Terms and Conditions of Service

This document describes the terms and conditions of use of the HCMedic application (hereinafter, the “Terms and Conditions”) accessible from the web addresses https://www.hcmedic.com and https://app.apphcmedic.com (hereinafter, the “Application”). We ask that you read these Terms and Conditions carefully as soon as you access and/or use the Application.

Access, registration, use and/or any type of activity carried out through the Application, whether as a Client or a User authorized by a Client (hereinafter, “Authorized User”), expresses full and unreserved adherence by whoever accesses, registers, uses and/or carries out any type of activity in and/or through the Application, to each and every one of the Terms and Conditions and Privacy Policy in the versions published in the Application.

If you do not fully accept these Terms and Conditions and/or the Privacy Policy of the Application, please refrain from continuing to access, register, use and/or carry out any type of activity in and/or through the Application, since doing so will be understood as your full acceptance of these Terms and Conditions and the Privacy Policy of the Application.

These Terms and Conditions may be modified in whole or in part by HCMEDIC, and such changes and implementations will take effect from the moment they are published or inserted into the Application, or from when Clients of the Application are notified, whichever occurs first. For this reason, we suggest that both when registering and on every occasion you access, use and/or carry out any type of activity in and/or through the Application, you review these Terms and Conditions and the Privacy Policy to confirm they have not been modified.

Violation of any of the stipulations contained in these Terms and Conditions and/or the Privacy Policy of the Application will give HCMEDIC the right to suspend access to or use of the Application, as well as to prevent whoever committed the violation, whether a Client or an Authorized User, from continuing to access and/or use the Application.

If, once registered as a Client and/or Authorized User, you do not accept a change to these Terms and Conditions and/or the Privacy Policy of the Application, you must contact HCMEDIC at the following email address: info@hcmedic.com, stating your non-acceptance. Once we receive your message, and provided there are no grounds to keep your registration and traffic data stored on our servers, we will proceed to cancel your registration as a Client or Authorized User and delete all of your personal data, and, if applicable, in the case of canceling a Client's registration, delete all data and clinical records of the Client's patients included in their Virtual Practice.

HCMEDIC is an application that allows previously registered health professionals and healthcare establishments (hereinafter, the “Clients” or “Client Administrators”) to create, maintain, preserve, access and update the digital clinical record of their patients, and, at the same time, either directly or through their Authorized Users, manage and administer their patient roster and appointment schedules for their practices over the Internet.

HCMEDIC was conceived as a “Virtual Practice” for Clients, allowing the recording of care for patients across all healthcare specialties, streamlining access to information, enabling the medical record of patients to be kept over time, and allowing their data to be updated periodically.

HCMEDIC was designed by physicians with extensive experience in health informatization projects, to facilitate communication among all members of a healthcare team.

HCMEDIC does not attempt to replicate paper-based records, but rather aims to optimize the healthcare team's performance by managing more and better information so it is available at the time decisions are made.

We will consider “Clients” to be health professionals, healthcare establishments that operate professionally or commercially in the health field, and all persons who, professionally, occupationally and/or scientifically related to a health professional and/or a healthcare establishment and authorized by them to access their patients' personal data, are, after registering as such in the Application by completing all requested personal data (hereinafter, “Personal Information”), activated as such in the Application.

Each Client may authorize different Users to enter their “Virtual Practice.” Authorized Users may enter data, consult patients' clinical records, manage the patient roster and/or appointment schedules according to the authorization levels determined by each Client.

HCMEDIC may be used solely and exclusively by previously registered Clients and/or Authorized Users.

To access HCMEDIC and their Virtual Practice, Clients and Authorized Users must use the corresponding username and password. Access to and use of the Application requires strict compliance with the registration procedure established by HCMEDIC as a condition for access to and use of the Application and its features and functionalities.

Each time they log in to their Virtual Practice, Client Administrators may:a) Create Authorized Users and define their characteristics;b) Create a record for each patient;c) Access, add, modify and/or remove information related to each patient as they see fit (within a reasonable time from its creation, after which it must be requested from the site administrator);d) Carry out prospective follow-up of their patients;e) Assign appointments to their patients;For their part, each time an Authorized User logs in to the Virtual Practice of the Client who authorized them to do so, they may, depending on their roles:a) Add information related to the Client's patients;b) Assign appointments to the Client's patients.

