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Terms & Conditions

Welcome to RadClerk! We want you to know and understand your rights and our rights as defined below. Please review carefully. When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Privacy Notice, which covers how we collect, use, share, and store your personal information.

You agree that by registering or accessing or using our Services, you are agreeing to enter into a legally binding contract with Drsti (even if you are using our Services on behalf of a company). If you do not agree to this User Agreement, do not access or otherwise use any of our Services.

This RadClerk User Agreement (“Agreement”) is between Drsti, Inc., a Delaware corporation (“Drsti”) and you, the customer (“Customer” or “you”) who has accepted this Agreement.

This Agreement governs Customer’s access to, and use of, the RadClerk services provided by Drsti (“Services”). An “Order Form” is an order form or any similar document that Customer enters into with Drsti that is issued under and made subject to the terms of this Agreement. If the Services are procured through an online account creation or checkout flow through the website for the Services, the “Order Form” for such procurement is that online flow.

1. SERVICES. Customer may purchase services from Drsti by executing an Order Form. Subject to this Agreement and timely payment by Customer, Drsti will provide the Services to Customer in accordance with this Agreement, including any Order Forms. Other than the rights expressly specified in this Agreement, no other rights in the Services are granted to Customer.

2. SERVICE DETAILS.

2.1. Service Descriptions. Certain Services may be described in service descriptions on the website radclerk.com. Where a service is marked as “alpha,” “beta,” “pilot,” “evaluation,” “preview” or similar (“Evaluation Services”), the description of such service is indicative and provided for general information only, and does not legally bind Drsti to performing that service in the manner described.

2.2. Technical Services. If Customer requires implementation, technical, engineering or other services that are billed by Drsti on a time and materials basis (such as non-recurring engineering work) (“Technical Services”), Drsti will discuss and agree the scope of, and fees for, such Technical Services with Customer prior to commencing such services. Where fees for Technical Services are quoted by Drsti on an estimated basis: (a) such estimate is not a cap on fees and Customer will be liable to pay all fees actually incurred; and (b) fees for such services will be invoiced in arrears, unless otherwise specified on an Order Form.

2.3. Users. Customer may authorize individual users to use the Services (“Users”). Customer is responsible for its Users’ compliance with this Agreement. Users may not share user accounts or user account access credentials. 

3. SOFTWARE. Drsti may make certain software applications or components available to Customer for download as part of the Services, including via app stores and other channels (the “Software”). Unless expressly stated otherwise at the time of download or as otherwise agreed by Drsti, the Software may only be used as a part of the Services. Drsti grants to Customer a limited non-exclusive, non-transferable, non-sublicensable license to install, use and copy, during the term of this Agreement, the Software solely as necessary to enable Customer’s and its Users’ use of the Services. Other than the rights expressly specified in this Agreement, no other rights in the Software are granted to Customer.

4. TERM AND TERMINATION.

4.1. Term of Subscriptions. Services provided to Customer on a subscription basis (“subscriptions”) will be provided for the duration specified on the Order Form for that subscription (“Subscription Term”). Unless otherwise agreed on an Order Form, each of Customer’s subscriptions will automatically renew for periods equal to the specified periodicity of the subscription plan (such as monthly or annual), until either party provides written notice of non-renewal to the other party at least 30 days prior to a renewal date.

4.2. Term of Agreement. Unless otherwise specified on an Order Form, this Agreement commences on the date on which it is executed or otherwise accepted by Customer, and continues until the earlier of: (a) the date on which all Order Forms have been terminated or completed; and (b) the date on which this Agreement is terminated.

4.3. Termination for Cause. A party may terminate this Agreement or any Order Form for cause upon written notice: (a) if 30 days have elapsed following written notice to the other party of its material breach of this Agreement (including a failure to timely pay Fees) and such breach remains uncured at the end of such 30 day period; or (b) if the other party ceases its business operations or becomes the subject of a petition in bankruptcy or any other proceeding relating to winding up, insolvency, receivership, administration, liquidation, examinership, assignment for the benefit of creditors, or other similar process.

4.4. Consequences of Termination. (a) Upon any termination of this Agreement or an Order Form, Customer will remain liable to pay any fees accrued prior to the effective date of termination of the terminated Services. (b) Upon termination of this Agreement, all Order Forms will also immediately terminate. (c) If this Agreement or an Order Form is terminated by Customer due to Drsti’s material breach, Drsti will refund to Customer any unused fees that Customer has prepaid for the applicable terminated Services. (d) If this Agreement or an Order Form is terminated by Drsti for Customer’s material breach, Customer will pay any unpaid fees covering the remainder of the Subscription Term of the applicable terminated Services, had they not been terminated for material breach. (e) Within 5 days after termination, Customer will delete all copies of the Software and any Confidential Information provided to Customer and, upon Drsti’s request, confirm in writing that they have been deleted.

