These Terms & Conditions of Use (“Terms”) govern your access to and use of the websites, applications, and related services offered by Graft Counter (“we”, “us”, “our”) (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Graft Counter is operated from Kosovo (Republic of Kosovo).
Graft Counter provides software tools intended for professional use in hair transplant workflows, including (without limitation) uploading and analysing images, marking and counting grafts, managing sessions, and exporting or generating related outputs (“Outputs”). The Service may include free and paid features, usage limits, and integrations with third-party providers (for example authentication, hosting, storage, and payment processing).
We may modify, suspend, or discontinue features, quotas, or the Service as a whole where reasonably necessary for security, legal compliance, or operational reasons. We will aim to give reasonable notice for material adverse changes where practicable.
You must be at least 18 years old and have authority to enter into these Terms. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must provide accurate registration information and notify us promptly of any unauthorised use.
You agree not to misuse the Service. Without limitation, you must not: (a) violate applicable law; (b) attempt to gain unauthorised access to systems, data, or accounts; (c) interfere with or disrupt the Service or other users; (d) reverse engineer or attempt to extract source code except where permitted by law; (e) upload unlawful, harmful, or infringing content; (f) use the Service to provide medical diagnosis or treatment decisions (the Service is a documentation and workflow aid, not a medical device); or (g) resell or redistribute the Service without our prior written consent.
You remain solely responsible for your use of patient or personal data in compliance with your professional duties and applicable privacy and healthcare rules.
You retain ownership of content you upload or create using the Service, subject to the rights you grant us below. You represent that you have the rights necessary to submit such content and that its use as contemplated by the Service does not violate third-party rights.
To operate the Service, you grant Graft Counter a non-exclusive, worldwide licence to host, process, transmit, display, and create backups of your content solely to provide, secure, and improve the Service and to comply with law. We do not sell your clinical images as a product.
The Service, including software, branding, documentation, and design, is owned by Graft Counter or its licensors and is protected by intellectual property laws. Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you.
The Service may rely on third parties (for example cloud hosting, authentication, analytics, or payment providers). Their terms and privacy notices may apply in addition to these Terms. We are not responsible for third-party services outside our reasonable control.
Paid features, subscriptions, or one-time purchases are described at the point of sale. Prices may change prospectively with notice where required. You authorise us and our payment processors to charge your chosen payment method for applicable fees and taxes. Payments are processed by third-party providers; we do not store your full payment card details on our servers.
8.1 General. The Service is primarily a digital service. Unless mandatory law requires otherwise, all fees are final and non-refundable once paid access, quota, or digital deliverables have been supplied or used.
8.2 No “right of return” for consumed digital performance. Where you have received premium access, increased quota, or other digital performance, you acknowledge that such performance cannot be “returned” in the same way as physical goods.
8.3 EU/EEA consumers. If you qualify as a consumer under applicable law in the European Union or European Economic Area, you may have a statutory right to withdraw from certain distance contracts within 14 days. However, where digital content or services are supplied immediately at your request, you may be asked to expressly consent to immediate performance and acknowledge that you lose your right of withdrawal once supply has begun. By completing a purchase that grants immediate access, you confirm that you requested immediate supply and understand this consequence where applicable law allows such an agreement.
8.4 Goodwill and billing errors. We may, at our sole discretion, issue credits or refunds for duplicate charges, proven processing errors attributable to us, or prolonged unavailability of paid features due to a material fault on our side. This does not create an obligation for future cases.
8.5 Subscriptions. If you cancel a subscription, cancellation typically applies to the next renewal period. Unless mandatory law requires otherwise, we do not refund fees already paid for the current billing period, including partial periods.
8.6 Chargebacks and reversals. You agree to contact us first to resolve billing concerns. Unfounded chargebacks or payment reversals may result in suspension or termination of your account and recovery of costs where permitted by law.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUTS WILL MEET YOUR CLINICAL OR COMMERCIAL REQUIREMENTS. YOU USE THE SERVICE AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAFT COUNTER AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED EUROS (€100), EXCEPT WHERE LIABILITY CANNOT BE LIMITED UNDER MANDATORY LAW (FOR EXAMPLE GROSS NEGLIGENCE OR INTENT, OR INJURY TO LIFE, BODY, OR HEALTH).
You will defend, indemnify, and hold harmless Graft Counter from claims, damages, losses, and expenses (including reasonable legal fees) arising from your content, your use of the Service in breach of these Terms, or your violation of applicable law or third-party rights.
We may suspend or terminate access to the Service if you materially breach these Terms, create risk or harm, or where required by law. You may stop using the Service at any time. Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive termination.
We may update these Terms from time to time. We will post the revised Terms and update the “Last updated” date. Continued use after the effective date constitutes acceptance of the revised Terms, except where stricter consent is required by law.
These Terms are governed by the laws of the Republic of Kosovo, excluding conflict-of-law rules that would apply another jurisdiction’s laws, subject to mandatory consumer protections that cannot be waived in your country of residence.
Unless mandatory law provides otherwise, the courts of the Republic of Kosovo shall have exclusive jurisdiction for disputes arising out of or relating to these Terms or the Service. If you are a consumer residing in the EU/EEA or elsewhere, you may also benefit from mandatory provisions of your country of residence and, in some cases, bring proceedings in your place of residence.
For questions about these Terms, contact us through the contact or support options provided within the Graft Counter application or on our website. Graft Counter is operated from Kosovo.