General Terms of Sale (GTS) - Markus Santé

1. Purpose of the service

Markus Santé is a software solution accessible in SaaS (Software as a Service) mode, intended exclusively for self-employed healthcare professionals. The platform provides AI-based assistance features aimed at facilitating daily administrative management:

• Transcription and structuring of clinical information.
• Assistance in drafting professional documents (reports, letters).
• Organization of data related to patient follow-up.

Important notice: Markus Santé is a tool to support professional practice. It in no way replaces the clinical judgment, expertise, or responsibility of the healthcare professional, who remains the sole decision-maker regarding acts, diagnoses, and therapeutic decisions.

2. Access to the service and License

Access to the service is provided via the markus-sante.com website after creating a user account.

• Eligibility: The service is reserved for healthcare professionals.
• License: BraimIA grants the Client a non-exclusive, non-assignable, and non-transferable license to use the Software within the scope of their professional activity.
• Restrictions: The Client agrees not to modify, copy, or distribute the Software, nor to allow access to unauthorized third parties.

3. Subscription

The service is offered as a monthly or annual subscription, payable in advance. Prices are stated excluding tax and subject to VAT at the applicable rate.

Price changes: BraimIA reserves the right to modify its prices. The Client will be informed of any change at least 30 days before the end of their current subscription period. In case of refusal, the Client may terminate their subscription free of charge before the new prices take effect.

4. Billing and Payment

Billing is automatically carried out at each subscription period, at the beginning of the billing cycle.

• Payment methods: Payments are made online via the secure Stripe platform.
• Payment default: Any payment default may result in immediate suspension of the service after an unsuccessful formal notice.

5. Data protection and Hosting (HDS)

BraimIA undertakes to process data in accordance with applicable regulations (GDPR).

• Hosting: Health data is hosted in France on servers certified as Health Data Hosts (HDS) via Google Cloud's infrastructure.
• Data Processing Agreement (DPA): The terms for processing health data on behalf of the Client are governed by the DPA, accessible and available at: www.markus-sante.com/dpa. This document forms an integral part of the commercial contract.

6. Duration and Termination

The contract is concluded for the duration of the chosen subscription.

• By the Client: Termination is possible at any time from the personal account area. The subscription remains active until the end of the period already paid for.
• By BraimIA: In the event of a serious breach of the GTS/GTU or non-payment, BraimIA may terminate access after a warning by email.

7. Liability and Limitation

• Medical responsibility: The Practitioner retains full responsibility for their actions and for the documents they validate through the interface. BraimIA is only bound by an obligation of technical means.
• Limitation: BraimIA cannot be held liable for the consequences of misuse of the Software, for misinterpretation of the AI by the Client, or for temporary unavailability of the service for maintenance or force majeure.

8. Intellectual Property

The Software, algorithms, interfaces, and the trademarks "Markus Santé" and "BraimIA" remain the exclusive property of BraimIA. No transfer of intellectual property rights is made under this contract.

9. Governing Law and Jurisdiction

This contract is governed by French law. Any dispute relating to its interpretation or performance that BraimIA and the Client cannot resolve amicably shall fall under the exclusive jurisdiction of the courts of Aix-en-Provence.