4.5. Suspension. Drsti may suspend the provision of Services: (a) if Drsti determines that Customer has breached this Agreement (including for non-payment); (b) for scheduled or emergency maintenance of the Services; (c) to address any emergency security concerns with the Services or to avoid or mitigate material harm to Drsti or its customers due to factors outside of Drsti’s control, such as denial of service attacks or abusive use of the Services by customers. Suspensions will be limited to the minimum amount of time necessary to redress or resolve the reason for such suspension.

4.5. Survival. Sections 4-14 of this Agreement will survive termination of this Agreement.

5. FEES AND PAYMENT.

5.1. Fees. Customer will pay to Drsti all fees for the Services when due. Except as otherwise specified in this Agreement or prohibited by applicable law, payment obligations are non-cancelable and fees paid are not refundable (including for any unused portion of a Subscription Term).

5.2. Payment Terms. Unless otherwise specified on an Order Form, the following payment terms will apply to the Services:

  1. invoices are due upon receipt; and
  2. fees will be invoiced in advance and in full by Drsti upon execution of the applicable Order Form and upon renewal.

5.3. Overdue Payments. All past due payments not subject to a bona fide dispute may accrue interest at 1.0% per month, or the maximum rate allowed under applicable law, whichever is lower.

5.4. Taxes. Unless otherwise stated, Drsti’s fees do not include any taxes, levies or duties of any nature, including value-added, sales, use, or withholding taxes, or similar government fees or taxes assessable in any jurisdiction (collectively, “Taxes”). Customer is responsible for paying any Taxes associated with Customer’s purchases under this Agreement, except for those assessable against Drsti based on Drsti’s income, property, or employees. If Drsti has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, Drsti will invoice Customer and Customer will pay that amount unless Customer provides Drsti with a valid tax exemption certificate authorized by the appropriate taxing authority.

5.5. Card Payments. If Customer authorizes Drsti to bill Customer’s credit or debit card (“Payment Card”) to pay for fees under this Agreement, Customer: (a) represents that it is authorized to use such Payment Card; (b) authorizes Drsti to charge Customer’s Payment Card on a periodic basis for the fees when due, including upon commencement of the Services and upon renewal; (c) agrees to keep its Payment Card details valid and current; and (d) agrees to pay any processing fees that are charged by third-party payment processors or Payment Card issuers. If Customer’s Payment Card is declined when Drsti attempts to charge it, Drsti may try to charge it again at a later time. If Drsti does not receive timely payment, Drsti may suspend or terminate the Services.

6. RESTRICTIONS; CONFIDENTIALITY. Customer acknowledges that the Services (including the Software) contain confidential information and trade secrets of Drsti and its licensors. Customer will not, and Customer will ensure its Users will not: (a) copy (except as strictly necessary to use the Software in accordance with this Agreement), distribute, sell, sublicense or otherwise transfer or make available the Services, the Software or any portion thereof to any third party; (b) remove from view any copyright legend, trademark or confidentiality notice appearing on the Software; (c) modify, adapt, translate, reverse engineer, decompile or derive the source code for the Software, or authorize a third party to do any of the foregoing, except to the extent that such restriction is expressly prohibited by applicable law. Customer will reproduce all of Drsti’s and its licensors’ copyright notices and any other proprietary rights notices on all copies of the Software that Customer makes hereunder.

Customer may not disclose to any third party (without the prior written approval of Drsti), the Services or the Software, their features, feedback about the Services, related technical information, the terms of this Agreement, or any other information provided by Drsti that would reasonably be regarded as confidential or specifically identified as confidential, or the results of any performance or functional evaluation or test of the Software (the “Confidential Information”). Customer may disclose Confidential Information only to those of its employees, contractors, and Users who have a bona fide need to know such information to use the Services and who have been directed to comply with the use and nondisclosure restrictions set forth in this Section. Customer will use no less than all reasonable efforts to protect the Confidential Information from unauthorized access, use or disclosure. Customer will immediately report any breach of this provision to Drsti that Customer becomes aware of and shall employ all reasonable means to mitigate any damages or losses that Drsti may incur as a result of any such violation.

7. PROPRIETARY RIGHTS. As between Customer and Drsti: (a) Drsti retains sole ownership of all intellectual property rights in the Services and the Software and other technology used to provide the Services; and (b) Customer retains sole ownership of all intellectual property rights in any data that Customer and its Users provide to Drsti in the course of using the Services (“User Data”). Customer grants Drsti a perpetual, irrevocable, worldwide, sublicensable right to retain, use, copy, distribute, and publish the User Data for any purpose, provided such purpose is in compliance with applicable law. All intellectual property rights in any modifications, enhancements, or improvements made to the Services in the course of Drsti providing Technical Services will be owned exclusively by Drsti.

8. WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE SOFTWARE ARE PROVIDED “AS-IS.” DRSTI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE IN TRADE.

9. EVALUATION SERVICES. Customer acknowledges that any Evaluation Services are provided for testing and evaluation purposes only and that Customer uses the Evaluation Services at its own risk. Customer acknowledges and agrees that: (a) neither the Evaluation Services nor the Software associated with such services have been commercially released by Drsti; (b) the Evaluation Services may not operate properly, be in final form or fully functional; (c) the Evaluation Services may contain errors, design flaws or other problems; (d) it may not be possible to make the Evaluation Services fully functional; (e) the information obtained using the Evaluation Services may not be accurate; (f) use of the Evaluation Services may result in unexpected results, loss of data or communications, project delays or other unpredictable damage or loss; (g) Drsti is under no obligation to release a commercial version of the Evaluation Services; and (h) Drsti has the right to unilaterally abandon development of the Evaluation Services, at any time and without any obligation or liability to Customer. Customer acknowledges and agrees that it should not rely on the Evaluation Services for any reason. Customer is solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Evaluation Services. Customer will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of its use of the Evaluation Services.

10. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF DRSTI AND ITS AFFILIATES TO CUSTOMER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SOFTWARE, OR FOR ANY ERROR OR DEFECT IN THE SOFTWARE, OR DATA SECURITY BREACH RELATING TO USER DATA, OR FOR THE PROVISION OF TECHNICAL SUPPORT, INSTALLATION, TRAINING OR OTHER SERVICES IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AGGREGATE AMOUNT OF ANY FEES PAID TO DRSTI HEREUNDER IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRSTI OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS REVENUE, OR DATA CORRUPTION OR LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISK AGREED TO BY THE PARTIES. THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

11. HIPAA. Customer acknowledges that the Services have not been designed to comply with or permit compliance with HIPAA (defined below) and Customer may not submit “protected health information” (as defined by HIPAA) (“PHI”) to Drsti using the Services or otherwise. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-005 (in each case, as amended and supplemented). Customer will defend, indemnify, and hold harmless Drsti and its officers, directors, employees, affiliates and agents from and against any liabilities, damages and expenses (including reasonable attorneys' fees and settlement costs) arising out of a claim by a third party in connection with the provision of PHI by Customer or its users to Drsti.

12. FEEDBACK. Customer will provide feedback to Drsti as reasonably requested concerning the features, functionality, and performance of the Services and the Software. If Customer provides feedback to Drsti, all such feedback will be the sole and exclusive property of Drsti. Customer hereby irrevocably transfers and assigns to Drsti and agrees to irrevocably assign and transfer to Drsti all of Customer’s right, title, and interest in and to all feedback including all intellectual property rights therein (collectively, “Feedback IP”). Customer will not earn or acquire any rights in the Services or licenses in the Software or in any Feedback IP by virtue of this Agreement or Customer’s performance under this Agreement, even if Drsti incorporates any of Customer’s feedback into the Services or the Software.

13. FORCE MAJEURE. Neither party will be liable for inadequate performance to the extent caused by events beyond the reasonable control of that party, including denial of service attacks, systemic electrical, telecommunications or other utility failures, embargoes, strikes, riots, pandemics, epidemics, natural disasters, acts of God, war, terrorism, and governmental action (“Force Majeure Event”). If inadequate performance on account of a Force Majeure Event continues beyond a continuous period of 30 days, then either party shall have the right to terminate this Agreement upon 30 days’ notice to the other party.

