Terms and Conditions of Use

EMSy S.r.l. - Version of September 15, 2025

Version: 15/09/2025
Via degli Anziani 14, 11013 Courmayeur (AO)
Contact: info@emsy.io
Owner: EMSy S.r.l.

⚠️ Important Notice for Healthcare Professionals

The Services are designed exclusively for informational and educational purposes directed at healthcare professionals.

They do not constitute a medical device and do not replace clinical judgment. It is prohibited to use the Services to formulate diagnoses or clinical decisions on individual cases.

1. Object and Scope of Application

1.1. These Terms govern the use of the EMSy platform and related digital services (hereinafter, the "Services").

1.2. The Services are designed exclusively for informative and educational purposes aimed at healthcare professionals (doctors, nurses, paramedics) and other healthcare operators.

1.3. The Services do not constitute a medical device and do not replace clinical judgment. It is prohibited to use the Services to formulate diagnoses or clinical decisions on individual cases.

2. Essential Definitions

  • User: the subject who accesses or uses the Services.
  • Professional: User who acts in the exercise of their professional activity.
  • Consumer: a natural person acting for purposes unrelated to professional activity.
  • Contents: any text, data or information entered by the User in the Services.

3. Age Requirements and Intended Use

3.1. The use of the Services is prohibited for individuals under 18 years of age.

3.2. The Services are primarily intended for Professionals. EMSy may implement reasonable controls to verify the declared professional status and age.

4. Registration and Account

4.1. The User guarantees the truthfulness of the data provided and the confidentiality of their credentials.

4.2. The User is responsible for any activity carried out through their account.

5. Permitted Use and Prohibitions

⚠️ ABSOLUTE PROHIBITION

It is PROHIBITED to insert into the Services data that directly or indirectly identifies patients (e.g. name/surname, tax identification number, medical record number, images/radiographs traceable to an identifiable person).

5.2. Any unlawful, fraudulent, or infringing use of third-party rights is prohibited.

5.3. EMSy reserves the right to suspend or terminate the account in case of violations.

6. Fees, Invoicing and Payments

6.1. Some features may be subject to payment (subscriptions or one-time purchases). Prices are indicated at the time of order and may be updated.

6.2. Payments are processed through Stripe or other payment service providers as indicated. Processing takes place on the secure infrastructure of the payment service provider; EMSy does not retain complete card data.

6.3. For Italian customers, electronic invoicing is applied in accordance with current regulations.

7. Right of Withdrawal (Consumer Only)

7.1. If the User is a Consumer, they may withdraw within 14 days from the conclusion of the contract, except as provided by law.

7.2. For digital content (e.g. immediate access to content or services available online), the Consumer loses the right of withdrawal when they have requested immediate performance, with express consent and acceptance of the loss of the right.

7.3. Withdrawal does not apply to Professionals (B2B).

8. Intellectual Property

8.1. All rights to the Services and proprietary content are and remain the property of EMSy or their respective licensors.

8.2. Any unauthorized reproduction, modification, or distribution is prohibited.

9. Limitation of Liability

9.1. To the maximum extent permitted by law, EMSy shall not be liable for: (a) use of the Services in violation of the Terms; (b) clinical decisions made by the User; (c) interruptions or malfunctions not attributable to EMSy's fault.

9.2. All liability for willful misconduct or gross negligence and for cases that cannot be excluded under applicable law remains unaffected.

Indemnity

The User shall indemnify EMSy from any third-party claims arising from unlawful use of the Services or violation of these Terms.

11. "Beta" Services

EMSy may offer experimental features ("Beta"), provided "as is", with possible presence of bugs. Access may be limited or revoked.

12. Suspension and Termination

EMSy may suspend or cease the provision of Services in case of serious violations, security reasons, or for technical/legal adjustments. Reasonable notice will be provided, where possible.

13. Applicable Law, Jurisdiction and Dispute Resolution

13.1. The Terms are governed by Italian law.

13.2. If the User is a Consumer, the competent court is that of the place of residence or domicile of the Consumer (art. 66-bis Consumer Code).

13.3. If the User is a Professional, the exclusive forum is Aosta.

13.4. EU ODR Platform: https://ec.europa.eu/consumers/odr/ (for Consumers).

13.5. Waiver of collective actions/class actions: applies only in B2B relationships between Professionals and does not apply to Consumers.

14. Modifications to the Terms

EMSy may modify the Terms for technical, legal, or service reasons. Modifications will be communicated with reasonable notice. Continued use of the Services after the modifications take effect implies acceptance.

Current version: September 15, 2025

Last substantial modification: First official version (replaces the Provisional Beta Terms)

15. Personal Data Protection

15.1. The processing of personal data is governed by EMSy's Privacy Policy, available on the Website.

15.2. In summary: (i) no insertion of patient data; (ii) distinct legal bases for delivery, security, analytics/marketing; (iii) retention periods proportionate to purpose.

16. Contact

EMSy S.r.l.

Via degli Anziani 14, 11013 Courmayeur (AO), Italy

Email: info@emsy.io

17. Specific Approval pursuant to Article 1341 of the Italian Civil Code

The User (Professional) hereby declares to specifically approve the following clauses:

  • § 5 (prohibitions and suspension/termination in case of violations)
  • § 7 (Limitations on the Right of Withdrawal for Digital Content – Consumers Only)
  • § 9 (Limitation of Liability, with exception for willful misconduct/gross negligence)
  • § 11 (provision of Beta functionality "as is")
  • § 12 (suspension/termination)
  • § 13.3 (exclusive forum Aosta for Professionals)
  • § 13.5 (waiver of collective/class actions, B2B only)
  • § 14 (Amendments to the Terms)

Questions about the Terms of Service?

EMSy S.r.l.

Via degli Anziani 14, 11013 Courmayeur (AO), Italy

Email: info@emsy.io