Trustedoctor
— Terms of use

Effective date: 1 August 2024

Welcome to Trustedoctor! Your trust is very important to us. Please read these Terms of Use (these “Terms”) carefully. They form a legally binding agreement between Further Underwriting International, S.L.U. (“Trustedoctor”, “we”, “us” or “our”), and you, the user, and apply to your use of the Trustedoctor Platform (defined below), except where we expressly state that separate terms apply. By “user” we mean any user of the Trustedoctor Platform, whether you have registered with us as a Professional User or Private User (each as defined below) or are just visiting.

By using the Trustedoctor Platform, including visiting our Website (defined below), or click-accepting these Terms you agree to be bound by and comply with these Terms. If you do not agree to them, you must immediately stop all use and access to the Trustedoctor Platform. We recommend that you print a copy of these Terms for your future reference.When using the Trustedoctor Platform and any services accessible through it, the following terms will also be applicable to you:

  • Acceptable Use Policy - Our Acceptable Use Policy sets out the permitted and prohibited uses of the Trustedoctor Platform and services accessible through it and is incorporated here by reference. When using the Trustedoctor Platform you must comply with this Acceptable Use Policy.

  • Privacy Policy – Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, including through your use of the Trustedoctor Platform.

  • Cookie Policy – Our Cookie Policy provides information on our use of cookies.

  • Additional terms – Depending on which services you use through the Trustedoctor Platform, there may also be additional terms that govern the provision of those services and your use of those services (you will in such instances be prompted to click-accept such terms at the time of accessing such services).

For the avoidance of doubt, different service providers who use the Trustedoctor Platform to provide their services to you may also have their own terms of service and use, for which we are not responsible.

If you are a Professional User, further responsibilities that apply to you may be set out in separate agreements that you (and/or the Trustedoctor Partner (as defined below) with whom you are employed or affiliated) have with us. In the event of a conflict between any such agreement and these Terms, the terms of such other agreement will prevail.

Please take the time to read these, as they include important terms and conditions which apply to you.

If after reading them you have any questions, feel free to contact our support team at [email protected]

001

Who are we? What is the Website, the App and the Trustedoctor Platform?

We are Further Underwriting International, S.L.U, a company incorporated in Spain, holder of VAT number ESB83644484, and whose registered office is at Paseo de recoletos 12, 28001 Madrid, Spain. Trustedoctor Platform provides supporting services that allow providers and receivers of healthcare and related services to connect with each other on a secure online platform.
The platform is customisable and how it looks to you may depend on who is providing services through it. You can access it through one or more of the following avenues:

  • the website Trustedoctor.com or other Trustedoctor owned, operated, licensed or controlled websites and their respective sub-domains (collectively, the “Website”); and

  • the Trustedoctor mobile application software (the “App”) (available on a number of different app marketplaces).

Some aspects of the platform may also be accessible to you through phone calls and emails.
There may be some differences in the features and services available to users of the Website and the App. The Website, the App, any other Trustedoctor products and the services that we provide on, through or in relation to them are here referred to collectively as the “Trustedoctor Platform”.

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002

Who are “Private Users”, “Professional Users”, “Trustedoctor Partners” and “Service Providers”?

The Trustedoctor Platform is designed to facilitate access by patients, policyholders, customers or other service recipients (“Private Users”) to specialised care and medical and health-related services and assistance offered by different providers such as health specialists, experts, doctors, dietitians, insurance providers, administrators, other healthcare professionals or individuals such as advisers or coaches (“Professional Users”). In providing services through the Trustedoctor Platform, Professional Users may act independently or be employed, contracted or otherwise affiliated with a partner of ours. A “Trustedoctor Partner” is one of our business partners who provide various healthcare and/or related services and may include hospitals, clinics, insurance service providers or other institutions. Professional Users and any Trustedoctor Partners they are employed or affiliated with are here referred to collectively as “Service Providers”.

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003

Provider Services are the services provided by Service Providers accessible through the Trustedoctor Platform. Trustedoctor’s services consist of the technology and supporting services that enable the Provider Services through the Trustedoctor Platform.

The services provided by Service Providers through the Trustedoctor Platform are referred to here as the “Provider Services”. The Provider Services sometimes, but not always, involve medical care and advice (see further below). Trustedoctor’s services consist of the provision of the infrastructure and supporting services that enable the Provider Services through the Trustedoctor Platform. Unless expressly stated otherwise in separate terms, they are limited to the provision of digital interface solutions between users on behalf of or as agreed with Service Providers. Depending on which service you are using, that may include the facilitation of online consultation enquiries, virtual video consultations and various ancillary and supporting services such as online technical support and secure cloud storage of medical records.

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004

In order to use the Trustedoctor Platform, you must register on the Website or the App.

In order to use the Trustedoctor Platform, you will need to register on the Website or the App (typically using a link provided to you by us or your Service Provider) and create an account. If you are having problems registering, please contact your Service Provider or us via email or chat.

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005

If you are using the Trustedoctor Platform on someone else’s behalf or otherwise providing us with their information, you must have obtained their consent (where applicable) and are authorised by them to do so. If you use the Trustedoctor Platform on someone else’s behalf, both you and such person will be bound by these Terms.

