Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE

This document defines the terms and conditions for the use of the Site and the Services offered by CuraMi (hereinafter, the "Company"), specifying the rights and obligations of the Company and the User.

In this document:

  • "Healthcare Services" means any medical advice, including treatments and services provided by health professionals. It is important to note that our Services never directly include Healthcare Services;
  • "Nursing Clinics" refers to the facilities where Professionals offer healthcare services;
  • "Services" means the services provided by the Company through the Site to consumer Users (i.e., those who DO NOT use the Site as Professionals);
  • "Professional" refers to the nurses who are present on our Site (i.e., those who have a profile created by themselves). Professionals may operate independently, collaborate with a Nursing Clinic, or be part of a Social Cooperative, but in no case are they employees or collaborators of the Company;
  • "Site" means our platform accessible at http://www.CuraMi.app, including all subdomains, and any other platform, website, or mobile application managed and made available to Users by the Company;
  • "User" means any person who accesses our Site and/or uses our Services. This term includes those who search for Professionals or Healthcare Services, book appointments, and read or write sincere and authentic reviews. Depending on the context, the term may also refer to the Professionals themselves. The use of the Site, even for Browse purposes only, is subject to these terms of service. By accessing and using the Site, the User confirms that they have read, understood, and accepted these conditions. If the User does not intend to accept these conditions, they are invited not to access or use the Site.

PART 1 – CONDITIONS APPLICABLE TO ALL USERS

  1. Who we are
  2. Requirements for using the Site
  3. Other conditions applicable to the User
  4. Access to the Site and Services
  5. What you cannot do with our Site
  6. Content rules and illegal content
  7. How to contact us
  8. Reviews
  9. Our intellectual property rights
  10. Advertising
  11. Confidentiality
  12. Security of our Users
  13. Violation of these terms and anti-abuse measures
  14. Your right to file a complaint - our internal complaint procedure
  15. Uploading content
  16. Exclusions and limitations of liability
  17. Changes to the terms of service
  18. Right to suspend or shut down the Site
  19. Applicable law, jurisdiction, and dispute resolution
  20. Events beyond our control

PART 2 – SPECIFIC CONDITIONS APPLICABLE BASED ON HOW YOU USE OUR SITE

  1. Specific conditions applicable to consumers (i.e., Users not using the Site as Professionals)
  2. Specific conditions applicable to Professionals
    1. Conditions applicable to all Professionals with a profile on our Site
    2. Conditions applicable to registered Professionals who are not subscribed to CuraMi

PART 1 – CONDITIONS APPLICABLE TO ALL USERS

1. Who we are

This Site is managed by CuraMi, tax code STRPTR89R04M052X and VAT number 04204710133, with registered office in Calolziocorte (LC) via Don Minzoni 6H, 23801.

2. Requirements for using the Site

To access and use our Services, the User must be at least 16 years old and have the legal capacity to enter into a contract. If you are under 16, we ask you not to use our Services. In the event a minor under 16 requires assistance from a Professional, an adult with parental authority or legal guardianship is required to request the Services on their behalf. If you are a Professional, you are required to maintain your registration with the professional register and we recommend subscribing to a valid professional insurance policy.

3. Other conditions applicable to the User

In addition to these terms of service, other conditions apply when using our Site:

3.1 Personal data processing notice

Our notice describes in detail how we process your personal data, with whom we share it, and your rights. Professionals process your personal data separately and independently, following their own code of ethics.

3.2 Ranking criteria

The display of Professionals and Nursing Clinics in search results is determined by an algorithm that considers several factors, including: availability, reviews, subscription type with CuraMi, type of service requested, distance, and specific characteristics such as the Professional's gender and language.

3.3 Review guidelines

Authentic reviews are essential for patients, while fake ones can cause harm. We have a zero-tolerance policy towards fake reviews. Reviews must reflect real experiences and follow our rules. The guidelines specify how we handle reviews that violate these rules.

4. Access to the Site and Services

4.1 Information and account creation

When you use our Services, you must provide correct and complete information, and in some circumstances, you will be required to create an account.

It is forbidden to create false profiles or to provide, when creating an account or using our Services, information that is untrue or that you are not entitled to use. The User is obliged to provide complete data and to refrain from providing any information that is false, misleading, or that they do not have the right to use.

4.2 Identity verification

We reserve the right to verify your identity and the information you provide, and to temporarily or permanently suspend access to your account and/or the ability to use our Services if we detect the entry of information that is false, misleading, or that you do not have the right to use.

4.3 Acceptance of conditions

By creating an account or using our Services, the User expresses acceptance of these terms of service. If the User does not intend to accept the terms of service, they must not use our Services.

4.4 Account security

To ensure the security of your account, you must set a strong password when creating your account. This password must be different from all other passwords the User uses on other sites. The User agrees to keep their account details and password (and any other login credentials) strictly confidential and will be solely responsible for their security and confidentiality. If at any time you suspect that the secrecy of your password has been compromised, we urge you to change your password and/or contact us immediately.

5. What you cannot do with our Site

The User agrees not to:

  • 5.1 violate these terms of service, our policies applicable to the User, or any applicable law or regulation;
  • 5.2 use our Site fraudulently or for fraudulent or misleading purposes or effects (including, but not limited to, making or encouraging others to make, directly or indirectly, fake reviews or book fake appointments);
  • 5.3 post content that violates our content rules (including illegal content), as indicated below in section 6;
  • 5.4 engage in misconduct likely to damage the reputation of CuraMi or third parties (for example, through any defamatory, inappropriate, threatening, hateful, abusive, or otherwise fraudulent behavior);
  • 5.5 engage in misconduct likely to undermine the physical or moral integrity, life, safety, or reputation of another person or to damage or cause psychological distress to another person;
  • 5.6 use our Site in a way that is likely to damage, disable, or in any other way compromise the proper functioning and/or security of our Services (for example, by installing viruses, malware, or other harmful material, or by using our Services for purposes other than those intended);
  • 5.7 copy, access, adapt, modify, reproduce, disassemble, decompile, reverse engineer, or extract the source code or any software code related to any component of our Site;
  • 5.8 hinder other Users' access to the Site by using it excessively or inappropriately (for example, by participating in Denial of Service attacks or booking fake appointments with Professionals);
  • 5.9 repeatedly send manifestly unfounded complaints;
  • 5.10 attempt to gain unauthorized access to any User account, data, or computer system or network, in any way and by any method.

6. Content rules and illegal content

We have strict rules about the content allowed on our Site, especially concerning the publication of illegal content or content contrary to our terms of service. For example, the following are not allowed:

  • 6.1 criminal, violent, pornographic, threatening, defamatory, racist, xenophobic, homophobic, aggressive, harassing content, content that promotes or encourages self-harm or harm to third parties, or content that is in any other way offensive;
  • 6.2 sexual or indecent content;
  • 6.3 content supporting terrorism;
  • 6.4 content contrary to the law or public order;
  • 6.5 false, deceptive, and/or misleading content, including content that provides a false representation of your or others' identity, and/or your or others' relationships with any other person;
  • 6.6 content that violates the rights of third parties, whether natural or legal persons, including intellectual property rights and the right to privacy;
  • 6.7 content that supports or encourages illegal, dangerous, or harmful activities;
  • 6.8 any other content that, in the sole discretion of the company, is obscene, indecent, or potentially harmful to the reputation of the company or third parties.

If you believe that content on our Site is illegal, you can report it to us. Illegal content means anything that does not comply with the laws of the Italian State. Please note that the repetition of unfounded reports is prohibited, and CuraMi reserves the right to take the measures indicated in section 13 below.

7. How to contact us

7.1 Points of contact

If you have any questions or complaints, you can easily get in touch with us. We have set up a single point of contact for communications.

  • For Users: you can contact us quickly and directly via email at info@curami.app, or through the "Contact Us" section of our Site, depending on your preferred method.
  • For authorities: you can contact us quickly and directly via the certified email address.

7.2 Personal data rights

If you wish to exercise your rights regarding your personal data, we ask you to use the following email address info@curami.app (for more information, please see our personal data processing notice).

8. Reviews

8.1 Authenticity of reviews

We take various measures to verify that the reviews appearing on our Site are authentic and come from Users who have actually used the Professional's Services. To understand how we manage reviews and how we combat fake reviews, please consult our guidelines in section 3.3 above.

8.2 Unpublished reviews

If we do not publish a review you submitted because it contains illegal content or is contrary to our guidelines, we want you to understand the reason. Therefore, in such cases, we will provide you with a clear explanation for our decision and will clearly indicate how to file a complaint if you disagree with that decision.

9. Our intellectual property rights

Unless otherwise stated, the company is the owner or licensee of all intellectual property rights - including, but not limited to: copyrights and related rights, trademarks, trade names, rights to use domain names, image rights, goodwill and the right to sue for passing off and unfair competition, design rights and look and feel, software and software code rights, database rights, topography rights, rights to use and confidentiality of information (including know-how and trade secrets) - and any other intellectual property right, whether registered or unregistered, including all applications (or rights to apply for and obtain), renewals or extensions of such rights and the rights to claim priority from such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, on our Site, its content and functionality and the materials published therein (collectively, "IP Rights").

Such IP Rights are protected by applicable intellectual property laws and treaties throughout the world. All such rights are reserved. The User acknowledges that all IP Rights and all documents and materials containing, recording, and/or referring to them belong to the Company (or to the third parties who have licensed them to the Company) to the fullest extent permitted by law.

Except as expressly authorized in writing by the Company, the User shall not:

  1. reproduce, copy, modify, publish, download, extract, reorganize, readapt, upload, post, transmit, resell, assign, license or sublicense, distribute in any way or create derivative works from the IP Rights
  2. attempt to access or copy or decompile the source codes of the Site, or attempt to incorporate such source codes into a different website, platform, codebase, or software
  3. use our Site for purposes other than receiving our Services
  4. perform penetration testing, denial-of-service attacks, hacks, intrusions, or similar disruptions on our Site

The User shall be required to indemnify and hold CuraMi harmless from any loss, damage, cost, expense (including legal fees, costs, and expenses), interest, claim, and liability, of any kind, arising from or in connection with a breach of this section by the User.

CuraMi does not own the copyrights, names, trademarks, or distinctive signs of third parties that appear on the Site, which remain the property of their respective owners. Where appropriate and at our sole discretion, we may remove or disable access to content or materials that we believe may infringe the intellectual property rights of third parties and we reserve the right to limit or terminate access to the Site for those we reasonably believe are repeat infringers.

If you believe that your intellectual property rights have been violated, please contact us using the contact details provided in section 7 above.

10. Advertising

We may display advertisements on our Site. When we do, we always indicate that the content is an advertisement and identify the advertiser. In some cases, we will show you personalized ads based on the preferences you have expressed on third-party websites (for example, we might show you an ad for a book you searched for on another website). We never share your health data with third parties for advertising purposes, nor do we allow ads based on your health profiling or other special categories of data. For more information, please see our personal data processing notice. If you find information on our Site that you believe is an advertisement but is not marked as such, please inform us using the contact details in section 3.

11. Confidentiality

The User may share confidential information with us when using our Site. The User may also become aware of confidential information about us by using our Site. Both the User and the company are required to take appropriate measures to protect the other party's confidential information from unauthorized access by third parties. Information made publicly available (for example, information that the User posts or proposes to post on our Site) is not considered confidential information. The company may share confidential information with the competent authorities if required to do so.

12. Security of our Users

If, while using our Site or our Services, you believe that your life, integrity, or the safety of someone is at risk, we urge you to contact us using the contact details provided in section 3. We will analyze the matter with priority and take any necessary measures. If we suspect that an unlawful act has occurred or is occurring that may pose a threat to the life or safety of a User, we will suspend or close any suspicious account and reserve the right to inform the competent authorities.

13. Violation of these terms and anti-abuse measures

13.1 Measures that can be taken

If a User violates these terms of service or the law, or behaves in a seriously improper manner, or at the request of a competent authority, we may take certain measures such as:

  1. temporarily suspend or, in serious cases, permanently close a User's account or inhibit access to the Site. In the case of temporary suspension, the duration of the suspension will depend on the circumstances of the specific case. Closing an account is an invasive measure that we, therefore, do not take lightly
  2. reduce our Services and/or limit their use
  3. terminate any contractual relationship with the User
  4. refuse to publish, disable, remove, or demote content published or written by a User
  5. share information with authorities, if required or necessary
  6. suspend or limit a User's ability to make monetary payments to Professionals through our Site

13.2 Examples of violation

We list some examples of violation of the terms of service or misuse of our Site:

