Terms of Service

These Terms of Service ("Terms") govern your use of the Hoomina software-as-a-service platform ("Service") provided by Hoomina S.L. ("Hoomina", "we", "us"). By creating an account or using the Service, you ("Customer") accept these Terms.

1. Definitions

• Service: the Hoomina web application, APIs, and associated documentation.
• Customer Data: data submitted to the Service by the Customer or its End Users, including patient records.
• End User: a clinic staff member or patient authorised by the Customer to use the Service.

2. License to use

Subject to these Terms, Hoomina grants the Customer a non-exclusive, non-transferable, worldwide right to access and use the Service during the subscription term.

3. Customer responsibilities

• Maintain the confidentiality of credentials and ensure End Users comply with these Terms.
• Obtain and document patient consent for any data uploaded to the Service, in line with applicable medical and data-protection law.
• Use the Service only for lawful purposes and not to upload content you do not have the right to upload.
• Acknowledge that Hoomina's AI features are clinical decision support and do not replace professional clinical judgment.

4. Payment terms

Fees are billed in advance, monthly or annually, in the currency listed on the Customer's order. Fees are non-refundable except as required by law. Hoomina may revise pricing on at least 30 days' written notice.

5. Data ownership

You own your patient data. Hoomina processes Customer Data only on the Customer's documented instructions, as set out in the Data Processing Agreement. Customer Data remains the property of the Customer at all times.

6. Confidentiality

Each party agrees to protect the other's confidential information using the same care it uses for its own confidential information of similar importance, and not less than reasonable care.

7. Termination

Either party may terminate these Terms with 30 days' written notice or immediately for material breach not cured within 15 days of notice. Upon termination, the Customer may export Customer Data for 30 days, after which it will be deleted in accordance with the DPA.

8. Warranties and disclaimer

The Service is provided "as is" and "as available". Except as expressly stated, Hoomina disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

9. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages. Each party's aggregate liability arising out of or related to these Terms will not exceed the fees paid by the Customer to Hoomina in the 12 months preceding the event giving rise to the claim.

10. Indemnification

The Customer will defend and indemnify Hoomina against third-party claims arising from (a) Customer Data, (b) the Customer's breach of these Terms, or (c) the Customer's clinical decisions. Hoomina will defend the Customer against third-party claims that the Service infringes a registered intellectual property right.

11. Governing law and venue

These Terms are governed by the laws of Spain, without regard to conflict-of-laws principles. The courts of Madrid, Spain have exclusive jurisdiction over any dispute arising from these Terms, subject to any mandatory consumer-protection law.

12. Severability and assignment

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. Neither party may assign these Terms without the other's prior written consent, except to an affiliate or in connection with a merger or sale of substantially all assets.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms? Contact legal@hoomina.com.