Terms & Conditions

Updated 10 April 2023

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The Medicai Platform is a solution developed by INNOVATOR ARTIFICIAL TECH S.R.L., a Romanian legal entity with its registered office in Bucharest, sector 1, Str. Mușetești, no. 29, lot 1, ground floor, room 4, apartment 42, registered with the Trade Register under no. J40/10801/2017, CUI 37862579 ("Medicai" / "We"), which can be accessed both online from desktop/laptop, through the website https://medicai.io (the "Site"), and from mobile phones, by installing the application for the iOS and/or Android system (the "Application" / “App”), which provides you, as doctors and/or patients users, with a cloud infrastructure for secure storage, viewing, and transfer of medical data and documents (including medical imaging - CT, PET-CT, MRI, mammography, angiography, ultrasound, X-ray, etc.).

These terms and conditions outline the rules for using the Medicai Platform. In this document, any reference to the Site also means a reference to the App, and the Medicai Platform, as outlined above, includes both the Site and the App.

By accessing the Site, we assume that you accept the terms and conditions outlined in this document. Please do not continue to use the Site if you do not agree to accept all of the terms and conditions mentioned in this document.

The following terminology applies to these Terms and Conditions: "User", "You", "Your" refers to you, the person who logs onto the Site and complies with the terms and conditions of INNOVATOR ARTIFICIAL TECH S.R.L.; "Medicai", "We", "Our", "Ourselves" refers to INNOVATOR ARTIFICIAL TECH S.R.L.; "Party" or "Parties" refers to both You and Us. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she, are interchangeable and therefore refer to them.

These Terms and Conditions of use may be modified at any time by us. Please read the provisions in this document carefully. A correct understanding of them is essential for the proper use of this Site. If you have any questions regarding the correct understanding of these Terms and Conditions of use, please contact us using the contact details mentioned at the end of this document. We will do our best to respond to your inquiries as soon as possible

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Cookies

The Site uses cookies. Please see the Cookie Policy, which is part of this document.

Processing of personal data

Please read the Privacy Policy regarding the processing of personal data, which is part of this document.

Assignment and subcontracting

Medicai may assign and/or subcontract a third party to provide services through the Site, without the need to inform and/or obtain the consent of the Site user.

Intellectual property rights‍

All intellectual property rights related to the Site, its development, operation, or update are our exclusive property. You agree that you will not use the information or materials from the Site in any way other than its use in accordance with the Terms and Conditions of use, as well as the applicable laws and regulations.

You also agree not to use the information or materials from the Site in a way that infringes the intellectual property rights of third parties. You may access the Site for your own personal use subject to the restrictions set forth in these terms and conditions.

You must not:

• Republish material from the Site;
• Sell, rent or sub-license material from the Site;
• Reproduce, duplicate or copy material from the Site;
• Redistribute content from the Site.

Confidentiality‍

Medicai will keep the confidentiality of any information you provide. The disclosure of the provided information will only be made under the conditions mentioned in this document and in the Privacy Policy, which is part of this document.

No public statement, advertising, press release, or any other disclosure to third parties shall be made by you regarding the relationship with Medicai without prior written consent from Medicai. By transmitting information or materials through this site, you grant Medicai unrestricted and irrevocable access to such materials and information, and the right to use, reproduce, display, modify, transmit, and distribute such materials or information. You also agree that Medicai may freely use, for its own purposes, any information, ideas, concepts, know-how, or techniques that you send us through the Site. Medicai shall not be subject to any obligations regarding the confidentiality of the information you have sent, unless otherwise specified by applicable law.

Limitation of liability

Insofar as permitted by applicable law, Medicai, its agents, representatives, and subcontractors shall not be liable for any damages of any kind, including but not limited to indirect, special, incidental, consequential damages, that you or any third party may suffer as a result of using the Site and, implicitly, the services provided by Medicai through it, or the inability to use the Medicai Platform. These exclusions include, but are not limited to, damages for loss of profits, loss of data, computer malfunction or breach of your rights by any third party, even if Medicai and its agents, representatives, and subcontractors have been advised of the possibility of such damages and regardless of the basis of the claim for damages.

Furthermore, to the extent permitted by applicable law, as long as the website and the information and services on the website are provided for free, we shall not be liable for any loss or damage of any kind.

In the maximum extent permitted by applicable law, we, both Medicai and its agents, representatives, and subcontractors, make no specific promises regarding the Site. For example, we make no commitments about the content of the Site, the specific function(s) of the Site, or its reliability, availability, or ability to meet your needs. We provide the Medicai Platform "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE."

Medicai does not guarantee the professional qualifications and experience of the doctors and medical entities (individual medical practices, clinics, polyclinics, hospitals, etc.) that use the Medicai Platform, nor the quality of medical services, their prices, etc., either express or implied.

You understand that Medicai has no control or obligation to take action regarding:

• users who access the Medicai Platform;
• content accessed by the user through the Medicai Platform;
• the effect of the content on the user accessed through the Medicai Platform;
• the interpretation or use of the content of the Medicai Platform by the user;
• actions taken by the user as a result of accessing content on the Medicai Platform;
• the content or accuracy, compliance with copyright, legality, or decency of the materials/information found on links that refer to other sites within the Medicai Platform.

Medicai shall not be responsible for interruptions in the operation of the Medicai Platform due to improvements, maintenance, lack of internet functioning, or other situations where the Medicai Platform cannot be accessed due to technical errors that are not under Medicai's control.

Additionally, we, both Medicai and its agents, representatives, and subcontractors, do not ensure that the information on the Site is correct, do not guarantee its completeness or accuracy, nor promise to ensure that the materials on the Site are up-to-date.

By creating and using an account, the user assumes responsibility for maintaining the confidentiality of their account data (email and password) and for managing access to their account, and, to the extent permitted by applicable law, is responsible for any activity carried out through their account.

By creating an account and/or using the Site and/or the services/functionality offered by Medicai through it, the user expressly and unambiguously accepts the Terms and Conditions of the Site in their latest updated version communicated on the Site.

We will not be responsible for any content that appears on your website. You agree to protect and defend us against all claims that arise on your website. No link may appear on any website that could be interpreted as defamatory, obscene or criminal, or that violates or advocates the violation of any third-party rights.

This document is binding on users from the moment it is displayed on the Site, and in the event of any changes to it, we will display the modified version on the Site, so please check the contents of this document periodically.

Content you post. Content posted by others

We may offer you opportunities to post text, photos, videos, comments, or other content (collectively, "Content") on the Site. You may only post Content if you own all the rights to that content or if another rights holder has given you permission.

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without these rights, we could not provide our services. Please note that this license continues even if you stop using the Site.

You agree to indemnify, release, and hold us harmless from any liability, claims, actions, losses, damages, costs, or expenses arising from any Content you post.

Note that if you send us any information, ideas, suggestions, or other communications, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

We are not responsible for and do not endorse any content posted by anyone else. Therefore, we cannot be held liable, directly or indirectly, for any loss or damage caused in connection with any content posted by someone else.

The Site may contain links to third-party websites. This does not mean that we control or endorse those websites or any goods or services sold on those websites. Similarly, the Site may contain advertisements from third parties. We do not control and do not endorse any advertised product.

iFrames

Without prior approval and written permission, you may not create iframes around the Site that alter in any way the visual presentation or appearance of the Site.

Your use of the Site

Please do not use the Site in a way that violates any laws, infringes on anyone's rights, is offensive, or interferes with the Site or any functionality or feature of the Site (including any technological measures we use to enforce the provisions of this document).

If we (in our sole discretion) determine that you have acted improperly, we reserve the right to remove Content, close your user account, prohibit your use of the Site, and take appropriate legal action. Your use of our Site does not grant you any ownership rights in any intellectual property rights in the content you access. You do not have the right to use content from our site unless you obtain permission from us or the owner of that content or if it is permitted by law.

When you use the Site or send us communications through the Site, you are communicating with us electronically. You agree to receive electronic communications related to your use of the Site. We may communicate with you by email or through the electronic communication methods on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you will be deemed delivered and effective when sent to the email address you have provided. Please note that by submitting Content, creating a user account, or otherwise providing us with your email address, postal address, or phone number, you agree that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Subscriptions for individual doctors and patients - users of the Site

Medicai reserves the right to modify the subscription costs for individual doctors and patient-users of the Site mentioned below at any time, with a 30-day prior notice.

Individual doctor accounts

These types of accounts are free and include 15GB of storage space. If you wish to have more storage space, please contact our sales team. Individual doctor accounts have access to the following functionalities of the Medicai Platform:

• online viewing of DICOM files
• online viewing of medical documents
• unlimited collaborators on patient cases
• investigations received directly from patients into the doctor's account, directly through the public page
• real-time chat with other doctors within cases
• requesting payments from patients (requires validation)
• one account - multiple workspaces
• data security
• public community of doctors and clinics on the Medicai Platform
• public profiles of doctors and clinics
• direct communication with the patient on the Medicai Platform
• easier distribution of cases and public cases
• notes and document signing section

Individual doctor accounts do not have access to certain functionalities of the Medicai Platform, such as:

• audio/video calls
• multidisciplinary teams
• other collaboration features

Patient accounts

Patient accounts are free and include 15GB of storage space. If you need to store more, please contact our sales team.

Your account

To use certain services or functions on the Site, as mentioned above, you need to create an account and specify a password. To create an account on the Site, you must be at least 16 years old and provide true and accurate information about yourself. Do not attempt to impersonate someone else when creating your account. If your information changes at any time, please update your account to reflect those changes.

In some cases, an account may be assigned to you by an administrator, such as an employer or medical entity. If you use or log in to an account assigned to you by an administrator, additional terms may apply to your use of the Site. Additionally, the administrator may access or deactivate your account without our involvement.

You cannot share your account with anyone else. Please keep your password confidential and try not to use it on other websites. If your account is compromised at any time, please notify us or your system administrator, as appropriate.

For additional details regarding your account, please refer to the Privacy Policy regarding the processing of personal data, which is part of this document.

The applicable law and jurisdiction

This document is subject to Romanian law. In case of any disputes, an attempt will first be made to resolve them amicably. Medicai is willing to quickly, efficiently, and amicably resolve any complaints or disputes in which it is involved, using all applicable legal mechanisms and measures. If amicable or alternative resolution of complaints or disputes is not possible, or if mutual agreement is not reached, they will be resolved by the competent courts of law in Romania, Bucharest.

Changes to the Site

We reserve the right to modify the Site at any time, with or without notification. For example, we may add or remove functionalities or features and we may suspend or terminate a certain functionality or feature altogether.

Contact details ‍

If you need assistance regarding the above, please contact us using these contact details:

• Recipient: INNOVATOR ARTIFICIAL TECH S.R.L.
• By email: contact@medicai.io
• by mail, with a registered letter and acknowledgement of receipt, to the address: Nicolae Filipescu Street no. 53-55, Room 5, 4th floor, District 2, Bucharest