  1. using the Site for fraudulent or deceptive purposes (e.g., creating an account impersonating someone else)
  2. writing content that is contrary to our content rules (e.g., offensive content or direct or indirect involvement in fake reviews)
  3. engaging in inappropriate behavior (including of a sexual nature) with other Users, with Professionals, or with third parties
  4. providing false or misleading information when creating an account or using the Site. In the case of Professionals, for example, we will immediately close the account if we reasonably suspect that they have provided false or inaccurate information regarding their professional qualifications and/or registration with the professional board;
  5. failing to provide correct and complete information when we are required to verify your identity
    13.3. The provision of illegal content or the sending of patently unfounded notices or complaints constitutes a violation of these terms of service. If we suspect that a User is behaving in this way, we will issue a warning and suspend the account for a reasonable period (in very serious cases, we reserve the right to close the account immediately). If, after such a warning, the User continues to misuse the Site, we reserve the right to permanently close their account or block their access to the Site or to all or some of our Services.
    We will collect all relevant information and assess each situation on a case-by-case basis.
    In deciding whether to take action, we will consider the following factors:
    13.3.1 the number of illegal content items or unfounded notices or complaints submitted by the User in a given period;
    13.3.2 the percentage of illegal content or unfounded notices or complaints relative to the total content, notices, or complaints submitted by the User in the same period;
    13.3.3 the seriousness of the abuse, including the nature of the illegal content and its consequences;
    13.3.4 if we can verify it, the intention of the person involved in such abuse;
    13.3.5 the User's reaction and behavior after the initial warning.
    13.4 The User shall indemnify and hold CuraMi and its administrators, directors, officers, employees, and representatives harmless from any loss, damage, cost, expense (including legal fees, costs, and expenses), interest, claim, and liability, of any kind, arising from claims made by third parties or a public authority, relating to or connected with:
    • a violation of these terms of service by the User;
    • the illegal, unethical, fraudulent, or non-compliant use of the Site and our Services by a User;
    • the data provided by a User, where it is incorrect, misleading, false, or not up-to-date;
    • the violation of third-party intellectual property rights by a User.

14. Your right to file a complaint - our internal complaint procedure

14.1 If the User believes that any of the following actions taken by the company is unfair and:

  1. the User has submitted a notice of illegal content and does not agree with the response we provided;
  2. we have restricted, removed, disabled access to, or suspended or closed the User's Services or account on the grounds that the information provided by the User is illegal or incompatible with these terms of service, you can file a complaint against our decision. We will inform you of your right to complain at the same time we communicate our decision. In these cases, we will review your complaint, decide whether to uphold or revoke our decision, and inform you of the outcome.
    14.2 The complaint procedure is free of charge. The User must submit the complaint, under penalty of forfeiture, within 6 (six) months from the date CuraMi informed them of the decision.
    14.3 If you do not agree with the outcome of the complaint, you will always have the right to protect your rights through the mechanisms indicated in section 20.
    14.4. We remind you that we may suspend your right to send notices of illegal content or your right to file a complaint, for a reasonable period of time and after giving you notice, if you send us more than one report of illegal content or complaint (as the case may be) that are manifestly unfounded.

15. Uploading content

By posting content on our Site (for example: reviews of a Professional or a Nursing Clinic), Users agree to grant CuraMi a non-exclusive, royalty-free, worldwide, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display such content, on any type of media, in connection with the Services we provide.

16. Exclusions and limitations of liability

16.1 Interactions with Professionals and Nursing Clinics

16.1.1 You can use our Services to book an appointment with a Professional or a Nursing Clinic. However, CuraMi is not a Professional or a Nursing Clinic and does not provide any Healthcare Services: we are only an intermediary and a provider of technical services that support interactions between Users and Professionals or Nursing Clinics. This means that the User is responsible for choosing the Professional or Nursing Clinic to rely on, and that such Professional or Nursing Clinic, and not CuraMi, is responsible for providing Healthcare Services of any kind to the User.

16.1.2 Any booking for the provision of nursing healthcare, treatment, or procedure with a Professional or a Nursing Clinic listed on our Site is made directly between the User and the Professional or Nursing Clinic, and CuraMi is not a party to such agreement, conversation, booking, or contract. Given this, the User acknowledges and agrees that any claim, complaint, or demand that the User may have and that is in any way connected to a Professional or a Nursing Clinic, their nursing advice or the Healthcare Services they provide, their professional activity and/or their communications, must be addressed and/or submitted directly to that Professional or Nursing Clinic, and CuraMi will in no case be responsible for any action or omission committed by Professionals or Nursing Clinics and/or the collaborators they use.

Furthermore, it is the responsibility of the Professional or the Nursing Clinic to verify the identity of their patients; therefore, CuraMi assumes no responsibility in this regard.

16.1.3 CuraMi is a mere intermediary and provider of technical services in the context of Healthcare Services rendered by Professionals or Nursing Clinics to Users through the Site. Therefore, the exemptions and exclusions of liability established in relation to providers of intermediary services under applicable law apply. In particular, CuraMi is not responsible and will not be liable for any loss, damage, cost, expense (including legal fees, costs, and expenses), interest, claim, or liability, of any kind, arising from claims made by third parties or by a public authority or a law enforcement body, in relation to or in connection with:

  1. any recommendation, advice, diagnosis, and/or information provided by a Professional or a Nursing Clinic, whether privately or publicly (even if such information was published by the Professional or the Medical Center on our Site or provided to the User through it);
  2. the negligence, recklessness, or lack of skill of the Professional or the Nursing Clinic or any incorrect or misleading communication or information provided by them or the collaborators they use;
  3. any act or omission committed by the staff of the Professional or the Nursing Clinic;
  4. any payment made by the User to the Professional or the Nursing Clinic as compensation for their services.

**16.2 Content you access

We are not responsible for the content of websites linked to our Site and, therefore, we will not be liable for any loss or damage arising from their use by the User. The User should not interpret such links as an endorsement or approval by us of the linked websites or the information the User may obtain from them. We have no control over the content of such sites or resources. If the User uses such links, they will leave our Site and will be subject to the terms of use and privacy policies applicable to those websites.**

Similarly, CuraMi assumes no responsibility for the content or information provided by the User, Professionals, or Nursing Clinics through our Site. The content published by the User or the answers, medical opinions, or comments expressed by Professionals or Nursing Clinics are not our responsibility. The User releases us from any liability related to such content. Although we strive to update the information on our Site, we make no representations, warranties, or guarantees, express or implied, that the content of our Site is correct, complete, or up-to-date.

**16.3 No warranty

The Site and our Services are provided "as is" and "as available". Except as expressly provided in these terms of service or as required by mandatory applicable law, we provide no warranty of any kind, whether express, implied, statutory, or otherwise.**

All other conditions, warranties, or other terms that might have effect between the parties or be implied or incorporated into these terms of service or any related contract are expressly excluded, including any implied conditions, warranties, or other terms relating to quality, fitness for purpose, and the use of reasonable care and skill. We do not guarantee that our Site is secure and free of bugs or viruses. The User is responsible for the proper configuration of the information technologies they use, as well as their equipment, computer programs, and platform to access the Site. The User is advised to use updated antivirus software. CuraMi is not responsible and will not be liable for any loss or damage caused by viruses, denial-of-service attacks, or other technologically harmful material that may compromise the operation of computer equipment or programs, data, or other proprietary material of the User as a result of using our Site. We will not be liable for interruptions or suspensions, nor for any malfunction of the Site that may be due to the User's equipment, the infrastructure and Internet connectivity used by the User or by Professionals or Nursing Clinics, or otherwise attributable to third parties over which CuraMi has and cannot exercise any control.

**16.4 Disclaimer of liability

Except in cases of willful misconduct or gross negligence, CuraMi is not responsible and will not be liable for any detrimental consequences (e.g., pecuniary and/or non-pecuniary damages; loss of profits) arising from the use of the Site and/or the Services offered.**

17 Changes to the terms of service

In the event that we make significant changes to these terms of service, we will post the updated version on our Site and update the "Last Updated" date prominently. Additionally, if we are required to do so under applicable law or regulations, or if we deem it appropriate, we will send the User a notice to inform them of the changes made. Be sure to check periodically and carefully read the most recent version of the terms of service. If you do not intend to accept the terms of service, please do not use our Site. Use of the Site demonstrates the User's acceptance of the terms of service.

18. Right to suspend or shut down the Site

We do not guarantee that our Site, or any content on it, will always be available or uninterrupted.