Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of Falcon Patients, including the Falcon Patients application, Falcon Cloud, account services, storage, synchronisation, transfer, sharing, import, export, viewing and related services (together, the “Service”).

The Service is provided by:

iCat Solutions Ltd
Company number: 08680808
The Union Building
51–59 Rose Lane
Norwich NR1 1BY
United Kingdom

Email: info@icat.solutions

“Falcon”, “iCat”, “we”, “us” and “our” mean iCat Solutions Ltd. “You” and “your” mean the account holder or person using the Service. A “Person Concerned” means the individual to whom medical information relates.

Falcon Patients can be used locally on a compatible device without enabling Falcon Cloud. Falcon Cloud is an optional additional cloud feature. You do not have to create a Falcon Cloud account in order to continue using local-only functionality that is otherwise available in Falcon Patients.

Falcon Patients may be offered in multiple countries. These Terms describe the worldwide service, but mandatory rights in a user’s country continue to apply.

If you choose to create a Falcon Cloud account, you accept these Terms, including the Falcon Cloud participation and medical-data provisions below. There is no separate contribution choice within Falcon Cloud under this model. If you do not agree to that model, do not enable Falcon Cloud; local functionality remains available.

Nothing in these Terms excludes or limits rights that cannot lawfully be excluded or limited.

Falcon Patients is intended to allow individuals to receive, import, organise, store, access, view, synchronise, download and share medical images and related information.

Available functionality may include:

• local storage on compatible devices;
• Falcon Cloud storage;
• DICOM and supported-file import and export;
• synchronisation between supported devices;
• sharing and transfer functions;
• profiles for the account holder and other people they are lawfully authorised to assist;
• additional cloud storage or transfer capacity available for purchase; and
• other functionality introduced from time to time.

Features may vary by device, operating system, territory, version and plan.

Falcon Cloud is an optional benefit attached to the Falcon Patients service. The local application remains available without Falcon Cloud, subject to the local features applicable to the relevant product version.

Falcon Cloud is offered on a participation basis.

If you enable Falcon Cloud:

1. we process the identifiable medical information covered by your cloud permission to provide storage, synchronisation, retrieval, security and sharing;
2. where eligible, we may make separate working copies of covered information for the specific purpose of creating genuinely anonymised information; and
3. once a copy has been genuinely anonymised so that it is no longer personal information under the applicable legal standard, we may retain and use that anonymous information independently as described in these Terms and the Privacy Policy.

Falcon Cloud is not offered as a cloud-storage-only option under these Terms. If you do not wish to participate in the anonymisation processing described here, you may decline Falcon Cloud and continue using Falcon Patients locally.

By accepting these Terms when creating a Falcon Cloud account, you authorise the processing of your own eligible health information for the cloud functions and the creation of anonymous copies described here. The Privacy Policy describes that processing. These Terms do not establish authority over another competent adult’s records.

Health-data statement included in the single Terms acceptance: “I explicitly agree that iCat Solutions Ltd may process medical images, reports and related health information about me that I upload or receive through Falcon Cloud to provide the cloud service and to create genuinely anonymised copies for the worldwide research, AI, licensing, sale, marketing and other commercial uses described in sections 22–25. I understand that I can withdraw permission for future identifiable processing by contacting iCat, but genuinely anonymous copies already created may remain in use after I withdraw or delete my originals.”

You must be at least 18 years old and legally capable of entering into these Terms to create a Falcon Cloud account.

You must provide accurate account information and keep contact information reasonably up to date.

An adult may manage information relating to a child, dependant or another person only where the adult has the lawful authority required for the relevant activity.

Falcon Patients is intended primarily for personal and household use.

Unless we expressly agree otherwise in writing, Falcon Patients is not licensed for:

• institutional PACS use;
• hospital or clinic archiving;
• operation of a medical practice;
• professional diagnostic reporting;
• commercial medical-image hosting;
• radiology workflow management;
• storage of unrelated patients’ records in a professional capacity; or
• use as an institutional medical-record system.

Healthcare professionals may use Falcon Patients personally, but a consumer account does not become a professional or institutional system merely because the account holder is a healthcare professional.

You are responsible for taking reasonable steps to protect your devices, account and authentication credentials.

Notify us promptly if you believe your account has been compromised, credentials have been disclosed, or information has been accessed or shared without authority.

We may require additional authentication or temporarily restrict access where reasonably necessary for security, legal compliance or investigation of suspected misuse.

Whenever you upload, receive, store, access, synchronise, share or otherwise manage medical information through Falcon Patients, you confirm that you have the rights, permissions and legal authority required for that activity.

Possessing a medical image, disc, file, download link or device does not by itself establish authority.

If information relates to another competent adult, you must have their informed, explicit permission where required, or legal authority to give the relevant permission on their behalf. Your authority must cover the actual processing described in these Terms, and you must be able to demonstrate it if reasonably requested.

Where you act for a child or a person who cannot make the relevant decision, your authority must legally extend to the particular activity.

Our routine process records your declaration of authority; it does not independently verify the underlying permission or legal authority. We may request proportionate supporting information if an authority concern arises and restrict affected processing while it is resolved. A declaration does not create authority or remove Falcon’s own legal responsibilities.

A family relationship, profile name or account label does not by itself establish authority.

Falcon Cloud permission is person-specific. Before another person’s records are uploaded, you must make a separate declaration identifying that person and confirming that you are authorised to give the permissions in these Terms on their behalf.

The declaration covers cloud service processing, sharing you request within that authority, and creating genuinely anonymous copies for the uses described in sections 22–25. Those uses include research, AI development, education, marketing, licensing and sale. Genuinely anonymous copies created before effective withdrawal or deletion may remain in use as described in section 17.

Authority declaration: “I confirm that I am legally authorised to give the permissions described in these Terms on behalf of the person identified in this declaration, including Falcon Cloud processing and the creation and use of genuinely anonymous copies as explained above.”

You must make the Privacy Policy and relevant Terms available to the person concerned where appropriate. Where that person’s explicit consent is required, you must have obtained it for the stated processing and be able to demonstrate it. A recorded declaration is your statement; Falcon does not routinely verify it independently, and it does not substitute for consent or authority required by law.

A valid standing declaration may cover current and future studies about the same person within its stated scope while the underlying authority remains valid. You do not need to repeat the same unchanged declaration for every later study. It does not cover another person merely because you place that person’s study under the same profile.

If the necessary authority is missing, withdrawn or unresolved following a query or dispute, you must not make further affected cloud uploads, and the records are excluded from new anonymisation processing. Those records may remain local only where you are lawfully entitled to retain them. Stop affected uploads and notify us if the authority ends or the relevant permission is withdrawn. Section 16 governs withdrawal and the handling of existing cloud copies.

For a child or a person unable to make the relevant decision, parental responsibility, guardianship or another representative role must extend to the specific processing. The declaration does not enlarge that authority, including for independent commercial anonymisation uses.

Your ordinary Falcon Cloud acceptance does not give permission for medical information about another person.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to use Falcon Patients on compatible devices you own or control and in accordance with applicable app-store usage rules.

The application is licensed, not sold.

Except where applicable law expressly permits, you must not:

• copy or redistribute proprietary Falcon software;
• rent, lease, sublicense or resell it;
• reverse engineer, decompile or disassemble it;
• bypass technical restrictions or security measures;
• access proprietary source code;
• interfere with the Service; or
• use the Service to conduct unlawful automated extraction or attack.

Falcon Patients does not provide medical advice and is not a healthcare professional.

Unless a particular feature is expressly identified and lawfully authorised for a specific medical purpose, Falcon Patients is not intended to:

• diagnose disease;
• replace a radiologist or physician;
• determine treatment;
• provide emergency advice; or
• replace consultation with an appropriately qualified healthcare professional.

Displaying a medical image or report does not mean Falcon has interpreted or clinically verified it.

