Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PURCHASING OR USING SONO 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
Binding agreement between you and ScalarMetrics, an independent software developer distributing the App worldwide through Google Play; incorporates the Privacy Policy by reference; organisational users must have authority to bind their organisation.
2. Description of the App
Offline reference/calculation tool: you manually enter measurement values and patient context; the App applies published formulas/reference ranges/classification rules to produce volumes, ratios, indices, z-scores, percentiles, estimated GA, and severity grades with explanatory text and citations. Does not connect to any ultrasound machine, does not display/store images, does not store entered values. A calculator/reference library, not a diagnostic system.
3. Eligibility and Intended Users
Must be 18+; intended for qualified healthcare professionals, trainees under supervision, students, educators, researchers, not for public self-diagnosis/self-treatment.
4. Research, Educational and Reference Use Only, Not a Medical Device
Not clinically validated, no regulatory clearance/approval/marking/registration anywhere (including FDA or EU). Must not be sole/primary basis for diagnosis, screening, triage, prognosis, treatment, patient care, or pregnancy management. All outputs are approximations that may contain errors; every output must be independently verified; reliance is entirely at your own risk.
5. No Professional Relationship; No Medical Advice
No physician-patient or other professional/fiduciary relationship created; ScalarMetrics does not practise medicine/sonography/nursing; not a substitute for a qualified professional’s independent judgment.
6. Purchase, Price and Refunds
Paid, one-time purchase exclusively via Google Play; Google is merchant of record for currency/tax/payment. All refunds go through Google Play’s policy; otherwise purchases are final and non-refundable (subject to non-waivable consumer rights). ScalarMetrics may change future pricing; no current in-app purchases/subscriptions/ads; future paid features get separate terms.
7. Licence Grant
Limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence tied to the purchasing Google account and devices you own/control, for lawful research/educational/professional reference use. Licensed not sold; no ownership conveyed; single purchase doesn’t authorise institutional/multi-user deployment without separate written agreement.
8. Restrictions on Use
You agree NOT to:
- Use the App as sole/primary basis for clinical decisions
- Cause harm; enter/store patient-identifying information
- Represent outputs as diagnoses/clearances/professional opinions
- Include unverified output in medical records/reports without independent verification
- Violate licensing/scope-of-practice rules
- Reverse engineer/decompile/extract source, formulas, or data compilations
- Copy/modify/translate/create derivatives
- Distribute/sublicense/sell/share/multi-device the App
- Remove proprietary notices
- Build competing products/datasets
- Violate law/third-party rights
- Circumvent Google Play licensing/integrity checks
9. Accuracy, Third-Party Sources, Translations and Units
No guarantee that cited sources remain current/complete/error-free or applicable to your population/equipment; translations are convenience-only (English prevails); you must confirm units and verify every output against current guidance.
10. Updates, Availability and Discontinuation
ScalarMetrics may (not obliged to) release updates; may add/remove/change content and behaviour; may condition continued use on updating; may modify/suspend/discontinue the App or its availability in any country anytime without liability (subject to non-waivable consumer rights); no maintenance/support/compatibility obligation.
11. Intellectual Property
App content, design, trademarks, source code, algorithms, texts, translations, and reference-data compilation are ScalarMetrics’ exclusive property, protected by copyright/trademark/database law and international treaties; underlying scientific facts/formulas remain their original authors’/publishers’ property; no rights granted beyond the Section 7 licence.
12. Feedback
Any feedback you send grants ScalarMetrics a perpetual, irrevocable, worldwide, royalty-free licence to use it without compensation; you warrant feedback contains no patient-identifying or third-party confidential material.
13. User Responsibilities and Compliance
You are solely responsible for complying with all applicable laws/regulations/professional standards, including HIPAA, GDPR, PIPEDA, and institutional/review-board requirements for any patient-related or research use; you warrant lawful use.
14. Export Control and Sanctions Compliance
You warrant you’re not in/from an embargoed country/region, not on any sanctions list, and won’t violate export-control/sanctions law.
15. Disclaimer of Warranties
“AS IS”/“AS AVAILABLE”; disclaims merchantability, fitness, accuracy, completeness, reliability, currency, non-infringement; no warranty of uninterrupted/error-free operation or correctness of any output; some jurisdictions may not allow these exclusions.
16. Limitation of Liability
No liability for indirect/incidental/special/consequential/punitive damages, personal injury/death, misdiagnosis, delayed treatment, or professional-liability claims arising from use, errors, reliance on output, unauthorized device access, or discontinuation; total aggregate liability capped at the price paid to Google Play; carve-out for non-waivable mandatory law.
17. Indemnification
You indemnify ScalarMetrics against claims/damages/costs (incl. attorneys’ fees) arising from your use, breach of Terms, violation of law/third-party rights, harm claims from your use of App output, or third-party reliance on information you gave them; ScalarMetrics may assume defence at your expense; survives termination.
18. Assumption of Risk
Use is at your sole risk; you assume all risk that any formula/threshold/range/translation is outdated, mis-transcribed, or inapplicable; no output may be relied on alone for a health decision.
19. Force Majeure
No liability for failure/delay/unavailability caused by acts of God, disaster, epidemic, war, unrest, labour dispute, Google Play/Android platform failure or policy/API changes, utility failure, or government action.
20. Relationship of the Parties
No partnership/joint venture/employment/agency created; neither party can bind the other.
21. Assignment
ScalarMetrics may assign/transfer Terms anytime without notice (e.g., merger/acquisition/ sale); you may not assign without prior written consent.
22. Termination
ScalarMetrics may terminate your licence anytime for breach without notice; you terminate by deleting the App; no refund owed beyond Google Play’s policy/mandatory law; survival clauses listed (ownership, warranty disclaimers, indemnification, risk assumption, liability limits, dispute resolution).
23. Modifications to Terms
May be modified anytime; effective upon inclusion in an installed update; continued use means acceptance; disagreement’s only remedy is to stop using/delete the App.
24. Governing Law and Dispute Resolution
Governed by laws applicable to ScalarMetrics as a company (no CISG), except where your local mandatory consumer law entitles you to your own law/courts. Requires 30-day good-faith informal resolution notice before any proceeding. One-year limitation period on causes of action (to the extent permitted by law).
25. Waiver of Class Actions
Individual-basis dispute resolution only, no class/collective/consolidated/representative actions (to the extent permitted by law).
26. Severability
Invalid provisions modified/severed; remainder stays in force.
27. Entire Agreement; Waiver; Language
Terms + Privacy Policy = entire agreement, superseding prior representations/marketing/store listings; no implied waivers; English text prevails over translations.
28. Google Play, Additional Terms
Applies to copies obtained via Google Play, currently the only channel:
- 28.1 Acknowledgement: agreement is with ScalarMetrics, not Google
- 28.2 Scope of Licence: limited to devices per Google Play Terms
- 28.3 Payment and Refunds: processed/refunded by Google under its own policies
- 28.4 Maintenance and Support: ScalarMetrics’ responsibility, not Google’s
- 28.5 Warranty: ScalarMetrics’ responsibility, not Google’s
- 28.6 Product Claims: ScalarMetrics, not Google, addresses product/consumer-protection claims
- 28.7 Third-Party Beneficiary: Google can enforce these Terms against you
29. Notices and Contact
ScalarMetrics
Diego Palma 158, San Isidro CP1642, Argentina
Phone: +54 11 7005 3522
scalarmetricsdev@gmail.com