Terms of Use

These Terms of Use govern the use of the website https://openmedical.aidatainnovate.com. OpenMedical Ltd is a health information solution designed to support users (doctors, veterinarians, nurses, pharmacists, other healthcare professionals, or patients) in managing medical situations. Relying on a rigorous, scientifically validated medical database, our tool provides clear and personalized answers to medical inquiries, while also offering support to understand various diagnoses or assess the urgency of a situation.

Although it is a valuable tool to support your decisions, it can in no way replace the expertise of a qualified and experienced healthcare professional (the OpenMedical System or the Site).

OpenMedical is not responsible for potential errors related to the information entered by the user or its interpretation. It is designed as a medical information management and decision support service but cannot substitute for the advice of a physician or other qualified healthcare professional. In case of any questions or doubts about a medical situation, it is imperative to consult a healthcare professional for reliable and personalized advice.

YOUR USE OF THE SITE IS ALSO SUBJECT TO THE PRIVACY POLICY AVAILABLE AT openmedical.aidatainnovate.com (PRIVACY POLICY), WHICH EXPLAINS HOW WE COLLECT, PROTECT, RETAIN, STORE, DISCLOSE, AND, IN CERTAIN CASES, TRANSFER PERSONAL INFORMATION ABOUT YOU THAT YOU PROVIDE THROUGH YOUR USE OF THE SITE.

You do not need to create a user account in the OpenMedical System to simply visit and browse the Site.

You must expressly authorize us to process your personal health data in order to use the OpenMedical System. You may withdraw your consent at any time by following the account deletion steps within the OpenMedical System.

After the withdrawal of your consent, your personal information will no longer be processed accordingly. However, the withdrawal of your consent does not affect the processing of your personal information that has already begun or that is carried out based on your prior consent or authorization.

General Provisions

OpenMedical allows only one account per email address in the OpenMedical System and reserves the right to limit the number of devices associated with an account in the OpenMedical System. By using this Site, you represent, acknowledge, and agree that you are at least 18 years old. If you are a minor under the laws of the country where you reside, you may only use this Site with the consent of your parent or guardian. If you are a parent or guardian of a minor, you must create an account for them in the OpenMedical System. In this context, you understand and agree that you are responsible for your child's use of the Site and the OpenMedical System, as well as for any breach of these Terms of Use committed by your child, which may result in the termination or suspension of your account in the OpenMedical System.

Account in the OpenMedical System

The Site is the portal through which you can create an account in the OpenMedical System, where your personal information, including health-related data, is stored and analyzed by you and your healthcare professional. Do not disclose any information related to your registered OpenMedical System account to anyone. You must not share the credentials and/or password of your registered OpenMedical System account. You are responsible for maintaining the confidentiality and security of your OpenMedical System account and for all activity conducted on or through it. You agree to notify OpenMedical of any security incident you become aware of or any malfunction affecting your OpenMedical System account, including suspected password compromise. OpenMedical disclaims all liability for any loss, theft, or compromise of passwords, or for any unauthorized activity on your OpenMedical System account, or for any loss resulting from or related to unauthorized use of your account initiated by you. If you already have an account in the OpenMedical System, you can log in using your email address and password. Your use of this Site is subject to these Terms of Use. It is your responsibility to ensure you have a stable internet connection and the necessary hardware and peripherals to access and use the OpenMedical System. You agree to use the OpenMedical System only in the manner expressly permitted by this Agreement. OpenMedical, its affiliates, and suppliers retain all rights, title, and interest in the OpenMedical System and in the content offered on the Site, including logos, graphics, videos, photos, software, and other elements (Materials). Subject to these Terms of Use and your compliance with them, OpenMedical grants you, and any child under your care, a limited, personal, non-exclusive, and non-transferable license to use and display the Materials and to use this Site solely in a private context. Except for the aforementioned license, you have no other rights to the Site or the Materials and may not modify, edit, copy, reproduce, create derivative works from, reverse engineer, alter, enhance, or exploit them in any way. If you, or anyone under your responsibility, violates any provision of these Terms of Use, the above license will be automatically terminated, and you must immediately destroy all downloaded or printed Materials.

Use of the OpenMedical System by a Parent/Guardian

A parent/guardian can create an account in the OpenMedical System for a child. Adults are responsible for the child for whom they create an account in the OpenMedical System. If you agree to create an account in the OpenMedical System for a child when prompted, you agree to monitor the child's use of the OpenMedical System. You agree not to use your child's email address (if they have one) to create an account in the OpenMedical System. The OpenMedical System can only create one user account per email address. If you wish to create multiple accounts, for yourself and for one or more children, you must use different email addresses. In all cases, you are required to monitor your child's or children's use of the OpenMedical System. The OpenMedical System is designed and intended for private and strictly individual use, and you agree that any account you create in the OpenMedical System for a child will be exclusively for that child and will not be shared by you or any other person. You are responsible for the confidentiality and security of your login credentials, including your password, as well as for all uses and activities conducted on or through this account. You agree to inform OpenMedical if you or your child becomes aware of a security incident or any breach affecting the account you created for your child in the OpenMedical System, including if you believe your password has been compromised. OpenMedical disclaims all liability for any loss, theft, or compromise of passwords or for any activity on your OpenMedical System account by unauthorized users, or for any loss arising from or related to the unauthorized use of the account used by your child in the OpenMedical System, whether initiated by you or the child. If you create an account in the OpenMedical System as a parent/guardian for a child or if you use the site and an account in the OpenMedical data management system on behalf of a child, you warrant that you have the actual legal authority to create an account in the OpenMedical data management system for your child and that you are legally bound by these terms of use.

Authorized Uses of Your OpenMedical System Account

If you are an adult, you must provide certain personal information, including your email address and password, to use the OpenMedical System and create your account. You agree to provide accurate and complete information during registration and while using the OpenMedical System, and you commit to entering only accurate, up-to-date, and complete information in your registered OpenMedical System account. These Terms of Use allow you to set up an account in the OpenMedical System if you are a private user, acting on your own behalf or on behalf of another adult or child, at home, for personal and non-commercial purposes, with the account being used by yourself or other members of your household. If you set up an account in the OpenMedical System on behalf of another adult or a child in your household, you must first share these Terms of Use with them and ensure they understand and accept them, as applicable.

Prohibited Uses of Your OpenMedical System Account

You agree not to use the OpenMedical System for the purpose of:

1. Upload, download, email, transmit, store or otherwise make available any unlawful, harmful, illegal, privacy-violating or generally reprehensible data;

2. Pretend to be someone else or misrepresent your identity, age, or relationship with others (including a child). OpenMedical reserves the right to reject or block any account in the OpenMedical System or any email address that may be used to falsify your identity or impersonate another person, or that has been used to hack another user's data;

3. Infringe upon any person's intellectual property rights (including by uploading any content you do not have the right to upload);

4. Upload, post, email, transmit, store, or otherwise make available any material containing viruses or any other computer code, files, or programs designed to interfere with, disrupt, or limit the normal operation of the OpenMedical System (or any part thereof), or any other software or hardware;

5. Disrupt or interrupt the OpenMedical System (including by accessing the OpenMedical System through automated means, such as scripts or web crawlers) or servers or networks connected to the OpenMedical System, or violate any policies, requirements, or regulations of networks connected to the OpenMedical System (including by using or accessing without authorization any data transmitted over these networks or by tracking such data or network traffic);

6. Reverse engineer, decompile, disassemble, decode, or modify the OpenMedical System, or create derivative works based on it or gain access to its source code, unless and only to the extent permitted by applicable law; and/or

7. Collect, store, or upload personal information, including health information, about any other user of the OpenMedical System.

Availability and Accuracy of Information

The OpenMedical System or any of its features may not be available in all languages or all countries. The OpenMedical System makes no representation regarding the suitability or availability of its services in any particular location. By choosing to access and use the OpenMedical System, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations. All data you transmit or store in the OpenMedical System relates exclusively to medical information provided by you or third parties. The OpenMedical System does not guarantee the accuracy, completeness, or reliability of the information provided, whether transmitted by the user or third parties, nor the availability of content generated from this data. In particular, the OpenMedical System makes no representation regarding the compliance of the provided information with local regulations concerning the disclosure or use of health data.

Deletion of Your OpenMedical System Account

You can delete your account at any time. Your registered account in the OpenMedical System and all information, including personal and health-related information stored in your OpenMedical System account, will be deleted upon receipt and processing of your deletion request, unless there is a contractual or legal obligation to retain your information in our databases. Please note that processing your request may take up to 72 hours. A parent/guardian may request the deletion of an account used by their child in the OpenMedical System. OpenMedical is under no obligation to retain/store or back up your account in the OpenMedical System. It is solely your responsibility to retain/manage/store and back up (in electronic and/or paper format) all data you wish to preserve. OpenMedical assumes no liability if your information is accessed, used, or modified without your authorization. If you email, back up, screenshot account-related information, or otherwise share your personal information or reports with third parties, such information may not be encrypted, and OpenMedical cannot guarantee its confidentiality or security. You must take any measures you deem necessary to protect the security of this information. Unless otherwise required by law, you agree that your registered account in the OpenMedical System is non-transferable, and any rights you may have to maintain an account or store data in the OpenMedical System will terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated in the OpenMedical System, and all information it contains may be deleted. For more information, please email support@openmedical.aidatainnovate.com. If you have chosen to share your OpenMedical System account information with your healthcare provider, family members, and/or friends, deleting your account will prevent these individuals from accessing your glucose results. OpenMedical reserves the right to delete accounts in the OpenMedical System after six months of inactivity. We will attempt to notify you in advance to allow you to take the necessary steps to keep your account active and maintain access.

Links to third-party sites

This Site may be linked to other websites that are not controlled or operated by OpenMedical (collectively referred to as Third-Party Sites). Certain sections of the Site may allow you to interact and/or conduct transactions with these Third-Party Sites and, where applicable, enable you to configure the privacy settings of your account on the Third-Party Site to share activities you perform on this Site with contacts registered in your Third-Party Site account. In some cases, you may be redirected to a Third-Party Site via a link while still appearing to be on this Site. In any case, you acknowledge and agree that Third-Party Sites may have different privacy policies, terms of use, and/or business practices than OpenMedical, and that your use of such Third-Party Sites is governed by their respective privacy notices, terms of use, and/or user guidelines. Furthermore, you acknowledge and agree that your use of these third-party sites is governed by the privacy notice, terms of use, and/or user guidelines of said third-party sites. By using this Site, you accept all terms of use, user guidelines, and privacy policies of third-party sites. OpenMedical provides links to Third-Party Sites for your convenience but does not verify, make any representations about, or assume any responsibility for such Third-Party Sites, including, without limitation, regarding the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or other activities conducted on or through these Third-Party Sites. You agree that OpenMedical shall in no way be responsible, directly or indirectly, for any products, services, information, resources, and/or content available on or through any third-party site, for any transactions or communications with third parties, or for any related harm, damage, or loss caused or allegedly caused by or in connection with the use of or reliance on the content or business practices of any third party. Any reference on the Site to products, services, publications, institutions, or organizations of third parties, whether corporate or individual, does not constitute or imply any endorsement or recommendation by OpenMedical.

Medical Advice

The OpenMedical System is designed to provide general medical advice, diagnostic and therapeutic suggestions, and recommendations based on validated medical data. However, it is not intended to establish a diagnosis or perform screening. If you have concerns about a health issue, it is imperative to consult a doctor or other qualified healthcare professional. Users should never disregard the recommendations of a healthcare professional or delay medical consultation based solely on information obtained through the OpenMedical System. While the OpenMedical System provides analyses and advice based on rigorous medical data, it should in no way replace personalized medical follow-up. It is essential to follow the instructions of your doctor or another qualified professional if you encounter abnormalities in your medical results or changes in your health status. The OpenMedical System is not responsible for direct patient care or treatment modifications. The OpenMedical System assists you by providing data, analyses, and supplementary information, but the ultimate responsibility for discussing this information, interpreting results, and making treatment or testing decisions lies with you, your doctor, and qualified healthcare professionals. The OpenMedical System does not recommend or endorse any specific test, product, procedure, or opinion. If you choose to act on information provided by the OpenMedical System, you do so at your own risk.

No Medical Records

The information made available to you through the OpenMedical System does not constitute an electronic medical record. If you deem it necessary to include in your medical records any information contained in your OpenMedical account at your sole discretion, you may reproduce this information by printing it.

Disclaimer of Warranties

You expressly acknowledge and agree that your use of the OpenMedical System is at your sole risk and that, to the extent permitted by law, you assume full responsibility for all risks concerning its ability to provide satisfactory quality, performance, accuracy, and operation. The OpenMedical System is designed to facilitate access to medical data and provide useful information for its analysis. All content provided by the OpenMedical System is intended solely to enable better understanding of medical data and to support users in interpreting this information. While OpenMedical considers the data displayed in the OpenMedical System to be accurate at the time of transmission, OpenMedical makes no representations, express or implied, regarding the accuracy, completeness, or timeliness of the information. Some of the above warranty exclusions may not be effective in certain countries/states or provinces/jurisdictions, and therefore may not fully apply to you. OpenMedical shall not be liable to you for any potential errors, omissions, or delays in information transmission, or for any interruptions in the connection between telecommunication systems and the OpenMedical System. To the fullest extent permitted by applicable law, OpenMedical (its affiliates and third-party providers) makes the OpenMedical System available to users as is and as available, with all faults and defects and without any other warranty of any kind, and hereby disclaims all other warranties and conditions, whether express, implied, or statutory, including but not limited to warranties of title and non-infringement, and all implied warranties, obligations, or conditions of merchantability, fitness for a particular purpose, and absence of viruses. No information, whether oral or written, provided by OpenMedical or an authorized representative of OpenMedical shall be construed as creating a warranty. OpenMedical, its affiliates, and third-party providers do not warrant that the functions contained in the OpenMedical System will meet your requirements or that the operation of the OpenMedical System will be uninterrupted or error-free. Some countries/states and provinces/jurisdictions do not allow the exclusion of implied warranties or limitations on the duration of implied warranties. Therefore, the above exclusions may not fully apply to you. To the extent that applicable law requires OpenMedical to provide warranties, you agree that the scope and duration of such warranties shall be the minimum required under such laws. OpenMedical provides no warranty and makes no representation regarding third-party hardware or software and disclaims all liability for any potential failures thereof. OpenMedical disclaims any liability that may result from legal actions or claims against OpenMedical or its affiliates, agents, or assignees, or other third parties, in connection with the application of these terms and conditions. Some countries/states and provinces/jurisdictions do not allow warranty exclusions. Therefore, the above exclusions may not fully apply to you.

Limitation of Liability

Notwithstanding any losses you may incur and to the fullest extent permitted by law, the total liability of OpenMedical, its affiliates and suppliers under these terms of use or in connection with them and your sole remedy will be limited to repairing or correcting any defects in the OpenMedical System. To the fullest extent permitted by applicable law, OpenMedical, its affiliates or suppliers shall in no event be liable for damages, including special, incidental, indirect or consequential damages (including but not limited to damages resulting from loss of profits, loss of data or other information, business interruption, personal injury, privacy violations resulting from or related to the use or inability to use the OpenMedical System, third-party software and/or third-party hardware used or that may be used with the OpenMedical System, losses caused by viruses or other technologically harmful material that may infect your device due to downloading the mobile application/content/a website linked to the OpenMedical System, or more generally in connection with any provision of these terms of use), even if OpenMedical, its affiliates or third-party suppliers have been advised of the possibility of such damages and even if the remedy fails of its essential purpose. If an error in the OpenMedical System causes computer problems and associated data loss, you alone are responsible for implementing appropriate backup plans and protection systems according to your needs. For these commercial reasons, you understand and accept the liability limitations set forth in this section and acknowledge that without your consent to this provision, the applicable fees would likely be higher. Some countries/states and provinces/jurisdictions prohibit or limit the exclusion or limitation of liability for incidental or consequential damages, so the limitations or exclusions in this section may not fully apply to you and any liability must, to the maximum extent possible, be assumed in accordance with applicable law. Except for information you share with your healthcare provider through the OpenMedical System, when you choose to share your personal information, including health information, from your registered OpenMedical System account with third parties, including third-party applications, you acknowledge and agree that, to the fullest extent permitted by law, neither OpenMedical nor its business partners are responsible for your decision to share and/or disclose your personal data, including your health information. Furthermore, you hereby release OpenMedical and its business partners from any liability that may result from the collection or other processing of your personal information by the third parties in question.

Indemnification

You agree to indemnify, defend, and hold harmless OpenMedical, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, and licensors from and against all claims, demands, liabilities, losses, costs, and expenses (including attorneys' fees and other expert intervention costs) made by third parties, incurred by or imposed upon them due to, or in connection with, any breach of these Terms of Use or of laws, regulations, or third-party rights, including their copyright or intellectual property rights, committed by you or by other members of your household or organization, or more generally in connection with your or their use of the OpenMedical System, resulting from negligence, omission, or intentional misconduct.

License

OpenMedical does not claim ownership of the data you transmit or submit to the OpenMedical System. By disclosing your personal information to OpenMedical, you grant it a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, and translate the relevant information for the purpose of providing you with the OpenMedical System. OpenMedical may create, consult, retain, and use, or disclose to third-party researchers, aggregated, non-identifiable or anonymized information (or pseudonymized, to the extent permitted by applicable law) from the OpenMedical System for research purposes, to evaluate how the OpenMedical System is made available to users, to assess its use and various components and equipment, to evaluate its performance, to improve the operation of the OpenMedical System, to validate upgrades to the OpenMedical System, or to develop new products. You agree that the license granted herein authorizes OpenMedical to take such measures.

