Terms & Conditions

These Terms & Conditions govern access to and use of DataMed®, a mobile and web application developed and operated by OpenHealth SRL.

If the user does not fully accept the Terms, they must not use the Platform.

These Terms may be updated in accordance with the Changes section. Material changes will be communicated through the Platform, by email or by other appropriate means.

DataMed® is provided by OpenHealth SRL, VAT IT04177550136, share capital EUR 10,000 fully paid in, registered office at Corso XXV Aprile, 167/B, 22036 Erba (CO), PEC open.health@legalmail.it, email info@datamed.app.

DataMed® allows users to create, structure, update, store, consult and share a set of health-related information and documents referred to as the Clinical Record.

The Platform may be used by patients, doctors and delegates, subject to account type, permissions and features made available. Additional terms may apply to doctors, professional users, paid plans or specific features.

DataMed® is not an emergency service. Users must not rely on the Platform for urgent medical needs and must contact emergency services or a qualified healthcare professional where required.

Unless expressly stated in a separate agreement, DataMed® does not, under any circumstance, provide medical diagnosis, treatment, medical advice or emergency assistance and does not replace the relationship between patient and healthcare professional.

DataMed® is not intended to be used for diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease without professional medical review.

Public Link / QR Code: a temporary access mechanism generated by a user that allows anyone in possession of the link or QR code to access the selected Clinical Record or data for the selected time period.

Pro Plan: any paid or enhanced plan that provides additional functions, including AI-enabled features, where available.

Users must create an account by providing accurate and up-to-date information.

Users must be at least 18 years old or have the consent and supervision of a parent, guardian or other person legally authorized to act on their behalf.

Where a Clinical Record concerns a minor or a person who cannot validly act on their own behalf, the user creating or managing the profile represents that they have the legal authority to do so. DataMed® may request evidence of such authority where necessary and cannot ever be held responsible in case such legal authority does not exist.

DataMed® may suspend or restrict an account where necessary to protect security, prevent abuse, comply with law, investigate suspected misuse or protect other users.

Users are responsible for the information they enter or upload.

Patients may choose to share their Health Data with doctors selected by them through the Platform. Sharing is controlled by the patient through the permissions available in the Platform.

Users may delegate management of their profile to other users, such as caregivers, family members or trusted persons, with the permissions available in the Platform. Delegates may view, add, edit or manage information according to the authorization granted.

Users may generate a temporary link or QR code to share access to their Clinical Record or selected information. Anyone in possession of the link or QR code may access the shared information during the validity period.

The validity period is selected by the user within the limits made available by the Platform, currently between 1 and 24 hours, and may be revoked earlier where the feature allows it.

DataMed® cannot and will not identify or control every person who receives, copies, photographs, forwards or otherwise uses a public link or QR code generated by the user. The user remains responsible for deciding whether and with whom to share such access.

Doctors must provide accurate professional registration information. DataMed® will verify such information, request additional documentation, suspend or reject doctor accounts and revoke access where professional status cannot be confirmed or appears inaccurate.

Users may delete their account at any time through the Platform, subject to the technical process made available. Account deletion results in deletion of active Health Data and related documents from live systems, except where retention is required or permitted by law, security, backup cycles, dispute management or audit obligations.

Deletion affects data within the system; it does not affect data already accessed, downloaded, copied or independently retained by doctors, delegates or recipients authorized by the user before deletion.

Users are responsible for the information they enter, upload, modify, share and rely on through the Platform.

Users are responsible for deciding whether and with whom to share health-related and personal information through the Platform.

Users use the Platform responsibly and in accordance with these Terms. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

To the maximum extent permitted by law, DataMed® is not liable for indirect, incidental, consequential or unforeseeable damages arising from use of the Platform. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, wilful misconduct, gross negligence, fraud, breach of mandatory consumer rights, breach of data protection law or any liability that cannot be excluded by law.

DataMed® does not routinely verify the accuracy, completeness or clinical adequacy of user-provided content. Users and, where applicable, doctors remain responsible for the content they enter, upload, modify or rely on.

DataMed® may amend these Terms to reflect changes in law, services, security, business model or technical requirements. Non-material changes may take effect upon publication. Material changes will be notified in advance through the Platform, email or other appropriate means, where practicable.

If a user does not accept material changes, the user may stop using the Platform and, where available, delete the account before the changes become effective. Continued use after the effective date constitutes acceptance of the updated Terms, where permitted by law.

For questions regarding these Terms, users may contact OpenHealth SRL via the contact details specified above.

DataMed® is a digital health information management and sharing tool. Unless expressly stated in a separate agreement, DataMed® does not provide medical diagnosis, medical treatment, prescriptions, emergency assistance or professional medical advice. Doctors remain responsible for professional acts and clinical evaluations.

Doctors must provide accurate professional information. DataMed® may verify such information, request documentation, suspend or reject accounts and revoke access where status cannot be confirmed or appears inaccurate.

Users retain ownership of uploaded content and grant DataMed® a limited license to host, store, process, display, transmit and use such content solely to provide, secure and improve the Platform in accordance with the Privacy Policy.

Certain features may be available only through paid plans. Prices, billing frequency, renewal terms, cancellation options and included features must be shown before purchase. Payment provider terms may apply. Where applicable under mandatory consumer protection law, users may have withdrawal and refund rights. Any such rights, as well as cancellation procedures and payment-provider terms, will be presented before purchase or in the applicable plan terms.

AI outputs may be incomplete, inaccurate or unsuitable for clinical reliance. Users and doctors must independently verify AI outputs before relying on them. AI features do not provide medical diagnosis, treatment or emergency advice.

DataMed® may perform maintenance. Users should maintain independent copies of important health documents. If DataMed® discontinues the Platform, it should use reasonable efforts to provide prior notice and data export where feasible.

Users may stop using the Platform and delete their account. DataMed® may suspend or terminate access for breach, security risks, rights infringement, false information, misuse or legal requirements.

These Terms are governed by Italian law, without prejudice to mandatory consumer protection rules. For consumers, competent court is determined by consumer law. For non-consumers, competent court is Como, unless mandatory law provides otherwise.