I. TERMS AND CONDITIONS OF USE OF THE MEDINTIA SAS PLATFORM

II.SPECIFIC TERMS AND CONDITIONS OF USE OF THE MEDINTIA SAS PLATFORM FOR DOCTORS AND HEALTHCARE PROFESSIONALS

I. DISCLAIMER – BETA TEST VERSION

Medintia platform (hereinafter, the “Platform”), managed by MEDINTIA SAS (hereinafter, ” Medintia “), is in a testing phase (Beta), which may be extended for the first six (6) months of operation, or for a longer period of time, if Medintia deems it necessary. This means that the Platform may present failures, interruptions, technical errors or instability in the Service.

The objective of this first testing phase (Beta) is to: (i) evaluate the performance of the Platform and its functionalities; ( ii ) gather information on errors and technical issues to improve the User experience; and ( iii ) obtain feedback from Users to optimize the service before the official launch.

During this beta testing phase, Medintia reserves the right to modify, update, or remove features of the Platform without prior notice, as well as to temporarily or permanently suspend access to the beta version or restrict functions as necessary.

By using the Platform during this trial period, Users accept that these issues may occur and that the development team will continuously work to improve the User experience and the stability of the Platform. Therefore, use of the Platform during this phase implies understanding and acceptance of these terms, without incurring any liability for Medintia for any potential impacts resulting from technical issues. Medintia appreciates the understanding and feedback from its Users during this phase, which will help us optimize the service.

By using the Platform during this first testing phase (Beta), the User expressly accepts that:

  1. It is still under development and may present a greater number of errors, failures or instability, without Medintia being responsible for this;
  2. Its operation is not 100% guaranteed and could be modified or suspended at any time by Medintia , seeking to protect the Platform Users;
  3. Its purpose is to evaluate the performance of the features, receive feedback from Users and make improvements before their official launch.
  4. Medintia does not guarantee that the Platform will operate without errors, nor that the Service will be uninterrupted;
  5. Medintia will not be responsible for any loss of information, system failures, device incompatibility, or any other inconvenience arising from the use of the Beta version;
  6. The data entered may not be retained after the end of the test and will be used solely for testing and development purposes, ensuring its protection in accordance with applicable regulations; and
  7. In any case, use of the Platform within this phase implies the User’s express acceptance of the Platform’s Terms and Conditions.

To report bugs or send suggestions during this trial period, Users can contact: co******@******ia.com

I. TERMS AND CONDITIONS OF USE OF THE MEDINTIA SAS PLATFORM

These terms and conditions (the “ Terms and Conditions ”) establish the conditions of use of: (i) the virtual platform contained at the addresses www.medintia.com , www.medintia.ai , www.medintia.info ; ( ii ) the “Medintia” application (APP); and (iii) the WhatsApp channel, chatbot – virtual assistant and chat of the websites www.medintia.com , www.medintia.ai , www.medintia.info , (hereinafter (i), ( ii ) and ( iii ) as the “Platform”), managed by MEDINTIA SAS (hereinafter “Medintia”).

Use of the Platform implies express and full knowledge and acceptance of these Terms and Conditions. If you do not accept the Terms and Conditions set forth herein, you may not access or use the Platform’s services. Any User who does not agree to the Terms and Conditions has the full right not to use the Platform; however, use of the Platform fully demonstrates the User’s full, complete, and unconditional acceptance of these Terms and Conditions.

To the extent permitted by law, Medintia may modify the Terms and Conditions at any time and without prior notice. Whenever the Terms and Conditions are updated or modified, the User must expressly accept the modification in order to continue using the Platform. If the User does not accept the new Terms and Conditions, the User may not continue using the Platform.

1. Nature and purpose of the Platform

The Platform, in accordance with the terms of Law 1480 of 2011, is a contact portal, the sole purpose of which is to facilitate interaction between Users (patients and physicians) and allow them to make inquiries, conduct transactions, and manage their medical services quickly and securely. However, to guarantee the security of the Platform and its Users, Medintia may condition or restrict the availability of some of the Platform’s services.

As a contact portal for the provision of services between physicians and patients, all information and content displayed through the Platform related to the services provided by these healthcare professionals should be understood to be published and disseminated directly by the physicians. Therefore, each physician will be responsible for this information and for the specific conditions they establish for the provision of their medical services, consultations, or diagnoses.

Through the Platform, Users will be able to access pre-consultation, consultation, and appointment scheduling services. Users may also schedule an appointment or consultation with the general practitioner or specialist of their choice, subject to the scheduling limitations set by the physician. The Platform also provides Users with a payment gateway for the appointment or medical consultation. This payment gateway will give Users access to the appointment calendar and the corresponding scheduling, booking, and confirmation of the appointment or consultation, according to each physician’s schedule.

The Platform and its services are freely accessible. However, the price of medical consultations or appointments is set directly by the Physician or Healthcare Professional providing the medical service, according to their personal, individual, and autonomous criteria. In collecting this price, Medintia acts solely as a means or collection channel to facilitate the transaction between patients and Physicians. Medintia’s role in paying the Physician for the service is therefore that of a payment facilitator. Therefore, the User understands and accepts that the price of the consultation or medical service will be paid directly to the corresponding Physician or Healthcare Professional, through the payment methods and payment gateway enabled by the Platform. Medintia does not make medical recommendations or suggestions, nor does it provide health, medical, scientific, or similar consultation services.

Medintia reserves the right to modify the services offered to Users at any time. Therefore, Medintia may, when it deems appropriate, eliminate or add new services to those currently offered. In any case, this decision will not change its nature as a contact portal, as the services offered are not and will not be provided directly by Medintia, but rather by the physician or healthcare professional.

2. Definitions

User : whether singular or plural, refers to all persons (Doctors or patients) who use the Platform directly or through their representatives and who meet the requirements established in these Terms and Conditions.

Pre-consultation : A (non-medical) health information guidance service provided within the Platform. Through this service and via an advisory chat, the User can explain the type of symptoms that motivated their access to the pre-consultation and the Platform. During this process (which is purely advisory and powered by artificial intelligence), the Platform will provide preliminary guidance to the User through an advisory pre-diagnosis. The pre-consultation is an initial approximation to a health problem indicated by the patient, through a description of their symptoms. Therefore, it does not replace an actual medical consultation, and its sole objective is to guide the patient to better understand the health problem the User may be facing, suggesting a consultation with a general practitioner or specialist in the field, who must review this pre-consultation information in detail through a consultation.

Pre-diagnosis : This is the general, purely suggested, and guiding recommendation made by the Platform to the User through an interactive chat as a result of the Pre-Consultation, an informative health consultation. This consultation is a process in which general information about symptoms, medical conditions, or health concerns is gathered from publicly available sources and historical medical background. This consultation does not constitute a medical diagnosis, treatment, or prescription, and does not replace consultation with a healthcare professional. Its purpose is to offer preliminary guidance so that the User can understand possible causes or factors related to a health problem and to suggest a consultation with a general practitioner or a specialist who can address their case.