If you are using the Trustedoctor Platform on behalf of another person or providing us with information relating to another person (such as your spouse, partner or child (of whom you are the legal guardian) or, if you are a Professional User, your patient), you confirm that you have the right and are authorised by such person to do so. If you use the Trustedoctor Platform on someone else’s behalf, both you and such person will be bound by these Terms. In such cases, a reference to “you” or “your” in these Terms and in any other terms applicable to users of the Trustedoctor Platform would be considered to apply equally to you and such person.

You will be responsible for all activity that occurs under or through that account and should maintain its confidentiality. We will not be responsible for any actions taken as a result of unauthorised access to that account. You must keep your login details, including passwords and user identification code (if you are provided with one), confidential and not disclose it to anyone other than the persons you have authorised to use your account.

You are also responsible for ensuring that all persons who access the Trustedoctor Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

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006

If you are under 18 years of age or do not have legal capacity, you are not allowed to use the Trustedoctor Platform and should ask your parent or legal guardian to act on your behalf.

If you are under 18 years of age (or the age of majority in your jurisdiction) or do not have legal capacity, you are not allowed to use the Trustedoctor Platform. Please ask your parent or legal guardian to open an account and act on your behalf they will need to confirm that they agree to these Terms . Your use of the Provider Services may be further restricted depending on your Service Provider.

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007

Trustedoctor is not a healthcare or insurance provider. We do not engage or practice medicine or provide health, medical care or advice. We are not responsible for any health-related advisory services or communications accessed through the Trustedoctor Platform. Trustedoctor does not control or operate any medical facility. Trustedoctor does not provide insurance.

While you might receive medical and healthcare services from Service Providers through the Trustedoctor Platform, Trustedoctor itself does not provide any recommendation or medical advice of any kind and the information we provide to you through the Trustedoctor Platform must never be used as a substitute for, nor does it replace, professional medical advice, diagnosis, assistance, treatment or procedure. No content provided by us through the Trustedoctor Platform is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the provision of medical care.

In no event will Trustedoctor have any responsibility for any medical consultations, medical advice or other medical or healthcare-related services or communications (or the quality of such services) that may be accessed through the Trustedoctor Platform. While you might use the Trustedoctor Platform to, amongst other things, store health records and receive healthcare and related services, Trustedoctor is not responsible for maintaining, and has no control over, records of the care and services you receive.

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008

Some Service Providers on the Trustedoctor Platform provide medical care or advice, some do not. For more information on this please refer to the relevant Service Provider, and/or your agreement with them.

The Provider Services will vary depending on who your Service Provider is. Not all Service Providers are healthcare providers, or authorised to provide healthcare or diagnose, treat, prescribe or provide other medical services to you. Some Service Providers only provide their services to you through the Trustedoctor Platform for informational purposes and do not provide medical care or advice.

For more information on the specific Provider Services available to you, please refer to the relevant Service Provider, and/or your agreement with them.

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009

These Terms do not cover the Provider Services, which are the sole responsibility of the relevant Service Provider. You are responsible for selecting a Service Provider and any services you obtain from them is directly between you and them.

These Terms apply to the use of the Trustedoctor Platform and the infrastructure and supporting services that Trustedoctor provides that enable access to the Provider Services through the Trustedoctor Platform. The Provider Services are not the object of this contract. You are responsible for choosing the Service Provider to obtain Provider Services from on the Trustedoctor Platform. Any services you receive from a Service Provider (whether through the Trustedoctor Platform or at their clinic or other facilities) is their sole responsibility. Any terms for the provision of services by a Service Provider to you will be a matter directly between you and them and Trustedoctor is not a party to such arrangement, booking or contract.

Any complaint, grievance or claim you may have related to a Service Provider’s practice must be addressed directly to the relevant Service Provider and not against Trustedoctor.

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010

Trustedoctor is independent of the Service Providers, and we have no control over them. They are not our employees or otherwise engaged by us. We have no responsibility for their actions and they have no authority to act on our behalf.

We are independent from and have no control over the Service Providers or the information or advice they provide. We cannot guarantee the availability of any Professional User at any particular time. Unless expressly stated otherwise here or in separate terms, we will not be responsible for cancelled or otherwise unfilled service orders, or any resulting consequences.

Trustedoctor is not the source of, does not have any control over and takes no responsibility for the content of communications made during or in the context of a video consultation session. The content of communications is entirely the responsibility of the person or organisation from whom such content originated.

No Service Provider is or will be deemed to be employed or engaged by us, nor shall any relationship of employment arise between us and any Professional User as a result of their use of the Trustedoctor Platform.

Unless specifically agreed otherwise with us in exceptional circumstances, the Service Providers have no authority, and shall not hold themselves out, as being authorised to bind Trustedoctor in any way, and shall not do any act which might reasonably create the impression that they are so authorised.

It is the sole responsibility of the relevant Professional Users (and/or the Trustedoctor Partner with whom they are employed or affiliated) to ensure that they are eligible and capable of providing the appropriate services they offer to you through the Trustedoctor Platform.

In no event shall Trustedoctor be liable to you or anyone else for any decision made or action taken by you, or loss or damage suffered by you, in reliance on the content, information or services provided to you by a Service Provider through the Trustedoctor Platform.

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011

Any information provided to you by us on or through the Trustedoctor Platform, including about Service Providers, is for your information only and is not a recommendation or endorsement by us. We make no representations as to the Service Providers, and/or their services.

Please note that the content and information provided by us on or through the Trustedoctor Platform, including all audio, video, text and images, is provided solely for your information. While certain Service Providers may provide medical care and services through the Trustedoctor Platform, the Trustedoctor Platform itself does not provide you with any medical advice or recommendation of any kind and must never be used as a substitute for, nor does it replace, professional medical advice, diagnosis, assistance, treatment or procedure.

Nothing stated or posted by us on the Trustedoctor Platform is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the provision of medical care.

The information provided on the Trustedoctor Platform about Service Providers has either been obtained by us from publicly available information and databases or submitted to us by the Service Providers themselves. We do not endorse, refer, verify, guarantee or recommend any Service Provider or their advice, credentials, qualifications or other information, content or services provided or accessible on or through the Trustedoctor Platform.

Depending on which service you use, we may, upon your request, provide you with information (such as name, speciality and contact information) about Trustedoctor Partners, Professional Users and other healthcare professionals, institutions or coaches who use the Trustedoctor Platform. This is also for your information only and is not an endorsement or recommendation by us.

We make no representations, warranties or guarantees, whether express or implied, as to any Service Provider on the Trustedoctor Platform (such as any person’s professional qualifications, expertise or eligibility, quality of work, price or cost information, insurance coverage or other information) or any of the Provider Services, including the content of communications made / information provided during or in the context of a video consultation session.

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012

Any reliance you place on the Trustedoctor Platform or the information provided by us through it is at your own risk.

The Trustedoctor Platform and any content or information contained within it is provided "as is" with all faults and "as available" basis, with no representations or warranties of any kind, either expressed or implied.

To the fullest extent permissible pursuant to applicable law, Trustedoctor disclaims all representations, warranties and conditions, express or implied, including but not limited to, imlplied condition or warranties of merchantability and fitness for a particlar purpose.

Any reliance you place on the Trustedoctor Platform and the services accessible through it or the information provided by us through it is strictly at your own risk. You assume total responsibility and risk for your use of the Trustedoctor Platform and any linked websites.

We do not warrant that the Trustedoctor Platform, the content on it or the server that makes it available will be free of viruses, worms, trojan horses or other destructive programming. You should ensure that you have virus protection and implement procedures sufficient to satisfy your needs for data back up and security. Due to the complexities involved in long-distance data transmission, we cannot guarantee absolute security, accessibility and continuity of the Trustedoctor Platform or the services provided through it.

This section does not affect any legal rights you may have as a consumer in relation to defective services or software.

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013

Remember that any consultations without physical examination are limited. Discuss any medical opinion provided through the Trustedoctor Platform with your own qualified healthcare provider. In a medical emergency, immediately contact the emergency services.

Please keep in mind that any diagnosis or consultation provided online is limited and provisional, and, in some cases, depending on the relevant Service Provider, is to be treated as general opinion and guidance only. In any case, the absence of a physical examination may affect a medical practitioner’s ability to diagnose a condition, disease or injury. Any medical services provided online may differ from the typical diagnosis services offered by healthcare providers after a physical examination. Professional Users on the Trustedoctor Platform will not have the benefit of information that would be obtained by examining you in person and observing your physical condition and, consequently, may be unaware of information that would affect the nature of the medical services provided.

You should not disregard, avoid or delay seeking medical advice from a qualified healthcare provider based on information received on or through the Trustedoctor Platform nor use it for emergency medical care or needs. In a medical emergency, immediately contact the emergency services.

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014

Any images available for viewing or download through the Trustedoctor Platform (including any annotated images) are for your reference only and are not to be used for diagnostic or scientific purposes. The Trustedoctor Platform is under no circumstances to be used as a medical device.

Any images available for viewing or download through the Trustedoctor Platform, including any annotated images, are for your reference only and should not under any circumstances be used for diagnostic or scientific use.

All users must ensure that they do not allow any images provided to them through the Trustedoctor Platform to be used by any other medical professional or care provider for the purposes of diagnosis or treatment. Trustedoctor will not be responsible for any such unauthorised use of images available through the Trustedoctor Platform.

The Trustedoctor Platform and the information and content provided on or through it is not intended to be, and should under no circumstances be, used as a medical device.

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015

If you want to change or cancel a booking or service order made through the Trustedoctor Platform, please contact us.

If you wish to change or cancel a service order made through the Trustedoctor Platform, please use the change or cancellation options on the Trustedoctor Platform or otherwise contact us. Whether any such change or cancellation is possible and details of how such change or cancellation can be processed will depend on the relevant Service Provider, our arrangement with them and/or the services you are using through the Trustedoctor Platform.

Trustedoctor will not be liable for any cancellation of a service order by a user or Service Provider, or any failure by a user or Service Provider to fulfil or attend a service order, for any reason outside our control.

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016

We cannot guarantee that the Trustedoctor Platform will always be available or updated.

Our aim is for the Trustedoctor Platform to be available whenever you need it. However, we do not guarantee that the Trustedoctor Platform, or any content on it, will always be available or that access will be uninterrupted or error-free.

