Terms and Conditions of Service

Definitions

• Privacy Notice: An electronic document or a document in any other format generated by Diagnostikare and made available to the User through the Platform, prior to the processing of their personal data, in accordance with article 15 of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (Mexican Federal Law on Protection of Personal Data Held by Private Parties).
• Content: Refers collectively to all the Software and the parts that comprise it, interface, documentation, music, sounds, information, typography, downloadable content, updates and improvements, databases, services, and other elements that form part of the Platform and are related to it.
• Account: Refers to the individual account of each User, which is required in order to access the Platform by means of the validation required for such purpose by the Software, and which contains the information that identifies the User, the User’s Electronic Clinical Record, as well as any information supplied by the User to the Platform.
• Diagnostikare: Servicios Clínicos Inteligentes DXKARE, S.A.P.I. de C.V., its subsidiaries and/or affiliates.
• Electronic Clinical Record: Is the information generated by the User through the use of the Platform and which contains medical information relating to the User.
• Platform: Refers to the set of Software and other electronic, telephone or similar means through which Diagnostikare and the Providers render the Services to the Users, in accordance with these Terms and Conditions.
• Products: Refers to the medicines, laboratory tests and, in general, any other products that are offered to the Users, in connection with the Services, whether by Diagnostikare and, indirectly, by the Providers, within or through the Platform.
• Provider: Refers to third parties, individuals or legal entities, that render services to Diagnostikare, related to or necessary for the provision of the Services or the sale of Products, through the Platform, to the Users.
• Payment Method Provider: Grupo Conektame, S.A. de C.V. (Conekta) or any other payment method services provider engaged for such purpose by Diagnostikare or any Provider, for the payment of the provision of the Services and/or the Products, within or through the Platform.
• Services: Refers to all of the services rendered by Diagnostikare and which are offered to the User within or through the Platform.
• Providers’ Services: Refers to the services rendered by third-party providers of Diagnostikare that are necessary in order to render the Services and operate the infrastructure required to host, run and make the Platform available to the User.
• Software: The computer programs (set of algorithms and computational instructions), including applications and their components, as made available to the User by Diagnostikare to be used as part of the Platform.
• User: Refers to the end user (individual) of the Platform, through the access to and use of the same in accordance with these Terms and Conditions.

General information

Diagnostikare provides Users, through the Platform, with Services for primary health assistance that give answers and recommendations to the signs or symptoms reported by the Users regarding their state of health through electronic communication devices (smartphones, computers, tablets, among others), as well as the direct or indirect sale of Products, in connection with the provision of the Services. Diagnostikare’s sole objective is to provide information and advice to the Users of the Platform.

The Diagnostikare Platform is an alternative for obtaining, at any time, without the User having to travel from the place where they are located, preliminary information and recommendations related to signs or symptoms that could affect their health, as well as answers and recommendations regarding the signs or symptoms relating to their state of health, which the User reports fully and truthfully for such purpose. The answers and recommendations result from the information generated by the User. The Services rendered through the Platform do not include consultations or medical services other than those established in these Terms and Conditions, nor do they replace health care professionals in the diagnosis or care of the User’s conditions.

Warning regarding diagnoses

Except as established in these Terms and Conditions, the information presented through the Platform is for informational purposes only and in no way replaces or is intended to replace the opinion or diagnosis of a qualified physician. The use of the Platform is the User’s responsibility in accordance with these Terms and Conditions. Should you require more information about your state of health, you must consult a physician in person, or else go to the hospital or health clinic of your preference in order to obtain an assessment, diagnosis and, where applicable, the corresponding treatment.

The digital Platform must not be used in medical emergencies. In the event of a medical emergency, you must call 911 or the emergency telephone numbers of your locality.

The User shall be responsible for consulting their physician or any other health care service provider if they have questions regarding their state of health or the care of any ailment or illness. The User must not disregard the advice or recommendation of a health professional, or cancel an appointment with a physician, by relying on the information they have read on the Diagnostikare Platform.

User registration and account

Declaration of truthfulness of the User’s data: the User who accesses the Platform through the Software for the purpose of creating an Account must accept, in their capacity as User, these Terms and Conditions, as well as acknowledge the Privacy Notice and consent to the processing of their personal data, in accordance with the provisions of the Privacy Notice itself.