Therefore, a prediagnosis is not a definitive diagnosis, but rather a hypothesis that must be validated, corrected, or ruled out by a physician through a consultation and a definitive diagnosis. The sole purpose of a prediagnosis is, therefore, to facilitate the consultation with a physician and the subsequent diagnosis. Any health-related decision should be based on the evaluation of a licensed physician, a professional with the training and tools necessary to appropriately diagnose and treat medical conditions.

Consultation : This is an evaluation performed by a licensed physician. During this appointment, the healthcare professional reviews the user’s health status, listens to their symptoms, asks additional questions, and, if necessary, orders tests to obtain more information.

Diagnosis : This is the final medical conclusion reached by the physician or healthcare professional after the consultation. It is based on the physician’s evaluation, tests (if necessary), and/or any other information available to the physician and deemed relevant, according to their professional judgment. Based on the diagnosis, the physician will inform the user about the treatment, medication prescriptions, and/or the steps to be taken to address their case.

Physician or health professional : A person with academic training and official certification to evaluate, diagnose, treat, and prevent illnesses or health problems, in accordance with Colombian law. They can specialize in various areas, such as general medicine, pediatrics, cardiology, dentistry, physical therapy, nursing, among others. Their work is based on scientific knowledge and ethical principles to protect people’s health. They are solely responsible for patient treatment, consultation, and diagnosis.

3. Use of the Platform

3.1. Registration or enrollment.

To register on the Platform, you must be of legal age and legally reside in Colombia. Those interested in registering must go to the registration section and be immediately redirected to the registration form. They must complete basic information, including the following: username, legal identification number and type, password, first name, last name, email address, country, department, city, address, telephone number, email address, cell phone number, and date of birth. Once the above information has been entered, the User will create their username and password and will be responsible for using them properly.

The Platform may be used by natural persons who meet all of the following requirements, in addition to any other requirements established in the Terms and Conditions: (i) be of legal age; (ii) have an identity document legally issued in Colombia; (iii) legally reside in Colombia; (iv) accept the Terms and Conditions; (v) agree to the processing of their personal data in accordance with the Terms and Conditions; and (vi) create a username and password. Those who meet all of the above requirements will be understood as “Users.”

3.2. Use of credentials within the Platform

Passwords are personal and non-transferable. The User is fully responsible for treating their password confidentially and properly safeguarding it, preventing access to it by third parties not expressly authorized by Medintia. The User agrees to be fully responsible for any financial and other consequences arising from any misuse of the Platform password and/or its use by unauthorized third parties.

Therefore, the User agrees to inform Medintia no later than one business day after the loss or theft of the password, unauthorized use of the password by third parties, or any circumstance that Medintia should be aware of in order to prevent fraudulent acts against the User, Medintia, or third parties.

3.3. User Behavior

The User agrees to use the Platform in accordance with Colombian law, these Terms and Conditions of Use, and the information and instructions provided by Medintia, and in compliance with public order, morality, and good customs.

The User guarantees the authenticity and veracity of all personal data and information provided to complete the subscription or registration form. Likewise, the User undertakes and is responsible for keeping all information provided up-to-date, thereby enabling the treating physician to provide better service. When the User enters or incorporates any information into the Platform, they guarantee to Medintia that the information is complete and accurate, that they own all rights to it, and/or that they are authorized to provide it, as applicable.

Use of the Platform is only permitted for persons over 18 years of age. In this regard, and in accordance with the principle of good faith, it is understood that by using and/or creating a User on the Platform, you are declaring that you are of legal age, and therefore, Medintia shall not be liable for the veracity of such declaration.

By accessing the Platform, the User agrees to refrain from performing the following actions:

  1. Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in support of terrorism, or, in general, contrary to the law or public order;
  2. Introduce computer viruses into the network or perform actions that could alter, damage, interrupt, or cause errors or damage to electronic documents, data, or the physical and logical systems of the platform or third parties; as well as hinder other Users’ access to the platform and its services through the massive consumption of the computing resources through which the Platform provides its services;
  3. Attempt to access the email accounts of other Users or restricted areas of the Platform’s or third-party computer systems and, where applicable, extract information;
  4. Violate intellectual or industrial property rights, as well as violate the confidentiality of information belonging to Medintia or third parties;
  5. Impersonate any other User;
  6. Reproduce, copy, distribute, make available, or any other form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
  7. Collect data for advertising purposes and send advertising of any kind and communications for sales or other commercial purposes without your prior request or consent;
  8. Accessing confidential documents or health data of persons for whom you are not authorized by law or convention to do so;
  9. Providing false information about yourself, your family group or the person you represent, as well as omitting data necessary for the proper provision of the service;
  10. Misuse of the Platform, which is contrary to the Law, morality and/or good customs;
  11. Perform actions intended to cause damage or interruption of the Platform service.
  12. Not to send or post in any way unauthorized commercial communications (such as spam) on the Platform;
  13. Not to collect content or information from other users, nor to access the Platform by any irregular method, using automatic means (such as harvesting bots, robots, spiders or scrapers);
  14. Do not request information from other Users or access other Users’ information;
  15. Do not harass, intimidate or bully any User;
  16. Do not publish content that violates the rights of any human being (child, adult or elderly);
  17. Do not use the Platform for unlawful, deceptive, malicious or discriminatory acts;
  18. Do not perform any action that could disable, overload, saturate or in any way affect the correct functioning of the Platform, such as a denial of service attack;
  19. Not permit or encourage the violation of these Terms and Conditions;
  20. Not to post, upload, send, copy, download, distribute or transmit any text, graphics, files, images, software, music, databases, audio, video clips, information or other material that infringes any patent, copyright, trademark, trade secret, moral rights or other intellectual property or privacy rights;
  21. In general, do not take any action that goes against the Law and these Terms and Conditions.

Any User who violates any of the conditions contained in these sections will be liable for any damages of any kind that may be suffered by Medintia, another User, or any third party who is harmed by this action or omission.

3.4. Loss of User Quality

User status will be lost at any time the registered User engages in any action considered to violate these Terms and Conditions, or any conduct contrary to Colombian law, public order, or good morals. Medintia is empowered to close a User’s account and remove them from the Platform if, in its judgment, the User has violated these Terms and Conditions or the Law, or if there is reasonable evidence that such a violation may occur.

3.5. Registration and use of the Platform for minors under 18 years of age and older adults

Minors under 18 years of age may not register as Users of the Platform themselves. Therefore, if the parents or legal guardians of the minor wish to use the Platform to process authorizations, request appointments, among other things, for minors in their care, they must express their consent to the conditions described herein and provide the minor’s personal information required for the Platform’s functionality. The Consultations and Services they purchase must be managed through the Platform by their legal representatives, who must also be present at all times. Parents, legal representatives, or guardians who are legally responsible for minors will be solely responsible for ensuring that the minor does not breach the Terms and Conditions and will assume full responsibility for the performance of the Consultations, Services, and Diagnostics.

In cases of representation due to legal incapacity or family relationships (for example, if an adult child wishes to manage the account of their elderly parents or a parent wishes to manage the account of their minor child), legal representatives or guardians, as the case may be, will have the opportunity to open an account and use the platform’s services on behalf of these Users, for which they must guarantee that they have the capacity to do so. In this event, the person accessing the platform as a representative is obligated to comply with all of the User’s obligations contained in this document.

4. Intellectual property

All trademarks, trade names, distinctive signs, industrial designs, utility models, patents, services, content, and information of any kind appearing on the Platform are the exclusive property of Medintia and/or have been licensed to Medintia. Therefore, they may not be reproduced, distributed, publicly communicated, transformed, modified, or used in any way without Medintia’s express prior authorization. Therefore, the User shall refrain from using in any way the trademarks, trade names, distinctive signs, industrial designs, utility models, patents, and other elements subject to Medintia’s intellectual property.

All content on the Platform, such as text, photographs, graphics, images, icons, technology, software , as well as its graphic design and source codes, constitute a work whose property belongs to Medintia , without any of the exploitation rights over them being understood to be transferred to the User, beyond what is strictly necessary for the correct use of the Platform.

Likewise, all trademarks, trade names or distinctive signs of any kind that appear on this platform are the property of Medintia , and use or access to the same cannot be understood to grant the User any right over them.

The User is prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, storing, creating derivative works, disclosing, assigning, selling, and generally using commercially any information, software, images, products, or services that form part of the Platform.

The User may not reproduce, disassemble, decompile, and/or reverse engineer the Platform or its software. Therefore, the User accepts that any use of the Platform outside of fair uses under intellectual property law will be considered bad faith, with the clear intention of harming Medintia or a third party and thereby obtaining a benefit for themselves or a third party.

If the User infringes another person’s intellectual property rights, or if Medintia receives information about a potential infringement of third-party rights, Medintia shall be entitled to immediately delete the offending User’s information, terminate their account on the Platform, and seek compensation for any damages caused to the Administrator as a result of the infringement.

5. Availability and continuity

Due to the characteristics and technological requirements of the Platform, there may be problems with the availability or continuity of access to and use of its services, as well as the occurrence of technical failures in the network access servers. Therefore, the User understands and accepts that in the event of failures in the Platform due to the unavailability of the service due to force majeure, errors in the telematic data transfer networks, or due to causes beyond the control of Medintia, Medintia will not be liable for damages of any nature that may be caused to the User and, to this extent, exempts Medintia from any liability related to the consequences of the occurrence of such events.

Access to the information and services provided by the Platform is, in principle, for an indefinite period. Notwithstanding the foregoing, access to the Platform may be suspended or terminated at any time if any violation of computer security schemes is verified or if impersonation of the User is detected. Therefore, Medintia will not be liable for the removal of the Platform or the suspension of the provision of services through it.

If the User’s membership in Medintia is terminated or the User status is lost for any reason, the User will not be able to use the platform.

6. Specific obligations regarding the User’s health

The User accepts and understands the nature of the Platform and the services provided through it, both by Medintia and the Doctors, and therefore understands that:

  1. The Platform does not provide any type of medical diagnosis. The Pre-consultation and Pre-diagnosis service is merely for guidance only. Therefore, the User should consult a doctor if they have any symptoms or health problems and should follow the treating physician’s instructions.
  2. The assessment performed in the Pre-Consultation and Pre-Diagnosis is provided for informational purposes only and should not be construed as specific instructions for individual users or as a substitute for clinical advice, diagnosis, or treatment.
  3. The Platform’s Pre-diagnosis and Pre-consultation services are for informational purposes only. This is not a medical consultation, and these services are not a suitable substitute for the advice of a physician or healthcare professional.
  4. Neither the Platform nor Medintia provides diagnoses for medical conditions, nor does it prescribe how to treat any medical problem you may have. This can only be done after consulting a medical professional.
  5. Even though these evaluations are conducted based on clinical protocols, they do not constitute clinical consultation or care, or medical advice or diagnosis.
  6. The User should always consult a qualified professional physician with any questions they may have regarding their health.
  7. Under no circumstances should the User cancel a medical appointment or disregard the recommendations of a Physician based on information they have read or received on the Platform and/or through the Pre-diagnosis and Pre-consultation services.
  8. Ultimately, if the User has any medical issues related to the information they have entered into the Platform, the User is solely and exclusively responsible for whether or not they decide to consult a medical professional and/or seek the advice of a Physician.
  9. The user should not take any action based on the information provided in the Platform’s Pre-diagnosis and Pre-consultation services without first consulting with a physician or other medical professional who can corroborate, add to, modify, or correct this information.
  10. Medintia will attempt to offer the User a range of options for the time and date of their Consultation with a Physician, but cannot commit to offering consultations within a specific timeframe or ensuring that a specific professional will be available at a specific time. Physician schedules are managed directly by healthcare professionals through the Platform.
  11. The Platform may record the audio of all Consultations to ensure we provide the User with the best possible service. To learn more about how we use this information and how we protect your privacy, please see Medintia’s privacy policy.
  12. Medintia is not committed, under any circumstances, to a specific outcome regarding the User’s healthcare.
  13. If you feel you were unable to clearly explain your medical needs during a consultation, speak with a professional in person. If you have concerns about any advice you received, you should schedule another appointment to discuss it.
  14. If you experience a medical emergency, you should immediately contact your local emergency services. Users understand and agree that the Platform does not have access to, nor provide, emergency services, directly or indirectly.

7. Exclusion of liability

Medintia provides the Platform to the User “as is,” “with all faults,” and “as available,” and the User assumes all risks associated with its use. Medintia shall not be liable for any damages, loss of business, income, or profits, consequential damages, lost profits or business opportunities, lost savings, or loss or damage to data, nor shall it be liable under any circumstances for: (a) any costs, fines, penalties, indemnities, charges, damages, or fees arising from the User’s failure to comply with its obligations under the Terms and Conditions; and/or (b) the User’s violation of any rules that may be applicable to the use of the Platform.

Therefore, the User is and will be solely responsible for: (a) their use of the Platform; (b) full compliance with any regulations that may be applicable due to or in relation to the use of the Platform, including, but not limited to, the Terms and Conditions contained therein, provisions regarding data protection, confidentiality, secrecy of communications, protection of intellectual property, and the right to privacy.

The User exempts Medintia from any liability for damages of any kind that may be caused by, or that may be due to, the presence of viruses or other malicious codes in the contents that may cause any type of damage to the User’s computer system, electronic documents or files, including, but not limited to, “computer viruses”, “worms”, “Trojan horses”, errors in functionality and operation (“bugs”), “time bombs”, “cancelbots”, “Spyware”, “phishing”, “dialers”, “hoaxes”, “jokes”, etc.

The User understands Medintia’s limitations of liability, in accordance with the conditions explained in the Terms and Conditions, and in particular under the provisions of Section 6 of this document. Therefore, the User understands that Medintia will not, under any circumstances, be liable for the User’s use of or comparison of the information provided in the Pre-diagnosis and Pre-consultation to a definitive Diagnosis. The User understands and accepts that a physician or healthcare professional is the only person sufficiently qualified to prescribe a treatment or make a Diagnosis; therefore, Medintia will not be liable in cases where the User disregards the obligation to take no action based on the information provided in the Pre-diagnosis and Pre-consultation without first consulting with a physician or healthcare professional.

The User understands that since the Pre-Consultation and Pre-Diagnosis services are merely indicative and partial, Medintia will not be liable, either civilly or commercially, for any improper use the User may make of the information received through these services.

In the event that the User experiences any inconvenience arising from treatment or a diagnosis made by a physician, the User understands and accepts that the physician will be solely responsible to the User, and therefore, the physician will be liable for any damages or losses caused. In this scenario, Medintia’s responsibility and obligation will be limited to sharing the treating physician’s contact information so that the User can address their complaint or request directly to the physician.

Medintia has rules and procedures, as well as restrictions on access and use of information, ensuring that only highly qualified and competent personnel handle sensitive databases, complying with the protocols for handling this information. However, it is not responsible for any violations of any applicable regulations that Users may incur when accessing the Platform and/or using the information contained therein. It is also not responsible for any illegitimate use that third parties may make of the information contained therein.

8. Registration of payment methods

The User may use the tokenization gateway type electronic collection channel, in the channels available on the Platform, through which they may register credit or debit cards from some franchises, Nequi, Daviplata, Dale, Mercadopago (PSE), transfers via Efecty or PSE, and others that are included within those issued by financial entities duly authorized by the Colombian Financial Superintendence (Superintendencia Financiera de Colombia).

By registering electronic collection as a payment method on the Platform, as well as on other virtual channels that may be enabled in the future for this collection method, the User will be able to make direct payments for the services they request within the Platform.

The User understands and acknowledges that the financial data recorded on the Platform is fully encrypted and, consequently, only the bank that issued the corresponding credit card will have access to it. Therefore, Medintia is not responsible for or in charge of the processing of said data or its security.

The User accepts and acknowledges that, if payment for a service has been authorized via direct debit, the payment obligation will remain in effect if there is insufficient credit on the credit card to cover the payment, or if the corresponding financial institution cannot debit the corresponding installment for any reason. Therefore, by accepting these Terms and Conditions, the User agrees to verify with the corresponding financial institution that the debit has been made to their credit card in a timely manner and, if this is not possible, will make the payment using any of the methods enabled by Medintia. If payment is not effectively made to Medintia within the contractually established timeframes, the contractual conditions regarding late payment, set forth in the service contract in force between the User and Medintia, may apply.

The User assumes responsibility for any errors or inaccuracies in the information entered into the electronic collection platform available on the Platform. Therefore, Medintia does not guarantee the accuracy, veracity, reliability, or up-to-date nature of the information included on the Platform.

9. Right of withdrawal

The User accepts and acknowledges that the right of withdrawal contemplated in Law 1480 of 2011 (Consumer Statute) does not apply to payments made electronically for periodic installments of service contracts, taking into account that the services subject to said contracts are exempt, since they are provided in accordance with the agreement with the User and are executed immediately upon signing the contract. In the event that the User exercises the right of withdrawal and payment for the service has been made, the money paid will be refunded without any type of discount or retention, within a term of no more than thirty (30) calendar days, counted from the moment the right is exercised.

10. Applicable legislation and partial nullity

These terms and conditions of use shall be governed by Colombian law, and the competent jurisdiction to hear any claim arising from the use of the platform shall be the Courts and Tribunals of the Republic of Colombia.

If any section or clause included in these Terms and Conditions of Use were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part thereof that is null or ineffective, with the remaining part of the Terms and Conditions remaining in force.

11. Processing of personal data

11.1. Authorization for processing and purposes

By accepting these Terms and Conditions of Use, the User voluntarily, previously, explicitly, informedly and unequivocally authorizes Medintia SAS to process his or her personal data.

Medintia informs the User that health data is sensitive data and therefore authorization for its processing is optional, not mandatory. Taking the foregoing into account, the User is informed that health data contained in laboratory tests, service authorizations, and/or other data contained in the medical history, as well as other sensitive data such as voice, may circulate on the Platform. Therefore, by accepting these Terms and Conditions, the User is authorizing the processing of their personal data and/or sensitive personal data, including all sensitive data circulating on the Platform. Therefore, if, once this is known, the User decides not to authorize the processing of their health data, they must not accept these Terms and Conditions and, therefore, may not use the Platform.

Having made the above clarifications, by accepting these Terms and Conditions, the User authorizes the processing of his or her personal data, including sensitive data, for the following purposes:

  1. Register and create a Platform User.
  2. Collect, use, transfer, store, consult, and process your personal data for the purposes of carrying out its corporate activities.
  3. Fulfill the purposes of the relationship between the User and Medintia, as well as the activities derived from Medintia’s corporate purpose.
  4. Sending information related to the goods and services offered or provided by Medintia, through any of the channels implemented by Medintia.
  5. Contact and sending information about the provision of health services through telephone, electronic (SMS, chat, email, and other electronic means), physical and/or personal means.
  6. Sending notifications about changes or improvements to the service provision scheme, notices, health and loyalty programs, or information about its products or services in accordance with applicable law.
  7. Send information related to health promotion and prevention programs.
  8. Comply with Colombian or foreign law and orders from judicial or administrative authorities.
  9. Conduct risk analyses and satisfaction surveys regarding the goods and services offered by Medintia.
  10. Transmit the personal data being processed to suppliers or third parties acting on behalf of Medintia in said processing.
  11. Transmit the personal data being processed to the commercial establishments with which agreements are signed to provide benefits to Medintia Users.
  12. Disclose and transfer your personal data within and outside the country.
  13. Disclose and transfer your personal data to third parties within and outside the country, provided that the transfer is made solely for the purpose of providing healthcare services or in compliance with an order from a judicial or administrative authority, and when the third parties are subject to legislation with adequate levels of personal data protection, in accordance with Colombian law.
  14. Consult any public or private entity, doctor, hospital, laboratory, insurance company, prepaid medical insurance company, or health promotion entity (EPS) to access information about your health status; therefore, you authorize said entities to provide Medintia with a copy of all requested information.
  15. Medintia may process your personal data for statistical and research purposes, for risk assessments, to provide information to trade associations for conducting studies related to the administration of health sector information systems, and for the development of new products and services.
  16. Receive commercial and advertising information related to the services offered by Medintia.
  17. Collect and process sensitive personal data related to my health status, given my status as a Medintia User, as well as data related to my medical history, lifestyle information, and other data necessary or appropriate exclusively for the purposes of providing health services and other activities of the Social Security Health System and compliance with the regulations governing it. Sensitive personal data will be maintained and processed with strict security and confidentiality for the aforementioned purposes, in accordance with applicable laws and regulations. It is clarified that the patient’s medical history is subject to legal confidentiality in accordance with the provisions of the Law.

11.2. Rights of the owner of personal data

Pursuant to the provisions of Law 1581 of 2012, Regulatory Decree 1377 of 2013, Decree 1074 of 2015 and the Information Processing Policies adopted by Medintia, the Owner of the personal data shall have the right to:

  1. To know, update, and rectify your personal data with Medintia as the Data Controller and Processor. This right may be exercised, among other things, with respect to data that is partial, inaccurate, incomplete, fragmented, misleading, or whose processing is expressly prohibited or unauthorized.
  2. Request proof of the authorization granted to Medintia to handle your personal data.
  3. To be informed by Medintia, upon request, regarding the use of your personal data.
  4. Submit complaints to the Superintendency of Industry and Commerce for violations of the provisions of Law 1581 of 2012 and any other regulations that modify, supplement, or complement it.
  5. Revoke authorization and/or request the deletion of your personal data.
  6. Access your personal data free of charge.

The User may exercise any of the rights indicated in sections 1, 2, 3, 5 and 6 of this clause by using the communication channels provided by Medintia SAS in its Information Processing Policy, that is: www.medintia.com , www.medintia.ai , www.medintia.info and/or at co******@******ia.com 

The authorization to process your personal data will remain in effect until the User informs of his/her intention to revoke it, for which he/she must use the communication channels provided by Medintia in its Privacy Policy and Personal Data Processing, which can be consulted on the page www.medintia.com , www.medintia.ai , www.medintia.info . And it is understood to be applicable for all legal purposes.

Persons acting as parents or legal representatives of minors aged 12 or over (hereinafter referred to as adult minors), by accepting these Terms and Conditions of Use, declare under oath that they have informed the adult minors about the purpose of the processing of their personal data by Medintia and certify that they are authorized by said adult minors to grant their consent to Medintia for the purpose of processing their personal data.

The authorization to process your personal data will remain in effect until the User informs of his/her intention to revoke it, for which he/she must use the communication channels provided by Medintia in its Privacy Policy and Personal Data Processing, which can be consulted on the website www.medintia.com , www.medintia.ai , www.medintia.info

II. DISCLAIMER – BETA TEST VERSION

Medintia platform (hereinafter, the “Platform”), managed by MEDINTIA SAS (hereinafter, ” Medintia “), is in a testing phase (Beta), which may be extended for the first six (6) months of operation, or for a longer period of time, if Medintia deems it necessary. This means that the Platform may present failures, interruptions, technical errors or instability in the Service.

The objective of this first testing phase (Beta) is to: (i) evaluate the performance of the Platform and its functionalities; ( ii ) gather information on errors and technical issues to improve the User experience; and ( iii ) obtain feedback from Users to optimize the service before the official launch.

During this beta testing phase, Medintia reserves the right to modify, update, or remove features of the Platform without prior notice, as well as to temporarily or permanently suspend access to the beta version or restrict functions as necessary.

By using the Platform during this trial period, Users accept that these issues may occur and that the development team will continuously work to improve the User experience and the stability of the Platform. Therefore, use of the Platform during this phase implies understanding and acceptance of these terms, without incurring any liability for Medintia for any potential impacts resulting from technical issues. Medintia appreciates the understanding and feedback from its Users during this phase, which will help us optimize the service.

By using the Platform during this first testing phase (Beta), the User expressly accepts that:

  1. It is still under development and may present a greater number of errors, failures or instability, without Medintia being responsible for this;
  2. Its operation is not 100% guaranteed and could be modified or suspended at any time by Medintia , seeking to protect the Platform Users;
  3. Its purpose is to evaluate the performance of the features, receive feedback from Users and make improvements before their official launch.
  4. Medintia does not guarantee that the Platform will operate without errors, nor that the Service will be uninterrupted;
  5. Medintia will not be responsible for any loss of information, system failures, device incompatibility, or any other inconvenience arising from the use of the Beta version;
  6. The data entered may not be retained after the end of the test and will be used solely for testing and development purposes, ensuring its protection in accordance with applicable regulations; and
  7. In any case, use of the Platform within this phase implies the User’s express acceptance of the Platform’s Terms and Conditions.

To report bugs or send suggestions during this trial period, Users can contact: co******@******ia.com

II. Specific terms and conditions of use of the Medintia SAS platform for doctors and healthcare professionals.

These Specific Terms and Conditions (the “ Specific Terms and Conditions ”) establish the conditions of use of (i ) the virtual platform contained at the addresses www.medintia.com , www.medintia.ai and www.medintia.info ; ( ii ) the application (APP) “ Medintia ”; and ( iii ) the WhatsApp channel, chatbot – virtual assistant and chat of the websites www.medintia.com , www.medintia.ai and www.medintia.info (hereinafter (i), ( ii ) and ( iii ) as the “ Platform ”), managed by MEDINTIA SAS (hereinafter “ Medintia ”) through any Healthcare Professional profile (as defined below).

Use of the Platform as a Healthcare Professional implies express and full knowledge and acceptance of these Specific Terms and Conditions, along with the Platform Terms and Conditions. If you do not accept these Specific Terms and Conditions, you may not access or use the Platform Services as a Healthcare Professional. Healthcare Professionals who do not agree to these Specific Terms and Conditions have the full right not to use the Platform as a Healthcare Professional. However, use of the Platform as a Healthcare Professional fully demonstrates the Healthcare Professional’s full, complete, and unconditional acceptance of these Specific Terms and Conditions.

To the extent permitted by law, Medintia may modify the Specific Terms and Conditions at any time and without prior notice. Each time the Terms and Conditions are updated or modified, the Professional must expressly accept the modification in order to continue using the Platform as a Healthcare Professional. If the Professional does not accept the new Specific Terms and Conditions, he or she will not be able to continue using the Platform as a Healthcare Professional. Healthcare Professionals who access the Platform through a profile that accredits them as such understand that.

  1. Definitions

Agreement: means jointly: (i) the Platform Terms and Conditions; ( ii ) the Specific Terms and Conditions; and ( iii ) their annexes, in all their versions and updates.

Commission: means the Fixed amount that will be charged for each consultation attended by the healthcare professional, which will be charged by Medintia as compensation for its intermediation services through the Platform.

Patient(s): means the User(s) of the Platform who access and use the Platform to visits, consultations or appointments with Health Professionals , regardless of the medium through which the communication is carried out visit, consultation or appointment.

Profile: means the publicly accessible personalized profile of the Health Professional , in which he or she provides information about his or her name, specialty, experience, and similar data, and through which he or she informs the general public and current or potential Patients about his or her qualities and credentials as a Health Professional, along with the services he or she offers.

Pre-Consultation : means the (non-medical) health information guidance service provided within the Platform. Through this service and by means of an advisory chat, the User can explain the type of symptoms that motivate their access to the Pre-Consultation and the Platform. During this process (which is purely advisory and powered by artificial intelligence), the Platform will provide preliminary guidance to the User through an advisory Pre-Diagnosis. The Pre-Consultation is an initial approximation to a health problem indicated by the Patient, through the description of their symptoms. Therefore, it does not replace an actual medical consultation, and its sole objective is to guide the Patient to better understand what health problem the User may be facing, suggesting a Consultation with a general practitioner or specialist in the field, who must review this Pre-Consultation information in detail through a Consultation.

Pre-diagnosis : means the general, purely suggestive, and informative recommendation made by the Platform to the User through an interactive chat as a result of the Pre-Consultation, an informative health orientation. This orientation is a process in which general information about symptoms, medical conditions, or health concerns is gathered from publicly available sources and historical medical background. The orientation does not constitute a medical diagnosis, treatment, or prescription, and does not replace consultation with a Healthcare Professional. Its purpose is to offer preliminary guidance so that the User can understand possible causes or factors related to a health problem, and to suggest consultation with a general practitioner, specialist, or other Healthcare Professional who can address their case.

Therefore, a prediagnosis is not a definitive diagnosis, but rather a hypothesis that must be validated, corrected, or ruled out by a healthcare professional through a consultation and a definitive diagnosis. The sole purpose of a prediagnosis is, therefore, to facilitate consultation with a healthcare professional and their future diagnosis. Any health-related decision should be based on the evaluation of a certified and licensed healthcare professional, a professional with the training and tools necessary to appropriately diagnose and treat medical conditions.

Consultation : means the evaluation carried out by a licensed and qualified Health Professional. , de manera presencial, o virtual por medio de la Plataforma.In this appointment, the health professional reviews the Patient’s health status, listens to their symptoms, asks additional questions and, if necessary, orders tests to obtain more information.

Diagnosis : means the definitive medical conclusion reached by the Healthcare Professional after the Consulta. It is based on the Healthcare Professional’s evaluation, examinations (if necessary), and/or any other information available to the Healthcare Professional and deemed pertinent, according to their professional judgment. Based on the diagnosis, the Healthcare Professional tells the Patient what treatment will be, what medication will be prescribed, and/or what steps to take to address their case.

Healthcare Professional(s): means a natural person with academic training and official certification to evaluate, diagnose, treat, and/or prevent diseases or health problems, in accordance with Colombian law. This professional may specialize in various areas of healthcare, such as general medicine, pediatrics, cardiology, dentistry, physical therapy, nursing, nutrition, psychology, among others, and will be linked to the Platform as a healthcare professional to offer their services to Patients.

User : means, in singular or plural, all persons (whether Healthcare Professionals or Patients) who use the Platform directly or through their representatives and who meet the requirements established in the Terms and Conditions of the Platform.

  1. Services for Health Professionals

The Platform is a contact portal under the terms of Law 1480 of 2011. Therefore, its purpose is to facilitate interaction between Patients and Healthcare Professionals , and allow them to carry out transactions and manage their medical services in an agile and secure manner. The Platform offers the following services to ConsultasHealthcare Professionals ( se inscriban a la Plataforma y pasen exitosamente el proceso de aprobación hereinafter the ” Services “):

  1. Have access to an online calendar that will allow you, among other things: (i) to publish a calendar of availability for appointments and Consultations; ( ii ) to manage appointments or Consultations with Patients and offer access to a virtual calendar; ( iii ) to send reminders to Patients and Health Professionals regarding scheduled appointments; ( iv ) to allow Patients to give opinions and ratings about the Health Professional in question; and (v) to serve as a virtual intermediary for the development of the Consultation; and (vi) to allow Patients to book appointments through digital means, twenty-four (24) hours a day.
  2. Publish expanded information about the Health Professional’s contact details (e.g., contact telephone number(s), services and prices, professional experience, audiovisual content, accepted payment methods, etc.).
  3. Enable the positioning of the Healthcare Professional ‘s profile in internet search engines, as well as on the Platform.
  4. That Patients describe to Professionals, through the Pre-consultation, the characteristics of a symptom related to the condition(s) that specifically motivate(s) the request for a professional or Consultamedical appointment.
  5. Facilitate the storage of patients’ medical records virtually.
  6. Other functionalities that are expressly included in the Platform at the time the Professional links to the Platform and/or after the link is made.

Medintia may partially or totally modify the Services offered to the Healthcare Professional, and these will remain in effect for the duration of the Contract and as long as el Perfilthe Healthcare Professional en la Plataforma no sea cancelado y/o el Profesional de la Salud is excluded from the Platform.

3. Profile of the Health Professional

To use the Platform as a Healthcare Professional, you must create a Profile associated with your account. To create the Profile, the Healthcare Professional must provide the Platform with complete and accurate information about their identity, qualifications, accreditations, registrations, and professional certifications within ten (10) days of registering on the Platform as a Healthcare Professional. If, during this period, the Profile registration is not completed, is incomplete, or Medintia finds inconsistencies in the information provided by the Healthcare Professional and/or the documents submitted, the User and their Profile will be immediately deactivated by Medintia. The Profile must not contain false or misleading information, and Medintia reserves the right to verify the identity, professional qualifications, and any relevant information of the Healthcare Professional contained in the Profile.

The Healthcare Professional agrees to: (a) immediately edit their Profile information to keep it up-to-date; and (b) add their availability to the Platform’s proprietary software that allows them to manage their schedule and include their availability for scheduling and managing visits, appointments, or consultations in the Consultation booking calendar within the Platform. Therefore, the Healthcare Professional must keep their schedule and availability up-to-date.

The Healthcare Professional authorizes Medintia to: (i) modify the content of the materials and documents provided by the Healthcare Professional, in order to prepare, enable, and/or modify the Profile; and ( ii ) create and/or update the Profile by using publicly available information. Modifications will be limited to improving the quality and accuracy of the publication, and the information will in all cases be provided by the Healthcare Professional, who will therefore be solely responsible for its content, veracity, and suitability. By accepting these Terms and Conditions, the Healthcare Professional expressly authorizes Medintia SAS and its employees to consult their registration as a Healthcare Professional in the National Single Registry of Human Talent in Health (ReTHUS).

The Profile is unique and non-transferable. Each Healthcare Professional is authorized to have a single Profile, and this Profile must be used exclusively by the Healthcare Professional. If the Healthcare Professional works for a clinic and/or medical center, the relationship between the Professional and the clinic or medical center is outside the scope of the Contract.

     4. Commission

Medintia will charge Professionals a commission for each consultation or appointment scheduled through the Platform, sea presencial o virtual, as a result of Medintia connecting the patient with the professional. This individual and specific charge for each consultation attended through the Platform will be deducted from the total value of the appointment or consultation paid by the patient through the Platform. For the year 2025, the commission will be a fixed amount of twenty-nine thousand and five hundred Colombian pesos ($29,500.00) for each consultation attended. This value will be adjusted annually based on the CPI (Consumer Price Index) or as indicated by economic and market conditions.

