Terms and Conditions

ANA Familiar, is a web-based application, published by Paz Mental S.A.P.I. DE C.V., (hereinafter Paz Mental).

Paz Mental is a commercial company incorporated under the laws of the United Mexican States, with registered address at Calle Campeche 289, Col. Hipodromo Condesa, Alcaldía Cuauhtémoc, Mexico City, C.P. 06100; registered in the Federal Taxpayers Register with registration number PME150601FT6; with a website www.ana.care and an email address info@ana.care.

For the installation and use of this application, You must accept these Terms and Conditions, which establish the conditions of access and use of the application.

By accepting these Terms and Conditions, registering and/or using the services, enabling notifications, accessing, browsing and/or using the application, the User agrees to have read and agree to these Terms and Conditions.
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You agree to assume all risks and liabilities arising from the use of this application. Anyone who does not accept these Terms and Conditions should refrain from using the application and remove it from their mobile device.

1. Definitions. They must be understood with the meaning assigned to them below, and these terms will be used regardless of the gender or grammatical number with which they are expressed, without this affecting their meaning; they will be described with the first letter in capital letters and when used with this format they must be interpreted as such.

1. ANA Family Member. — Application developed and published by Paz Mental, through which information and reports are provided to the Client about the home care a patient receives.

1. Agency. — Legal person whose corporate purpose is to provide the care service for patients at home, which is carried out through a natural person called “Caregiver”, on the occasion of a service provision contract concluded between the Agency and a Client who requests that service.

1. Anonymization — Process applied to personal data to generate information that cannot be attributed to a particular User or Consumer.

1. Agency Privacy Notice. — Privacy Notice regarding the Processing of Patients' Personal Data, which are collected for the provision of their services.

1. Electronic blog. — Module within the Application that allows the entry of patient information, its control and monitoring.

1. Caregiver. — A natural person hired by the Agency, who will carry out activities associated with the care of a Patient, such as taking and recording the patient's vital signs; symptoms; taking medications; urination and evacuation frequency and other specific care activities (including, but not limited to, nebulization; wound healing; physical stimulation; cognitive stimulation, etc.) and who will be responsible for uploading this information to the Application.

1. Personal data. — Any information concerning the Patient or the Client.

1. Family member of the patient. — Natural person who contracts the Agency's services and who receives, as part of the services, access to patient information through the ANA Family Application

1. License. — It refers to the onerous License Agreement (SAAS), which celebrates Mental Peace and the Agency, in its capacity as a Licensee, can make use of the ANA-Familiar Application, as a tool for collecting information and reporting on home patient care services, provided through the Caregiver.

1. Patient. — Person who will receive care, for whom the Caregiver must include in the Application the activities carried out during the day.

1. User profile. — It is the mechanism for identifying the User of the Application, after identifying their role, through a username and password.

1. Responsible for the Processing of Personal Data. — The Agency that contracts the use of the platform, to report to the patient's Family Member or the Client, the provision of their services.

1. Pseudonymization.— Processing of Personal Data, in such a way that they cannot be attributed to a particular user, without using additional information for that purpose, provided that it appears separately and is subject to measures aimed at ensuring that the Personal Data is not attributed to an identified or identifiable natural person.

1. User.— The Client, Family Member of the patient or Caregiver, who makes direct use of the Application, according to their User Profile.

1. Use of the Application.— ANA Familiar is an application that can be downloaded free of charge by Users. To access, you must have a User Profile and Password, which will be provided to the Client, the patient's Family Member or the Caregiver by the Agency. ANA Familiar is not a health service or a substitute for it; it does not provide diagnoses for any medical condition or make prescriptions to treat any medical problem.

1. ANA Familiar features. ANA Familiar is an application designed to collect and transmit information associated with a Patient. To this end, the Agency will collect the Patient's identification data and create a User Profile, through which the Client will have access to the information entered by the Caregiver, related to the care and treatment that will be provided to the Patient, allowing us to know the patient's family member, their care, monitoring and evolution.

1. The ANA Familiar application does not and will not offer medical or clinical advice, nor does it make any medical diagnosis. Always consult your doctor or other healthcare professional if you need medical attention.

1. Each Patient will have an Electronic Log, in which the various interventions of the Caregiver will be recorded, which must be carried out in accordance with the instructions of the treating doctor.

1. The ANA Familiar application allows the User, according to their role:

1. View the data reported in the Application by Caregivers such as: patient vital signs, patient symptoms, medication intake, urination and evacuation frequency, and other care activities).