We may suspend or withdraw or restrict the availability of all or any part of the Trustedoctor Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

The services available to you on the Trustedoctor Platform once you register for an account may depend on the relevant Service Provider and our agreement with them. We may, including upon request from your Service Provider, activate or deactivate all or certain elements of the services available to you through the Trustedoctor Platform. We may suspend, withdraw or restrict the availability of all or any part of the Trustedoctor Platform in accordance with these Terms.

We may update or change the Trustedoctor Platform and its content from time to time, for example, to reflect design modifications as well as changes to the services offered as a result of changes to our agreements with Service Providers. However, any of the content on the Trustedoctor Platform may be out of date at any given time, and we are under no obligation to update it.

To the extent permitted by law, neither we nor any persons associated with us make any representations, warranties or guarantees, whether express or implied, that the content on the Trustedoctor Platform and any services obtained through it are accurate, complete or up-to-date.

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017

You must comply with the technical requirements to access the Trustedoctor Platform.

You are responsible for making all arrangements necessary for you to have access to the Trustedoctor Platform, including having an appropriate internet-enabled device, a functioning camera and microphone (where applicable) and a sufficient internet connection.

In order to use some of the services offered on the Website from your browser, the current version of Google Chrome, Apple Safari, Mozilla Firefox or Opera web browsers must be installed on your device.

The App can be accessed on mobile phones and other handheld devices running iOS or Android. We recommend using a consistent 4G or faster data connection, the App may not operate reliably on 3G, GPRS or EDGE connections.

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018

You must not introduce viruses, attempt to access or use services without authorisation or otherwise misuse or attack the Trustedoctor Platform.

You must not misuse the Trustedoctor Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Trustedoctor Platform, the server on which the Website is stored or any server, computer or database connected to the Trustedoctor Platform. You must not attack the Trustedoctor Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Trustedoctor Platform will cease immediately.

You must not violate or attempt to violate the security of the Trustedoctor Platform, including (a) accessing data not intended for you or logging into an account or using services which you are not authorised to access or use; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.

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019

You remain in charge of the Content that you upload or share through your account on the Trustedoctor Platform. Apart from storing it and keeping it safe, we only deal with it according to your instructions or with your permission. We do not access or view your Content unless it’s necessary to comply with our legal obligations or enforce our policies, or you have given us permission.

The Trustedoctor Platform allows you to input, upload, store, send and receive content such as text, messages and other communications, and audio, video, images, documents and other files, including medical records and written and imaging reports (collectively, “Content”) through your account. Any Content on your account is yours and we do not claim ownership in any of it. You are in charge of your Content and can remove or delete it in accordance with the functionality of the Trustedoctor Platform.

In order to provide you with the services you require, you give us your permission to store your Content, back it up and transmit it when you choose to share it with other users of the Trustedoctor Platform. This permission extends to our affiliates and trusted third parties we work with. You remain in charge of your Content and, apart from storing it and keeping it safe, we will only deal with it according to your instructions or with your permission.

We do not access or view your Content unless it’s necessary to comply with our legal obligations or enforce our policies, or you expressly give us permission to do so. This may be, for example, where you are make an enquiry for or sign up to a service that enables you to receive introduction from us to Service Providers and have given us your permission to access your Content, or where you contact our support team for help with specific Content on your account (such as if you can’t find a file you believe should be on your account) in which case we may ask for your limited permission to look at your Content to the extent necessary.

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020

You are responsible for sharing your Content and should only do so with trusted persons. Keep in mind that data you share with other users may be accessible to them even after you delete it from your account.

As always when disclosing your personal information, especially over the internet, you should be careful when sharing information while using the Trustedoctor Platform. You are responsible for who you share any information with.

You are responsible for choosing to share your medical records and other Content through the Trustedoctor Platform, and you must do so with all due care. We cannot take responsibility for any other user with whom you have shared your Content making that content available to other persons. Given the nature of the Content you will likely be sharing through the Trustedoctor Platform, it is your responsibility to only share it with trusted recipients that may need access to certain details so as to be better able to provide you with services. By sharing your Content, you acknowledge that this is done at your own risk.

You should be aware that any information you share with another user may be accessible to and independently managed by them through their accounts on the Trustedoctor Platform. As a result, even after you delete such information from your account, it may be accessible to users you have shared it with (for example, through their account or where they have made a copy or downloaded it) as well as anyone else they share it with.

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021

You retain your intellectual property rights over all Content you upload to the Trustedoctor Platform, but you must give us certain rights over them (licence).

You retain any copyright and other intellectual property rights you might have in any Content you upload to the Trustedoctor Platform or share with users of the Trustedoctor Platform. But you do need to give us a limited permission to do things like hosting your Content, backing it up, sharing it when you ask us to do so, and allowing other users to annotate and comment on your Content. You therefore grant us a limited right and licence to use, store, copy, reproduce, modify and display your Content over which you have any intellectual property rights and to make it available to third parties if required in connection with making the Trustedoctor Platform and its services available to you. You agree that this right and licence is worldwide, non-exclusive, royalty-free, transferable and irrevocable for so long as your Content is stored with us. If you choose to share your Content with any other user of the Trustedoctor Platform, you also grant a similar right and licence to them. Other than this limited licence and other rights you grant in these Terms, we acknowledge and agree that we do not obtain any right, title or interest from you under these Terms in any of your Content.

For the avoidance of doubt, this section does not affect your privacy rights – it only applies to intellectual property rights.

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022

All rights in the Trustedoctor Platform are owned by us, the Service Providers or others. No rights or ownership is transferred to you. You may only use the Trustedoctor Platform for limited purposes.

While you own your Content on your account on the Trustedoctor Platform (subject to third party rights), you acknowledge and agree that all intellectual property rights in the Trustedoctor Platform and its entire contents, features and functionality (including all images, information, software, text, displays, video and audio, and the design, selection and arrangement thereof) are owned by us, the Service Providers and/or our respective licensors or other affiliates or providers and are protected by copyright laws and other laws and treaties around the world. No right, title or interest in or to the Trustedoctor Platform or any content on it is transferred to you. All rights and remedies are reserved.

You may use the Trustedoctor Platform only for your personal use or, if you are a Professional User, for the purpose of providing your services through the Trustedoctor Platform in accordance with your arrangement with us or, if applicable, the Trustedoctor Partner with whom you are affiliated.

Other than the App which is available for download subject to separate license agreement(s), no software will be installed on your server or other computer equipment or otherwise provided to you in relation to your use of the Trustedoctor Platform or otherwise pursuant to these terms.

You may print off copies and download extracts from the Trustedoctor Platform for your personal use and, if you are a Professional User, for the purpose of providing your services through the Trustedoctor Platform in accordance with your arrangement with us or, if applicable, the Trustedoctor Partner with whom you are affiliated. Any such material, including any images, are for your reference only and should not under any circumstances be used for diagnostic or scientific use. You may also draw the attention of others to content posted on the Trustedoctor Platform, subject to applicable confidentiality, data protection and other restrictions under applicable law or contract.

Other than this, none of the content on the Trustedoctor Platform, including the text, images, software applications, designs, trademarks, icons and logotypes, other than your Content, may be reproduced or distributed in any form or in any way without permission. You must not attempt to copy, modify, create derivative works from, frame, mirror, republish, reverse compile, disassemble, reverse engineer or download all or any portion of the Trustedoctor Platform in any form or media or by any means (other than insofar as strictly necessary to download the App for your use, subject to applicable license agreements).

If you use any element of the Trustedoctor Platform or the services offered through it in breach of these Terms, your right to use the Trustedoctor Platform will cease immediately and we may suspend or cancel your access to it with immediate effect and without notice.

"TrusteDoctor" is a registered trade mark of Further Underwriting International SLU. You are not permitted to use our trade mark(s) without our approval, unless they are part of material you are using with our explicit permission or in accordance with these Terms. You are also not permitted to adopt or use any symbol or device which incorporates or is confusingly similar to, or is a simulation or colourable imitation of, our trade mark(s), or unfairly competes with our trade mark(s).

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023

We have certain responsibilities to you in relation to your use of the Trustedoctor Platform but our liability to you for your use of it and the services accessible through it is limited.

We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or, if you are a Private User, our failing to use reasonable care and skill – but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen (for example, we discussed it during your registration process).

We will also not be liable or responsible to you for:

  • any loss or damage that was not caused by a breach on our part (including as a result of an event outside our control or any action by you, another user or a third party);

  • any business loss (including loss of profits, revenue, contracts, data or goodwill);

  • the services provided by any Service Provider; or

  • any loss or damage arising from any negligence of a Service Provider, or their failure to hold appropriate licenses, certifications, accreditations or insurances.

In addition, if you are a Professional User, we will not be liable or responsible for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • any indirect, special, incidental, punitive, exemplary, or consequential losses;

  • use of, or inability to use, the Trustedoctor Platform or the services accessible through it; or

  • the use of or reliance on any content on the Trustedoctor Platform.

If you are a Professional User, to the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms which may apply to the Trustedoctor Platform or any content on it.

We are not responsible for the content of third-party websites linked on the Trustedoctor Platform. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and will not be liable for any loss or damage that may arise from your use of them.

You accept that we only provide the Trustedoctor Platform for private use and, in the case of Professional Users, for the purpose of providing your services on or through the Trustedoctor Platform in accordance with our agreement with you and/or the Trustedoctor Partner with whom you are affiliated. You agree not to use the Trustedoctor Platform for any other purpose, and we have no liability to you for any loss or damage arising from such use.

We will not be responsible for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your equipment or devices, programs, data or other proprietary material due to your use of the Trustedoctor Platform or your downloading of any content on it, or on any website linked to it.

We design the Trustedoctor Platform to keep your personal data secure and it is important that you follow the usage instructions and advice in these terms in order to keep your data safe. If you are a Private User and (1) we provide digital content that is defective and damages a device or other digital content belonging to you, and (2) such damage is caused by our failure to use reasonable skill and care, we will compensate you or repair the device or content (at our election). We will however not be liable for any loss, damage or unauthorised access to your data resulting from defective digital content where you have failed to follow our usage instructions or advice.

We have made the Trustedoctor Platform available to you in reliance upon these Terms (including, these limitations of liability).

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024

You may link to the Website and the App, provided you do so fairly and legally.

You may link to the Website and the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists or which does not correctly represent the contents of the Trustedoctor Platform or our relationship with you. The Website must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on the Trustedoctor Platform other than that set out above, please contact [email protected].