14. GENERAL. (a) Customer may not assign or otherwise transfer, by operation of law or otherwise, any of its rights under this Agreement without Drsti’s prior written consent, and any attempted assignment without such consent will be void. (b) Drsti may assign this Agreement without Customer’s written consent. (c) This Agreement (including any Order Forms) constitutes the entire agreement between the parties and supersedes any and all prior and contemporaneous agreements, communications and understandings with respect to the evaluation of the Services. (d) This Agreement shall be governed by the laws of the State of California (excluding its conflict of law rules). Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal courts located in the Northern District of California or state courts located in San Mateo County, California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. (e) If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of this Agreement will remain in full force and effect. (f) The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default. (g) All notices required or permitted under this Agreement must be in writing. (h) In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form, (2) this Agreement. (i) This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original and all of which taken together will comprise a single instrument.  This Agreement may be delivered by electronic document format (e.g. PDF), and electronic copies of executed signature pages will be binding as originals. (j) Drsti may amend this Agreement from time to time in accordance with this clause. If an amendment materially and adversely alters Customer’s rights as determined by Drsti in its sole discretion, Drsti will use reasonable efforts to provide written notice to Customer prior to the change becoming effective, such as by emailing Customer or by messaging Customer through the Services. Any material adverse changes to this Agreement will become effective on the date set forth in such notice and, unless otherwise specified, all other changes will become effective upon posting on the website for the RadClerk Services. The most current version of this Agreement for the Services will be posted on such website. If Customer does not wish to agree to any changes made to this Agreement, Customer should stop using the Services and notify Drsti, because by continuing to use the Services after the date the changes become effective, Customer indicates its agreement to be bound by the updated Agreement.

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By using these services, the Customer agrees to be bound by the terms of this Agreement.

Accreditation

Activity Name

RadClerk

Course Director and Reviewer

Lakshminarayan Srinivasan, MD, PhD, Course Director and Reviewer, Division of Medical Education, Drsti, Inc.

Activity Goal

To foster clinical knowledge, critical thinking, application skills, and lifelong learning across medical specialties, equipping healthcare professionals to deliver better patient care and advance their professional competency.

Target Audience

Healthcare learners such as medical students, radiology technologists, physician assistants, nurse practitioners, and nurse anesthetists.

Learner Objectives / Outcomes

Upon completion of a RadClerk educational activity, learners will be able to:

  1. Interpret and report imaging and ultrasound findings, providing an informed initial read.
  2. Describe key imaging or POCUS features, including relevant abnormalities or notable findings.
  3. Recognize common artifacts, pitfalls, or errors in interpretation and apply strategies to mitigate them.

Learner Permission, Data, and Reports

  • Institutional subscribers / purchasers: Completion data and learner progress reports may be shared with the subscribing institution (e.g. hospital, training center) under the terms of their subscription agreement.
  • Individual (self-pay) subscribers: Personal data, scores, and progress are kept confidential and are not shared with third parties in identifiable form. 
  • State / specialty body reporting: For learners enrolled in the AANA-accredited program, RadClerk will share required data with the American Association of Nurse Anesthesiology (AANA) in compliance with their accreditation requirements.
Public Reporting of Aggregated, Anonymized Data

RadClerk may publish reports based on aggregated learner data (i.e., anonymized, non-identifiable summaries) to demonstrate program outcomes, trends, and success metrics. Individual learner identities or personal results will never be disclosed in those reports.

Commercial Support

There is no commercial support for this activity.

Faculty Disclosures

All faculty including course directors, planning committee members, and others in a position to control the content of an educational activity are required to disclose any financial relationships with an ACCME-defined ineligible company. The ACCME defines an ineligible company as any entity whose primary business is producing, marketing, selling, re-selling, or distributing healthcare products used by or on patients. Financial relationships are relevant if the following three conditions are met for the individual who will control content of the education: 1) A financial relationship, in any amount, exists between the person in control of content and an ineligible company, 2) The financial relationship existed during the past 24 months, and 3) The content of the education is related to the products of an ineligible company with whom the person has a financial relationship. The following individuals have no relevant financial relationship to report in the past 24 months with an ACCME-defined ineligible company.

  • Drsti, Inc./RadClerk: Lakshminarayan Srinivasan, MD, PhD
AANA Accreditation Statement

Applicable only to the following program: 
Perioperative Radiography for CRNAs Surviving the Shift: Crash Course + 60 Nightmare Cases

This program has been prior approved by the American Association of Nurse Anesthesiology for 70 Class A CE credits; Code Number 1046153; Expiration Date 9/17/2028.

Requirements for Successful Completion

To receive credit or a certificate, participants must complete all required modules, pass any assessments or evaluations, and complete the post-activity evaluation (if applicable). Partial credit may not be awarded unless explicitly permitted in program documentation.

Contact Information

For questions about credits, data policy, or support, please contact: support@radclerk.com

See Also: Privacy Notice