Terms of Service

1. Parties and Definitions

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and GEMSYA SRL, a company incorporated under Romanian law, having its registered office at Șos. Mihai Bravu, nr. 122, bl. D27, sc. 1, et. 2, ap. 6, București Sector 2, Romania, registered with the Bucharest Trade Registry under no. J40/3078/2023, VAT number RO47654397 ("Company", "we", "us", or "our").

The Company operates the Brilu platform (also branded as HAI Medical), an artificial-intelligence-assisted medical information and communication service accessible via web and embedded interfaces ("Platform" or "Service").

By accessing or using the Service you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction), that you have read and understood these Terms, and that you agree to be bound by them. If you do not agree, you must not use the Service.

2. Acceptance of Terms

Your continued use of the Service following any amendment to these Terms constitutes acceptance of the revised Terms. The Company will notify Users of material changes via email or a prominent notice on the Platform at least 30 days before the changes take effect, unless earlier implementation is required by law.

These Terms are governed by and interpreted in accordance with the laws of Romania and applicable European Union legislation, including but not limited to Directive 2011/83/EU on consumer rights, Directive 2000/31/EC on electronic commerce, and Regulation (EU) 2016/679 (GDPR).

3. Description of the Service

Brilu provides an AI-powered conversational interface that assists healthcare professionals and patients in accessing medical information, scheduling consultations, and summarising clinical interactions. The Service is offered on a subscription or usage basis as agreed at the time of registration.

Important medical disclaimer: The Service provides informational content only and does not constitute, replace, or supplement professional medical advice, diagnosis, or treatment. Users should always seek the advice of a qualified physician or other licensed health provider with any questions regarding a medical condition. Reliance on any information provided by the Service is solely at the User's own risk.

The Company reserves the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable prior notice where practicable.

4. User Accounts and Registration

Access to certain features of the Service requires you to create an account. You agree to:

• provide accurate, current, and complete information during registration;
• maintain and promptly update that information;
• keep your credentials confidential and not share them with third parties;
• notify us immediately at [email protected] of any unauthorised use of your account.

You are solely responsible for all activity that occurs under your account. The Company is not liable for any loss arising from your failure to keep your credentials secure.

5. User Obligations and Prohibited Conduct

You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable regulation;
• input, upload, or transmit content that is defamatory, obscene, fraudulent, or infringes any third-party intellectual property rights;
• attempt to probe, scan, or test the vulnerability of the Platform or circumvent any security or authentication measures;
• use automated tools (bots, scrapers, crawlers) to access the Service without our prior written consent;
• impersonate any person or entity or misrepresent your affiliation with any person or entity;
• interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure;
• resell, sublicense, or otherwise commercialise access to the Service without our express written permission;
• use the Service to process or transmit personal data of third parties without a valid legal basis under the GDPR.

6. Intellectual Property

All content, software, trademarks, service marks, trade names, logos, and other intellectual property made available through the Service are owned by or licensed to the Company. Nothing in these Terms grants you any right, title, or interest in any such intellectual property.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for its intended purpose and in compliance with these Terms.

Any feedback, suggestions, or ideas you submit regarding the Service may be used by the Company freely and without restriction or compensation to you.

7. Fees and Payment

Where the Service is provided on a paid basis, fees, billing cycles, and payment terms are set out in the relevant subscription or service agreement. All amounts are stated exclusive of VAT and other applicable taxes unless expressly stated otherwise. You are responsible for any taxes applicable to your use of the Service.

The Company reserves the right to modify pricing with at least 30 days' notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

8. Limitation of Liability

To the maximum extent permitted by applicable law, the Company, its directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or use, arising out of or in connection with your use of (or inability to use) the Service.

The Company's total aggregate liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amounts paid by you to the Company in the 12 months preceding the claim, or (b) EUR 50.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under mandatory Romanian or EU consumer-protection law, including liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

9. Disclaimers

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

The Company does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We make no warranty regarding the accuracy, reliability, or completeness of any information generated by the AI components of the Service.

10. Termination

You may terminate your account at any time by contacting us at [email protected].

The Company may suspend or terminate your access immediately, without notice or liability, if you breach these Terms or if we are required to do so by law. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall do so, including Sections 6, 8, 9, 11, and 12.

11. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict-of-law provisions.

Any dispute shall be subject to the exclusive jurisdiction of the competent courts of Bucharest, Romania, except that consumer Users in the European Union may also bring claims before the courts of the member state in which they are domiciled.

For online dispute resolution, EU consumers may use the European Commission's ODR platform at ec.europa.eu/consumers/odr.

12. Miscellaneous

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

These Terms, together with our Privacy Policy and any specific service agreement, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior agreements, representations, and understandings.

13. Contact