1. Receive alarms and notifications of vital signs that are outside the patient's normal range.

1. Link via a plug in, to online pharmacies. These are independent of Mental Peace and are considered to be Third-Party Services.

1. Sending, via e-mail, the reports prepared by the Caregiver, to the patient's family member or to other family members authorized by the Client and his treating doctor.

1. Submission of complaints to the Agency.

1. Link to an online school for training patient care techniques. The content provided by the online school is solely for informational purposes and has not been designed for use in crisis situations.

1. Through the ANA Familiar application, only Patient information is collected and transmitted, so, at any warning sign, consult a medical professional and/or contact emergency services immediately.

1. You understand and acknowledge that the ANA Familiar application (1) is not made available as a medical device, and (2) it is not a substitute for any professional medical advice, diagnosis, treatment or judgment, nor should it be used as a replacement or substitute for any professional medical advice, diagnosis, treatment or judgment.

1. For the use of this application, the Patient must grant the Agency their express authorization for the use of those data that refer to their personal identity (such as name, gender, age, date of birth) and those related to their condition; all of these data are considered to be Confidential.

1. For its part, the Agency will be solely responsible for the processing of the Personal Data of the Client, Family Member of the Patient or Patient, that it collects in connection with the provision of its services. Paz Mental will not have access to Personal Data, will not process data, nor will it act as Data Processor.

1. Paz Mental will only have access to statistical data derived from the provision of services carried out by the Agency, due to the Anonymization of Personal Data to be carried out by the Agency.

1. Paz Mental is the owner of all the copyright and intellectual property rights of ANA Familiar, as well as the contents that are currently found or are being incorporated later, such as videos and audios; likewise, it is the owner of the rights with respect to the source code, the brand and the slogan. These rights relate to trademarks registered in Mexico or abroad.

1. By accepting these Terms and Conditions, you are only granted the right to use the materials and content available in the ANA Familiar application. If you use the application for another person, you must obtain that person's consent and inform them of our Terms and Conditions and the Privacy Policy available at www.ana.care.

1. In accordance with the foregoing, it is expressly prohibited to carry out any activity aimed at deciphering the source code of the application, using reverse engineering or interfering with the Platform in any way. You also understand that accessing the Platform for the purpose of copying the processes or working methods contained in the ANA Family Application is prohibited.

1. All data, including Personal Data, is protected by Amazon Web Service standards, and can be viewed at https://aws.amazon.com/es/service-terms/.

1. Paz Mental does not provide guarantees regarding the accuracy or precision of the data included in the Electronic Patient Log, included in the application and that will be uploaded by the Caregiver.

1. Third-party services. ANA Familiar contains links to other websites or resources operated by third parties, these links are provided for your information and prompt reference only. Because they are third parties outside of us, we cannot influence the content of such websites; we cannot be responsible for the content of the information; we cannot hold you responsible for financial or physical damage you may suffer as a result of your relationship with or use of such websites or links or resources.

1. Some of the third-party services may contain particular terms and conditions, which are specific to those services and, therefore, will be additional to those present.

1. Scheduled interruption of service. Because the ANA Familiar Application is hosted on Amazon Web Services (AWS), Paz Mental does not control the programming for maintenance, updating or backup, however, as soon as it receives any notice from AWS regarding this or other activities that involve temporarily suspending the application, it will inform the Agency, so that it, in turn, can inform the Users and take the appropriate forecasts in each case.

1. We may change these Terms at any time and we will let you know when we do so. Using the Services after the changes take effect means that you accept the new terms. If you do not accept the new terms, you must stop using this Application and remove it from your mobile device.

1. In the event of non-compliance with any of the Terms and Conditions described here, we may suspend access to the application or delete your User Profile, regardless of the legal actions available to Paz Mental, in the event that any conduct of the User causes any harm or damages.

1. We will receive your comments and suggestions in the email info@ana.care.

1. These Terms and Conditions will be in effect as soon as they are accepted by the User and until the User decides to stop using the application or in case of cancellation for any reason.

1. The User accepts that these Terms and Conditions are regulated in accordance with the laws of the Mexican Republic, therefore, regardless of the nationality of the User, any dispute may be resolved in the ordinary courts of Mexico City and waives, from the moment they accept these Terms and Conditions, any other jurisdiction derived from their address, nationality or any other reason.

1. The acceptance of these Terms and Conditions will be made electronically, in accordance with the provisions of the Commercial Code, in its title relating to Electronic Commerce, with the understanding that they are binding on the parties involved in it.