Terms and Conditions

I. Introduction

This document presents the terms under which you can access and use omnimedica, (hereinafter omnimedica), a SaaS (Software as a Service) software application, provided “as is” and managed by High-Tech Systems & Software SRL, a limited liability company, operating under the conditions of Romanian Law, with registered office in Bucharest, Sector 1, Bulevardul Bucureștii Noi, nr. 25A, registered with the Trade Register under no. J40/4847/2012, with Unique Registration Code 30126940 (hereinafter the Company).

With omnimendica HistoPath you have all the tools you need for efficient laboratory management just a click away. All you need is a stable internet connection and a browser from which you can instantly access the platform.

No matter where users are located, the application runs error-free in any language. With the implementation of telepathology, the platform will also solve the shortage of specialised medical staff in any field.

With omnimedica, the most seamless solution for managing medical schedules and consultations, reduce your clinic’s operational costs and quickly increase patient visits. More time saved, more happy patients!

With omnimedica, your doctor will never have to worry about keeping track of their calendar. Thanks to htss innovative system, managers can view appointments in multiple ways, per day or per doctor, and can track patient sources and evaluate related marketing campaigns.

In addition, the platform has a custom patient appointment tracking functionality that automatically sends notifications about upcoming visits, in addition to classic integrations with call-center and SMS services.

Integration with national health insurance companies does not require additional user actions at reception desk. The signature and validation process is automatic. Patient payments and settlements are made very easily, providing full control of cash flow at patient level.

The company has the right to modify the contents of this document at any time, the latest version can be consulted at any time by accessing the dedicated section, the applicable version of this document being the one published on omnimedica at the time of reporting. If someone does not agree with the modification of the Terms and Conditions of Use, they may at any time cease using omnimedica. Continued use of omnimedica after modification of the Terms and Conditions shall constitute implicit acceptance of the modified Terms and Conditions.

Any reference to the singular includes the plural and vice versa.

II. Definitions

Customer: a legal entity wishing to take advantage of the omnimedica features for a fee; details of charges and billing are detailed below.
Customer representative: Customer representative with administration rights in omnimedica, who can add, edit and manage data related to the organisation, its divisions, locations, employees, work schedule, create and add users, etc.

3. User(s): the Customer’s employee(s) for whom the Customer’s Representative has created an account on omnimedica. User access to omnimedica depends on the relationship between the Customer and the User and the role of the User in the organisation (director, manager, employee, etc.).

4. Profile: section of omnimedica that allows Customer Representatives and Users to access, modify, update their personal and professional data. Access to all features of the Profile Sections may be restricted to some Users, depending on the User’s role in the organisation.

5. Contract with the Company: the omnimedica user agreement entered into by and between the Client and the Company. The Customer enters into a legally binding agreement with the Company in accordance with Terms and Conditions herein, to access and benefit from the omnimedica features (“Services”).

6. Services: all omnimedica features that the Company may now or in the future make available to their Customers, including but not limited to adding, editing, deleting information relating to the Customer’s organization and/or their employees/collaborators/employees/associates, etc. (hereinafter referred to as “Staff”). Depending on the type of access, some Services may not be available to the Customer or certain Users and/or Customer Representatives.

7. Notifications/Alerts: means of periodic information, exclusively electronic (e-mail, dedicated omnimedica section) about the Services, other advertising messages of the Company or any other notifications that may be of interest to Customers. Preferences regarding Notifications are made by accessing the options provided in the dedicated section or by contacting the Company at the following e-mail address: office@htss.ro. Opting out of receiving Notices does not imply opting out of these Terms

8. Feedback: An evaluation based on personal experience with omnimedica submitted by the Customer, the Customer’s Representative, the User via e-mail or via the dedicated omnimedica section.

9. Personal Data: personal data provided by the Customer Representative and/or User when using omnimedica and related Services, processed in accordance with the Privacy Policy.