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025

You are responsible for any Content you upload or share over the Trustedoctor Platform, and must comply with our Acceptable Use Policy when doing so. We can remove any Content you have uploaded or shared over the Trustedoctor Platform in violation of these Terms.

All Content made available by a user on or through the Trustedoctor Platform is entirely the responsibility of the person from whom such content originated. Such Content may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

Whenever you make use of a feature that allows you to upload Content to the Trustedoctor Platform or to contact or share Content with other users of the Trustedoctor Platform, you must comply with our Acceptable Use Policy and will be responsible for any breach of that policy. We have the right to remove and discard any Content or materials you have uploaded to the Trustedoctor Platform or shared with other users of the Trustedoctor Platform at any time if you, in our or the relevant Service Provider’s reasonable opinion, have failed to comply with any of the provisions of these Terms (including our Acceptable Use Policy) or your arrangements with such Service Provider.

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026

We are under no obligation to monitor any interactive services on the Trustedoctor Platform and have no liability for any damage arising from the use of such services. Minors using such services should be made aware of the potential risks of online services and always supervised by parent or legal guardian.

We may from time to time provide interactive services on the Trustedoctor Platform, including, without limitation, video calls, chat rooms, bulletin boards, discussion boards and forums.

Where we do provide any interactive service, we will try our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Trustedoctor Platform. However, we do not, and have no obligation to, oversee, monitor or moderate any interactive service we provide on the Trustedoctor Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Acceptable Use Policy.

The use of any of our interactive services by a minor is subject to supervision by their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive services should be made aware of the potential risks to them.

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027

If you wish to cancel your account, you should write to us.

If you would like to cancel your account, you can contact us and inform us that you would like us to delete your account.

Cancelling your account with us and terminating these Terms may not affect your relationship with or obligations to any Service Provider with whom you may be affiliated.

These Terms will terminate if your account is cancelled and you refrain from using the Trustedoctor Platform.

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028

We can suspend or withdraw your access to the Trustedoctor Platform for operational, business, legal or unforeseen reasons beyond our control, if you breach these Terms including our Acceptable Use Policy, or upon request from your Service Provider.

We may suspend or withdraw or restrict the availability of all or any part of the Trustedoctor Platform:

  • for business and operational reasons;

  • in response to unforeseen circumstances beyond our control; or

  • to comply with a legal requirement.

We also reserve the right to suspend or terminate your account or access to the Trustedoctor Platform immediately if you, in our or the relevant Service Provider’s reasonable opinion, have failed to comply with any of the provisions of these Terms (including our Acceptable Use Policy) or any other agreement between you and us.

If we stop (or suspend or terminate) your access to all or part of the Trustedoctor Platform or the services accessible through it, then we will notify you by email or the next time you attempt to access your account.

The services available to you through the Trustedoctor Platform may also be affected by the termination or amendment of the agreement between us and a Service Provider you are affiliated with.

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029

Failure to comply with these Terms may result in suspension or termination of your account or other consequences.

If you, in our or the relevant Service Provider’s reasonable opinion, fail to comply with these Terms (including our Acceptable Use Policy) or any other agreement between you and us, we may take all or any of the following actions:

  • Immediate, temporary or permanent suspension or termination of your account (resulting in the consequences of termination of these Terms, set out in the section below).

  • Immediate, temporary or permanent removal of any material or content transmitted by you over the Trustedoctor Platform.

  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action against you.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

If we stop (or suspend or terminate) your access to all or part of the Trustedoctor Platform or the services accessible through it, then we will notify you by email or the next time you attempt to access your account.

We exclude liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

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030

Termination of these Terms will lead to certain consequences.

These Terms will terminate if your account is cancelled (by us or you) and you refrain from using the Trustedoctor Platform.

Upon termination of these Terms:

  • all rights granted to you under these Terms shall cease;

  • you must cease all activities authorised by these Terms

  • following the cancellation of your account any Content on it will be deleted (except that we may retain any information for so long as we may incur liabilities in relation to it or to the extent required to do so by applicable law, in which case we will keep such information confidential);

  • any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination of your right to use the Trustedoctor Platform shall remain in full force and effect.

Cancelling your account with us and terminating these Terms may not affect your relationship with or obligations to any Service Provider with whom you may be affiliated.

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031

If you have any complaints or disputes, let us try to resolve it between us first.

Your satisfaction is important to us. If you have any complaints, we would like to address them in an amicable manner. You therefore agree to try to resolve any complaint or dispute you might have by contacting us at [email protected]. We will respond to you and try our best to resolve the complaint or dispute informally. If a dispute is not resolved within 30 days of submission, you or us may bring a formal proceeding.

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032

These Terms are governed by Spanish law and any disputes are to be referred to the Spanish courts. If you are a Private User residing in a country or territory with mandatory consumer protection laws, you will be entitled to the protections afforded by those laws.

These Terms, and any dispute or claim arising out of or in connection with them, or their subject matter or formation (including non-contractual disputes or claims) are governed by Spanish law. You and we both agree that any dispute or claim arising out of or in connection with these Terms that cannot be resolved informally amongst us will be subject to the exclusive jurisdiction of the Spanish courts.

However, if you are a Private User, you will be entitled to the protections afforded by any consumer protection law of the country or territory in which you reside that cannot be contracted out of

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033

Certain other important provisions apply to you under these Terms.

