MiMIAT Health Terms of Use

These Terms of Use (“Terms”) govern access to and use of the MiMIAT Health patient application and related patient-facing services provided by MIMIAT HEALTH SL (“MiMIAT Health”, “MiMIAT”, “we”, “us” or “our”).

For the purposes of these Terms, the MiMIAT Health patient application, website functionality made available to patients, and related patient-facing services are referred to collectively as the “Service”.

1. Acceptance of Terms

By creating an account and expressly accepting these Terms when they are presented to you, you agree to be bound by them.

If you do not agree to these Terms, you must not create or use a MiMIAT Health patient account or use the Service.

The Service is intended for individuals aged 18 years or older.

Where we make a material change to these Terms, we will provide appropriate notice. Where required by applicable law or appropriate given the nature of the change, we may require you to review and accept the updated Terms before continuing to use the affected Service.

Acceptance of these Terms does not replace any consent or other legal basis that may be required for the processing of your personal data or health information. Our processing of personal data is described in the MiMIAT Health Privacy Policy.

2. Use of the Service

MiMIAT Health is designed to help patients create and maintain a longitudinal health record that can move with them across care settings.

Depending on the functionality available, the Service may allow you to:

• record symptoms, treatments, medications, meals, weight, lifestyle information and other patient-reported health information;

• upload or capture clinical documents, files, images or photographs;

• import compatible information from connected devices, wearable technologies, health platforms or third-party health services;

• organise and review your health information over time;

• view longitudinal trends and visualisations; and

• authorise healthcare professionals to access information from your MiMIAT Health record.

MiMIAT Health displays and organises the information entered, uploaded or imported into the Service. MiMIAT Health does not independently alter the underlying source health information or provide clinical interpretation of that information.

Your MiMIAT Health record is designed to support continuity and accessibility of information. It does not replace the medical record independently maintained by your healthcare provider.

The MiMIAT Health patient application, as currently provided, is not designed or intended to provide medical advice, diagnosis or treatment and is not intended to replace consultation with an appropriately qualified healthcare professional.

The MiMIAT Health patient application, as currently provided, is not intended to be used as a medical device.

MiMIAT Health is not an emergency service. If you believe you may be experiencing a medical emergency, you should contact the appropriate emergency services or seek urgent medical attention through the appropriate healthcare channel.

3. Privacy and Personal Data

Your privacy and the confidentiality of health information are fundamental to the Service.

Our collection and processing of personal data are described in the MiMIAT Health Privacy Policy.

Health information is special-category personal data under the General Data Protection Regulation (“GDPR”). Where applicable law requires consent or explicit consent for a particular processing activity, MiMIAT Health will request that consent separately and in an appropriate manner.

Acceptance of these Terms does not, by itself, constitute consent to every processing activity described in the Privacy Policy.

Subject to applicable law, you may have rights including access, rectification, erasure, restriction, objection, portability and withdrawal of consent.

Where the GDPR applies, MiMIAT Health will respond to valid requests to exercise data-protection rights within one month of receipt. Where permitted by law, this period may be extended by up to two additional months where necessary, taking into account the complexity or number of requests. If an extension is required, we will inform you within the initial one-month period and explain the reasons for the extension.

4. User Health Information, Documents and Images

You are responsible for ensuring that information you enter or upload through your account is provided lawfully and that you have the right to upload, store or share it through MiMIAT Health.

Where the Service permits you to upload documents, files, images or photographs, these may include medical reports, laboratory results, prescriptions, clinical letters, diagnostic documentation and other health-related information.

You retain any rights you hold in personal data, health information, documents, images and other content that you provide to MiMIAT Health.

By providing such content through the Service, you authorise MiMIAT Health to host, store, technically process, organise, display and transmit it to the extent necessary to provide the Service and carry out instructions you give through the Service, including sharing authorised by you.

This permission does not transfer ownership of your personal data, health information, clinical documents or images to MiMIAT Health.

Technical processing necessary to store, organise, transmit or display information does not mean that MiMIAT Health independently changes its underlying clinical meaning.

You should retain originals or other reliable copies of important clinical documents. You should not destroy an original medical document solely because you have uploaded a copy to MiMIAT Health.

You must not knowingly upload content that:

• you have no lawful right to possess, use or share;

• infringes another person's rights;

• contains malicious software or code; or

• is unlawful to upload through the Service.

5. Connected Devices and Third-Party Health Services

Where this functionality is available, you may choose to connect compatible devices, wearable technologies, operating-system health platforms or third-party health services.

Information imported through a connection originates from the relevant connected source and may depend on the source provider, device configuration, permissions, connectivity, compatibility and other technical factors.

MiMIAT Health receives and presents information made available by the connected source. MiMIAT Health does not independently generate, alter or clinically reinterpret the underlying measurement.

MiMIAT Health may technically format, group, convert or organise imported information as necessary to present it through the Service. Such technical processing does not change the origin or underlying meaning of the source measurement.

Where available, MiMIAT Health may preserve information about the provenance of an imported measurement, such as the connected provider or source, date and time, units or other relevant technical source information.

You are responsible for the permissions and settings you grant to connected third-party services.

Disconnecting a connected source prevents MiMIAT Health from receiving new information from that connection once the disconnection takes effect. Information already imported remains subject to the Privacy Policy and your applicable data-protection and deletion rights.

Third-party services are provided by their respective operators and may be subject to their own terms, privacy practices, availability and technical limitations.

6. Sharing Information with Healthcare Professionals

MiMIAT Health may allow you to authorise healthcare professionals to access information from your MiMIAT Health record.

You decide whether to establish an available patient-professional connection and, where supported by the Service, may revoke that access.

When you authorise access, MiMIAT Health provides the technical means through which the authorised healthcare professional may review the information made available through your connection.

Sharing through MiMIAT Health is designed to support continuity of information and professional review. It does not replace the healthcare professional's independent clinical judgement, professional responsibilities or the medical record maintained by the healthcare provider.

Authorising a healthcare professional to access your MiMIAT Health record does not mean that the professional is continuously monitoring the Service or that MiMIAT Health guarantees that the professional will review information within any particular period.

If you require medical attention, you should use the appropriate clinical communication channel rather than relying on information entered into MiMIAT Health to generate or guarantee a response.

Revoking access through MiMIAT Health stops future access through the revoked MiMIAT Health connection. It does not necessarily erase information that a healthcare professional or healthcare organisation has lawfully received and is independently required or permitted to retain.

7. Intellectual Property

All intellectual-property rights in the proprietary elements of the MiMIAT Health Service, including MiMIAT Health software, interfaces, designs, branding, logos, texts, graphics, documentation and other content created by MiMIAT Health, belong to MIMIAT HEALTH SL.

Subject to these Terms, MiMIAT Health grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the patient Service for its intended purposes.

This right does not permit you to commercially exploit, sublicense, resell, reproduce or distribute MiMIAT Health's proprietary Service or documentation except where expressly authorised.

Third-party software, libraries, technologies and materials incorporated into or used in connection with the Service remain subject to the rights and applicable licences of their respective owners.

Nothing in these Terms transfers to MiMIAT Health ownership of your personal data, health information, clinical documents, images or other content.

8. Account Security and User Conduct

You are responsible for maintaining the confidentiality of your account credentials and for taking reasonable measures to protect your account.

You must promptly notify MiMIAT Health if you reasonably believe that your account credentials have been compromised or that your account has been accessed without authorisation.

You must not:

• impersonate another person or create an account using false or misleading identity information;

• share your credentials in a manner that permits unauthorised use of your account;

• attempt to access another user's account or information without authorisation;

• interfere with, disable, damage or compromise the Service or its security measures;

• introduce malware, malicious code or other material intended to damage the Service or another user's device;

• attempt to bypass technical restrictions or access controls;

• reverse-engineer, decompile or disassemble the Service except to the extent that such restriction is prohibited by applicable law;

• scrape, systematically extract or harvest information from the Service except through functionality expressly provided or authorised by MiMIAT Health; or

• use the Service in violation of applicable law or the rights of another person.

MiMIAT Health may take reasonable steps to protect accounts and the integrity of the Service where misuse or unauthorised access is suspected.

9. Accuracy, Source and Presentation of Health Information

Information presented through MiMIAT Health may originate from different sources.

Patient-reported information originates from information entered by you.

Clinical documents and images originate from the files or information uploaded through your account.

Connected-device information originates from the relevant connected device, platform or third-party health service.

MiMIAT Health does not independently alter or clinically validate the underlying source information merely because it is displayed, organised or visualised through the Service.

Technical calculations, formatting, grouping or visualisations may be used to help present information over time. They do not constitute independent clinical interpretation by MiMIAT Health.

Where information is material to a medical decision, you should verify it with an appropriately qualified healthcare professional and, where appropriate, against the relevant clinical source.

10. Availability, Security and Liability

MiMIAT Health implements appropriate technical and organisational measures designed to protect personal data and the security of the Service.

Like any digital service, MiMIAT Health may occasionally experience scheduled or emergency maintenance, technical incidents, connectivity problems, synchronisation delays, third-party infrastructure failures or other interruptions.

We take reasonable measures to maintain and restore the proper functioning of the Service.

Nothing in these Terms excludes or limits any responsibility or liability that cannot lawfully be excluded or limited.

MiMIAT Health remains responsible for its obligations under applicable data-protection, consumer, contractual and other mandatory law.

To the extent permitted by applicable law, MiMIAT Health is not responsible for consequences arising solely from:

• information incorrectly entered or supplied by a user;

• unauthorised or unlawful use of the Service;

• failures or inaccuracies originating exclusively from a third-party device or service;

• reliance on the Service as a substitute for appropriate medical assessment, diagnosis, treatment or emergency care; or

• circumstances outside MiMIAT Health's reasonable control.

Nothing in this Section limits any rights you have under mandatory consumer law.

11. Changes to the Service and These Terms

MiMIAT Health may update the Service where reasonably necessary to improve functionality or security, maintain technical compatibility, address technical issues, comply with legal or regulatory requirements, or otherwise develop the Service.

We may update these Terms to reflect changes to the Service, applicable law, security practices or the way MiMIAT Health operates.

Where a change materially affects your rights or obligations, we will provide appropriate notice before the change takes effect where reasonably practicable.

Where an urgent change is required to comply with law or address an unforeseen and material security, fraud or patient-safety risk, advance notice may not be possible.

Where required by applicable law or appropriate given the nature of a material change, we may require you to review and affirmatively accept the updated Terms before continuing to use the affected Service.

The current version of these Terms and its effective date will remain accessible through MiMIAT Health and/or our website.

12. Suspension, Termination and Account Closure

You may stop using MiMIAT Health and close your account using the functionality made available through the Service, subject to any applicable technical and legal requirements.

MiMIAT Health may restrict or suspend access where reasonably necessary to:

• protect the security of your account or the Service;

• address a material or repeated breach of these Terms;

• investigate suspected unlawful, fraudulent or abusive activity;

• prevent harm to users or third parties;

• comply with a legal or regulatory obligation; or

• address a serious technical or security risk.

Where circumstances permit, we will inform you of the reason for a restriction or suspension and may provide an opportunity to remedy a breach that is capable of remedy.

MiMIAT Health may terminate an account where there is a material or repeated breach of these Terms, where the account was created fraudulently, where continued access would be unlawful or create a material security risk, or where MiMIAT Health discontinues the relevant patient Service.

Following account closure or termination, personal data will be handled in accordance with the Privacy Policy and applicable data-protection law.

13. Applicable Law and Consumer Rights

These Terms are governed by Spanish law.

Nothing in these Terms deprives you of any mandatory consumer protection available to you under the law applicable to your place of residence.

Any dispute arising from these Terms or use of the Service will be submitted to the courts having jurisdiction under applicable law.

14. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable under applicable law, that provision will be applied to the maximum extent permitted by law and the remaining provisions will remain in effect.

15. Contact

MiMIAT Health is operated by:

MIMIAT HEALTH SL

CIF: B19773761

C/La Rambla, 11, PRAL-1

08002 Barcelona, Spain

For general product or technical support:

support@mimiathealth.com

For privacy or data-protection matters:

legal@mimiathealth.com