10. Misuse: the use of omnimedica in a manner contrary to omnimedica’s rules, industry practices, regulations and legislation in force or in any other manner that may cause harm to the Company and/or their collaborators and/or other Customers, Customer Representatives and/or Users. In addition to the termination of the Contract, misuse may entail the civil or criminal liability of the responsible person/persons. Misuse includes the use of the omnimedica app in a manner inconsistent with applicable law, posting obscene, defamatory, threatening or malicious feedback/messages to the Company and material or information prohibited by applicable law.

III. General Access

1. Omnimedica is a paid Business to Business (B2B) service, accessible from most electronic devices that have a web browser and a stable internet connection, and is also accessible as a mobile app from mobile devices running with Android or iOS.

2. Access to omnimedica and its Services is granted only to those Customers who meet the requirements described by the Company in their materials. Once a Customer gains access to omnimedica, they must create an account using the details of the Customer’s Representative, who will be able to add Users and set their associated access rights.

1. Conditions for the Customer

3. In order to become a Customer, an organisation must comply with the following conditions:

a) be a legally registered entity that can provide proof of registration with the national authorities, as well as proof that they hold all necessary authorisations for their activities, if requested;

b) Pay the required fees as described in this document and agreed with the Company;

c) Use a device capable of running omnimedica;

d) Read and accept the Terms and Conditions, Privacy Policy and Cookie Policy applicable to omnimedica. Failure to accept same will result in the inability to use omnimedica;

e) Provide truthful data upon registration and act in good faith in dealing with the Company;

4. In order to be an omnimedica Customer, an organization must follow the following steps:

a) Pay the fees as instructed in this document and as agreed with the Company and appoint a Representative who will register with omnimedica;

b) Register with omnimedica once informed that registration is possible. The registration procedure consists of filling in the data requested by omnimedica, creating a password and confirming the account (by e-mail). The following personal data are required for registration: (i) e-mail address; (ii) first and last name; (iii) position in the Customer’s organisation;

c) The Company has the right to request additional information or personal data to ensure that a Customer meets the membership criteria.

Fees and Billing

5. As omnimedica is a B2B service, our Services are made available for a fee, the amount of which depends on the type of access requested by the Customer (Fee). The Company and the Customer will determine the type of access, the applicable Tariff, the terms and conditions of billing and payment by concluding a separate agreement.

Termination of access to omnimedica:

6. The Agreement may be terminated at any time: (i) by mutual agreement; (ii) non-payment of the Tariff and any additional charges within the payment term; (iii) breach of the Agreement, these Terms and Conditions and/or the Privacy Policy; (iv) at the Company’s option, with a 30 days’ notice.

IV. Omnimedica Rules

1. Permitted Rules: You agree that:

You will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, labor laws and regulatory requirements.
You will provide accurate information and keep same up to date.
You will use real data on the organisation and Staff;

and

You will use the Services in a professional manner and conduct yourself in a fair and civil manner towards other omnimedica participants.

2. Unpermitted Rules: You agree that:

You will not create a false identity on omnimedica, misrepresent your identity, or create a profile for anyone other than yourself (a real person) or the Users/Organization Staff, if authorized, and you will not use or attempt to use another person’s account;
You will not use omnimedica and related Services to circumvent applicable laws regarding Employees and related personal data (e.g., force your Employees into unwanted/illegal actions; use the Services to avoid paying bonuses or to make it difficult/impossible for the Employees to meet their goals/targets; exercise improper control over the Employees and/or employee personal data, etc.);
You will not develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plug-ins and add-ons or any other technology) for collecting (scraping) the Services or otherwise copying profiles and other data related to the Services.
You will not copy, use, disclose or distribute any information obtained from accessing the Services, either directly or through third parties (such as search engines), without omnimedica’s consent;
You will not infringe any intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
You will not infringe omnimedica‘s intellectual property or other rights, including, without limitation, (i) copying or distributing the Services or (ii) copying or distributing our technology, unless it is released under open-source licenses.
You will not post content with viruses or worms or any other harmful code.
You will not imply or state that you are affiliated with or endorsed by omnimedica without the express consent of the Company (e.g., by introducing yourself as an accredited omnimedica representative).
You will not rent, lease, loan, trade, sell/resell or otherwise monetize the Services or related data or access thereto without the Company’s consent.
You will not create links to secondary pages (deeplinking) to features and content available on omnimedica without the Company’s consent.
You will not use bots or other automated methods to access the Services, add or download contacts, send or forward messages.
You will not monitor the availability, performance or functionality of the Services for competitive purposes.
You will not overlay or otherwise alter the Services or the layout thereof (such as inserting items into the Services or removing, covering or hiding an advertisement contained in the Services);
You will not interfere with the operation of the Services or overload the Services (e.g., spam, denial of service attacks, viruses, harmful algorithms);