We may transfer our rights or obligations under these Terms to someone else while you cannot. We may transfer, assign, or delete any of our rights or obligations under these Terms, in whole or in part, without your consent. You will not transfer, assign or sublicence any of your rights or obligations in whole or in part, under these Terms.

If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, they shall be deemed modified to the minimum extent necessary to make them valid, legal and enforceable and the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing any part of these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Nobody else has any rights under these Terms. Nobody else has any rights under these Terms, which are between you and us. No other person shall have any rights to enforce any of these Terms. Neither of us will need to get the agreement of any other person in order to terminate or make any changes to these Terms.

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034

How can we contact each other?

How may we contact you? We may communicate with you regarding the Trustedoctor Platform and these Terms either by email, phone or by posting notices on the Trustedoctor Platform. You are responsible for providing us with your current email address and phone number.

How can you contact us? You can contact us through the online chat function accessible on the Trustedoctor Platform or by sending an email to [email protected].

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035

We can change these Terms?

We can change, modify add or remove portions of these Terms at any time in our sole discretion without prior notice to you. It is your responsibility to check these Terms periodically for changed. The most current version of these Terms will be available on the Website.

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036

Glossary.

App

the Trustedoctor mobile application software

Content

any content, such as text, messages and other communications, and audio, video, images, documents and other files, including medical records such as X-ray and imaging reports, that a user inputs, uploads, stores, sends or receives through their account on the Trustedoctor Platform

Private User

a patient, policyholder, customer or other service recipient registered on the Trustedoctor Platform for the purpose of receiving services from Service Providers

Professional User

a health specialist, expert, doctor, dietitian, insurance provider, administrator, other healthcare professional or individual such as an adviser or coach registered on the Trustedoctor Platform for the purpose of providing medical or health-related services or assistance

Provider Services

the services offered and/or provided by Service Providers to registered users of the Trustedoctor Platform, through the Trustedoctor Platform or otherwise

Service Provider

collectively, Professional Users and Trustedoctor Partners

Trustedoctor (or TD)

Further Underwriting International, S.L.U, a company incorporated in Spain, holder of VAT number ESB83644484, and whose registered office is at Paseo de recoletos 12, 28001 Madrid, Spain

Trustedoctor Partner

an individual or entity who has entered into a contract with TD to provide or offer various healthcare and/or related services who employ or are otherwise affiliated with certain Professional Users (and on whose behalf such Professional Users provide their services to Private Users)

Trustedoctor Platform

the Website, the App, any other Trustedoctor product and the services that Trustedoctor provides on, through or in relation to them

Website

the website Trustedoctor.com or other Trustedoctor owned, operated, licensed or controlled websites and their respective sub-domains

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Acceptable use policy

This Acceptable Use Policy sets out the limitations that apply to your use of the Trustedoctor Platform, and supplements our Terms of Use. It applies to both visitors to, and users of, the Trustedoctor Platform. Please read it carefully before using the Trustedoctor Platform. We recommend that you print a copy of this policy for future reference.

001

By using the Trustedoctor Platform you agree to the terms in this Acceptable Use Policy.

Your use of the Trustedoctor Platform means that you accept, and agree to abide by, all the terms in this Acceptable Use Policy. If you do not agree to this policy, you must not use the Trustedoctor Platform.

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002

You are responsible for your own conduct and all conduct under your account on the Trustedoctor Platform. You are only allowed to use the Trustedoctor Platform for lawful purposes, and certain uses of the Trustedoctor Platform are prohibited.

When you use the Trustedoctor Platform, you are responsible for your own conduct and all conduct under your account. You may only use the Trustedoctor Platform for lawful purposes. You are not allowed to use, or allow anyone else to use, the Trustedoctor Platform in the following prohibited ways:

  • In any way that breaches any applicable local, national or international law or regulation (including without limitation those related to the monitoring of communication, unsolicited advertising or marketing, or data protection or privacy).

  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

  • Creating a false identity or otherwise attempting to mislead others as to your identity or misrepresenting your authorisation to act on behalf of someone else.

  • In any way that materially interferes with our business or activities or harms other users of the Trustedoctor Platform.

  • For the purpose of harming or attempting to harm minors in any way.

  • To bully, insult, intimidate or humiliate any person.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.

  • Without the supervision of your parent or legal guardian if you are under 18 years of age (or the age of majority in your jurisdiction) or do not have legal capacity.

  • Interfere with any other user’s use or enjoyment of the Trustedoctor Platform.

  • Transmit any material, data, or content that infringes the intellectual property rights or other rights of third parties.

  • Attempt to clinically diagnose yourself.

  • Unless you are licensed and legally authorised to do so, prescribe treatments to other users.

  • Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  • Knowingly transmit any data, send or upload any material to the Website or the App that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

  • Attempting to bypass or break any security mechanism on the Website or the App or using the Trustedoctor Platform in any other manner that poses a material security or service risk to us or any of the other users of the Trustedoctor Platform.

  • Reverse-engineering the Website or the App in order to copy or replicate our software, find limitations or vulnerabilities, or evade filtering capabilities.

