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Effective Date: July 21, 2021.
Terms and Conditions of Arkangel Ai S.A.S. These terms and conditions (hereinafter the "Terms and Conditions") govern the relationship between Arkangel AI S.A.S., company identified with Nit. 901.378.659-4 (hereinafter "Arkangel AI") and the clinic, laboratory and / or any natural or legal entity (hereinafter the "User" and / or "Users"), regarding the license to use a platform through a software as a service (SAAS) model, consisting of "Arkangel AI Software" and "Hippocrates Auto ML" (collectively, the "Platform"), which will be granted by Arkangel AI to Users. The User's registration on the Platform implies immediate and unreserved acceptance of these Terms and Conditions. We offer our entire Platform directly or through our authorized partners. When we refer to our Clients in this notice, we also refer to our partners and their clients. The Platform will be licensed by Arkangel AI to Users and/or Clients for the following purposes: (i) assistance in supporting their clinical decisions, by analyzing medical data through Arkangel AI Software, and (ii) building new algorithms through Hippocrates Auto ML. 1. Definitions: For the proper understanding of these Terms and Conditions, the following concepts are defined below: Personal Data and/or Personal Data: It is any information linked or that can be associated to one or several natural persons, identifying themselves. Sensitive Personal Data and/or Sensitive Personal Data: Those that affect the privacy of the Data Subject or whose improper use may generate discrimination. Reason for which they enjoy special protection, in this case it refers to Personal Data related to health. Data Subject: The natural person whose Personal Data is the object of processing. Diagnostic Image and/or Diagnostic Images: Set of studies, which through technology, obtain descriptive data of the human body, by way of example these include: blood samples, X-rays, fundus images, ultrasound, computerized tomography, magnetic resonance, among others. Clinical Data and/or Medical History: Multiform data set that through technology, obtain descriptive data of the human body, by way of example these are: laboratory results, symptoms, family history, medical notes, among others. Artificial Intelligence or AI or AI: Simulation of human intelligence processes, by machines, computer systems and/or software in order to establish predictions and/or recommendations about the probability of the presence of a certain condition or label. Patient and/or Patients: Natural person who receives services and/or medical care from a Client or a User. Personal Data Processing Policy: Refers to the policy published on the Platform, which makes a detailed reference to how we collect and store your personal information. PQR: Refers to requests, complaints and claims. Client and/or Customers: Refers to the hospital or hospitals, medical laboratories, health professionals, and in general any natural or legal person or public or private together with their delegates who access or use the Platform to make use of it. User and/or Users: Refers to the individual who operates the Platform directly. Such individual may or may not be linked to an account of a main Client, such as a hospital network. In such case of not belonging to an account this individual is considered Client and User simultaneously. Platform: Refers to the technological structure designed by Arkangel AI built from artificial intelligence, composed of a multi-channel software including a mobile application, a web application, Hippocrates AutoML and APIs. Database and/or Databases: Organized set of data that are subject to processing by Arkangel AI. It can be digital or physical according to their form of storage. Habeas Data: Fundamental right of every person to know, update, rectify and / or cancel at any time the information of their property, handled by third parties. 2. Acceptance terms of Use of the Platform These Terms and Conditions may be modified unilaterally by Arkangel AI, when it deems appropriate, and without prior notice to Users. Such modifications shall only be effective after publication by Arkangel AI on the Platform. Your continued access or use of the services after such publication constitutes acceptance to be bound by the Terms and Conditions together with their modifications. Consequently, the User declares to have read and accepted the Terms and Conditions in their entirety; such acceptance is indispensable for the use of the Platform. If you do not agree with these Terms and Conditions, please do not use the Platform. With the express, free and informed acceptance of these Terms and Conditions, Users also express acceptance of the Policy of Treatment of Personal Data Arkangel, which can be consulted on the website https://www.arkangelai.com/es/pages/legal . 