Terms of Service

1. Who we are

These Terms govern your use of the FlexyCare platform, website, and related services (collectively, the "Services") provided by Carniglia Santiago Martín, monotributista, CUIT 20-32036002-2, located in Posadas, Misiones, Argentina ("FlexyCare", "we", "us"). For privacy questions, see our Privacy Policy.

2. Acceptance of Terms

By creating an account, accessing, or using the Services, you agree to these Terms. If you are accepting these Terms on behalf of a clinic, organization, or other legal entity, you represent that you have authority to bind that entity, in which case "you" and "your" refer to that entity.

If you do not agree to these Terms, do not use the Services.

3. The Services

FlexyCare is a healthcare practice management platform that provides, among other features, appointment scheduling, clinical documentation, client and provider management, team collaboration, and notifications. Specific features available may vary by plan, region, and whether your organization is participating in our early-access program.

We may add, modify, or remove features, and we may change or discontinue parts of the Services at our discretion, with reasonable notice where practicable.

4. Early-access program

While the Services are in early access, you understand and agree that:

• The Services are provided "as is" and may be incomplete, contain bugs, or experience downtime.
• Features, pricing, and terms may change as the platform matures. We will give you reasonable notice of material changes.
• Pricing during early access (including any discounts or free tiers) is at our discretion and may be modified going forward, with notice.
• You agree to provide reasonable feedback if requested, though such feedback is not mandatory.

5. Eligibility and accounts

You must be at least 18 years old and legally able to enter into a contract. Healthcare professionals using the Services must hold valid credentials in their jurisdiction.

You are responsible for keeping your account credentials secure and for all activity under your account. Notify us immediately at contacto@flexycare.co if you suspect unauthorized access.

6. Acceptable use

You agree not to:

• Use the Services to violate any law or regulation, including health, privacy, and consumer-protection laws.
• Upload content that infringes on someone else's rights, that contains malware, or that is otherwise unlawful.
• Reverse engineer, decompile, or attempt to extract the source code of the Services.
• Resell, sublicense, or provide the Services to third parties without our written authorization.
• Send unsolicited communications ("spam") through the Services, including via WhatsApp, SMS, or email.
• Probe, scan, or test the vulnerability of the Services without authorization.
• Interfere with, disrupt, or impose unreasonable load on the Services.

7. Customer data and your responsibilities as a healthcare provider

If you use the Services to manage patient information, you are the data controller of that information under Argentine Ley 25.326. You are responsible for:

• Having a valid lawful basis to collect, store, and process your patients' data.
• Obtaining any consents required from your patients, including for sensitive (health) data.
• Complying with all applicable health and privacy regulations in your jurisdiction.
• Ensuring the accuracy of the data you upload.
• Responding to data-subject requests from your patients (we will assist as required).

We act as your data processor with respect to patient data, as described in the Privacy Policy.

8. Intellectual property

The Services, including all software, designs, logos, text, and other content we provide, are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.

You retain ownership of the data you upload (including patient data, files, and content). You grant us a worldwide, non-exclusive license to host, process, and transmit that data solely as needed to provide the Services to you.

9. Third-party services

The Services integrate with third-party providers, including Amazon Web Services, Meta Platforms (WhatsApp Business Platform), Mercado Pago, and ARCA / AFIP. Your use of those integrations may be subject to the third party's terms. We are not responsible for third-party services beyond our reasonable control.

10. Fees and payment

If your plan includes paid features, you agree to pay the fees displayed at sign-up or in the Services. Fees are stated in Argentine pesos (ARS) unless otherwise specified. Taxes (including IVA where applicable) are your responsibility unless we are required by law to collect them.

We may change fees with reasonable advance notice. If you do not agree to a fee change, your remedy is to cancel before the change takes effect.

11. Disclaimers

The Services are not a medical device and do not provide medical advice. The Services do not replace your professional judgment. You are solely responsible for all clinical decisions you make.

Except as expressly stated in these Terms, the Services are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

12. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or related to these Terms or the Services will not exceed the amount you paid us during the twelve months preceding the event giving rise to the claim, or — if you have not paid us — five thousand Argentine pesos (ARS 5,000).

In no event will we be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption.

These limits do not apply to liability that cannot be limited under Argentine law.

13. Indemnification

You agree to indemnify and hold us harmless from any claim by a third party (including your patients) arising out of (a) your use of the Services in breach of these Terms, (b) your violation of any law or third-party right, or (c) the data you uploaded.

14. Term and termination

These Terms apply for as long as you use the Services. You may stop using the Services and request account closure at any time by emailing contacto@flexycare.co . We may suspend or terminate your access if you breach these Terms or if your use of the Services creates a security or legal risk.

On termination, we will make your data available for export for a reasonable period before deletion, subject to legal retention requirements.

15. Governing law and jurisdiction

These Terms are governed by the laws of the Argentine Republic. Any dispute arising out of these Terms will be submitted to the ordinary courts of the city of Posadas, Misiones, Argentina, except where consumer protection law mandates a different jurisdiction.

16. Changes to these Terms

We may update these Terms from time to time. The "Effective date" reflects the latest version. Material changes will be communicated by email or through the Services with reasonable notice. Continued use of the Services after the changes take effect means you accept the updated Terms.

17. Contact

For questions about these Terms, contact us at: