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Terms and Conditions

Introduction

This document establishes the general terms and conditions (hereinafter the "Terms and Conditions") that govern the relationship between Telepatía S.A.S., a Colombian company, duly incorporated and identified with N.I.T. 901863452 - 7 (hereinafter "Telepatía" or the "Platform"), with all Users (hereinafter the "Users") of the Services provided by Telepatía.

Therefore, Users who wish to access the Services offered on the Telepatía Website may do so by adhering to these Terms and Conditions, which shall be understood as accepted upon access to the services provided by Telepatía through any of the available channels, including, but not limited to, the Website and its applications.

In any case, those who do not accept these Terms and Conditions must refrain from using them.

Telepatía may unilaterally update, modify, or replace part or all of the Terms and Conditions, which shall be binding for all Users from their publication, so they have the responsibility to review them periodically to be aware of changes and updates.

Contact Information

  • Email: nicolas@telepatia.ai
  • Phone: +57 314 656 6962‍
  • Address: Calle 7 #18-85, Medellín, Colombia

SECTION I - DEFINITIONS

1.1. User or Doctor

Any Doctor in the health area who uses the services offered by Telepatía. The services will be available for those Users who declare having full legal capacity to enter into contracts, be subjects of rights and obligations, possess a valid medical license to practice, and whose registration in the National Unified Registry of Human Talent in Health (ReTHUS) is current for the year in which they will use the platform.

1.2. Patient

Any natural person, of legal age, who uses the services offered by Telepatía. The services will be available for those users who declare having full legal capacity to enter into contracts and be subjects of rights and obligations.

In the event that the patient is a minor, only their parents or representatives who exercise parental authority, or persons of legal age duly authorized by them, may use Telepatía's services.

1.3. Telepatía

A technology company that offers Doctors services to manage their relationships with Patients more efficiently.

Telepatía Services include:

  • Access to Patients' Medical History
  • Automated and personalized response from the Doctor to the Patient
  • Virtual assistant that allows drafting personalized responses for Patients
  • Virtual assistance to formulate diagnostic questions for Patients
  • Recording, transcription, and summary of Patients' consultations
  • Other services that may be incorporated by Telepatía

1.4. Virtual Assistant

A tool integrated into the Telepatía platform, developed and operated through artificial intelligence, with the purpose of assisting Users in using the Platform.

SECTION II – ABOUT TELEPATÍA

Telepatía is a platform designed to facilitate direct and effective contact between Doctors and Patients through a WhatsApp chat system.

To ensure the best results, Doctors make available to Telepatía all necessary information to guarantee that the advice and responses provided to Patients are as accurate and personalized as possible.

Telepatía does not perform or provide any type of medical activity, advice, or consultation.

The Doctor is solely responsible for providing their advice, knowledge, and diagnosis based on their experience.

Telepatía acts only as a web platform to facilitate contact between Doctor and Patient and will not be responsible for any conversations, consultations, diagnoses, or treatments performed by the Doctor on the Platform, nor for any other acts deriving from them.

SECTION III – DESCRIPTION OF SERVICES

3.1. Access to Patients' Medical History

Telepatía integrates into its platform the Medical History of each Patient, provided by each Doctor through the HiGHmed cloud system.

Telepatía must obtain prior, express, and informed authorization from the Doctor and Patient, in compliance with Law 1581 of 2012 and Decree 1074 of 2015, acting as Data Processor.

The system will be continuously updated with information registered by Doctors to ensure accuracy and reliability.

3.2. Access to Personal Notes of Doctors

Telepatía integrates Doctors’ personal notes, which consist of academic and professional information that helps feed the AI assistant.

Doctors are responsible for keeping this information updated.

3.3. Virtual Assistant for Personalized Responses

The AI-powered assistant suggests automated and personalized responses from Doctors to Patients.

The process includes:

  • Accessing patient data and doctor notes.
  • Generating suggested responses.
  • Displaying them for the Doctor to review, edit, or reject before sending.

3.4. Virtual Assistance for Diagnostic Questions

When necessary, the Virtual Assistant may formulate additional questions to Patients to better understand their consultation and improve the diagnostic response.

3.5. Recording, Transcription, and Summary of Consultations

Telepatía allows recording of consultations, generating automatic transcriptions and summaries for easier reference and integration into the patient’s record.

3.6. Other Services

Telepatía reserves the right to incorporate new services and functionalities, notifying Users accordingly.

SECTION IV – USER REGISTRATION

4.1. Registration

To use the WhatsApp chat service, Users must:

  • Enter and confirm their phone number via OTP.
  • Provide truthful personal data: name, surname, email, ID, and medical registration.
  • Keep their data accurate and updated.
  • Link the WhatsApp account(s) they will use.

4.2. Compensation

Telepatía provides its services to Doctors for a monthly fee of USD 50, charged automatically via credit card.

SECTION V – OBLIGATIONS

5.1. User Obligations

Users agree to:

  • Provide truthful information.
  • Keep their data updated.
  • Refrain from using the Platform for unlawful or unethical purposes.
  • Avoid impersonating others or registering without meeting Doctor requirements.

5.2. Telepatía Obligations

Telepatía commits to:

  • Provide reliable and clear information on its services.
  • Maintain updated Terms and Conditions.
  • Use Users’ data only for authorized purposes.
  • Avoid offering prohibited products or services.
  • Comply with all relevant legal and regulatory obligations.