The information that Client Administrators and/or Authorized Users add to each patient's clinical record will be stored within the Virtual Practice that the respective Client has in HCMEDIC, so that in the future it may only be accessed by that Client and/or their Authorized Users.

It is expressly noted that each Client and/or Authorized User may freely access all information related to their patients, but not the information added by other Clients in their respective Virtual Practices.

a) Legal Capacity

Only persons over 18 years of age who can prove they are duly authorized health professionals and who have the legal capacity to contract may register as Clients and access the Application. Likewise, Authorized Users of a Client who are registered as users within their Virtual Practice may access the Application. Persons lacking such capacity, minors (even through their parents, guardians or caregivers), those who were previously registered but whose registration was cancelled for any reason, and/or any persons not specifically authorized by HCMEDIC, either directly or through a Client, may not register and/or use the Application.

b) Registration

To register in the Application, it is mandatory to complete the relevant forms in order to create a Client or Authorized User Profile. Personal Information must belong to the person and/or healthcare establishment registering and must be accurate, true and current. Clients and Authorized Users commit to keeping their Personal Information updated as necessary.

To log in as a Client and/or Authorized User and carry out the activities the Application allows, a username and a personal security password (hereinafter, “password”) are required.

Clients will be responsible for all acts that take place in their Virtual Practice through the use of the usernames and passwords linked to it. For this reason, we recommend that this information be kept strictly confidential and, under no circumstances, disclosed or shared with third parties. Clients and/or Authorized Users must notify us immediately, through an appropriate and reliable means, of any unauthorized use of any username and/or password linked to a Virtual Practice, as well as access to and use of the Application by unauthorized third parties.

It is noted that through the use of the Application, no Client and/or Authorized User is anonymous, since both the IP address used to connect to the Internet and use the Application, and the exact date and time of registration, access and/or entry of data, are stored. In this way, in the event of a legal complaint, we can help identify the party responsible for any unlawful act or one prohibited by these Terms and Conditions.

We may use various means to identify Clients and Authorized Users; however, we are not responsible for the accuracy of the Personal Information provided by them. We reserve the right to implement any type of means to verify the personal information of Clients and Authorized Users, whether by requesting supporting documentation, using an online confirmation system and/or any other type of method intended to corroborate the truthfulness, accuracy, currency, authenticity and relevance of the information provided when registering in the Application.

Clients guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, authenticity and relevance of the Personal Information entered by them and/or their Authorized Users, and the Application may temporarily suspend or permanently cancel the registration, account and/or session of a Client and/or Authorized User whose data could not be verified.

c) Creation of a Virtual Practice

To create a Virtual Practice, the Client must complete all fields required in the registration forms proposed by the Application.

The Client agrees to add solely and exclusively information related to themselves, the healthcare establishment they represent and/or their Authorized Users.

By creating a Virtual Practice and adding Personal Information to the Application, the Client and Authorized Users authorize HCMEDIC to use their Personal Information broadly, non-exclusively and without limitation, both through the Application and through any other medium, whether graphic, audiovisual and/or electronic, understanding this to mean the use, publication, commercialization, dissemination and/or reproduction in any medium, for any purpose, including that intended to promote the Application, without limitation and free of charge.

Regarding information corresponding to the Clients' patients that is added to their respective clinical records and Virtual Practices, Clients and Authorized Users commit to completing records with true, accurate and up-to-date information corresponding to patients under their care, with the Client and Authorized Users assuring HCMEDIC that they have the free, express and informed consent of their patients for their data to be added to their Virtual Practice within the Application.

d) Correct Use of Username and Password

Clients and Authorized Users commit to keeping their username and password secret and using them diligently, preventing their use by third parties.

All information entered into the Application using the username and password of a Client and/or Authorized User will be considered as sent by that party, with the Client and/or Authorized User being jointly and severally liable for any costs and/or damages that may be caused to HCMEDIC and/or third parties through access, use and/or performance of any type of activity in the Application using such credentials.

e) Conduct of Clients and Authorized Users

Clients and Authorized Users, in the latter case regardless of whether or not they are healthcare professionals, expressly agree not to use the Application or its contents to:1) transmit, offer and/or publish material containing viruses, worms, trojans, files, code or programs intended to interrupt, limit or destroy the functionality of software, hardware, a website or any telecommunications equipment;2) transmit, offer and/or publish illegal, defamatory, vulgar, obscene, pornographic, racist, discriminatory, offensive, insulting material or material that affects the privacy, honor, dignity and/or any other right of third parties;3) transmit, offer and/or publish personal data, images and/or photographs of third parties;4) transmit, offer and/or publish images or photographs, whether their own or of third parties, whose content is obscene, immoral and/or contrary to accepted standards of decency;5) transmit, offer and/or publish material by falsifying their identity and/or by providing false and/or incomplete information;6) transmit, offer and/or publish content in violation of applicable law;7) access the passwords of Registered Users;8) access the content of clinical records prepared by other Clients;9) promote and/or disseminate and/or carry out commercial activities unrelated to the purpose of the Application;10) violate any local, federal, national and/or international legislation;11) transmit, offer and/or publish content aimed at exploiting the image of minors under 18 years of age and/or disclosing personal information about such minors and/or any third parties, and/or that constitutes pedophilia and/or child pornography;12) Transmit, offer, publish material that slanders, abuses, insults or violates rights of privacy or publicity, including the disclosure of private information about an individual.

Failure by a Client and/or Authorized User to comply with any of the foregoing conditions will result in the immediate cancellation of their registration in the Application, without prejudice to whatever may otherwise apply under applicable law and in the exercise of any rights based thereon.

Likewise, Clients and Authorized Users expressly understand and agree that:1) use of the Application is at their sole risk;2) the Application does not guarantee it is suitable for their needs;3) the Application may be suspended or interrupted without prior notice;4) the Application may contain errors;5) they are solely responsible for the personal information and that of their patients entered into the Application.

f) Duty of Indemnification

Clients and Authorized Users commit to defend, indemnify and hold harmless HCMEDIC, its owners, employees and/or representatives against any claim, damages, obligation, loss, debt, cost or expense (including, among others, attorneys' fees) that may arise as a result of:1) the use of the Application or access thereto;2) their violation of any of the clauses of these Terms and Conditions and/or the Privacy Policy;3) their violation of the rights of third parties, including, among others, copyright, property, privacy and/or health rights;4) any claim for damages caused to third parties arising from information added to their patients' clinical records.

This obligation of defense and indemnification shall survive even after the termination of their relationship with the Application.

Registration in the Application, the creation of a Virtual Practice, the preparation of clinical records and the management of the patient roster and appointment schedule are initially free for the Client and their Authorized Users. However, it is noted that in the future certain fee-based services and/or products may exist that can only be accessed or used by Clients who contract them.

In such a case, Clients will know the price and contracting terms of such products and/or services at the time they proceed to contract them, which will be specified previously and clearly in the Application.

Regarding products and/or services that third parties may offer through the Application, it is expressly clarified that HCMEDIC does not control, supervise or assume any responsibility for the truthfulness, quality, safety or characteristics of such products and/or services.

Regarding cancellation of a subscription to HCMEDIC services, the Client may cancel their subscription to HCMEDIC at any time, and will continue to have access to the service until the end of their billing period. Payments for subscriptions to HCMEDIC services are non-refundable, and no refunds or credits will be given for partially used subscription periods or unused HCMEDIC tools.

The Application is the property of HCMEDIC and is protected by international copyright, trademark, patent, and industrial design and model laws and treaties.

Improper use and total or partial reproduction of any of the Application's content is expressly prohibited, except with our authorization and/or the express written consent of the Client who added it and the patient to whom it may eventually correspond.

Subject to these Terms and Conditions, HCMEDIC grants Clients a Non-Exclusive, Non-Transferable License to Use the Application for the duration of their registration therein. The license granted does not imply, in any way, a transfer of data and/or “know-how” of any kind from HCMEDIC to any Client or their Authorized Users and/or patients, but rather only the Client's ability to use the Application under the conditions established herein.