3. About Arkangel AI Software Arkangel AI Software Arkangel AI Software is a multichannel technology platform that includes mobile application, web application, a set of algorithms and API that assists Users by pre-reading Diagnostic Images and / or Clinical Data of Patients which will be loaded by the User, in order to obtain support in the detection of patterns indicative of a medical condition. It is clarified that it is the User, as responsible for the Patient and expert in reading, who decides whether or not to take into account the support provided by the Platform, for their decision-making process and it is specified that the Platform is a software tool and not a medical device, therefore the information that originates in it does not replace the medical opinion of a health professional. That is why the User is the only responsible for the final decision in the diagnosis and medical treatment of the patient. The probability of detection suggested by the Platform does not constitute medical opinion, nor should it be used as a diagnosis, nor is it possible to initiate medical treatment without the supervision and review of a health professional. Neither the Platform, nor any other Arkangel AI technological development is a substitute for the medical opinion of a healthcare professional. Therefore, it is clarified that with the acceptance of these Terms and Conditions the User accepts, acknowledges and agrees that it is the User is solely authorized, responsible and liable for the final decision in the diagnosis and medical treatment that gives, provides and recommends to their patients. Hippocrates Auto ML Hippocrates Auto ML is a multi-channel technology platform that includes web application, set of algorithms and developed API that allows healthcare institutions to train their own customized machine learning models for their own use cases. Healthcare professionals with little or no machine learning experience can upload their datasets, train models and use them in minutes through the graphical interface or API. The user simply uploads their training data, selects the type of algorithm and presses train; Hippocrates takes care of auto-generating multiple experiments, testing them, selecting the best algorithm for the use case and deploying it if desired by the user. 4. Requirements for use and access to the Platform In order for Users to use the Platform, they must meet the following requirements: The Platform may be used solely and exclusively by health professionals who are legally qualified and/or authorized by a competent authority to practice their profession in their place of work. Arkangel AI is not responsible for fraudulent access by persons without the legal capacity to practice their profession as health personnel to the goods and services we offer. Users must register on the Platform by assigning a username and password. They must also accept and use the Platform in accordance with the Terms and Conditions, the Personal Data Processing Policy of Arkangel AI, the legal system in force in their country of origin and / or practice, and according to the guidelines of conduct imposed by morality, good customs and due respect for the rights of others. The username and password designated by Users, is personal and non-transferable information, and the User must prevent third parties from accessing it, it being understood that any action performed on the Platform using the username and password chosen by the User will be imputed to the User. The User shall take all precautions provided by law and the policies of your institution to ensure the confidentiality of patient data and comply with all regulations on data privacy in force in your country and organization. It is the responsibility of the User and/or Client who uploads Patient data to the Platform to have the prior, express, informed and written authorization of the owner. Such authorization shall make it clear to the owner of the data that they will be treated and kept for Arkangel AI in accordance with these Terms & Conditions and the Data Protection Policy. We clarify that Users may not register on the Platform until they give their authorization for the processing of their personal data and terms and conditions. In this regard, the Platform will require them to provide their prior, express and informed consent by selecting the box provided during registration. In the event that users do not select the box before giving "click" on the "Register" button, your data will not be removed from our database and ask the user to stop using the Platform. Once the User has logged into the Platform and has duly registered, he/she will receive an e-mail confirming the creation of his/her account. Users may delete their account at any time. To effect this action should do so via email to the address hola@arkangel.ai indicating the reasons for the cancellation of the account Arkangel AI may reject any request for registration or prevent, at any time, that a User enters the Application provided that such entry may jeopardize the security of the Application and / or that the User has violated the Terms and Conditions. 