sensinghealth.cloud and ai.sensingtex.com member area

Welcome to sensinghealth.cloud and ai.sensingtex.com memeber area of our Sensing Tex Platforms (the "Service"), a cloud-based baropodometric analysis platforms. The Product and Service is owned and operated by Sensing Tex, SL, a Spanish company.

These Terms of Use ("Terms") govern your access to and use of our Service, including our software, website, any associated data and the barometric platform (collectively, the "Platform").

By creating an account, or by accessing or using the Platform, you ("User" or "you") agree to be bound by these Terms and our Data Processing Agreement. You represent that you are a qualified healthcare professional authorized to use this Platform. If you do not agree to these Terms, you may not access or use the Platform.

1. Description of Service

The Platform is a cloud-based software service that receives, processes, analyzes, and visualizes data from compatible Sensing Tex barometric pressure platforms. The Platform functions as a Clinical Decision Support System (CDSS).

2. Important Regulatory Status & Intended Use

This is a critical provision of our agreement.

Intended Use: The Platform is intended for use by qualified healthcare professionals (such as podiatrists, physiotherapists, orthopedists, and clinical researchers) to support and augment their professional judgment. It provides data visualizations, calculations, and analytical information based on barometric readings to assist in patient assessment.

Not a Medical Device: The Platform is NOT a medical device.

Not for Diagnosis: The Platform DOES NOT provide a diagnosis, treatment recommendation, or automated clinical decision. It is an informational tool only.

User Responsibility: The User, as a licensed healthcare professional, is solely and entirely responsible for all clinical decisions, diagnoses, treatments, and patient outcomes. You must apply your own professional medical judgment when interpreting data from the Platform and deciding on any course of action. Never substitute information from the Platform for your independent clinical judgment.

3. User Accounts & Responsibilities

Qualification: You represent and warrant that you are a licensed and qualified healthcare professional in good standing, or that you are operating under the direct supervision of one.

Account Security: You are responsible for maintaining the confidentiality of your account credentials (username and password). You are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

Patient Consent: You are solely responsible for obtaining all necessary and legally compliant consents from your patients to collect, upload, process, and store their personal health information on the Platform in accordance with all applicable laws (including GDPR).

Accurate Information: You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.

4. Data Privacy & Security (GDPR)

Our collection and use of personal data in connection with the Platform are described in our Data Processing Agreement (DPA).

Data Controller vs. Data Processor: For the purposes of the General Data Protection Regulation (GDPR), you (the healthcare professional or clinic) are the "Data Controller" of the patient data you upload. We, Sensing Tex, SL, are the "Data Processor," acting on your behalf.

Data Processing Agreement (DPA): Your use of the Platform is contingent on your acceptance of our Data Processing Agreement, which is incorporated by reference into these Terms. The DPA outlines our respective obligations regarding the processing of personal health information.

Security: We implement and maintain robust technical, administrative, and physical security measures to protect the data on our Platform. However, no system is 100% secure, and we cannot guarantee that unauthorized parties will never be able to defeat our security measures.

Anonymized Data: We reserve the right to anonymize and aggregate data (including patient data) in a way that it can no longer identify any individual. We may use this anonymized data for research, system improvement, statistical analysis, and to enhance the functionality of our Service.

5. License and Use Restrictions

License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for its intended professional purposes.

Restrictions: You agree not to (and not to permit any third party to):

• Reverse engineer, decompile, or attempt to discover the source code of the Platform.

• Resell, sublicense, lease, or distribute the Platform.

• Use the Platform for any purpose other than its intended use.

• Upload any data that is unlawful, harmful, or infringes on third-party rights.

• Attempt to gain unauthorized access to the Platform or its related systems.

6. Intellectual Property

All rights, title, and interest in and to the Platform (including its software, algorithms, user interface, and all underlying technology) are and will remain the exclusive property of Sensing Tex, SL.

You retain all ownership rights to the patient data you upload.

7. Disclaimers of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT THE INFORMATION IT PROVIDES WILL BE ACCURATE, RELIABLE, OR COMPLETE. ALL CLINICAL RELIANCE ON THE PLATFORM'S OUTPUT IS AT YOUR OWN RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FRESCO INTERNATIONAL 2005 S.A., ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (BUT NOT LIMITED TO) LOSS OF PROFITS, DATA, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY, AND SPECIFICALLY INCLUDES ANY LIABILITY ARISING FROM:

• YOUR CLINICAL DECISIONS;

• PATIENT DIAGNOSIS OR MISDIAGNOSIS;

• ANY TREATMENT OR LACK THEREOF BASED ON YOUR USE OF THE PLATFORM.

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9. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause or notice, if you breach these Terms.

You may stop using the Service at any time. Upon termination, your account will be deactivated, and your data will be handled in accordance with our Privacy Policy and the DPA (which includes provisions for data return or deletion).

10. General Provisions

Governing Law: These Terms shall be governed by the laws of SPAIN without regard to its conflict of law principles.

Amendments: We reserve the right to modify these Terms at any time. If we make material changes, we will provide you with notice (e.g., by email or an in-app notification). Your continued use of the Platform after such notice constitutes your acceptance of the new Terms.

Contact: If you have any questions about these Terms, please contact us at admin@sensingtex.com