Do not use Falcon Patients as an emergency medical service or as the only means of obtaining information needed for urgent treatment.

Do not delay medical care because Falcon Patients is unavailable, information has not synchronised, a transfer has failed, or a study appears incomplete.

Medical information may originate from users, healthcare organisations, imaging equipment and third-party systems.

We do not independently verify the accuracy, completeness, clinical interpretation, patient attribution or currency of every item received from those sources.

DICOM implementations vary. We do not guarantee support for every object, encoding, private tag, compression format or non-standard implementation.

These limitations do not remove obligations that applicable law places on us.

Creating a Falcon Cloud account is the single activation event for Falcon Cloud.

Before account creation, these Terms and the Privacy Policy must be available and the account holder must affirmatively accept these Terms. The accepted version and time must be recorded. No additional in-app contribution switch is offered under this model. For another person’s records, the underlying permission or legal authority must exist and the declaration in section 8 must be recorded before those records are uploaded.

Only after account creation and the recorded acceptance may eligible studies within the authorised scope begin uploading automatically. Later studies within that scope may upload automatically without another alert for each study.

Falcon Cloud may provide a free storage allowance, ordinary personal sharing and ordinary user-initiated downloads or egress.

The actual allowance and limits are displayed in the Service.

Free storage and egress do not mean unlimited infrastructure resources. We may apply reasonable security, rate, concurrency, bandwidth and anti-abuse controls.

We will not use those controls to unreasonably prevent an ordinary user from retrieving information they are entitled to retrieve.

Additional Falcon Cloud storage or transfer capacity may be purchased where offered.

Purchasing additional capacity does not change the Falcon Cloud participation model or create a separate storage-only plan. These Terms continue to govern while Falcon Cloud remains enabled.

Prices, billing periods, renewal terms and capacity are displayed before purchase.

Purchases may be processed by Apple or another payment provider, whose payment and refund procedures may also apply. Section 16 explains how ending Cloud participation affects billing, subscription renewal and refund requests.

You may withdraw permission for future identifiable Falcon Cloud participation by emailing info@icat.solutions or writing to our postal address in section 39. We will also honour another legally valid withdrawal request received by us.

Because Falcon Cloud is provided on the participation basis described above, withdrawal from that processing ends your eligibility to continue using Falcon Cloud under these Terms.

When an effective withdrawal is received:

• we stop new uploads covered by the withdrawn permission;
• we stop new identifiable anonymisation work based on that permission;
• we cancel affected pending preparation jobs;
• we provide a reasonable period, normally 30 days, to retrieve cloud originals unless a shorter period is legally required or a serious security/legal issue requires different handling; and
• after that period, cloud originals are deleted in accordance with the Privacy Policy, subject to lawful retention and backup procedures.

Withdrawal does not remove local-only functionality in Falcon Patients.

Where iCat directly controls billing, we stop future subscription renewals when your Falcon Cloud participation ends. We do not retain payment for an unused future prepaid period solely because you withdrew permission; an appropriate pro-rata refund is made subject to applicable law.

For subscriptions purchased through Apple, withdrawing permission or deleting your Falcon account does not automatically cancel the subscription. Apple billing may continue until you cancel renewal through Apple subscription settings. Requests to refund Apple purchases follow Apple's refund process. Mandatory consumer rights and iCat's obligations under applicable law remain unaffected.

For another app store or payment platform, use that provider's cancellation and refund process where it controls those actions.

Cancelling subscription renewal and withdrawing health-data permission are separate actions. Cancelling renewal does not by itself withdraw that permission. We do not make withdrawal or deletion conditional on completing subscription cancellation or obtaining a refund.

Withdrawal operates prospectively.

It does not make earlier lawful processing unlawful.

If a copy was genuinely anonymised before the effective withdrawal and can no longer reasonably be linked to an identified or identifiable person under the applicable standard, that anonymous copy may continue to be retained and used as described in these Terms.

Deleting a study, permanently deleting its identifiable original from our active systems, closing the account or withdrawing permission for future processing does not delete or restrict a separate copy that was already genuinely anonymised before that event. Falcon may retain, analyse, combine, reproduce, license, sell, display and otherwise use that anonymous copy for the purposes in sections 23–25, even when the original no longer exists on the user’s device or our servers. Falcon does not need to keep an identifiable original to use the anonymous copy.

This does not allow Falcon to retain an identifiable research copy indefinitely, or to anonymise a still-identifiable copy after effective withdrawal or deletion solely to avoid the request. Copies not genuinely anonymous remain subject to applicable personal-data rights and retention limits.

We do not carry out fresh optional anonymisation after withdrawal merely to place information outside a deletion request.

Retain an independent copy of important medical images and reports.

Falcon Cloud is a personal cloud access and convenience service. Unless we expressly agree otherwise in writing, it is not:

• a hospital PACS archive;
• a statutory medical-record repository;
• an institutional disaster-recovery service; or
• a guaranteed permanent backup.

Do not destroy your only independent copy because information has been uploaded to Falcon Cloud.

We may use replication, backups and disaster-recovery systems for operational resilience.

Backups are not an individual archival service and we do not promise that every deleted or corrupted item can be restored individually.

Deletion from active systems may precede deletion from restricted backup copies. Backup retention is described in the Privacy Policy.

When you delete a study or account, remaining identifiable copies awaiting our next cleanup cycle are normally removed within 30 days, including restricted backups, unless a lawful retention exception applies. Genuinely anonymous copies already created remain separate and may be kept for as long as Falcon chooses, as described in section 17.

The Service is provided subject to the care and skill required by applicable law.

We do not promise uninterrupted availability, a particular uptime percentage, immediate synchronisation, universal geographic availability or compatibility with every future operating-system release.

Maintenance, security actions, network failures, software defects, hardware failures, cloud-provider outages, cyberattacks and circumstances outside our reasonable control may affect availability.

We may change the Service for genuine security, legal, technical or product reasons. Mandatory consumer rights remain unaffected.

Your identifiable medical records remain subject to applicable privacy law and the Privacy Policy.

Using Falcon Patients does not transfer ownership of your identifiable medical records to Falcon.

To the extent you can lawfully grant them, you give Falcon the rights reasonably necessary to receive, host, encrypt, copy, organise, synchronise, display, transmit, retrieve and delete identifiable information for the Falcon Cloud functions you request.

The Falcon Cloud participation provision in these Terms describes the identifiable processing undertaken specifically to create anonymous copies.

“Anonymised Data” means information that has been processed so that it satisfies the applicable legal standard for information that cannot reasonably be linked to an identified or identifiable person in the relevant context.

Removing a name, patient ID or account identifier alone is not enough.

The anonymisation process may include removal, transformation or other treatment of:

• names and patient identifiers;
• medical-record and accession numbers;
• dates and unique identifiers;
• institution and healthcare-professional information where appropriate;
• private DICOM attributes;
• free text;
• identifying information embedded in pixels;
• overlays;
• recognisable facial or other visual characteristics; and
• other information that could reasonably contribute to identification.

Information that remains reasonably linkable to a person is not treated as Anonymised Data under these provisions.

The specific purpose of the identifiable-data processing described in these Terms is to create genuinely anonymous copies and anonymous derived information for Falcon’s independent commercial and non-commercial use.

That purpose includes creating an anonymous information asset that Falcon may use itself or make available to others after genuine anonymisation.

Possible downstream uses include:

• scientific, medical, technical and statistical research;
• software and product development;
• medical-technology development;
• artificial-intelligence and machine-learning development, training, fine-tuning, testing, validation and benchmarking;
• creation, combination and analysis of datasets;
• medical and anatomical education;
• visual and digital content;
• publications;
• demonstrations;
• marketing, advertising, product communications and public demonstrations, including websites, app-store materials, social media, conferences, trade shows and presentations;
• two-dimensional images, three-dimensional and volumetric reconstructions, VR/AR visualisations, animations, videos and other rendered materials derived from genuinely anonymous studies;
• licensing, supply and sale of anonymous datasets or anonymous materials;
• development and commercialisation of products, services, algorithms, models and technology; and
• other lawful commercial or non-commercial uses of information that is genuinely anonymous.

Research is one possible use. Falcon does not promise that a particular study, research project or use will occur.

Subject to applicable law and rights in the source material, once information has been lawfully made genuinely anonymous Falcon may:

• retain it indefinitely;
• reproduce it;
• analyse it;
• aggregate and combine it;
• transform it;
• create derivative anonymous materials;
• publish or display appropriate anonymous outputs;
• license it;
• transfer or supply it;
• sell it;
• provide paid access to it; and
• use it to create, train, test, validate, market and commercialise products, services, technologies and content.

These rights may be exercised worldwide and using current or future technologies and formats.

Falcon and permitted recipients may receive money or other commercial benefit.

Neither the account holder nor the Person Concerned is entitled to royalties, licence fees, compensation, profit participation or ownership of resulting datasets, models, algorithms, products, publications or other outputs merely because information originating from a medical record contributed to them.

This section does not authorise sale of an identifiable medical record.

Before any public display, the particular image or rendering must itself satisfy the applicable anonymity standard. A source study being anonymised does not automatically make every rendering safe to publish; recognisable facial features, embedded text or distinctive anatomy may require further treatment or exclusion.

Falcon may decide whether and when to use a genuinely anonymous copy.

A lawful first use may occur immediately or later, including after:

• the identifiable source has been deleted;
• a Falcon Cloud account has closed; or
• consent to future identifiable processing has been withdrawn,

provided the copy was genuinely anonymised before the relevant withdrawal or deletion became effective and continues to satisfy the applicable anonymous-data standard.

Falcon will not intentionally use Anonymised Data to identify, contact or profile the individual from whom it originated.

We use reasonable measures to maintain the anonymous or deidentified status of released information.

Where required by applicable law or appropriate to the release model, recipients will be contractually prohibited from attempting re-identification and required to maintain applicable deidentification safeguards.

If information thought to be anonymous becomes reasonably linkable to a person, we will reassess its status and restrict affected uses.

Privacy permission and intellectual-property rights are separate.

Uploading a medical record does not transfer copyright or another intellectual-property right that you do not own.

Falcon may use anonymous materials and create derivative outputs only to the extent permitted by applicable law, the rights we hold or lawfully obtain, and relevant source restrictions.

We and our collaborators may own rights arising in dataset arrangements, software, models, algorithms, inventions and other outputs lawfully created by us.

Falcon Patients may allow you to share identifiable information with another person or organisation.

You are responsible for selecting the intended recipient and acting within your lawful authority.

Once a recipient has downloaded a copy outside Falcon-controlled systems, we may be unable to retrieve or control that copy.

Anonymous-data licensing and sale under sections 23–26 are different from your sharing of identifiable medical records.

Our Privacy Policy explains how we process identifiable personal information.

We use technical and organisational measures designed to protect personal information against accidental or unlawful loss, destruction, alteration, disclosure or access.

No electronic system is completely secure. This does not reduce our obligation to implement legally required safeguards.

We may use service providers for hosting, storage, authentication, security, communications, support, payments and controlled anonymisation processing.

Service providers processing identifiable personal information for us are subject to appropriate contractual and security requirements.

They are not authorised by these Terms to use identifiable medical information for their own unrelated purposes.

Direct-to-consumer use of Falcon Patients does not automatically make iCat a HIPAA Covered Entity or Business Associate.

Where iCat processes Protected Health Information on behalf of a HIPAA Covered Entity or Business Associate, the applicable HIPAA requirements and Business Associate Agreement govern that processing.

Information held by Falcon in a Business Associate capacity is excluded from the consumer anonymisation programme unless the applicable Business Associate Agreement expressly authorises the relevant de-identification activity and subsequent use is lawful.

