Terms of Use

Terms of Use

These Terms of Use govern access to and use of the medical application SAMIA (hereinafter, “the App”), intended exclusively for healthcare professionals in Spain.

The App is owned by Bluemedtech S.L., with registered office in 08860 Barcelona (Spain), and CIF ES-B22608509.

By downloading or using the App, the professional user (“User”) declares that they are a qualified healthcare professional and fully accepts these Terms of Use. If you do not agree or do not meet the requirement of being a healthcare professional, you must refrain from using the App.

1. Purpose and Features of the Service

SAMIA is an AI-powered clinical decision support system (Clinical Decision Support System, CDSS), whose objective is to guide disease classification and support professionals in their decision-making. The guidance provided by the CDSS is purely indicative, does not constitute in any case a medical diagnosis or definitive treatment, and does not replace the personal clinical judgement of the healthcare professional. The App does not offer personalised medical advice to patients, but serves as a technical reference for professionals. The User is responsible for interpreting the results and making final clinical decisions based on their own medical assessment. At no point is a doctor-patient relationship established through the App.

2. Authorised Users

Use of SAMIA is limited exclusively to healthcare professionals (doctors, nursing staff or other duly qualified and registered healthcare professionals, as applicable). The User affirms and warrants that they possess the qualifications and legal authorisation necessary to practise as a healthcare professional and use the App in that context. Use of the App is not permitted by unauthorised, non-healthcare persons or by minors. The company reserves the right to verify the User's professional status at any time and to deny or cancel access to those who do not meet this requirement.

3. Application Terms of Use

The User commits to making diligent, correct and lawful use of the App and its functionalities. In particular, the User must:

• Use the App solely for professional clinical purposes: Use it only in authorised healthcare settings and for support in medical practice, never for personal, recreational or unlawful purposes.
• Maintain the confidentiality of access credentials: Account access is personal and non-transferable. The User will not share their username or password with third parties and will immediately notify the App administrators of any unauthorised access or security breach.
• Enter accurate and relevant information: If the App requires data entry (e.g. User contact data or other non-clinical data), the User guarantees its accuracy and currency. The User will not enter patients' personal data or confidential third-party information into the App, as the App is not designed to process patient data.
• Not engage in improper or fraudulent use: It is prohibited to use the App to upload illegal, offensive content or content that infringes the rights of third parties. Furthermore, the User must not reverse engineer, modify, copy, distribute, resell or commercially exploit the App or its content without express authorisation.
• Respect intellectual property: All content, code, algorithms, and the "bluemedtech.ai" brand. The User will refrain from reproducing, transmitting, assigning, publishing or creating derivative works from such content without prior written permission from the legitimate holders. Authorised use of the App does not imply the transfer of any intellectual property rights to the User.

4. Service Limitations and Liability Disclaimer

The App is provided "as is" according to its availability, for informational support use. Although SAMIA seeks to provide up-to-date and technically accurate information, there is no guarantee that the CDSS content is comprehensive, infallible or permanently up to date. The company does not ensure uninterrupted availability of the App or the absence of possible technical errors. The service may be temporarily suspended due to maintenance tasks, improvements, Internet failures or other causes beyond the company's control, of which the User will be informed as far as possible.

To the maximum extent permitted by law, Bluemedtech S.L. and its developers do not assume any liability arising from the User's use of the App. In particular, the User accepts that:

• The App is a support system and not a diagnostic or therapeutic tool. Consequently, the company is not responsible for clinical decisions that the professional makes based on the suggestions or results provided by the App. The User's independent medical judgement always prevails over automatic recommendations.
• Absence of doctor-patient relationship: Since the App does not provide direct medical care to patients, SAMIA and its creators are not responsible for any damage, injury or harm suffered by patients whose treatment or diagnosis was decided by the professional using (or not using) the App. Medical liability towards the patient rests exclusively with the healthcare professional.
• Incorrect or out-of-scope use: SAMIA will not be liable for damage caused by use of the App in a manner contrary to these Terms (for example, by non-professional persons, or for purposes not contemplated).
• Technical and external failures: The company will not be responsible for hardware errors, connectivity problems, incompatibility of the App with the User's device, or any other technical failure beyond its control that prevents or interferes with the use of the service.
• No guarantee of specific results: Any explicit or implied warranty as to the suitability of the guidance provided by the App for a specific clinical case is excluded. The User must critically evaluate the information and adapt their decisions to the circumstances of the actual patient.