We have adopted the highest level of security within our reach to try to prevent the loss, destruction, misuse, alteration and/or unauthorized access to or theft of data entered into the Application in general and into Clients' Virtual Practices and patient clinical records in particular.

HCMedic and its providers and contractors use the most modern encryption techniques that are standard across all e-commerce and financial transaction sites. To store patient data and consultations, the technology commonly known as Cloud Computing is used, employing ultra-fast servers with automatic backups whose owners have implemented the security measures necessary to preserve the integrity, authenticity, immutability, durability and recoverability of the data contained in the clinical records that make up each Client's Virtual Practice.

However, Clients must be aware that Internet security measures are not impregnable. For this reason, we clarify, and the Client accepts, that HCMEDIC cannot be held responsible in any way for eventual illegal interceptions or violations of the Application's systems or databases by unauthorized persons.

Without prejudice to other measures we may take, we will warn, temporarily suspend or permanently cancel the registration of a Client and/or Authorized User, and may also initiate any legal actions we deem appropriate, in any of the following cases:1) violation of any applicable legal rule;2) failure to comply with these Terms and Conditions and/or the Privacy Policy and Personal Data Protection Policy;3) engaging in willful and/or fraudulent and/or criminal conduct or acts;4) inability to verify the identity of the Client and/or Authorized User.

Please report any violation of these Terms and Conditions to the Application's administrator by writing to the following email address: info@hcmedic.com

Clients and Authorized Users are aware of, and voluntarily accept that, use of the Application takes place, in all cases, under their sole and exclusive responsibility.

HCMEDIC does not assume and will not assume any type of liability, whether direct or indirect, arising from the registration, access and/or use of the Application or its content by Clients and/or Authorized Users, who assume, in all cases, sole responsibility, even toward their patients.

Clients and Authorized Users accept and acknowledge that the Application does not control or supervise, nor assume any responsibility for the truthfulness, timeliness and/or accuracy of the information entered into the Application, into Virtual Practices and/or into patients' Clinical Records, nor for the use that Clients and/or Authorized Users make of them.

Likewise, Clients and Authorized Users accept and acknowledge that the Application will not be liable for any direct or indirect damage or harm, including, without limitation, damages resulting from the loss, inability to access and/or deterioration of information entered into the Virtual Practice and/or into their patients' Clinical Records.

Under no circumstances will we be liable for any direct, indirect, incidental, special or punitive damage that may be caused by:1) errors or inaccuracies in the content;2) damages of any nature to a person or property arising from their access to or use of the Application;3) any unauthorized access to the Application and/or to the servers and/or to any type of personal information stored therein; and/or4) content added by a Client and/or Authorized User that violates these Terms and Conditions and/or contains defamatory, insulting, racist, discriminatory, threatening, harassing, illegal, false information and/or information that offends morality and accepted standards of decency and/or is harmful to the rights of third parties, particularly regarding their health, dignity, honor and privacy.

It is the sole responsibility of users to ensure that the HCMedic App complies with the particular regulations and rules of their country. HCMedic App is standardized software designed to be used across all regions of Latin America. Although we strive to maintain a platform that adapts to a wide range of requirements, each user must verify that the use of the software in their medical practice complies with applicable local laws and regulations. HCMedic App is not responsible for users' handling of the software.

We are not responsible for any type of damage, harm or loss that the Client and/or Authorized User may suffer as a result of failures in the Application, in the server contracted by HCMEDIC, or on the Internet.

Likewise, we will not be responsible for any virus that may infect the equipment of Clients and/or Authorized Users as a result of accessing, using or visiting the Application, or arising from any transfer of data, files, images, text, video or audio contained therein.

Neither Clients nor Authorized Users may attribute to HCMEDIC, its partners, employees and/or agents, any liability, nor demand payment of any damages by virtue of hypothetical harm that may eventually result from technical difficulties or failures in the systems or on the Internet.

We do not guarantee continued or uninterrupted access to and use of the Application and its content, nor do we guarantee the availability and/or continuity of the Application's operation and its content. In the event that the Application and/or any of its content is unavailable due to technical difficulties or Internet failures or any other circumstance, we will attempt to restore it as quickly as possible, without this implying any liability on our part.