    5. Consultation Price and Payment for the Consultation

Healthcare Professionals will unilaterally, autonomously, and freely decide and establish the price they will charge for appointments or consultations managed through the Platform. However, payments for appointments or consultations may be made through the Platform using credit or debit cards such as Visa, MasterCard, Diners, and other options available through the payment gateway included in the Platform.

The Healthcare Professional acknowledges and accepts that Patients will pay for appointments or consultations solely through the Platform and its payment gateway. Medintia will charge a commission for each Consultaappointment attended through the Platform  o de manera presencial, and the remaining amount will be credited to the Healthcare Professional along with the corresponding balance.

Medintia will settle the appointments or consultations managed by the Healthcare Professional through the Platform every two weeks and will send the Professional the income report within the following week, along with the corresponding payment to the bank account associated with their Profile.

    6. Billing

If an invoice is required, it is the healthcare professional’s responsibility to provide Medintia with the necessary information for its issuance. Invoices will be issued in accordance with current legislation and will be sent to the email address provided by the healthcare professional for this purpose.

The Healthcare Professional accepts and acknowledges that, if an invoice is requested, it must be requested during the current month in which the corresponding Consultation is carried out. However, any modifications requiring an invoice must be requested within thirty (30) days of the invoice being issued.

    7.Communications

All communications regarding cancellations and/or suspensions must be sent to co******@******ia.com during business hours (Monday to Friday, 8:00 a.m. to 6:00 p.m., Colombian Time (COT).

    8. Rights and Obligations of Medintia

Medintia, as the owner of the Platform, clarifies the rights and obligations that apply to Medintia and the Platform, which in all cases will be interpreted restrictively:

  1. The Platform offers its Services based on the current state of the internet and the current technical, legal, and commercial framework for internet data traffic. Healthcare Professionals are aware that the quality of internet data traffic depends on these conditions and other circumstances over which the Platform has no control, and for which Medintia is not responsible. Consequently, the Platform’s right to receive payment is not affected in the event of internet failures.
  1. If the Healthcare Professional’s failure to fulfill any of their duties, responsibilities, or obligations results in the Platform being unable to perform its Services (whether in part, in whole, or on time), the Healthcare Professional may not incur any liability against the Platform. The Platform’s payment obligation will not be affected.
  1. For Healthcare Professionals who integrate the Services with a third-party provider, prior integration between the two tools, features, or platforms will be required. If, for any reason, the Platform is unable to perform the integration and such integration is necessary for the Healthcare Professional to receive the Services, the Platform may, at its sole discretion, terminate this Agreement with immediate effect without any liability to the Healthcare Professional or any third party.

    9. Obligations of the Health Professional

The Health Professional will have the following obligations, together with those inherent to the applicable legislation and the regulation of his particular profession:

  1. The Healthcare Professional must create, pay for, and maintain (including appropriate security measures) the necessary technical infrastructure (e.g., hardware, software, telecommunications, internal network, website, etc.) for the proper use and operation of the Platform. Therefore, it will be their responsibility to ensure the necessary technological elements and connections are available to ensure its proper functioning. This responsibility also applies to any links to other websites, as well as to the Healthcare Professional’s information, images, and videos.
  1. Healthcare Professionals must not share their Profile login details with third parties not authorized by Medintia and must keep them isolated and protected at all times. Healthcare Professionals undertake to inform the platform as soon as they become aware that their Profile login details are being used by unauthorized third parties. The Platform has the right to block access to the Services until the issue is resolved.
  1. The Healthcare Professional must use the Services and Platform only for the purposes set forth in the Contract. Therefore, they shall refrain from using the Services and Platform in an illegal, fraudulent, unethical, deceptive, offensive, or inappropriate manner.
  1. The Healthcare Professional must ensure that the use of the services they provide does not jeopardize the proper functioning or reputation of the Platform and/or Medintia, nor harm the functioning of the Platform’s and/or third-party systems.
  1. The Healthcare Professional must not attempt to access, decipher, decompile, disassemble, or reverse engineer any software on the Platform.
  1. To avoid data loss, the Healthcare Professional must save all information provided to them in their computer system and backup copies of all content they publish, make accessible, or receive on or through the Platform.
  1. Fully respect all rules, laws, and ethical codes governing the medical profession.
  1. Healthcare Professionals must ensure that the information they provide to Medintia, the Platform, Patients, and Users is always complete, truthful, transparent, timely, verifiable, understandable, accurate, and suitable. Therefore, they must always provide true, factual, and verifiable information. Upon any request from Medintia for documents proving this information, Healthcare Professionals must provide it within the timeframe requested by Medintia.
  1. Healthcare professionals shall refrain from lying about their professional qualifications, degrees, and accreditations regarding their profession or education, whether basic, professional, or any other.
  1. The Health Professional must keep the agenda updated within the Platform.
  1. Maintain ethical, professional, and legal conduct both on and off the Platform, both privately and publicly. Healthcare Professionals understand that their name will be linked to Medintia and the Platform, and therefore accept that, in the event of any media scandal, legal or ethical process that calls into question their professional or personal qualities, Medintia will be empowered to immediately remove their Profile from the Platform.
  1. Review in detail the information received by the Platform through the Pre-Consultation and Pre-Diagnosis, analyze and validate it, modify it, or correct it according to their own professional and individual judgment. The Healthcare Professional understands that they are solely responsible for the Patient’s treatment and must therefore treat them according to their own experience and professional judgment.
  1. Comply with these Terms and Conditions and the other documents that are part of the Contract, as well as all applicable laws, regulations, ethical and professional codes.
  1. Healthcare Professionals assume full and exclusive responsibility for the information they share with Patients through the Platform, and they agree that all publications and materials disseminated will comply with applicable laws, rules, and regulations.
  1. The Healthcare Professional shall be responsible for all compensation, administrative or judicial sanctions, and costs and expenses, including justified and documented costs of legal counsel, arising from claims arising from infringements of the rights or interests of third parties or legal provisions, related to the dissemination of advertisements, the provision of medical services, or information or materials published by the Healthcare Professional.


    10. Confidentiality

The Healthcare Professional and the Platform agree, during the term of this Agreement and for five (5) years after its termination, to maintain the confidentiality of any Confidential Information received from Medintia, Users, and Patients. “Confidential Information” means all business, operational, organizational, and technical information and knowledge that: (i) is designated as “confidential”; or ( ii ) that would reasonably be expected to be confidential.

This obligation does not apply to information that: (a) is proven to have been already known to the recipient at the time of the conclusion of the Contract or has subsequently become known through third parties, without violating any confidentiality agreement, legal regulation, or governmental order; (b) is publicly known at the time of the conclusion of the Contract or becomes publicly known thereafter, to the extent that this is not based on a breach of the Contract; (c) must be disclosed due to legal obligations or by order of a court or competent authority. To the extent permitted and possible, the recipient obliged to disclose shall inform the other party in advance and give it the opportunity to take measures against the disclosure.