The User undertakes and is obliged to make appropriate and responsible use of the Platform and shall be responsible for ensuring that all data and information transmitted to Diagnostikare through the Platform is correct and truthful, warranting that they hold the necessary rights to lawfully transmit such information to Diagnostikare.

The User accepts that the Account will contain the information necessary for the provision of the Service, the Providers’ Services and the purchase of the Products, including information that could personally identify them, on the understanding that their information will be processed in accordance with the Privacy Notice.

The Account information will include that relating to the devices on which the Software is used. The User may use the Software and access their Clinical Record on up to four devices.

Confidentiality of the information: the User shall be responsible for maintaining the confidentiality of their User Account data and their password, restricting access from any technological device, and assuming responsibility for any activity carried out from their User Account, as well as for the use of their password. The User acknowledges that access to the Platform through their Account constitutes an electronic signature and that any data message or communication made through it or within the Platform shall be attributable to such User.

Data messages: the User accepts that the information they send to Diagnostikare through data messages on the Platform or by email, telephone calls or any form indicated on the Platform, shall be binding on the User as a form of express expression of their will and may be retained by Diagnostikare. The User accepts that all contracts and/or agreements, notices and other notifications and communications that Diagnostikare or the User make by electronic means or through the Platform satisfy any legal requirement of written form; the foregoing in accordance with article 89 of the Código de Comercio.

Service area: the User acknowledges that Diagnostikare has its domicile in Ciudad de México and, as of today, renders the Services within the territory of the Mexican Republic, and therefore the User acknowledges that any Service rendered by Diagnostikare through the Platform may only be carried out and shall be valid within such territory.

Use of the software

The User will interact with the Software and will obtain answers and recommendations to the signs or symptoms they have reported fully and truthfully. Once the session in the Software has ended, and where necessary, the User will be given the option of consulting a health care professional through electronic communication devices.

The User must comply with these Terms and Conditions when using the Software, such as providing complete and accurate registration information. Otherwise, any adverse result that may arise for the end User from the improper use of the Software by the User or unauthorized third parties shall be the end User’s responsibility.

The User shall be solely responsible for all costs arising in connection with their use of the device on which they use the Software, including, among others, the costs of their Internet or mobile connection.

The Software may not be compatible with all devices, connection services, or service plans. Not all Software features will be available to all Users. The availability of such features will depend on the place where the User is located, the type of device used, the service plan, and other factors or restrictions that may depend on third parties.

Diagnostikare has the power to suspend, modify, or eliminate part or all of the Software without giving notice to the User or assuming liability towards them. Diagnostikare will seek to comply with the best legal and commercial standards for the provision of the Services and the sale of the Products, as well as for the handling of information, including the Electronic Clinical Record.

The User acknowledges and accepts that Diagnostikare may make updates to the Software without requiring the User’s authorization. Updates may be used to provide features and services, and the User may require them in order to fully enjoy all the features of the Software or to continue using and accessing it and their Electronic Clinical Record. All updates to the Software shall be governed by these Terms and Conditions, unless the User is expressly notified otherwise through the Platform.

Diagnostikare intellectual property

The "Diagnostikare" trademark, the logos and designs related to it are legally registered before the Instituto Mexicano de la Propiedad Industrial (IMPI, the Mexican Institute of Industrial Property). Accordingly, they may not be used in connection with other goods, products or services, since the rights and their use are exclusive to Diagnostikare. The content of the Platform is subject to industrial and intellectual property rights, as well as copyright owned by Diagnostikare and its Providers. Everything contained in the Platform: the text, graphics, logos, icons, images, audio clips, custom graphics, original photographs, data, images, music, audio and video fragments, fonts, titles, button icons, logos, designs, software and any other content that may be considered an industrial and/or intellectual property right, are owned by or have been duly licensed by their owners or licensees in favor of Diagnostikare and are protected in accordance with the applicable legislation in force in the Mexican Republic, as well as International Treaties.

Diagnostikare grants each User a non-exclusive license, non-transferable in whole or in part, solely and exclusively to access, use and display this site and its contents on a device for the User’s individual use.

The User undertakes not to interrupt or attempt to interrupt the operation of the Platform. The Platform, its content and the Software may only be used as a means for the provision of the Services or the acquisition of the Products of Diagnostikare and/or the Providers. Any other use, including the reproduction, modification, distribution, transmission, display or performance of the content of the Platform, is strictly prohibited.