SECTION VI - MEDICAL INFORMATION AS SENSITIVE DATA

6.1. Processing of medical information as sensitive data

Medical information includes, but is not limited to, data about clinical history, diagnoses, treatments, and any other information related to the Patient's health.

This information is considered sensitive data and will be handled in compliance with all applicable legal standards and regulations for confidentiality and personal data protection.

Telepatía commits to implementing all necessary technical measures to guarantee the confidentiality and security of medical information.

Access to this data will be limited to authorized personnel and responsible Doctors who have contact with Patients.

Medical information will not be transferred to third parties, except in cases that are necessary for health service provision or when required by law.

Any transfer or transmission will be carried out in compliance with current personal data protection regulations.

Users may consult the applicable Personal Data Treatment Policy at the following link.

SECTION VII - FINAL CONSIDERATIONS

7.1. Disclaimer of responsibility

Telepatía does not guarantee in any way the continuity and availability of contents or services offered through the Website, APIs or via WhatsApp. However, Telepatía will carry out actions that according to its possibilities allow it to maintain the proper functioning of the Website and Services provided outside of it, without this implying any responsibility on its part

 Likewise, Telepatía will not be responsible nor guarantee that the content of software that may be accessed through the Website or through WhatsApp is free of errors, malicious software, that may cause damage at software or hardware level in the equipment through which the User accesses the Website and other Services, is subject to fraud, data loss or other damages caused, so Users accept that they access these at their own risk and responsibility.

Telepatía is also not responsible for damages that could be caused by inappropriate use of the Website or Services and in no case will Telepatía be responsible for losses, damages or harm of any kind arising from access or improper use of the Website or Services.

Telepatía does not guarantee the timeliness or veracity of information contained in websites, files, applications, and other content published on the website. Telepatía also does not guarantee that the content of third-party websites, files or applications that may be accessed through the service comply with Colombian legislation regarding data protection or that the content presented there is legal under Colombian regulations.

Telepatía will not be responsible for the availability of Doctors or possible errors that may occur in service provision, such as misdiagnosis or negligence, since Doctors are solely responsible for providing medical services to Patients.

Telepatía is not responsible for any loss or damage that may occur as a result of the User not following the following security recommendations:

  1. Medical information is personal and should not be shared with any third party. It is essential to avoid giving personal information to strangers who communicate via emails, phone calls, text messages or social networks;
  2. It is recommended to change passwords periodically and avoid creating passwords with combinations that are easy to deduce, such as birthdays, identification numbers or phone numbers;
  3.  Connecting to public and unprotected WIFI networks, or spaces that offer free internet connection should be avoided.

7.2. Clarifications about the Platform's scope

The Doctor has no employment or professional relationship with Telepatía. Telepatía only offers a Platform to facilitate a communication channel between Doctor and Patient. This Platform is assisted by artificial intelligence.

Since Telepatía is a communication channel, it is not a health service provider nor does it require registration as such, nor does it require health service enablement.

The Doctor is exclusively responsible for complying with legal and regulatory norms specific to their activity, which includes requesting informed consent, maintaining clinical history and having the registrations and enablements required by law and regulatory norms, including those specific to telemedicine (if applicable), and must refrain from using the Platform if they do not have them.

Telepatía is in no way responsible for any act, contract or interaction between the Doctor and User that has been enabled or facilitated through the Platform. The User and Doctor are exclusively responsible for the use they give to the Platform, and assume the risks that derive from it. Telepatía is not responsible for the suitability or accuracy of the service provided by the Doctor through the Platform.

The artificial intelligence integrated into the Platform does not replace the Doctor's judgment. The purpose of said artificial intelligence is to suggest possible responses that the Doctor could give to the User, but in no way relieves the Doctor from studying and confirming whether a particular response fully complies with lex artis, nor from complementing it if necessary.

The Doctor appropriates, and therefore becomes the exclusive author, of the response sent to the User through the Platform. Telepatía is not responsible for any damage or affectation to the User or Doctor derived from following the text proposals made by the Platform using artificial intelligence.

The only requirement that Telepatía demands from the Doctor who wishes to use the Platform is active registration in RETHUS. Telepatía does not require or review aptitudes, specialty, personal qualities, enablements, certifications, telemedicine authorizations (or any other) for the Doctor to use the communication channel provided by the Platform, all of which is the exclusive responsibility of the Doctor (to have them) and the User (to verify them).

The Platform should not be used to treat medical emergencies.

7.3. Technical support

Telepatía will provide technical support to Users through email info@telepatia.ai with a maximum response time of 24 hours, 7 days a week.

7.4. Modification of terms

Telepatía reserves the right to modify these Terms and Conditions at any time. Modifications will be effective from their publication on the website. Users will have the obligation to constantly review the Terms and Conditions on the website. Continued use of services by the User after publication of modifications will constitute acceptance of the new Terms and Conditions.

7.5. Applicable legislation

These Terms and Conditions will be governed in all their effects by their content and by applicable Colombian law.

7.6. Total acceptance of terms

The User and Commerce expressly manifests that they have read, understand and accept all of the Terms and Conditions, therefore committing to full compliance with the duties, obligations and burdens stipulated herein.

7.7. Validity

First Version: These Terms and Conditions are valid from January 1, 2025 and until they are modified and the new version published on the Website and App.