5. Duties of Users Users agree to: Immediately inform Arkangel AI by sending an email to the following address: hola@arkangel.ai, in the event that they become aware that their username and password lost their confidential status and / or are being used by third parties. Comply with all guidelines provided by law, in these Terms and Conditions and in the Policy of Treatment of personal data defined by Arkangel AI, in order to ensure the confidentiality of their personal data and personal data of Patients. Use the Platform solely and exclusively for the activities set out in the Terms and Conditions. Declare and guarantee that all personal data provided in the registration process are true, complete and up to date. To notify Arkangel AI about any aspect, situation, suspicion and/or unusual activity on the Platform. Respect all elements of intellectual property of Arkangel AI, so you will refrain from reverse engineering, decompilation, derivation of source code or the like. In the event that this is not complied with, the User shall pay Arkangel AI all damages caused to Arkangel AI by his conduct. Adopt all appropriate security measures for the management and use of the Platform. Be qualified and/or authorized by a competent authority to practice their profession as a health professional. Otherwise, refrain from using the Platform. Have the prior, express, informed and written authorization of the Patient to process their data through the Platform. 6. Rights of Users The rights granted to Users in accordance with these Terms and Conditions are: Unsubscribe from the Platform at any time. Know, update and rectify their personal data collected by Arkangel AI, when there are partial, inaccurate, incomplete, fractioned or misleading data. Request proof of authorization granted to Arkangel AI. Be informed by Arkangel AI, upon request, regarding the use that has been made of their data. File complaints with the Superintendence of Industry and Commerce for violations of the provisions of these Terms and Conditions and the law. To revoke at any time the authorization and/or suppression of the data taking into account the legal limits for it. Access free of charge to their data contained in the database of Arkangel AI. 7. Platform Security Arkangel AI is committed to ensuring the security of the Platform and implement all appropriate security measures for the operation of the same. Therefore Arkangel AI shall be entitled to (i) suspend access to the Platform to certain content for maintenance or security reasons at any time and (ii) reject any request for registration or prevent, at any time, a User to enter the Platform provided that such entry may jeopardize the security for the same and / or that the User has violated the Terms and Conditions. 8. Prohibitions on the use of the Platform The following actions are strictly prohibited, without the prior written permission of Arkangel AI: (i) copy, modify, adapt, translate, reverse engineer, decompile or disassemble any part of the content and/or the Application; (ii) make use of the content on another website or computer environment for any purpose; (iii) reproduce and/or communicate by any means the content, given that access is granted on a personal basis and for the exclusive use of the User; (iv) interfere with or disrupt the operation of the Application; (v) sell, license or exploit the content and/or any access and/or use of the Application; (vi) use the Application for illegal or immoral purposes; and (vii) violate these Terms and Conditions in any way. In addition, Users may not (i) access information that is not directed or authorized to such User or access servers or accounts to which the User is not authorized to access; (ii) attempt to test the vulnerability of a system or network without proper authorization or breach security or authentication measures; (iii) attempt to interfere with the services provided to a User, server or network, including but not limited to sending viruses through the Platform or overloading traffic for denial of service, (iv) violation of any system or network security may result in civil and criminal liabilities, therefore, Arkangel AI will investigate the occurrence of facts that may constitute violations of the foregoing and will cooperate with any competent authority in the prosecution of Users who are involved in such violations; (v) impersonate the identity of other Users or natural or legal persons of any kind; and (vi) provide incorrect or false identity information. 9. Platform Assertiveness Arkangel AI Software Arkangel AI undertakes to make validations of its algorithms to obtain the assertiveness of the same and the minimum quality requirements of the uploaded data. This information will be published in the Device Description and will show the assertiveness of the algorithm in an environment close to reality but never exactly the same as the User. Therefore, these assertiveness metrics described in the Device Description may vary according to the patients, the type of machine that captures the data to be processed, the quality of the diagnostic image, the quality of the clinical data and/or any variable specific to the User's context. The User accepts that the assertiveness of the analysis performed by the Platform, including the predictions, reports and/or any output of Arkangel AI Software, is subject to external variables and that therefore no guarantee of assertiveness in the results, express or implied, exists or is intended. The Device