Terms of Service

1. Definitions

In these Terms of Service, the following definitions apply:

• "Company" — Special Medicine Deployment S.r.l., the legal entity operating CheckUP MD
• "Platform" — the CheckUP MD telemedicine service, including the web application, APIs, and associated services
• "Enterprise Partner" — a business or organisation that has entered into a commercial agreement with the Company
• "User" / "Patient" — an individual who accesses medical consultations through the Platform
• "Physician" — a licensed Italian medical doctor registered with the Ordine dei Medici, delivering consultations through the Platform
• "Consultation" — a telemedicine session between a User and a Physician conducted through the Platform

2. Acceptance of Terms

By accessing or using the CheckUP MD Platform — whether as an Enterprise Partner, User, or website visitor — you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not access or use the Platform.

Enterprise Partners must also comply with the terms of their executed commercial agreement and Data Processing Agreement (DPA), which take precedence over these general Terms where they conflict.

3. Nature of the Service

CheckUP MD is a telemedicine platform that facilitates non-emergency medical consultations between Users and licensed Italian physicians. The Platform provides:

• Video, telephone, and messaging consultations with licensed Italian physicians
• Symptom assessment, clinical triage, and treatment recommendations
• Digital prescription issuance where clinically and legally appropriate
• Consultation documentation and electronic health records
• Referral guidance to appropriate in-person facilities when necessary

The Platform is designed for non-emergency consultations. It does not replace emergency medical services, in-person clinical examinations, or specialist care where those are clinically required.

4. Medical Disclaimer

Consultations delivered through CheckUP MD are conducted by licensed Italian physicians acting within their professional scope of practice and under Italian medical law. However:

• Telemedicine consultations have inherent limitations compared to in-person examinations
• Clinical recommendations are based on information provided by the User and may not capture all relevant medical factors
• Users are responsible for accurately and completely disclosing relevant medical history and symptoms
• Physician recommendations do not constitute a substitute for in-person care where such care is clinically indicated
• The Company does not guarantee specific clinical outcomes

5. Eligibility and Access

5.1 Enterprise Partners

Access to the Platform as an Enterprise Partner requires execution of a commercial agreement with Special Medicine Deployment S.r.l. Partners are responsible for ensuring that Users accessing the Platform through their programs comply with these Terms.

5.2 Users / Patients

Users must:

• Be 18 years of age or older, or have the consent of a legal guardian
• Provide accurate identity and medical information
• Not use the Platform for any emergency condition requiring immediate in-person medical attention
• Comply with instructions provided by treating physicians

6. Obligations of Enterprise Partners

Enterprise Partners accessing the Platform agree to:

• Use the Platform solely for purposes specified in their commercial agreement
• Not resell, sublicense, or redistribute Platform access without written authorisation
• Implement appropriate measures to protect User credentials and access
• Comply with all applicable data protection laws, including GDPR, in relation to User data processed through the Platform
• Execute and adhere to a Data Processing Agreement (DPA) as required by GDPR Article 28
• Notify the Company promptly of any security incidents or suspected data breaches
• Ensure their promotional materials accurately represent the scope and limitations of the service

7. Intellectual Property

All content, software, technology, trademarks, and materials comprising the CheckUP MD Platform are the exclusive property of Special Medicine Deployment S.r.l. or its licensors. Nothing in these Terms grants any right to use the Company's intellectual property except as expressly permitted in a written agreement.

Enterprise Partners may not copy, modify, distribute, reverse-engineer, or create derivative works from the Platform without prior written consent.

8. Confidentiality

Both parties agree to maintain the confidentiality of information designated as confidential under any executed commercial agreement. This obligation survives termination of the agreement for a period of five (5) years.

Medical consultation records are subject to the confidentiality provisions of Italian medical law and GDPR in addition to any contractual confidentiality obligations.

9. Data Protection

The collection, processing, and storage of personal data through the Platform is governed by our Privacy Policy and, for Enterprise Partners, by the applicable Data Processing Agreement.

10. Limitation of Liability

To the maximum extent permitted by applicable Italian and EU law:

• The Company's total liability shall not exceed the fees paid by the Enterprise Partner in the twelve (12) months preceding the event giving rise to the claim
• The Company shall not be liable for indirect, incidental, consequential, or punitive damages
• The Company shall not be liable for damages arising from a User's failure to seek emergency medical care, or from inaccurate information provided during a consultation
• Nothing in these Terms excludes liability for fraud, death or personal injury caused by negligence, or any liability that cannot be excluded under Italian law

11. Indemnification

Enterprise Partners agree to indemnify and hold harmless Special Medicine Deployment S.r.l. and its physicians, officers, and employees from any claims, damages, or expenses arising from:

• The Partner's breach of these Terms or any executed agreement
• The Partner's violation of applicable law
• Misrepresentation of the Platform's scope or capabilities to end users
• Unauthorised use of the Platform by persons granted access by the Partner

12. Service Availability

The Company endeavours to maintain Platform availability 24 hours a day, 365 days a year. However, the Company does not guarantee uninterrupted service and is not liable for downtime caused by scheduled maintenance, force majeure events, third-party infrastructure failures, or circumstances beyond its reasonable control.

13. Termination

Either party may terminate an enterprise agreement in accordance with its terms. The Company reserves the right to suspend or terminate Platform access immediately if a Partner or User breaches these Terms, if required by law, or if continued access presents a risk to patient safety or data security.

14. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of Italy. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Italy, unless otherwise agreed in writing between the parties.

15. Changes to These Terms

The Company may update these Terms from time to time. Enterprise Partners will be notified of material changes with reasonable advance notice. Continued use of the Platform after the effective date of any change constitutes acceptance of the revised Terms.

16. Contact

For any questions or concerns regarding these Terms of Service: