PATIENT TERMS AND CONDITIONS OF USE

1. Introduction

Histora is a software as a service (SaaS) provided by Gemedata, Inc. (hereinafter, “Gemedata”), with EIN 36-5132321 and address at 2646 South Governors Ave #26461, Dover, DE 19904, United States. This platform serves as a database for dental clinical records, allowing dental clinic patients to access their dental medical data and share it with professionals from different clinics, even abroad.

These Terms and Conditions (hereinafter, the “T&C”) govern the use of Histora by the Patient as a patient (hereinafter, the “Patient” or “the Patient”). By using Histora, the Patient acknowledges that they have read and accepted these T&C in their entirety. If you disagree with any part, you must refrain from using the platform.

2. Definitions

For clarity in these T&C, the following terms are defined:

• Patient Content: Refers to all information, data, texts, documents, images (including photographs and x-rays), 3D models, analysis results and any other material that the Patient, or a Professional authorized by the Patient, uploads, sends, stores or transmits through the Platform. This explicitly and completely includes all content of your digital clinical record.
• Histora or Platform: Refers to the software as a service (SaaS) owned by Gemedata, accessible through web and mobile applications, which includes all its functionalities, databases, code, interfaces and associated technologies.
• Digital Clinical Record (DCR): Refers to the collection of your personal and dental health information stored on the Platform, which is part of the patient’s content. The DCR is the property of the Patient.
• Patient: Natural person who uses Histora to access their dental medical information and share it with professionals.
• Professional: Dentist or other dental health professional who uses Histora to consult or add data to the Patient’s record.
• Dental Clinic: Entity that subscribes to the Histora service for its professionals and patients.
• Personal Data: Any information about an identified or identifiable natural person, including dental medical data and Patient contact information.
• Artificial Intelligence: Refers to the artificial intelligence functionality integrated into the Platform, based on third-party AI solutions. Its purpose is strictly non-diagnostic support, such as content organization and provision of administrative or general guidance information.

3. Acceptance

By registering or being registered in Histora, the Patient declares to have the legal capacity to accept these T&C. Use of the platform is recommended for patients of legal age (18 years). If you are a minor, you will need the consent of your father, mother or legal guardian. By providing your date of birth during registration, if it is determined that you are under the required age, you may be asked to provide your legal guardian’s email to obtain proper authorization

Before starting to use Histora, the Patient must confirm that they have read and accept these T&C. This acceptance is made by checking the corresponding box during registration or when accessing your Patient account for the first time. If you do not accept these T&C or the Privacy Policy, you will not be able to use Histora’s services.

Gemedata may modify these T&C in the future, for legal, technical or operational reasons. In case of significant changes, you will be notified through the platform or by registered email. The most recent version of the T&C will always be available in Histora. If the Patient continues to use the platform after notification of changes, they will be considered to accept the new conditions. If you disagree with the modifications, you have the right to stop using Histora and, if applicable, request the deletion of your account.

4. Service Description

Histora is a technological platform designed to provide greater centralized control over the Patient’s dental medical record. The main service consists of offering you a secure cloud-based software infrastructure for the following purposes:

• Store, organize and access your Digital Clinical Record (DCR) in a unified way, consolidating information that could otherwise be dispersed among different clinics and professionals.
• Grant and revoke, at your sole discretion, access to your DCR to one or more Professionals. The Patient maintains total control over who can view or modify their information. All access and modification actions are recorded to ensure traceability.
• Share specific information, such as photographs or documents, with your authorized Professionals to facilitate communication and follow-up.
• Use the AI assistance tool for organizational and administrative support purposes, subject to the strict limitations described in these T&C.

Gemedata acts solely as a neutral technological intermediary. Our role is limited to providing the software infrastructure that enables interaction between the Patient and their Professionals. Gemedata:

• Does not practice dentistry, medicine or any other health profession.
• Does not endorse, recommend or guarantee the quality of any Professional or the services they provide.
• Is not part of the patient-professional relationship or any agreement, financial or otherwise, between the Patient and their Professional(s).

5. Patient Registration and Account

There are two ways to register an account as a patient:

• The Patient can register directly on the Platform, previously accepting these T&C.
• Your Professional or clinic, with whom you already have a pre-existing care relationship and for which you have granted the necessary consent for the processing of your data, can create an initial patient file for the Patient in Histora. In this case, you will receive a link or invitation to complete your registration, establish your password and accept these T&C to activate and take control of your account.

Regardless of the registration method, the activation and use of the account are conditioned on your explicit acceptance of these T&C.

The Patient undertakes to provide true, accurate, current and complete information during the registration process and to keep it updated at all times. This includes contact data (email, phone number) and relevant health information that the Patient decides to include (such as allergies, medications, etc.). Providing false or inaccurate information constitutes a breach of these T&C and may result in the suspension or cancellation of your account.

To access the Patient account, an exclusive identifier will be provided (or the Patient will choose), which may consist of an email address and a secure password. It is the Patient’s responsibility to maintain the confidentiality of their credentials. They cannot be shared with third parties. If someone unauthorized has accessed the Patient’s account (for example, due to loss, theft or unauthorized use of their credentials), you must immediately notify Gemedata at the support email indicated in these T&C.

Optimal use of Histora requires a device (computer, phone or tablet) with Internet access and an updated web browser or operating system (for example, recent versions of Google Chrome, Mozilla Firefox, Apple Safari, Android or iOS).

6. Use of Artificial Intelligence

The Platform includes AI functionality. The Patient accepts that this tool has a strictly limited and non-clinical purpose. Its permitted uses include:

• Organize and classify information within your DCR.
• Provide general guidance information about using the platform, similar to how an administrative assistant would do in a clinic.

This AI functionality is powered by advanced third-party language models, such as Google’s Gemini. The Patient’s use of this functionality is therefore subject to the limitations and warnings imposed by such providers. Specifically, the Patient accepts and acknowledges warnings from such providers, which state that their AI services should not be used for medical, legal, financial or other professional advice, and that any content on such topics is provided for informational purposes only. Gemedata shall not be liable for any damage or harm resulting from your reliance on or use of information generated by this functionality.

7. Patient Content and Data

The Patient is the legitimate owner of their medical data and DCR stored in Histora. At all times you will have the right to access your dental record information available on the platform, as well as download copies of such information in an appropriate format (for example, reports or documents uploaded by your dentist). Histora provides the Patient with transparency about what data is on the platform and who has uploaded it.

The platform is designed to give control over who can see your data or DCR:

• Initially, only your main dentist/clinic (who registered you in Histora) will have access to your data. If you go to another professional or clinic (for example, a specialist or a clinic in another country), you can authorize that new clinic to access your profile.
• The Patient can revoke access to their record at any time to any of the professionals or clinics they previously authorized. This revocation will prevent that professional from continuing to view your data in Histora.

If you detect that any of your data on the platform is inaccurate or incomplete (for example, an error in your name, or a wrong medical record), you have the right to request its correction. In many cases the professional can directly correct the information in Histora (if it is clinical data). For basic personal data (such as your registration data), you can edit them in your profile or request help from Gemedata support.

In addition, the Patient can at any time request the deletion of their account and their data from Histora. Please note that, by regulation, your clinic may need to keep certain records of your dental care outside of Histora.

8. Patient Obligations

When using the Services, the Patient undertakes to comply with all applicable laws and regulations and to use the Platform in a responsible and ethical manner. The Patient undertakes not to perform, nor to allow a third party to perform, any of the following actions:

• Use the services for any illegal, fraudulent or unauthorized purpose.
• Upload, post or transmit any material containing software viruses, worms, trojans or other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
• Attempt to gain unauthorized access to other users’ accounts, computer systems or networks connected to the services through hacking, password mining or any other means.
• Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas or algorithms of the Platform or any part of the services.
• Use the Platform in any way that could damage, disable, overload or impair Gemedata’s servers or networks or those of its suppliers.
• Upload or transmit content that is defamatory, slanderous, obscene, pornographic, threatening, hateful or otherwise objectionable or that violates the rights of third parties.
• Infringe the intellectual property rights of Gemedata or any third party.

Failure to comply with these conduct obligations may result in immediate suspension or termination of your account, at Gemedata’s discretion.

9. Disclaimer of Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL OR OTHERWISE. GEMEDATA AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Histora is intended to be available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted availability. We may need to temporarily suspend access for maintenance, updates or reasons beyond our control (for example, Internet failures, problems with our cloud provider’s servers, power outages, etc.). We will try to notify you in advance of scheduled maintenance, but in emergencies this may not be possible. Gemedata will not be responsible for the inability to use Histora during these periods of inactivity.

Likewise, we do not guarantee that the Platform is error-free or that it will meet all the Patient’s medical needs, but we commit to diligently correct any serious failure reported to us.

Without limiting the generality of the foregoing, the Patient specifically acknowledges and accepts that Gemedata is not responsible for:

• The acts, omissions, advice, diagnoses or treatments of any Professional using the Platform.
• The accuracy, completeness or reliability of any Patient content uploaded to the Platform by the Patient or by a Professional.
• Any dispute, disagreement or conflict between the Patient and any of their Professionals.
• Any unauthorized access or use of your account that is not directly attributable to gross negligence on the part of Gemedata.