HCMEDIC is not obligated, nor will it be, to provide, under any circumstances, any equipment or software program so that Clients and/or Authorized Users can access the Application and/or their respective Virtual Practices.

On the contrary, Clients and Authorized Users must have, at their sole expense and risk, all resources and/or equipment, whether computer-related or not, including telecommunications equipment, necessary to access the Application and/or their Virtual Practice and/or their patients' Clinical Records.

Likewise, Clients and Authorized Users will determine, at their own expense and risk, the communication means to use, including communication protocols and, if applicable, third-party service providers.

Violation of any of the provisions of these Terms and Conditions and/or the Privacy Policy will give HCMEDIC the right to suspend or prevent whoever committed it, by act or omission, from continuing to access and/or use the Application.

Once access has been denied, the username and/or password disabled and/or the registration of a Client and/or Authorized User cancelled, they must cease using their username and/or password and refrain from attempting to access the Application.

In such a case, we will proceed to delete all data and clinical records of patients that the Client and/or Authorized User had included in their Virtual Practice, and, if applicable, we will make a backup copy of such information available to the Client so they can retrieve it from our offices within a maximum period of 180 days, after which we will proceed with its destruction.

HCMEDIC reserves the right to initiate any legal actions that may correspond due to the following conduct:a) fraudulent and/or unauthorized access to the Application;b) use of false, fraudulent or unauthorized technical devices, computer procedures, usernames and/or passwords not authorized by HCMEDIC;c) access to, use, appropriation and/or disclosure of confidential information existing in the Application.

The Application may contain links to other websites, which does not imply or mean that they are owned or operated by HCMEDIC. As we have no control over such websites, we will not be responsible for the content, materials, actions and/or services provided by them, nor for any damages or losses that may result from their use, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval or endorsement on our part of such sites and their content.

Clients and/or Authorized Users and, in general, any persons intending to establish a hyperlink between a website unrelated to the Application and HCMEDIC (hereinafter, the “HYPERLINK”) must comply with the following conditions:1) the HYPERLINK will only allow entry to the Home page of the Application (www.hcmedic.com);2) no browser, frame or border environment will be created over any of the Application's web pages;3) no false, inaccurate or incorrect statements or indications will be made about the Application, and, in particular, it will not be stated or implied that HCMEDIC has authorized the HYPERLINK or has supervised or assumed in any way the content or services offered or made available on the website establishing the HYPERLINK;4) except for signs that are part of the HYPERLINK itself, the website establishing the HYPERLINK will not contain any trademark, trade name, establishment sign, name, logo, slogan or other distinctive signs belonging to HCMEDIC;5) the website establishing the HYPERLINK will not contain unlawful information or content, content contrary to generally accepted morality and standards of decency and public order, nor will it contain content that violates any rights of third parties.

The establishment of the HYPERLINK does not in any case imply the existence of a relationship between HCMEDIC and the owner of the website on which it is established, nor acceptance and approval by HCMEDIC of the content or services offered and/or made available to the public there.

HCMedic is an application specifically designed for the management of electronic clinical records and the administration of medical practices. While it allows for the management of patient information, it does not constitute a Customer Relationship Management (CRM) system. Its main purpose is to facilitate medical work, patient health follow-up, and the administrative organization of clinical practice.

In this sense, HCMedic does not offer a tool for the mass download of the entire database for transfer to other systems. The platform's architecture and approach are oriented toward the security, integrity and confidentiality of medical information.

However, HCMedic facilitates the individual download of medical information from clinical records at the level of each patient visit, in PDF format. This feature allows users to obtain a portable and legible record of the specific clinical information for each visit. Likewise, the platform allows the download of financial reports in PDF format, facilitating the administrative and accounting management of the practice.

It is important to note that users may access their HCMedic account and download the medical information from clinical records at the patient-visit level, in PDF format, even under the following circumstances:If their subscription has been cancelled.

If their account corresponds to a free plan.

If their account is in read-only mode, regardless of their subscription status.

This provision ensures that healthcare professionals can access and retain their patients' clinical information for medical purposes, even when their subscription to HCMedic's active management services has ended.

If you have any questions about these General Terms and Conditions or other policies and principles governing our Application, please contact us by emailing info@hcmedic.com