We may suspend or terminate access where reasonably necessary because of account compromise, fraud, material breach, security threats, non-payment, prohibited activity, legal requirements or discontinuation of the Service.

Where practicable and appropriate, we will provide notice and an opportunity to address an ordinary breach.

You may stop using Falcon Patients locally at any time and may withdraw from Falcon Cloud in accordance with section 16.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Mandatory rights concerning digital content, services, privacy, refunds and consumer remedies remain unaffected.

If you are a consumer, we are responsible for reasonably foreseeable loss caused by our breach of these Terms or failure to exercise legally required care and skill.

We are not responsible for losses we did not cause or that are too remote under applicable law.

Because Falcon Patients is licensed for personal and household use, we do not accept responsibility for business losses resulting from unauthorised professional or institutional use, except where applicable law requires otherwise.

This section applies only where you are not acting as a consumer and only to the extent lawful.

Subject to liabilities that cannot lawfully be limited, Falcon’s aggregate liability arising from the Service in connection with an event or related series of events will not exceed the greater of:

(a) US$200; or
(b) the amount you paid for Falcon Patients during the 12 months preceding the first relevant event.

To the extent permitted by law for non-consumer use, we exclude indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity and business interruption.

You must not use the Service:

• unlawfully or fraudulently;
• to infringe another person’s privacy;
• to store information you have no right to possess;
• to impersonate another person;
• to distribute malware;
• to attack or probe our systems;
• to evade quotas or restrictions;
• to conduct unauthorised automated extraction;
• as an institutional PACS contrary to these Terms; or
• to attempt to re-identify information supplied as anonymous or deidentified.

If Falcon Patients is obtained through an app store, your use must also comply with that platform’s applicable terms and rules.

For Apple-distributed copies:

• This licence binds you and iCat only. iCat alone is responsible for the application and content.
• Use is non-transferable, on Apple-branded devices you own or control, under Apple's Usage Rules, including permitted Family Sharing or volume purchasing. Apple's Usage Rules prevail over conflicting licence provisions.
• iCat provides maintenance and support required by these Terms or law; Apple owes none.
• iCat bears applicable express or statutory warranties. For warranty failure, notify Apple, which will refund the app price. Where legally permitted, Apple has no further warranty obligation; iCat bears all remaining warranty-related claims, losses, liabilities, damages, costs and expenses.
• iCat addresses application-related claims, including product liability, regulatory compliance and consumer and privacy rights. iCat alone investigates, defends, settles and discharges claims that the application or its possession or use infringes third-party intellectual property.
• You warrant that you are neither located in a US-embargoed or US-designated terrorist-supporting country nor listed among US-prohibited or restricted parties.
• Direct questions, complaints and claims to iCat using section 39's address, telephone and email.
• Comply with applicable third-party agreements when using the application.
• Apple and its subsidiaries are third-party beneficiaries. Your acceptance gives Apple enforcement rights against you, deemed accepted by Apple.

The protections for mandatory consumer rights in section 33 continue to apply.

We may update these Terms.

Material changes will be notified where required. A revised version does not retrospectively create consent for new identifiable-data processing purposes.

Where a new health-data processing purpose requires fresh consent, we will obtain it before carrying out that processing.

These Terms are governed by the laws of England and Wales.

If you are a consumer residing elsewhere, this choice does not deprive you of mandatory protections that apply in your habitual residence.

Consumers may bring proceedings in any court permitted by applicable mandatory law.

For non-consumer disputes, the courts of England and Wales have exclusive jurisdiction except where mandatory law provides otherwise.

Questions, complaints or claims about these Terms or Falcon Patients may be sent to:

iCat Solutions Ltd
Company number: 08680808
The Union Building
51–59 Rose Lane
Norwich NR1 1BY
United Kingdom

Email: info@icat.solutions
Telephone: +1 707 500 0678

For the EU/EEA representative and Data Protection Officer (DPO), see section 31 of the Privacy Policy.