Gemedata shall not be liable for any delay or failure to perform its obligations under these T&C if such delay or failure is a consequence of force majeure causes beyond its reasonable control, such as natural disasters, massive power outages, labor disputes, governmental acts, failures in public telecommunications networks, denial of service attacks or other global computer attacks, pandemics, wars or civil disturbances. In the event of a force majeure event, Gemedata will do its best to restore service as soon as reasonably possible. If the force majeure situation lasts for more than 30 continuous days preventing the use of Histora, the Patient or Gemedata may terminate the contractual relationship (and therefore your account), without this implying responsibility for either party.

10. Data Protection

To provide you with Histora services, Gemedata acts as a data processor of your personal data on behalf of the clinics that use our Histora, in accordance with Regulation (EU) 2016/679, of April 27, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC. If you would like more information about your personal data, contact the dental clinic that processes your personal data through Histora.

However, Gemedata will be responsible for data processing if the Patient, freely, specifically and voluntarily, decides to share their personal data with other clinics to receive treatment, in accordance with our Privacy Policy.

11. Account Suspension and Termination

The Patient can, at any time, stop using Histora. If you wish to permanently close your Patient account and have us delete your data from the platform, you can do so through the Platform itself.

Gemedata reserves the right to temporarily suspend your access or terminate your Patient account, in the following cases:

• Breach of these T&C by the Patient, for example, misuse of the platform or serious breach of privacy or security rules. To the extent possible, Gemedata will notify you of the breach so that you can remedy it within a reasonable period (usually 10 business days) before proceeding with suspension or closure.
• However, if the breach were particularly serious or generated imminent risk (for example, deliberate leakage of third party data), Gemedata may suspend or block access immediately as a protective measure.
• If the Patient does not access their Patient account for a continuous period of 12 months, Gemedata may mark your account as “inactive” and even proceed with its deletion.
• In the unlikely event that Gemedata decides not to continue with the Histora platform in the future (for commercial or other reasons), users will be notified at least 60 days in advance. During that period the Patient may download their data. After the effective closure date, your account will be terminated and the data will be irreversibly deleted or anonymized.

Once your account has been terminated, you will lose access to Histora as a Patient. Gemedata will also inform your linked clinics/professionals that your account was closed so they can take appropriate measures in their systems (for example, manage an offline record if necessary). No account termination will affect rights or responsibilities previously acquired by the Patient or by Gemedata.

12. Intellectual Property

Except for Patient content, the Patient acknowledges and accepts that Gemedata (and/or its licensors) is the exclusive owner of all rights, titles and interests in the Histora Platform and the services it provides. This includes, without limitation, the software, source and object code, documentation, user interfaces, visual design, logos, trademarks (including “Histora” and “Gemedata”), trade secrets and any other material and content provided by Gemedata. This Agreement does not transfer any ownership rights over the Platform to you, but only a limited and revocable right of use.

Subject to your compliance with these Terms, Gemedata grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access and use the Services for your personal and non-commercial purposes, as contemplated in these T&C.

If the Patient decides to send any type of feedback to Gemedata, you hereby grant us a perpetual, irrevocable, worldwide, royalty-free and fully paid license to use, copy, modify, create derivative works, distribute and otherwise exploit such feedback for any purpose, without any obligation, attribution or compensation to the Patient

13. Miscellaneous

For any questions about the platform, reporting technical problems, exercising rights, or any communication regarding these T&C, you can contact Gemedata through the following means:

• Email: info@gemedata.com
• Dirección Postal: Gemedata Inc. – Legal/Privacy Dept., 2646 S. Governors Ave #26461, Dover, DE 19904, USA.

If any provision of these T&C is deemed illegal, void or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from the rest of the T&C and shall not affect the validity and enforceability of the remaining provisions. The part deemed invalid shall be replaced, to the extent possible, by a provision that reflects the original intent as closely as permitted by law.

These Terms and Conditions, together with your Privacy Policy, constitute the entire agreement between the Patient and Gemedata regarding the Patient’s use of the platform, and supersede any prior agreement or communication in this regard. No waiver of any provision of these T&C shall be deemed effective unless in writing and signed by the corresponding party.

Unless otherwise provided by a mandatory local law, the interpretation and compliance with these T&C shall be governed by the laws of Spain. In case of disputes arising from the use of Histora or these T&C, and failing to reach an amicable resolution within a reasonable period, these shall be submitted to the jurisdiction of the competent courts corresponding to the consumer’s domicile or as applicable under consumer regulations.

By clicking “I Accept”, or by using the Histora platform in any way, the Patient indicates that they understand and agree to these Terms and Conditions in their entirety.