  • Using or attempting to use the Trustedoctor Platform to contact or allow others to contact emergency services.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Trustedoctor Platform in contravention of the provisions of our Terms of Use;

  • to only use the Trustedoctor Platform for personal or household use, or, if you are a Professional User, for the purpose of providing your services through the Trustedoctor Platform in accordance with your arrangement with us or, if applicable, the Trustedoctor Partner with whom you are affiliated;

  • not to use the Trustedoctor Platform to store or share personal data of any other person unless you do so with their authorisation, and, if you’re a Professional User, in accordance with our agreement with you (including but not limited to the Data Protection Addendum);

  • not to access without authority, interfere with, damage or disrupt:

    • any part of the Website or the App;

    • any equipment or network on which the Website or the App is stored;

    • any software used in the provision of the Trustedoctor Platform; or

    • any equipment or network or software owned or used by any third party; and

  • not to use the Trustedoctor Platform as a medical device or use any images available through the Trustedoctor Platform (including any annotated images) for diagnostic or scientific use.

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003

Any material or content you transmit over the Trustedoctor Platform must be in line with our content standards. This means, among other things, that such material or content should be accurate, not infringe any copyright or data protection laws, and not be defamatory or obscene.

The content you input, upload, store, or send from your account on the Trustedoctor Platform is your sole responsibility as the person who created the content or introduced it onto the Trustedoctor Platform. This applies whether it is kept private, shared or transmitted on the Trustedoctor Platform. All material or content you transmit over the Trustedoctor Platform have to comply with our content standards, in letter and in spirit.

If we find out or have reasonable grounds to suspect that any of the content you transmit over the Trustedoctor Platform violates these standards (including by violating another person’s intellectual property or privacy rights), we will in our sole discretion determine whether any such material or content breaches our content standards.

Our content standards mean that any material or content you transmit over the Trustedoctor Platform must:

  • be accurate (where they state facts);

  • be genuinely held (where they state opinions); and

  • comply with applicable law,

and must not:

  • be defamatory of any person;

  • be obscene, offensive, hateful or inflammatory, inappropriate, illegal, or otherwise objectionable to any person or entity;

  • promote sexually explicit material;

  • promote violence;

  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringe any copyright, database right or trade mark of any other person;

  • violate data protection legislation or anyone’s privacy rights;

  • be likely to deceive any person;

  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • be in contempt of court;

  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety

  • be likely to harass, upset, embarrass, alarm or annoy any other person;

  • give the impression that they emanate from us, if this is not the case;

  • advocate, promote, incite any party to commit, or assist any illegal act; or

  • contain a statement which could be understood as a direct or indirect encouragement or inducement to the commission, preparation or instigation of acts of terrorism.

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004

Breach of this Acceptable Use Policy may result in suspension and termination of your account or other consequences in accordance with our Terms of Use.

We will determine, in our sole discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Trustedoctor Platform or as a result of the content you transmit through it. When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate, including suspension or termination of your account, removal of any material or content uploaded by you to the Trustedoctor Platform or legal action against you.

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005

Please contact us if you find any unacceptable content on the Trustedoctor Platform.

If you find any content on the Website or the App to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third-party rights, deceptive in any way or otherwise in breach of our content standards, please contact us via email or chat. We take complaints seriously and on receipt of your complaint we will investigate whether the content breaches our content standards or this policy and may, at our discretion, remove or block access to the content complained of.

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006

We can change this Acceptable Use Policy.

We may revise this policy at any time. The most current version of this policy can be reviewed by clicking on the “Terms of Use and Acceptable Use Policy” hypertext link on the Website or App or, if you have a Trustedoctor account, under the settings on your dashboard. We will notify you of any material changes through email and/or a notice on the Trustedoctor Platform. If you do not agree to such changes, you should cancel your account and must not use the Trustedoctor Platform. Your continued use of the Trustedoctor Platform after the date the modified policy is posted will constitute your acceptance of the modified terms.

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007

Glossary.

App

the Trustedoctor mobile application software

Content

any content, such as text, messages and other communications, and audio, video, images, documents and other files, including medical records such as X-ray and imaging reports, that a user inputs, uploads, stores, sends or receives through their account on the Trustedoctor Platform

Private User

a patient, policyholder, customer or other service recipient registered on the Trustedoctor Platform for the purpose of receiving services from Service Providers

Professional User

a health specialist, expert, doctor, dietitian, insurance provider, administrator, other healthcare professional or individual such as an adviser or coach registered on the Trustedoctor Platform for the purpose of providing medical or health-related services or assistance

Provider Services

the services offered and/or provided by Service Providers to registered users of the Trustedoctor Platform, through the Trustedoctor Platform or otherwise

Service Provider

collectively, Professional Users and Trustedoctor Partners

Trustedoctor (or TD)

Further Underwriting International, S.L.U, a company incorporated in Spain, holder of VAT number ESB83644484, and whose registered office is at Paseo de recoletos 12, 28001 Madrid, Spain

Trustedoctor Partner

an individual or entity who has entered into a contract with TD to provide or offer various healthcare and/or related services who employ or are otherwise affiliated with certain Professional Users (and on whose behalf such Professional Users provide their services to Private Users)

Trustedoctor Platform

the Website, the App, any other Trustedoctor product and the services that Trustedoctor provides on, through or in relation to them

Website

the website Trustedoctor.com or other Trustedoctor owned, operated, licensed or controlled websites and their respective sub-domains

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