Description of each algorithm contracted by the Client is provided to the Client at the time of onboarding of its Users. Similarly, any user with an active commercial license may request the latest version of the Device Description of the algorithm of interest by email to hola@arkangel.ai at any time. Hippocrates Auto ML Hippocrates Auto ML will make every effort to train algorithms with best assertiveness for the Client's use case and databases. However, Client agrees that the development of algorithms through Hippocrates Auto ML, or any method, is an experimental process and its success is based on variables external to Hippocrates Auto ML which may include, but are not limited to: the delivery of unbalanced, unstructured, poor quality, incorrect data, insufficient data, poorly annotated databases, or the limits of the state of the art. The Hippocrates Auto ML service will be performed within the limits agreed with the Client, and in a manner consistent with good working practices and best effort. However, no other representations are made to the Client, express or implied, and no warranty of assertiveness in the trained algorithms is included or intended. 10. Indemnity Users agree to defend, indemnify and hold harmless Arkangel AI, its officers, directors, employees and agents, from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, related to or resulting from User's unauthorized use of the Platform, or any breach of these Terms and Conditions, including without limitation, any violation of any law, ordinance, administrative order, rule or regulation. Arkangel AI shall provide notice, promptly, of any such claim, suit or proceeding, and shall be entitled to assume the defense of any such claim, suit or proceeding. 11. Habeas data All information provided by Users to Arkangel AI, may be kept by the latter, to fulfill the following purposes: To comply with all the duties acquired under the Terms and Conditions. To be subject to analysis to improve and evolve the Platform, identify percentages, segmentation and business intelligence, which allow to acquire knowledge for the technological evolution of Arkangel AI. It is clarified that the responsible for obtaining the Patient Authorization to process their data on the Platform is the User in order to comply with the provisions of Article 6 of Law 1581 of 2012. Such authorization shall make it clear to the owner of the data that they will be treated and kept for Arkangel AI in accordance with these Terms & Conditions and the Data Protection Policy in force on the Platform. Arkangel AI reserves the right to request a copy of the Authorization obtained by the User from their patients. 12. Intellectual Property and content of the Platform The Platform and all its contents are the exclusive property of Arkangel AI. By way of example only, shall include images, photographs, designs, graphics, sounds, data compilations, trademarks, names, names, titles, designations, distinctive signs, and any other material accessible through the Platform. The term "Arkangel AI", "Hippocrates Auto ML", the logo, other logos, names of Arkangel AI goods and services are the exclusive trademarks of Arkangel AI and none of the foregoing may be used without prior notice from Arkangel AI. Arkangel AI reserves all rights to the Platform, does not assign or transfer in favor of the User any rights to its intellectual property. In the event that the Platform allows downloading images or any content for further analysis by the User, Arkangel AI grants the User a license to use, non-transferable, non-exclusive and strictly for personal use. All goods and services offered by Arkangel AI are its sole and exclusive property, for that reason we reserve all copyrights and intellectual property rights, the page, the algorithm and all its original content, features and functionality. Unless otherwise provided, all rights to the content of the Platform are owned by Arkangel AI. Users are authorized to use the Platform, as well as to consult, review and use the material found on the Platform, but only for the provision of its service of the license agreement for the use of the Platform. The content of the Platform is protected under Colombian copyright laws, industrial property laws and other applicable laws. Unauthorized use of the content of the Platform may constitute a violation of Colombian or foreign copyright laws, industrial property laws or other provisions. No User may sell or modify the content in any way, or perform or publicly display the Material, or distribute it for commercial purposes. Nor shall it be permitted to copy or adapt the HTML and/or Javascript code that Arkangel AI creates to generate its web pages or other elements of the Platform, as it is protected by copyright. Any unauthorized use shall be presumed to be improper and may be punishable by law. Arkangel AI may make any changes and modifications it deems appropriate to the Application, including but not limited to adding, altering, replacing or deleting any content or functionality of the Application and all its distribution channels. 13. Disclaimers of Liability and Disclaimer of Warranty In addition to the disclaimers of liability set forth in the Agreement and the SLA, Arkangel AI shall be exempt from any liability upon the occurrence of the following events: Improper handling and non-adoption of security measures by the Users for the handling and use of the Platform. Fraudulent use of the Platform by designation of professionals who are not legally qualified and / or authorized by the State to practice their profession as health professionals. Inaccuracy or truthfulness of any opinion, advice or statement on the Platform, nor any offensive, obscene, indecent, illegal or infringing publication committed, which is not attributable to Arkangel AI. Damages and / or damages that are generated by the use of the assistance of the Platform as a definitive diagnosis, without assistance, monitoring and / or accompaniment of a health professional. Erroneous medical decisions by Users, due to the use of inappropriate equipment, interruptions related to internet service providers, the saturation of the internet network and / or for any other reason. Any decision, diagnosis and/or treatment given by the Users, which has been based on the analysis performed by the Platform. Force majeure and / or fortuitous event, understood by this event: interruptions or delays in performance or service delivery that were caused by an act of war, hostility, sabotage, pandemics, epidemics, strikes, power outage, fall and / or maintenance in internet networks or telecommunications that is not caused and / or attributable to Arkangel AI, power rationing, floods, fires, rains or acts of nature that affect communications networks. Please note that Arkangel AI nor any of its services replace the medical opinion of a health professional. That is why the User in his capacity as a health professional, is solely responsible for the Patient, his diagnosis and / or medical treatment. 14. Termination Arkangel AI reserves the right, in its sole discretion, to delete all information that has been included in the Platform and immediately terminate your registration and access to it or certain services, upon breach of these Terms and Conditions by Users or the inability to verify or authenticate any information they have submitted in the registration to access the Platform. The termination of the services and / or the closure of the account of the Users, for any reason, shall not generate compensation or indemnification in their favor by Arkangel AI. 15. Liability of the Platform Users agree that Arkangel AI shall not be liable for any direct, indirect, indirect, consequential, special or consequential damages arising out of or in connection with the use of the Platform or in connection with the performance or navigation on the Platform or its links to other websites. The fulfillment of Terms and Conditions of any external relationship, which has a purpose other than the fulfillment of the corporate purpose of Arkangel AI, is beyond the sphere of action of the latter and, therefore, is not regulated by these Terms and Conditions. 16. Additional Information Arkangel AI does not guarantee that the Platform will operate error-free or that its server is 100% free of harmful mechanisms, any failure, support or error will follow the guidelines of the Service Level Agreement ("SLA") of Arkangel AI that you sign with the Client. The Platform is made available to Users on an "as-is" basis. No warranty is given as to the accuracy, reliability or timeliness of the material, such as text, software, graphics and links. In no event shall Arkangel AI, its employees or agents, its suppliers or any person mentioned on the Platform, be liable for damages of any nature whatsoever resulting from the use or inability to use the Platform. 17. Territory and Applicable Law These Terms and Conditions and its annexes apply to the use of the Platform in the Colombian territory, under its general regulations and industry regulations, which bind the parties. Users declare that this document contains the entire Terms and Conditions governing their access to the Platform and that there are no existing agreements or verbal agreements or otherwise on this matter. 18. Validity This authorization of use shall be governed from the date indicated at the beginning of this document with an indefinite term until a reform of the same is advanced, which will be duly informed through the channels provided. However, Arkangel AI may unilaterally revoke the authorization of use at any time if it so wishes. Version control: Version 2.0, effective date: 07/21/2021, "Hippocrates Auto ML Comprehensive Reform". Version 2.0, effective date: 12/24/2020, "Comprehensive Terms and Conditions Reform" [Current]. Version 1.0, effective date: 07/01/2020, "Initial Version" [Current] Version 1.0, effective date: 07/01/2020, "Initial Version" [Current 19. Contact 19.1. For further information, you may contact us at the following email address: hola@arkangel.ai Users may channel their PQR through the following email hola@arkangel.ai Once received the PQR, Arkangel AI will have 15 working days to respond. The response will be given to the same email from which the PQR originated. Thank you for reading us, See you next time!
