Terms of Service
Docsa Health
Terms of Service
Docsa Health
Effective Date: January 20, 2025
Last Updated: January 20, 2025
1. Introduction and Acceptance
Welcome to Docsa Health (“Service,” “Platform,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Docsa Health platform, website at https://docsa.health/, mobile applications, and all related services.
By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
IMPORTANT NOTICE: Docsa Health is a personal health records management platform. We do not provide medical advice, diagnosis, or treatment. Always consult qualified healthcare professionals for medical decisions.
2. Service Provider
2.1 United States
For users in the United States, the Service is provided by:
SMARTAUTOMATICA LLC A Delaware Limited Liability Company Contact: info@docsa.health
2.2 Mexico
For users in Mexico, the Service is provided by:
Dmitrii Fedorov Operating under RESICO PF regime Contact: info@docsa.health
2.3 Delegation of Services
SMARTAUTOMATICA LLC may delegate certain operational functions, data processing activities, or service delivery to its Mexican affiliate (Dmitrii Fedorov, RESICO PF) when operationally appropriate. Such delegation does not diminish our obligations under these Terms or applicable law.
3. Eligibility
3.1 Age Requirements
To create an account and use the Service, you must be:
- United States: At least 21 years of age
- Mexico: At least 18 years of age
- Other jurisdictions: At least 18 years of age or the age of majority in your jurisdiction, whichever is higher
3.2 Minor and Dependent Records
Parents, legal guardians, and authorized caregivers may manage health records of minors (individuals under 18 years of age) or legally incapacitated dependents within their own account. Separate accounts for minors or dependents are not permitted.
By adding a minor’s or dependent’s information to your account, you represent and warrant that you have legal authority to manage their health information.
3.3 Capacity
By using the Service, you represent that you have the legal capacity to enter into a binding agreement.
4. Description of Service
4.1 Core Services
Docsa Health provides a personal health records (PHR) platform that enables you to:
- Store personal medical information, documents, and health records
- Organize and catalog health data for easy access and management
- Share health records with healthcare providers, family members, or other third parties at your direction
- Receive appointment reminders, medication reminders, and procedure notifications
- Import health data from healthcare providers, clinics, and medical institutions
- Configure emergency access settings for authorized medical personnel
- Connect compatible wearable devices and health platforms for data synchronization
4.2 AI-Assisted Features
With your additional consent, the Service may utilize artificial intelligence to:
- Perform optical character recognition (OCR) on uploaded documents
- Classify and categorize health records
- Translate documents between languages
- Transcribe audio recordings
- Generate correspondence with healthcare providers on your behalf
AI does not store or accumulate data beyond the immediate processing task.
4.3 Healthcare Provider Integration
Healthcare providers, clinics, and medical institutions may transmit information directly to your account, including:
- Appointment records
- Medical history
- Laboratory and diagnostic results
- Prescriptions and treatment plans
Such data will automatically appear in your health record timeline.
5. AI Disclaimer
IMPORTANT: READ CAREFULLY
The artificial intelligence features provided by Docsa Health are for informational and convenience purposes only. AI-generated content, including but not limited to document classification, translations, transcriptions, and generated correspondence:
- Does NOT constitute medical advice, diagnosis, or treatment
- Does NOT replace consultation with qualified healthcare professionals
- May contain errors, inaccuracies, or omissions
- Should NOT be relied upon for medical decision-making
Always verify AI-generated content and consult with licensed healthcare providers before making any health-related decisions. Docsa Health expressly disclaims all liability for actions taken or not taken based on AI-generated content.
You acknowledge that AI systems have inherent limitations and that you use AI features at your own risk.
6. Account Registration and Security
6.1 Account Creation
To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.
6.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
We recommend enabling multi-factor authentication (MFA) to enhance account security.
6.3 One Account Per Person
Each individual may maintain only one personal account. Managing multiple accounts for the same person is prohibited.
7. Subscription and Payment
7.1 Subscription Model
Access to the Service is provided through a subscription model. Specific pricing, features, and subscription tiers are available on our website and may change from time to time.
7.2 Payment Processing
Payments are processed through Stripe, Inc. By subscribing, you agree to Stripe’s terms of service and authorize us to charge your selected payment method on a recurring basis.
Payment routing (to U.S. or Mexican payment processors) is determined automatically based on operational considerations and does not affect your subscription terms or service quality.
7.3 Cancellation
You may cancel your subscription at any time through your account settings or by contacting support at info@docsa.health. Upon cancellation:
- Your subscription remains active until the end of the current billing period
- You retain access to download your data before account closure
- Data deletion follows the procedures outlined in Section 13
7.4 Refunds
Refund policies are detailed on our website. We handle refund requests on a case-by-case basis.
8. Emergency Access
8.1 Emergency Access Configuration
You may configure emergency access settings to allow authorized medical personnel to access designated portions of your health records in emergency situations.
8.2 Your Control
Emergency access is entirely optional and requires your explicit configuration. You control:
- Whether emergency access is enabled
- What information is accessible anonymously (without authentication)
- What information is accessible only to authenticated medical professionals
- The scope and duration of emergency access permissions
8.3 Disclaimer
We cannot guarantee that emergency responders will access or utilize your emergency information. Emergency access is provided as a convenience feature and does not replace standard emergency medical protocols.