V. Intellectual Property Rights

1. COMPANY HAS NO ACCESS TO DATA POSTED ON omnimedica , ANY INTERVENTION FOR THE PURPOSE OF THE SERVICES WILL BE MADE ONLY IF PERMITTED BY CUSTOMER.

2. NO content existing on omnimedica may be downloaded without prior consent of omnimedica, with the exception of content owned by the Customer regarding their organization and Staff (tables with commercial data, names, Staff positions, business forecasts, etc.).

3. You acknowledge and agree that omnimedica may contain content or features that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, duplicate, collect, rent, lease, loan, sell, distribute or create derivative works based on omnimedica, including any components of the content thereof, in whole or in part, except to the extent that the foregoing applies strictly to Customer’s own content that you lawfully upload to omnimedica.

4. You will not engage in or use data mining, bots, scraping or similar data gathering or extraction methods. If access to omnimedica is blocked by the Company (including by blocking your IP address), you agree not to implement any measures to avoid such blocking (for example, by masking your IP address or using a proxy IP address).

5. Any use of omnimedica other than as specifically authorized herein is strictly prohibited. The technology and software underlying omnimedica or distributed in connection with omnimedica are the property of the Company, its affiliates and partners. You agree not to copy, modify, create derivative works from, reproduce, attempt to learn the source code of, sell, assign, sublicense or otherwise transfer your rights in omnimedica. Any rights not expressly granted herein are reserved to the Company.

6. The Company’s name and logos are the Company’s trademarks and registered trademarks. Other Company’s products and service names and logos used and displayed through omnimedica may be trademarks or registered trademarks of their respective owners who may or may not endorse or be affiliated or connected with the Company. Nothing contained in the Terms and Conditions herein or in omnimedica shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company’s trademarks displayed on omnimedica without prior written permission in each case. All goodwill generated from the use of the Company’s trademarks shall inure solely to the benefit of the Company.

7. Under no circumstances shall the Company be liable in any way for the content or materials of any third party (including Customers, Customer Representatives, Users), including, but not limited to, for any errors or omissions in the content or for any loss or damage of any kind incurred as a result of the use of such content. You agree that they must evaluate and bear all risks associated with the use of Content, including reliance on the accuracy, completeness or usefulness of such Content.

8. With respect to content or other materials uploaded through omnimedica or shared with others, you represent and warrant that you own all right, title and interest in and to such content, including, without limitation, all copyright and publicity rights therein.

9. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about omnimedica provided to the Company are non-confidential, and the Company shall be entitled to unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without prior notice or compensation to you.

10.

VI. Protection of Personal Data

1. Any personal data processing shall be carried out in accordance with the legal provisions in force, in the manner and by the means set out in the Privacy Policy.

VII. Assignment and subcontracting

1. The Company may assign to and/or subcontract to a third party for the Omnimedica Services without your consent.

VII. Privacy

1. The Company will maintain the confidentiality of any information they receive, except as set forth herein. Disclosure of provided information may only be made under the conditions stated herein.

2. You will not make any public statement, promotional act, press release or any other disclosure to third parties regarding omnimedica and your contractual relationship with the Company, without the Company’s prior written consent.

IX. Force Majeure

1. Neither party shall be liable for partial or total non-performance or delay in performance of the obligations undertaken therein, where such non-performance or delay was caused by force majeure.

2. The Party invoking force majeure shall inform the other Party in writing no later than 15 (fifteen) days after the date of the occurrence of the force majeure event and shall be obliged to take the necessary measures to limit the effects thereof, unless such measures are very costly.

