Markus Santé

    General Terms of Use (GTU) - Markus Santé

    Translation for information only. The legally binding version of this document is the original French version available at markus-sante.com/cgu.

    Preamble

    These General Terms of Use (GTU) set out the rules for accessing and using the Markus Santé platform, published by BraimIA. Use of the service implies express and unreserved acceptance of these GTU as well as the Data Processing Agreement (DPA).

    1. Purpose and Nature of the Service

    Markus Santé is a SaaS software solution for administrative and documentary assistance, exclusively intended for healthcare professionals. The tool uses artificial intelligence to facilitate the administrative management of the practice:

    • Audio transcription of session notes.
    • Formatting and structuring of administrative documents (summaries, reports, consultation notes, letters).
    • Assistance in searching for documentary information.

    Markus Santé is not a Medical Device (MD). The software does not provide any diagnosis, does not prescribe any treatment, and does not offer any therapeutic recommendation. It is a productivity tool that processes the information dictated or entered by the healthcare professional under their sole responsibility.

    2. Access to the Service and Eligibility

    Access to Markus Santé is strictly reserved for healthcare professionals. When creating an account, the user certifies on their honor that they hold the status of self-employed healthcare professional and that they use the software strictly within the scope of their professional activity. The user undertakes to provide accurate information. In the event of a false declaration, BraimIA reserves the right to close the account. Login credentials are strictly personal and confidential.

    3. Use of Artificial Intelligence and Practitioner's Responsibility

    Markus Santé's artificial intelligence generates text suggestions and transcriptions based on the user's input. The healthcare professional expressly undertakes to:

    • Systematically review and validate all generated content (transcriptions, reports, letters) before any use, recording in the patient file, or transmission to a third party.
    • Retain full medical and clinical responsibility, as Markus Santé acts solely as a digital secretary.

    4. Terms of Use and Fair Use

    The subscription allows unlimited use of AI features as part of normal and reasonable use related to the daily activity of a single practitioner. The user agrees not to:

    • Share their account with other practitioners or practices.
    • Misuse the AI or attempt to access the software's source code.
    • Use the tool for purposes contrary to the law or to the ethics of their profession.

    5. Suspension and Termination

    In the event of a breach of these GTU (in particular account sharing or manifestly abusive use), BraimIA will send the user a warning by email. Without remediation within 7 days, BraimIA reserves the right to suspend or terminate access to the service, with no right to a refund.

    6. Data Protection and Hosting (HDS)

    BraimIA places paramount importance on security. Data is hosted in France on servers certified as Health Data Hosts (HDS — French certification for health data hosting) via Google Cloud's infrastructure. The detailed terms for processing personal and health data are defined in the Data Processing Agreement (DPA), available at: www.markus-sante.com/dpa. The DPA forms an integral part of the contract binding the user to BraimIA.

    7. Support and Assistance

    For any technical question or to report a malfunction, the user can contact support:

    • Directly via the Help Center ("question mark" button in the application).
    • By email at the contact address provided on the platform.

    8. Governing Law and Jurisdiction

    These GTU are governed by French law. Any dispute relating to their interpretation or performance shall fall under the exclusive jurisdiction of the courts of Aix-en-Provence, notwithstanding multiple defendants or third-party claims.