Feedback

Any data, comments, or documents you communicate through the OpenMedical System or provide to OpenMedical to obtain assistance, including feedback such as questions, comments, suggestions, etc. (Feedback), will be considered non-confidential and non-exclusive. OpenMedical assumes no obligation of any kind regarding such Feedback and shall be free to reproduce, use, disclose, exhibit, display, or transfer the Feedback, or distribute it to third parties, or create derivative works from such Feedback, without limitation, except for health information and personal data that may be included in the Feedback. Furthermore, OpenMedical shall be free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such Feedback.

Trademarks

OpenMedical and any associated marks are trademarks of OpenMedical in various territories. Other trademarks belong to their respective owners. No license or right, explicit or implied, is granted to you regarding the aforementioned trademarks, and you also agree not to remove, conceal, or modify any proprietary notices (including those relating to trademarks and copyrights) that may be affixed to or contained within the OpenMedical System. No use of OpenMedical's trademarks, trade names, or trade dress may be made without prior written authorization from OpenMedical, except to identify the company's products or services.

Intellectual Property Rights

You acknowledge and agree that OpenMedical and/or its licensors own all rights, title, and interest in and to the OpenMedical System, including but not limited to graphical elements, user interface, scripts, and any software used to implement the OpenMedical System, as well as all software, including open-source software, or documents provided to you within or in connection with the OpenMedical System, including all applicable intellectual property rights under these terms, whether registered or not, and in any region of the world where they may apply. You also agree that the OpenMedical System contains proprietary and confidential information protected by intellectual property rights and other applicable laws, including but not limited to copyright. You agree not to use such information or data in any way except as part of using the OpenMedical System in accordance with these Terms of Use. No part of the OpenMedical System may be reproduced in any form or by any means except to the extent expressly permitted by these General Terms or applicable laws. You must not remove any product identification, copyright notices, or proprietary rights restrictions from the OpenMedical System. You expressly acknowledge and agree that access to the OpenMedical System is licensed, not sold, to you and that OpenMedical, its licensors, affiliates, and suppliers grant you a non-exclusive license to use the OpenMedical System under these Terms of Use, and that your use of the OpenMedical System is also subject to all rules or policies applied by OpenMedical's affiliates and third-party providers. You therefore agree that OpenMedical and/or its licensors do not transfer to you any ownership rights in the OpenMedical System, any intellectual property rights or other technologies, data, or elements, and that in relation to the parties' relationship, OpenMedical, its affiliates, suppliers, and licensors retain exclusive ownership of all rights, title, and interest in all aspects of the OpenMedical System, all Intellectual Property Rights and other technologies, data, or elements, as well as all copies or modifications thereof (regardless of who created them or when). All rights not expressly granted herein are reserved by OpenMedical and/or its licensors. The use of the aforementioned documents and related rights owned by OpenMedical, its affiliates, and suppliers is expressly acknowledged, unless and only to the extent that such acknowledgment is ineffective in certain countries/states and provinces/jurisdictions.

Termination of your registered account in the OpenMedical System

These Terms of Use apply as soon as you create an account in the OpenMedical System and remain valid until termination. You may request OpenMedical to delete your account from the OpenMedical System at any time. OpenMedical may suspend or terminate your account in the OpenMedical System without notice for the following reasons:

1. Any violation you may commit of these Terms of Use.

2. You have not provided accurate, up-to-date, and complete information in the OpenMedical System account.

3. You have not reported a security incident or a confirmed or suspected hacking of the password for your registered account in the OpenMedical System.

Governing Law

The General Terms and Conditions shall be governed by and construed in accordance with Belgian law. Any dispute not resolved amicably shall be submitted to the materially competent courts. In the event that any provision of the General Terms and Conditions is declared null or unenforceable, such provision shall be interpreted to best reflect the intentions of the parties, and the remaining provisions shall remain fully applicable. The failure by OpenMedical to apply or enforce any provision of the General Terms and Conditions or any of its rights shall not be interpreted as a waiver by OpenMedical of such provision or right.

Modification of the OpenMedical System Terms of Use

OpenMedical reserves the right to modify these Terms of Use at any time and to impose new terms or additional conditions regarding your use of the OpenMedical System. These modifications and additional terms will appear on screen the next time you use the Site. If you accept them, they will apply immediately. If you refuse to accept such modifications, OpenMedical shall have the right to terminate these Terms of Use, end your use of the Site, and close your account in the OpenMedical System with four weeks' notice.