3. The Party invoking force majeure shall also notify the other Party of the termination of the force majeure event within five (5) days of its termination.

4. If the force majeure lasts for more than 15 calendar days, either party may terminate the contract, by written notice to the other party, without the intervention of the court and without any obligation to pay compensation in this regard.

5. For the avoidance of any doubt, payment obligations arising from the omnimedica use shall not be affected by force majeure.

X. Representations and limitation of liability

1. The Company declares that they have all necessary authorisations, approvals, qualifications and experience to run and provide the omnimedica Services.

2. By using omnimedica, you express your choice and confidence in the Company and the services provided by the Company.

3. You must ensure that your devices meet the specifications required for omnimedica operation, and that all costs involved in relation thereto will be borne by you (compatible devices, active internet connection, etc.).

4. Under no circumstances may omnimedica be used for purposes other than those mentioned herein. You understand and agree that you will not interfere in any way with omnimedica to make unauthorized changes/modifications, and that you will be fully liable for any damages caused in the event of a breach in this regard.

5. The Company will constantly update relevant information for Customers/Customer Representatives and Users.

6. You understand that the Company has no obligation to verify and act and is not responsible for:

o the accuracy or truthfulness of the data declared by you,

o the content published/accessed through omnimedica,

o the effects of omnimedica on any person using omnimedica, including the Customer and their subsidiaries or Personnel,

o the interpretation or use given to omnimedica content,

o actions taken by Customers/Customer Representatives/Users as a result of accessing omnimedica

7. Omnimedica is available “as is”, “with all faults” and “as available”. The company makes no express or implied warranties to omnimedica. Omnimedica makes no warranties, including warranties of merchantability, satisfactory quality, reliability for any particular purpose or need.

8. You understand that access to omnimedica may terminate or be subject to change, and Company shall have no liability in such event.

9. The Company assumes no responsibility for omnimedica outages for upgrades, maintenance, lack of internet or other scenarios where omnimedica cannot be accessed for reasons beyond the Company’s control. Nothing contained herein shall be construed as a commitment by the Company to 100% functionality of omnimedica at all times.

10. The Company shall not be liable for any loss suffered by any person while using omnimedica nor for any indirect, special, incidental or consequential damages arising out of the use or inability to use omnimedica.

11. For the avoidance of doubt, the Company shall not be liable for any indirect loss or damage (including but not limited to loss of profit or opportunity), damages of any kind, costs, expenses or claims for consequential damages (howsoever caused) which you or any third party may suffer as a result of or in connection with the performance by the Company of any the obligations thereof and for damages resulting from the use of omnimedica. You agree to hold harmless and indemnify or hold harmless the Company and their affiliates, officers, employees, directors and agents from and against any loss, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injuries (including death) arising out of or in connection with your use of omnimedica, any user-generated content, their connection to omnimedica, your violation of the Terms and Conditions herein or your violation of any rights of another.

12. By using omnimedica you assume responsibility for keeping the confidentiality of own and your users’ data (user and password) and for managing access to omnimedica and, to the extent permitted by the applicable law, you are responsible for your activity on the omnimedica application. You will notify the Company immediately if you become aware of any breach or attempt to access your account without consent.

XI. Dispute Resolution

1. The use of omnimedica, the conclusion, performance and termination of the contract are governed by Romanian law, as amended, where necessary, by the applicable European law.

2. Any dispute arising from the omnimedica use shall be settled amicably, against supporting documents. If the parties do not reach an agreement, within a maximum of 60 days from the initiation, the dispute will be definitively settled by the competent Romanian courts with jurisdiction where the Company’s registered office is located.

XII. Fraudulent actions

ANY ATTEMPT TO ACCESS THE PERSONAL DATA OF OTHER omnimedica USERS OR TO MODIFY THE CONTENT OF omnimedica OR TO AFFECT THE PERFORMANCE OF THE SERVER ON WHICH omnimedica IS OPERATING SHALL BE CONSIDERED A FRAUD ACCOUNT AND WILL LEAD TO THE INITIATION OF LEGAL ACTION AGAINST THOSE RESPONSIBLE.