Conditions of use
The following conditions in the version applicable at the time of use shall apply exclusively to the use of the OPHTEC calculator software to determine a lens power recommendation by OPHTEC BV.
1. Users of OPHTEC calculator
OPHTEC BV. provides access to the OPHTEC calculator free of charge exclusively to medical specialists ("users") for the purpose stated in Section 3 hereunder. The user shall not be entitled to use the IOL calculator in any other way, to manipulate the program or access the OPHTEC calculator in any other way than using the provided log-in. The user shall be obliged to protect the OPHTEC calculator from unauthorized access by third parties.
2. Personal account
You are required to provide an account and password to access the website. You agree to be fully responsible for all access, use and activities that occur under your account and password. You are solely responsible for maintaining the confidentiality of your account and password. You must NOT disclose your account and password to anyone. You must NOT leave any computer unattended while logged on the website. You agree to exit and log out from your account at the end of each session. The account and password must not be transferred from the person that it was issued to.
3. Conditions of use of the OPHTEC calculator
On the basis of biometric data previously determined and entered in the calculator by medical specialists, the OPHTEC calculator calculates a non-binding lens power recommendation.
The recommendation is based on median values for the population and may vary significantly from the individual case. Post-operative rotation of the IOL (e.g. due to capsulophimosis) and technical deviations are unforeseeable and cannot be taken into account. All recommendations are merely approximate values based on general experience and a proprietary calculation algorithm.
The correctness and accuracy of the biometric input data cannot be verified by the OPHTEC calculator. Warnings will signify atypical or improbably biometric input data, for which renewed and careful verification of all data is essential.
The user must ensure an uninterrupted, adequate Internet connection. A recommendation that is incomplete or has been rejected following an interruption, abortion, reboot or other failure in the Internet connection is invalid and must always be discarded.
4. Limited liability
The user assumes unlimited liability for unverified practical implementation of a recommendation displayed by the OPHTEC calculator, as well as for the validity of input data.
Unless specified to the contrary in the following, OPHTEC BV. accepts no liability for medical accuracy, integrity and feasibility of the recommendation. In particular no liability is assumed for direct, indirect or consequential damages such as possible post-operative refraction errors related to the recommendation.
Commensurate with the non-binding character of the recommendation, liability is assumed only for gross negligence on the part of OPHTEC BV.
5. Data protection
The user must comply with the data protection laws and anonymize data pertaining to patients. Patient data will not be stored and is not retrievable. It is recommended to print the results of the calculation and store it in the patient file.
6. Applicable law / Severability clause
This agreement is governed and interpreted in accordance with Dutch law. Should any provisions of this agreement be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. Any omissions shall be supplemented by new provisions which fulfill the original purpose of these conditions of use.