Last updated: April 15, 2026
These Terms of Use (hereinafter "Terms") govern access to and use of the R-PACS platform (hereinafter "the Software"), a Picture Archiving and Communication System (PACS) solution published by THERA SOFT SAS (hereinafter "the Publisher"), a company registered with the French Trade and Companies Register.
The Software is intended exclusively for healthcare professionals and healthcare facilities for the archiving, viewing and sharing of medical images in DICOM format, in compliance with DICOM PS3 standards and applicable health data regulations.
Any use of the Software implies full and unreserved acceptance of these Terms. The Publisher reserves the right to modify these Terms at any time. Users will be notified of any material changes via notification within the Software.
The R-PACS Software, including but not limited to its source code, architecture, algorithms, graphical interfaces, technical and functional documentation, databases and all of its software components, constitute works of the mind protected by the French Intellectual Property Code (Articles L.111-1 et seq., L.122-1 et seq., L.335-1 et seq.), by database rights (Articles L.341-1 et seq.) and by applicable international treaties.
THERA SOFT SAS holds all intellectual property rights to the Software. Any reproduction, representation, modification, distribution, decompilation, disassembly, reverse engineering or any other exploitation not expressly authorized by the Publisher is strictly prohibited and constitutes infringement sanctioned by Articles L.335-2 et seq. of the French Intellectual Property Code.
The Publisher grants the User a personal, non-exclusive, non-transferable right to use the Software, under a separate license agreement or subscription. This right is strictly limited to the User's professional use within their healthcare activity.
The User shall not: (a) copy, reproduce or duplicate all or part of the Software; (b) sublicense, rent, lend or make the Software available to third parties; (c) modify, adapt, translate or create derivative works of the Software; (d) circumvent, disable or alter the protection or licensing mechanisms of the Software.
The number of connected DICOM devices is limited by the subscribed license. Any unauthorized exceeding of the device limit constitutes a violation of these Terms.
The Software processes personal health data within the meaning of Article 4 of Regulation (EU) 2016/679 (GDPR) and Article L.1111-8 of the French Public Health Code. The User is solely responsible for the processing of health data they perform through the Software. The User undertakes to comply with all applicable legal and regulatory obligations regarding the processing of health data, including the GDPR, the French Data Protection Act of January 6, 1978 as amended, and the security and interoperability standards published by the French Digital Health Agency (ANS).
When the Software is deployed in hosted mode, hosting is provided through a certified HDS (Health Data Host) provider in accordance with Article L.1111-8 of the French Public Health Code. Users deploying the Software on their own infrastructure assume full responsibility for the HDS compliance of their hosting.
The User undertakes to: (a) use the Software in accordance with its intended purpose and these Terms; (b) ensure the confidentiality of their login credentials and not share them with unauthorized third parties; (c) promptly report to the Publisher any unauthorized use of their account or any security breach observed; (d) not use the Software for unlawful purposes or purposes not compliant with health regulations.
The User is solely responsible for managing access rights within their organization. They shall ensure that each user has a nominative account and that the roles and permissions assigned correspond to the functions performed, in accordance with the principle of least privilege.
The User is responsible for implementing and regularly testing their backup and business continuity plans. The Publisher shall not be held liable for any data loss resulting from a failure by the User to maintain adequate backups.
The Software is provided "as is". The Publisher endeavors to maintain the Software in working condition but does not guarantee the absence of errors, interruptions or malfunctions. The Software does not constitute a medical device within the meaning of Regulation (EU) 2017/745 and must under no circumstances substitute for the clinical judgment of the healthcare professional.
The Publisher's liability is expressly limited to direct and foreseeable damages resulting from a proven breach of its contractual obligations. In any event, the Publisher's total liability shall not exceed the amounts actually paid by the User under the license during the twelve (12) months preceding the event giving rise to liability. The Publisher shall not be held liable for indirect damages, including but not limited to data loss, loss of profits, loss of clients or damage to reputation.
These Terms come into effect on the date of first use of the Software by the User and remain in force for the entire duration of use of the Software.
The Publisher may suspend or terminate access to the Software by operation of law and without notice in the event of a violation of these Terms by the User, including unauthorized use, attempted unauthorized access to systems, or non-payment of license fees.
Upon termination of the contract, regardless of the cause, the Publisher undertakes to return to the User all health data in a standard and interoperable format (DICOM for images, structured export for patient data) within thirty (30) days of the User's written request. After a period of ninety (90) days following the effective termination of the contract, data will be irreversibly deleted from the Publisher's systems, unless a legal retention obligation requires otherwise.
Each Party undertakes to keep confidential all information, data, documents and know-how of a confidential nature of which it may have become aware in the context of the performance of these Terms, for the entire duration of the Terms and for a period of five (5) years after their termination.
This confidentiality obligation does not apply to information that is or becomes public without the fault of the receiving Party, that was already known to the receiving Party before its communication, or that must be communicated under a legal or regulatory obligation.
Neither Party shall be held liable for any delay or failure in the performance of its obligations under these Terms when such delay or failure results from a case of force majeure within the meaning of Article 1218 of the French Civil Code, including but not limited to natural disasters, epidemics, large-scale cyberattacks, telecommunications service interruptions and governmental decisions.
These Terms are governed by French law. Any dispute relating to their interpretation or performance shall be submitted to the exclusive jurisdiction of the courts of the registered office of the Publisher, unless otherwise required by mandatory legal provisions.
If any provision of these Terms is declared null or unenforceable by a competent court, the remaining provisions shall retain their full force and effect.
THERA SOFT SAS — Publisher of R-PACS software. All rights reserved.