Consultant to see and hear the procedure in real-time.
• The Service is not essential for the success of the surgery. It is an add-on, intended to provide a copilot, sparring partner, or second opinion function to your surgical team.
• The operating surgeon retains full authority, responsibility, and decision-making power throughout the procedure and can perform the surgery independently without this Service.

3. Optional and Voluntary Usage

• Use of the Rods&Cones Service is optional and subject to your explicit consent.
• You are free to refuse or withdraw from using the Service at any time, without impact on the quality or availability of your medical treatment.

4. No Medical Advice or Clinical Responsibility

Rods&Cones and any associated Consultants:

• Do not provide medical treatment.
• Do not interfere with the physician-patient relationship.
• Do not make clinical decisions.
• The local surgical team bears full clinical responsibility for all medical decisions, actions, and outcomes.

5. Exclusion of Liability

To the maximum extent permitted by law:

• Rods&Cones, its employees, contractors, and the Consultant shall not be held liable for any direct or indirect consequence of the surgery or use of the Service.

You agree that no liability arises from:

• Misinterpretation of telepresence images/audio;
• Any advice or suggestion made by the Consultant;
• Any malfunction, delay, or interruption in the Service;
• Any decision made by your medical team, whether or not based on interactions with the Consultant.

This clause shall survive the termination or completion of the Service.

6. Privacy and Data Protection

• By opting into the Service, you consent to the real-time audio-visual streaming of your procedure to a Consultant.
• No recordings or personal identifiers will be stored unless you provide separate, explicit consent.
• Rods&Cones complies with GDPR and applicable health privacy laws (e.g., HIPAA) in handling data.

7. Technology Limitations

While every effort is made to ensure reliability and uptime, Rods&Cones does not guarantee:

• Continuous availability;
• Error-free operation;
• Compatibility with all hospital systems or procedures;
• Temporary interruptions may occur without prior notice.

8. Payment Terms

• The Service is charged per use and is not covered by standard hospital care packages or public insurance.
• Payment details, including cost per procedure and invoicing methods, will be made available prior to your consent.
• The Service may be cancelled up to 72 hours prior to surgery without incurring fees.

9. Termination of Use

Rods&Cones reserves the right to suspend or cancel access to the Service in case of:

• Technical limitations;
• Safety concerns;
• Non-compliance with these Terms.

10. Governing Law

• These Terms are governed by the laws of The Netherlands for Rods&Cones Sales BV;
• Any disputes shall be resolved by the competent courts of the corresponding jurisdiction.

11. Acknowledgment and Acceptance

By agreeing to use the Rods&Cones Telepresence Service, you acknowledge that:

• You understand the nature and limits of the Service;
• You accept the Service is optional and not part of essential surgical care;
• You release Rods&Cones and the Consultant from all liability related to your procedure.