9. Communications
9.1 Service Communications
By using the Service, you consent to receive communications via:
- SMS text messages
- Telegram
- Push notifications
9.2 Types of Communications
Communications may include:
- Multi-factor authentication codes
- Appointment and medication reminders
- Security alerts and notifications
- Service updates and announcements
9.3 Healthcare Provider Communications
When you authorize the Service to communicate with healthcare providers on your behalf, limited personal information (name, age, phone number) may be shared for the purpose of facilitating such communication.
9.4 Opting Out
You may adjust your communication preferences in account settings. Note that certain transactional and security communications cannot be disabled while your account remains active.
10. User Responsibilities
10.1 Accurate Information
You agree to provide accurate, truthful, and complete information when using the Service.
10.2 Lawful Use
You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations.
10.3 Prohibited Conduct
You agree NOT to:
- Share your account credentials with others
- Attempt to gain unauthorized access to any part of the Service
- Use the Service to store, transmit, or distribute illegal content
- Interfere with or disrupt the Service’s operation
- Reverse engineer, decompile, or attempt to extract source code
- Use automated systems (bots, scrapers) to access the Service
- Impersonate any person or entity
- Use the Service for any commercial purpose without authorization
11. Intellectual Property
11.1 Our Rights
The Service, including all software, design, text, graphics, logos, and content (excluding your personal health data), is owned by or licensed to Docsa Health and protected by intellectual property laws.
11.2 Your Rights
You retain all rights to your personal health data and documents uploaded to the Service. By using the Service, you grant us a limited license to process, store, and display your data solely to provide the Service to you.
11.3 Restrictions
You may not copy, modify, distribute, sell, or lease any part of the Service or its content without our prior written consent.
12. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal and health information is governed by our Privacy Notice, which is incorporated into these Terms by reference.
For users in Mexico, additional protections under the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) apply, as detailed in our Aviso de Privacidad.
For users in the United States whose health information is subject to HIPAA, additional protections may apply as detailed in our HIPAA Authorization form.
13. Data Retention and Deletion
13.1 Active Accounts
Your data is retained for as long as your account remains active.
13.2 Account Deletion
Upon your request to delete your account:
- You will have the opportunity to export your data
- All personal data will be permanently deleted within 30 days
13.3 Extended Retention
Certain data may be retained for up to 6 years after account closure when:
- Required by applicable law or regulation
- Data was provided by a healthcare institution
- Necessary for legal defense or compliance purposes
- The account becomes inactive without formal deletion request
13.4 Data Export
You may export your data at any time through the Service interface, via support request, or through the account deletion process.
14. Third-Party Services
14.1 Integrated Services
The Service integrates with third-party services including:
- Cloud Infrastructure: Amazon Web Services, Cloudflare
- Payment Processing: Stripe
- Customer Support: HelpScout
14.2 Healthcare Providers
When you connect with healthcare providers through the Service, their separate terms and privacy policies may apply to the information they provide or receive.
14.3 Wearable Devices
Integration with wearable devices and health platforms is subject to the terms and privacy policies of those third-party services.
15. Disclaimer of Warranties
15.1 “As Is” Provision
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15.2 No Medical Warranty
WE DO NOT WARRANT THAT:
- The Service will meet your specific requirements
- The Service will be uninterrupted, timely, secure, or error-free
- Any health information stored or processed will be accurate or complete
- Any defects will be corrected
15.3 Not Medical Advice
DOCSA HEALTH IS NOT A HEALTHCARE PROVIDER. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK.
16. Limitation of Liability
16.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCSA HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, data, or goodwill
- Service interruption
- Computer damage or system failure
- The cost of substitute services
16.2 Cap on Liability
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
16.3 Essential Purpose
THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Indemnification
You agree to indemnify, defend, and hold harmless Docsa Health and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you upload or share through the Service
18. Modifications to Terms
18.1 Changes
We may modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Service at least 30 days before taking effect.
18.2 Continued Use
Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may request account deletion.
19. Termination
19.1 By You
You may terminate your account at any time by following the account deletion process.
19.2 By Us
We may suspend or terminate your access to the Service if:
- You violate these Terms
- We are required to do so by law
- We discontinue the Service (with reasonable notice)
19.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, and dispute resolution.
20. Governing Law and Dispute Resolution
20.1 United States Users
For users in the United States:
- These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles
- Any disputes shall be resolved in the state or federal courts located in Delaware
- You consent to the personal jurisdiction of such courts
20.2 Mexico Users
For users in Mexico:
- These Terms are governed by the federal laws of Mexico
- Any disputes shall be resolved in the competent courts of Quintana Roo, Mexico
- You consent to the personal jurisdiction of such courts
20.3 Informal Resolution
Before initiating formal proceedings, you agree to contact us at info@docsa.health to attempt informal resolution. We will attempt to resolve disputes within 30 days.
21. General Provisions
21.1 Entire Agreement
These Terms, together with the Privacy Notice and any other policies referenced herein, constitute the entire agreement between you and Docsa Health regarding the Service.
21.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.
21.3 Waiver
Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
21.4 Assignment
You may not assign your rights under these Terms without our prior written consent. We may assign our rights to an affiliate or successor.
21.5 Force Majeure
We shall not be liable for any failure or delay resulting from circumstances beyond our reasonable control.
21.6 Language
These Terms are provided in English and Spanish. In case of conflict, the version in the language of your jurisdiction shall prevail, or English if your jurisdiction does not correspond to Spanish-speaking countries.
22. Contact Information
For questions about these Terms:
General Inquiries: Email: info@docsa.health
Privacy Inquiries: Email: privacy@docsa.health Data Protection Officer: Dmitrii Fedorov
By using Docsa Health, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
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