PLEASE READ CAREFULLY: THIS AGREEMENT GOVERNS YOUR RIGHTS TO USE THE HOSTED SERVICES PROVIDED BY ABI GLOBAL HEALTH LIMITED. BY REPLYING IN THE AFFIRMATIVE, YOU ACCEPT THIS AGREEMENT AS A USER AND THE AGREEMENT WILL BE DEEMED A BINDING CONTRACT BETWEEN ABI GLOBAL HEALTH LIMITED AND THE USER. IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT THEN DO NOT REPLY IN THE AFFIRMATIVE.
1.2 References in this Policy to "you" are for any individual User of the Abi Service; and the references in this Policy to "we" are to Abi Global Health Limited, “Abi” (and "we" and "our" must be interpreted accordingly).
1.5 You must be at least 18 years of age to use the Abi Service.
2. Restrictions on the use of Abi Service
2.1 You must not use the Abi Service in any way that causes, or may cause, damage to the Abi Service or impairment of the availability or accessibility of the Abi Service.
2.2 The use of the Abi Service is prohibited:
(A) in an unlawful, illegal, fraudulent or harmful manner; or
(B) in relation to any illicit, illegal, fraudulent or harmful purpose or activity.
(C) in an abusive manner: allowing an individual other than the User to use the Service; making an unreasonable number of questions about the same medical condition; asking questions not directly related to health care.
2.3 The User knows and accepts that:
(A) A doctor-patient relationship is not established using the Abi Service;
(B) All information provided by the Abi Service is intended for general information purposes and is not a substitute for professional medical diagnosis or treatment;
(C) The service should not be used in cases of medical emergency.
3. Illicit content
3.1 The content of the queries sent by the User must not:
(A) be defamatory or maliciously false;
(B) infringe any right of trust, right to privacy or right under the data protection legislation;
(C) constitute a breach of any contractual obligation owed to any person.
3.2 It is totally forbidden to make inquiries about facts, illnesses or conditions that are or have been subject to judicial action or a similar claim.
4. Precision of the information
4.1 The content of the query must not be false, inaccurate, tendentious or misleading.
4.2 The information provided by the User must be true and must refer to his person.
5. Marketing and promotion
5.1 You must not use the Abi Service for any purpose related to the marketing, advertising, promotion, sale or supply of any product, service or commercial offer.
5.2 You must not use the Abi Service to promote pyramidal or similar messages.
6. Follow up
6.1 The User knows, consents and authorizes Abi to actively monitor the use of the Abi Service in order to detect possible malicious or abusive uses, guarantee the security and integrity of the Users, as well as the quality of the service provided.
This Agreement becomes effective as of the date on which the User accepts these terms and conditions and activates the Abi Health Information Service.
1. Abi services
1.1 Abi offers the User a service in the form of a subscription for unlimited use, subject to the following prohibitions:
(A) the User cannot assign or subrogate to third parties its subscription to the Services offered by Abi;
(B) the User must not allow any unauthorized person to access or use the Abi Service;
(C) The User must not use the Services of Abi to provide services or make consultations regarding the health of third parties (except in the case of minors under their care and included in the health policy through which they have accessed Abi services);
(D) the User may not publish or redistribute the answers offered by health professionals through the Abi Service;
1.2 Ways to activate Abi services:
(A) The User may activate the service through the website www.abi.ai.
(B) Through any of the companies with which Abi has signed a collaboration agreement so that its clients and / or workers can enjoy the services offered by Abi. Abi will send an SMS to the User so that the User accepts the Terms and Conditions of Use of the Service and proceeds, as well as its activation.
1.4 Unsubscribing: The User can unsubscribe from the service through the Abi chat by sending a message with the word UNSUBSCRIBE. Abi will request confirmation through the chat and the service will be withdrawn.
2. Use of the service:
2.1 For the avoidance of doubt, the downtime caused directly or indirectly by any of the following factors will not be considered a breach of this Agreement by Abi:
(A) a Force Majeure Event;
(B) a failure or failure of the Internet or any public telecommunications network;
(C) a failure or failure of the User's computer or mobile telephone systems or networks;
(D) any breach by the User of this Agreement; or
E) scheduled maintenance performed in accordance with this Agreement.
2.2 The User must not use the Abi Service in any way that causes, or may cause, damage to the Abi Service or Platform or impair the availability or accessibility of Abi Service.
3. Intellectual Property Rights
3.1 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Right from Abi to the User, or from the User to Abi.
3.2 All intellectual property rights that make up the Abi service are the property of Abi Global Health Limited and nothing in these Terms shall constitute an assignment of the same.
Intellectual Property rights include patents, invention rights, utility models, copyrights and related rights, trademarks, service, commercial, business and domain trademarks, commercial image or presentation rights, copyright no competition, unfair competition, design rights, software rights, database, moral rights, confidential information rights (including know-how and trade secrets) and any other intellectual property right, whether registered or not, and includes all applications and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection anywhere in the world.
4. Duty of confidentiality
4.1 Abi agrees to:
(A) guarantee the confidentiality of the information provided by the User;
(B) not to reveal the Confidential Information of the User to any person without the prior written consent of the User;
(C) not use the User Confidential Information for any purpose other than to provide the contracted services.
4.2 This Clause 9 does not impose obligations on Abi with respect to the Confidential Information of the User that:
(A) is known to Abi prior to disclosure under this Agreement and is not subject to any other confidentiality obligations;
(B) is or is made publicly known without any act or breach by Abi; or
(C) is obtained by Abi from a third party in circumstances in which Abi has no reason to believe that there has been a breach of an obligation of confidentiality.
4.3 The restrictions in this Clause 9 do not apply to the extent that any Confidential Information of the User is disclosed by any law or regulation, or by any order or judicial or governmental claim.
4.4 The provisions of this Clause 9 shall remain in effect indefinitely after the termination of this Agreement.
5. Data protection
In compliance with the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and its regulations of development, Abi informs the User that the personal data that you provide us will be treated in order to facilitate access and provide our health information services, described in these conditions.
When the User creates an account and registers to our service or contacts Abi through the means available to the User, the User is giving his express consent for the processing of the User’s personal data in order to assist the User and be able to use the services of our application.
In no case will Abi use the personal data of the interested parties for purposes other than those mentioned above, and undertakes to keep due professional secrecy and to establish the necessary technical and organizational measures to safeguard the information in accordance with the requirements established by the aforementioned Regulation.
In order to attend and answer your questions, Abi has a team of health professionals available. Your queries, once anonymized, will be referred to these professionals who, as soon as possible, will attend and resolve your query, as far as possible. The User is informed and consents to this communication.
In case the User engages in contact by telephone with Abi or one of our health professionals, the User authorizes and consents to the conversation being recorded for security reasons, for compliance reasons and to guarantee the quality of the service provided.
Abi recommends the User not to provide data in any queries that allows the User to be identified (for example, name and surname, attached images where the User can be identified) to protect the User’s identity and privacy.
Abi will keep the personal data of the User while the User is registered and uses our services and, once you have terminated the service, for as long as we are required by legal obligation.
The User can, however, at any time, request access, rectification or deletion of their personal data. As well as, limit or oppose their treatment, or exercise the right to their portability.
We also inform you of your right to file a claim with the Competent Control Authority in matters of Data Protection, if you consider that in the treatment of your data your rights are not being respected.
Details of the person in charge:
Abi Global Health Limited
9 Exchange Place, I.F.S.C.
5.1. Child protection policy.
Anyone who uses the Abi Service formally declares themselves to be 18 years old or older. It is prohibited for those under 18 years of age to use the service.
Abi reminds people of legal age who are in charge of minors, that it will be their exclusive responsibility if a minor incorporates their data to request our services.
It also informs them that there are computer programs to limit navigation by filtering or blocking certain content.
6. Limitations of liability
6.1 The User acknowledges that complex software is never completely free of defects, faults and errors; And subject to the other provisions of this Agreement, Abi does not grant any warranty or representation that the Abi Service will be completely free of defects, faults and errors.
6.2 The User acknowledges that the complex software is never completely free of security vulnerabilities; And subject to the other provisions of this Agreement, Abi does not grant any warranty or representation that the Abi Service will be totally secure.
6.3 The User acknowledges that the Abi Service are designed to be compatible only with that software and those systems specified as compatible in the Abi Service Specification; And Abi does not guarantee or represent that the Abi Service will be compatible with other systems.
7. Applicable legislation and jurisdiction.
In any case, within the Irish jurisdiction, if the legislation allows to submit to a particular jurisdiction, the User expressly waives the jurisdiction that may correspond and voluntarily submits to the jurisdiction of the Courts of Dublin.