It is strictly prohibited to copy, publish, transmit, retransmit, broadcast over the internet or other analogous means, modify, delete, augment, distribute, download, store, reproduce, license, adapt, create derivative works from the content of the Platform, or publish such content or parts thereof in any manner on network computers, broadcasting media or other technologies that exist today or that may be developed hereafter for unauthorized communications or commercial use, without the prior written consent of Diagnostikare.

The User undertakes not to reproduce, duplicate, copy, sell, resell, decompile, disassemble or exploit for commercial purposes all or part of the Platform, its use and access, nor to collect information of other Users. Diagnostikare’s trademark or copyright notices may not be removed or altered in any way. Diagnostikare’s trademarks and copyrights may not be used in connection with the goods, products or services of third parties.

The Platform may contain links to sites that belong to independent third parties or that are managed by them. These links are offered solely for the convenience and reference of the User. Diagnostikare does not control such sites and is therefore not responsible for the content published on them. Diagnostikare reserves the right to cancel and/or disable such links at any time. The fact that such links are published on the Platform must not be construed as an endorsement, an authorization or a sponsorship by Diagnostikare of such sites or their content.

User-generated content

The Platform may allow you to send, receive, or share with other people the Electronic Clinical Record and other content generated by the User. The Electronic Clinical Record and other content generated by the User are governed in accordance with the Ley Federal de Protección de Datos Personales en Posesión de los Particulares and ordinary legislation. Accordingly, the Electronic Clinical Record and other content generated by the User are the property of the User and of the owners of the personal information included.

The User acknowledges that Diagnostikare must process the information for the purpose of its storage and distribution to the users of Diagnostikare Accounts in accordance with the User’s instructions and the processing of their personal data established in the Privacy Notice.

Diagnostikare assumes no liability for the Electronic Clinical Record and other content generated by the User or entered into the Platform by any third party through the use of an Account. Diagnostikare is not liable for losses of, or damage suffered by, the Electronic Clinical Record and other content generated by the User, nor for any incorrect, defamatory, slanderous, false, obscene or offensive content that has been generated by the User. The transmission or publication of the Electronic Clinical Record and other content generated by the User shall be the exclusive responsibility of the User who transmitted or published it.

The User shall indemnify Diagnostikare for the improper or unlawful use of the Software or of the Platform.

Test features and functionalities

The User acknowledges that the Software is a work in continuous development that adapts to new technologies, new devices, new programming tools, and to aesthetic and design trends. Likewise, legislation on information technology, health, intellectual property, and personal data protection, among others, may require modifications to the Software.

Consequently, Diagnostikare may provide features, content, products, or services within the Software that have not been released for general use by Users and for which testing and evaluation are being carried out. Those features and products will be identified with the names "beta", "preview", "early access", or "evaluation" (or similar terms). Notwithstanding the provisions of these Terms and Conditions, the following conditions apply to beta Services: (a) the User may accept or reject the use of any of the beta Services; (b) the User accepts that they are aware that no support of any kind is provided for beta services and that these may be modified or eliminated without prior notice; (c) the User accepts that the stability and availability of beta services do not correspond to those of the rest of the Services rendered through the Software; (d) beta services are not subject to the same security and audit measures as the regular services provided through the Software; and (e) Diagnostikare shall assume no liability arising from or related to a beta service, and therefore the User must use it at their own risk.

Health professionals associated with the platform

Diagnostikare will comply with the regulations in force governing the practice of health care professionals, which is why those who provide information and advice through the Platform will be physicians or specialists in other areas of clinical practice who hold a professional license registered before the Dirección General de Profesiones of the Secretaría de Educación Pública (the Mexican Ministry of Public Education).

The User shall be responsible and shall be entirely free to refuse to follow the answers and recommendations to the signs or symptoms reported regarding their health through the Platform. Diagnostikare will only resolve their questions and assist in helping to frame health problems, such that at no time shall the suggestions or recommendations issued by the health professionals be considered a definitive diagnosis or treatment, since the Platform in no way replaces an in-person physician. Where necessary, a review by medical personnel outside Diagnostikare or the use of emergency services will be advised.

The Services provided through the Software have as their sole and exclusive objective to serve as an information tool for the User, and therefore at no time and under no circumstances shall it be understood that the purpose or objective of the Platform is to render medical services.

Diagnostikare and the medical personnel providing the advisory services are not liable for the consequences arising from the User’s voluntary or involuntary omission of data relating to their medical history or personal data. Without the complete and truthful information provided by the User, neither Diagnostikare nor the health professionals who collaborate with Diagnostikare will be able to provide appropriate recommendations, and they have no liability with respect to the measures taken by the User by virtue of such recommendations.

In the event that the physicians providing the advisory service indicate to the User that the care or evaluation of a general practitioner, medical specialist, or any other health professional is required, it shall be the User’s responsibility to carry out the corresponding follow-up and to attend in person the aforementioned medical specialists.

Any suggestion or recommendation issued through the Platform shall be understood to be issued by the health professional, and the User is at no time obliged to follow it, and may therefore heed it or not, releasing Diagnostikare, as well as the health professionals who form part of the Platform, from any present or future liability.

It is the User’s decision and responsibility to carry out the pharmacological treatment suggested by the health professionals related to Diagnostikare. In the event that the User suffers harm to their health as a result of adherence to the preliminary information and recommendations issued by such professionals, the corresponding administrative, civil and/or criminal liability —both of the health professionals related to Diagnostikare and of Diagnostikare in its capacity as operator of the Platform— shall be dealt with in accordance with the legislation and regulations applicable in Mexico, including the Ley Federal de Protección al Consumidor (Mexican Federal Consumer Protection Law).

Payment processing

Diagnostikare and the Providers rely, for the provision of the Service and/or the sale of the Products and/or the provision of the Providers’ Services, on the Payment Method Provider, in order to facilitate the collection thereof.

Diagnostikare or the Providers will receive the payments collected through the Payment Method Provider, without having direct access to your financial information. By virtue of the foregoing, the Payment Method Provider shall be responsible for the personal information of a financial nature that it requests from the User, and therefore, by accepting these Terms and Conditions, the User releases Diagnostikare from all liability related to payment processing.

Upon providing the User’s credit or debit card information on the page, the Payment Method Provider will request the User’s consent for the processing of the personal data it has requested from them, in accordance with the Privacy Notice.

Limitation of Diagnostikare’s liability

The User acknowledges that Diagnostikare assumes no obligation or liability that is not specifically established in these Terms and Conditions. If the User suffers damage or loss directly attributable to a breach by Diagnostikare of its obligations under these Terms and Conditions, or to proven negligence of Diagnostikare or its personnel, Diagnostikare will indemnify the User in a manner equitable and proportional to the damage caused, in accordance with the provisions of the applicable legislation. The use of the Platform implies that the User acknowledges its informational scope and limitations, described in the "Warning regarding diagnoses" section of this document. Diagnostikare does not guarantee specific results derived from the use of the Platform; however, this does not release Diagnostikare from its liability for damages caused by negligence, willful misconduct or breach of its legal or contractual obligations. Diagnostikare’s liability towards the User shall be determined in accordance with the applicable legislation, including the Ley Federal de Protección al Consumidor, and may not be limited in advance in the cases where such law does not permit it.

Diagnostikare does not guarantee that the use of the Software will be uninterrupted, and is not liable for damage to the User’s equipment arising from vulnerabilities, failure to update the operating system, or lack of licenses for software installed on the User’s equipment, provided that such damage is not attributable to Diagnostikare. This limitation does not restrict the User’s right to exercise the legal actions available to them in accordance with the applicable legislation.

Changes to the terms and conditions

Diagnostikare has the power to modify or update these Terms and Conditions unilaterally. When it does so, it will publish the modified or updated version through the Platform. If the User does not accept such modifications or updates, they must stop using the Platform immediately. By continuing to use the Platform, the User confirms their acceptance of the Terms and Conditions.

Governing law and jurisdiction

These Terms and Conditions shall be governed by the applicable legislation in force in the United Mexican States. The Services and sale of Products rendered by Diagnostikare to the User shall be subject to the Ley Federal de Protección al Consumidor, the Ley General de Salud (Mexican General Health Law), its regulations and other applicable rules. For the resolution of any dispute related to these Terms and Conditions, the User may appear, at their choice, before the competent authorities and courts of Ciudad de México or before those corresponding to their domicile, in accordance with the provisions of the Ley Federal de Protección al Consumidor.