Medical disclaimer: The User acknowledges that SAMIA does not replace the consultation, diagnosis or treatment carried out by a real healthcare professional. The App does not issue formal medical diagnoses or treatment prescriptions, so the company is exempt from any liability for adverse clinical outcomes, diagnostic errors, omissions or delays in care that may arise from undue reliance on the CDSS's suggestions. In case of doubt, the professional must cross-reference the information with other reliable medical sources or specialist colleagues.

5. Data Protection and Privacy

The processing of the User's personal data (for example, contact data for creating the account) is governed by the provisions of our Privacy Notice, which forms an integral part of these Terms of Use. By accepting these Terms, the User also acknowledges having read SAMIA's privacy policy. In particular, Bluemedtech, S.L. guarantees that it will only collect and process the minimum necessary personal data (e.g. name, professional contact data) for the purpose of managing the registration and use of the App, in accordance with the General Data Protection Regulation (GDPR) and applicable Spanish regulations. For further details on data processing, the User's data protection rights and privacy measures, please consult the Privacy Notice accessible from the App.

6. Modifications and Updates

Modification of the Terms: Bluemedtech, S.L. reserves the right to modify or update these Terms of Use at any time, for example to adapt them to legislative changes, App improvements or the incorporation of new services. In the event of modification, the User will be informed through the usual means (for example, notice within the App itself or notification by email). The new terms will take effect from their publication. If the User continues using the App after changes take effect, they will be deemed to have accepted the new terms. If the User does not agree with the modifications, they must stop using the App and, if desired, request cancellation of their account.

App Updates: The company may deploy updates, patches or new versions of the App to improve functionality or security. The User may be required to keep the App updated to the latest available version to ensure correct and secure operation. The company is not responsible for errors or problems arising from the use of outdated versions of the App.

7. Duration and Termination

These Terms apply from the moment the User accepts them and remain in force until they cancel their service registration. The User may cancel their registration and stop using the App at any time, without needing to state a reason, simply by uninstalling it and, if applicable, requesting cancellation of their account and deletion of their personal data in accordance with the Privacy Notice.

For its part, SAMIA may suspend or cancel the User's access to the App, temporarily or permanently, in the following cases: (a) serious or repeated breach by the User of these Terms; (b) fraudulent, abusive or unlawful use of the App; (c) inability to verify that the User continues to meet the requirement of being a healthcare professional; or (d) decision to discontinue the App or service in the future. In the event of cancellation due to breach, SAMIA may deactivate the User's account and block access to the App without right to claim.

The clauses relating to limitation of liability, intellectual property, data protection and jurisdiction will survive the termination of the relationship between the User and SAMIA.

8. Applicable Law and Jurisdiction

These Terms of Use shall be interpreted and governed in accordance with legislation currently in force in Spain, in particular the regulations on electronic commerce and applicable digital services. In matters not expressly provided for, the Civil Code and other national legislation shall apply supplementarily. Furthermore, the App, as it is directed exclusively to professionals in Spain, seeks to comply with the provisions of European Union law regarding digital services and data protection (Regulation (EU) 2016/679, etc.).

For the resolution of any dispute, controversy or claim arising from the use of the App or these Terms, the parties submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain), unless by law another mandatory jurisdiction applies. However, before resorting to legal action, the parties may attempt to resolve any disagreement amicably through SAMIA's contact channels.

9. Contact and Support

If the User has any queries about these Terms of Use or wishes to report any incident related to the App, they may contact the SAMIA team through the contact form.

By accepting these Terms of Use, the User acknowledges that they have read, understood and commit to comply with them in their entirety.

Thank you for trusting SAMIA.