    11. Consequences of non-compliance with obligations by the Health Professional

In the event that the Healthcare Professional breaches or is suspected of breaching any of their obligations under the Agreement, or any legal or ethical obligation, the Platform shall have the right to immediately restrict, suspend, or terminate the Services offered to the Healthcare Professional by removing their profile from the Platform. By removing them from the Platform, the Healthcare Professional accepts and understands that they will not receive any compensation or similar compensation.

    12. Compensation

The Healthcare Professional agrees to indemnify Medintia, as well as its partners, shareholders, investors, representatives, attorneys-in-fact, agents, legal advisors, service providers and employees from any expenses, damages and/or losses (including, but not limited to, lost profits, direct or indirect losses and/or damages, penalties, interest and reasonable attorneys’ fees) suffered by the latter due to the filing of any complaints, claims, litigation, inspections, verifications or in general, judicial, administrative or extrajudicial proceedings initiated against the Platform or the aforementioned persons arising from or in relation to: (i) Infringement of the intellectual property rights of a third party; ( ii ) breach of confidentiality obligations; ( iii ) breach of data protection obligations; ( iv ) breach of applicable law and professional regulations; (v) any harm (including physical or psychological harm) caused to a Patient by the Healthcare Professional or their staff; and/or the use of the Services by the Healthcare Professional or their staff; and/or the untruthfulness or inaccuracy of the Healthcare Professional’s statements.

The Healthcare Professional agrees to assist Medintia in defending against the aforementioned claims by submitting statements, particularly sworn statements, as well as other information, and will work to ensure that any third-party claims are asserted directly against the Healthcare Professional.

    13. Responsibility

The Platform’s and Medintia’s liability will be limited to their role as a Contact Portal. Healthcare Professionals understand that the Platform’s purpose is solely to facilitate interaction and contact between Patients and Healthcare Professionals, and that Healthcare Professionals will be solely and exclusively responsible to the Patient for any problems with the provision of Services, Consultations, Diagnoses, or any problems or inconveniences arising from these.

In no event shall Medintia be liable for any loss of profit, loss of earnings, loss of business, loss or corruption of data or information, or any indirect or consequential losses, costs, damages, charges, or expenses, however arising, under this Agreement.

Neither the Platform nor Medintia shall be liable for any action, demand, complaint, or claim initiated by Patients or third parties arising from or motivated by damages and/or losses (or even moral damages) that Patients may claim due to the provision of professional services by the Healthcare Professional.

Neither the Platform nor Medintia shall be liable for any damages related to a lack of internet connection or malfunction of the web server or other components or services provided by third parties, or for any incompatibility between the Professional’s system and the Platform.

Neither the Platform nor Medintia shall be liable for (i) the professional activity carried out by the Healthcare Professional or for the presentation of fraudulent qualifications or licenses; ( ii ) the failure of the Healthcare Professional to comply with their legal obligations for the correct exercise of their professional activity and the promotion thereof; ( iii ) the content and information provided by the Healthcare Professional; ( iv ) or for the improper use of the Platform by Healthcare Professionals.

Regarding data protection, the Healthcare Professional, as the Data Controller of Patient data, will be liable for any damages caused if the processing operations do not comply with the provisions of applicable data protection regulations. The Platform, as the data processor, will only be liable for damages caused by processing when it has been duly demonstrated that it has not complied with the obligations of the applicable privacy regulations specifically directed at data processors or has acted outside or contrary to the legal instructions of the Healthcare Professional established in the Contract, and always subject to the limitation of liability established in this clause.

    14. Patient Reviews

The Healthcare Professional understands that the Platform allows for a rating system based solely and exclusively on Patient opinions. In the event of a sustained low rating, Medintia may freely choose to exclude the Healthcare Professional from the Platform.

Although the Platform may occasionally allow Healthcare Professionals to respond to Patient Reviews, the disclosure, analysis, review, and/or deletion of Patient Reviews will be the sole responsibility of Medintia. Therefore, Healthcare Professionals understand and agree that they will have no authority over this information.

    15. Duration of the Contract, suspension and termination thereof

The Contract will have a duration indefinida,until one of the parties terminates it through written notice., con una antelación mínima de treinta (30) días calendario. Sin embargo, cuando la terminación se de por cualquier incumplimiento del Contrato por parte delHealth Professional ,this aviso no will benecesario.

The platform may terminate the Agreement early or suspend or restrict the Services in any of the following events:

  1. If you have information that leads you to believe that the Healthcare Professional lacks sufficient qualifications to practice their profession, or in the event that the Healthcare Professional breaches applicable law, their professional obligations, or the codes of conduct and ethics applicable to them, the Terms and Conditions, or any of the documents that form part of the Contract.
  1. If you detect manipulation of patient opinions, such as the presentation of a rating or opinion by the healthcare professional about themselves or their direct or indirect involvement in the writing of any false opinion.
  1. In the event of a judgment or resolution issued by a competent authority resulting in the loss of the right to practice or a permit necessary to carry out professional activity by the Health Professional.
  1. When there is conduct by a Healthcare Professional that could pose a risk, harm, or damage to a Patient, the Platform, or Medintia, or evidence of criminal behavior and/or improper behavior that could significantly harm the reputation of the Platform or third parties. “Improper behavior” means any defamatory, inappropriate, threatening, hateful behavior, or behavior that could threaten the physical or moral integrity of a Patient or other individual.


    16. Claims and requests

As part of the claims management system, the Healthcare Professional may submit claims directly to the Platform, through the advisor’s email account that the Platform assigns to their account or, failing that, to co******@******ia.com

Claims must be submitted within a maximum period of fourteen (14) business days from the date of the event that gave rise to the claim and must contain the reasons that support it.

    17. Force Majeure

Medintia shall not be liable and shall not be in breach of contract if the Platform cannot be used or the Service cannot be provided due to force majeure, including, but not limited to, fires, floods, hurricanes, storms, cyclones, earthquakes, seismic movements, strikes, wars, insurrections, riots, rebellions, closures, cyber attacks by hackers, acts of God, or other causes of a similar or different nature. 

    18. Applicable law and jurisdiction

The Parties hereby expressly agree that this Agreement shall be governed and interpreted in accordance with Colombian law.

For any dispute relating to the validity, interpretation and performance of the Agreement, the Parties expressly and irrevocably agree and consent to submit exclusively to the jurisdiction of the competent courts and tribunals in the city of Barranquilla, Colombia, and hereby expressly and unconditionally waive, to the fullest extent permitted by law, any other jurisdiction that may apply to them by reason of their current or future addresses or for any other reason.

    19.  Integrity and Prevalence

The Terms and Conditions of Use of the Medintia Platform and these Specific Terms and Conditions contain the contractual and binding stipulations between the Healthcare Professional and Medintia. If there are discrepancies between the Terms and Conditions of Use of the Medintia Platform and the Specific Terms and Conditions, the following order of precedence shall apply: 1) Specific Terms and Conditions, 2) Terms and Conditions of Use of the Medintia Platform.

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