Last updated: January 2025
This document's main purpose is to establish and regulate the terms and conditions under which users, as patients (hereinafter, the "User" or "Users"), access, use and manage personal health information through the technological platform called "VitalGo" (hereinafter, the "Platform"). This Platform is operated exclusively by NEXERA TECHNOLOGIES S.A.S. (hereinafter, "NEXERA"), a company duly incorporated under the laws of the Republic of Colombia.
NEXERA, through VitalGo, acts solely as a technology operator, providing a computer tool that facilitates the User's management, organization and storage of their own personal health information. Under no circumstances shall NEXERA or the Platform be configured or interpreted as healthcare service providers, whether medical, paramedical, diagnostic, therapeutic or any other kind related to direct healthcare.
The scope of these terms and conditions is strictly limited to the contractual and usage relationship established between the User and the VitalGo Platform, categorically excluding any legal, contractual or other relationship that the User may have with healthcare professionals, Healthcare Service Provider Institutions (IPS) or any other third party. Such relationships are governed by independent agreements outside this document.
The acceptance of these Terms and Conditions of Use by the User is perfected through electronic mechanisms, such as clicking the "Accept" button or any other unequivocal expression of will made through the Platform. Such acceptance constitutes a valid and binding adhesion contract, in accordance with Law 527 of 1999, which defines and regulates access to and use of data messages, electronic commerce and digital signatures in Colombia. By accepting, the User declares to have read, understood and fully accepted the provisions contained herein.
The VitalGo Platform is a technological tool owned and operated by NEXERA TECHNOLOGIES S.A.S., a commercial company legally incorporated under Colombian laws. NEXERA is responsible for the administration, maintenance and technological development of the Platform, always acting in the exclusive role of technology operator.
Detailed information of NEXERA TECHNOLOGIES S.A.S.:
The service offered by VitalGo consists of providing the User with a technological tool for recording, storing, organizing and consulting their personal health information. The Platform allows the User to have centralized control of their relevant medical data, including medical histories, test results, previous diagnoses and treatments.
The service is purely technological in nature and does not imply, in any case, the intervention or provision of medical services, diagnoses, treatments or health recommendations by NEXERA. The Platform functions as an information repository managed by the User themselves.
VitalGo IS: A technological platform that facilitates User access to and management of their personal health information in a secure and organized manner. It is a digital tool that empowers the User to maintain a record of their medical history, allowing consultation and sharing of such information under their control and express authorization.
VitalGo IS NOT:
The Platform is limited to being a channel for data administration, with the User being solely responsible for the information they register and its use.
NEXERA TECHNOLOGIES S.A.S. and its VitalGo platform DO NOT establish a doctor-patient relationship with Users.
The Platform DOES NOT provide health services, DOES NOT make diagnoses, DOES NOT prescribe treatments, DOES NOT issue medical opinions, DOES NOT offer therapeutic recommendations, nor does it substitute under any circumstance the consultation, assessment and professional care of a duly licensed physician or health specialist.
The information stored in VitalGo is provided and managed directly by the User, or by third parties authorized by them, and has a merely informative and personal record character. NEXERA does not verify the accuracy, completeness or clinical relevance of the information uploaded by the User.
Any decision related to the User's health, including seeking medical attention, interpreting clinical results or continuing treatments, must be made exclusively by the User, in consultation with a qualified healthcare professional. Responsibility for any medical act, diagnosis, treatment or health recommendation lies exclusively with the treating healthcare professional who performs it.
NEXERA TECHNOLOGIES S.A.S. assumes no responsibility for clinical consequences derived from the use or misuse of the information contained in the Platform, nor for health decisions made by the User or third parties based on such information. NEXERA's obligation is one of means, focused on the availability and technological security of the Platform, and not one of result in relation to the User's health.
The acceptance of these Terms and Conditions of Use by the User, through the use of electronic mechanisms such as "clicking" the confirmation button or any other express manifestation of will through the Platform, constitutes a data message with full legal validity and binding force between the parties. Such acceptance is considered an expression of will that perfects the contractual agreement, in accordance with Law 527 of 1999.
NEXERA will keep an electronic record of all User interactions with the Platform, including access records, data modifications, terms acceptances and transactions made. These electronic records (logs) constitute full proof of the User's actions and communications between the parties, being admissible and enforceable in any judicial, administrative or other proceedings.
For purposes of these Terms and Conditions of Use, the following terms shall have the meanings attributed to them below:
The VitalGo Platform is intended exclusively for use by natural persons over eighteen (18) years of age. Users declare and guarantee that they are of legal age at the time of accepting these Terms and Conditions.
In case a minor requires use of the Platform, registration and account management must be performed and supervised by their parents or legal representatives. Explicit authorization from parents or legal representatives will be essential for processing the minor's personal data, particularly sensitive data related to health and biometric data, in accordance with Law 1581 of 2012 and Decree 1377 of 2013.
NEXERA TECHNOLOGIES S.A.S. is committed to ensuring respect for the prevailing rights of children and adolescents, and will in no case process their personal data without proper authorization from their legal representatives.
To access and use the VitalGo Platform, the User must complete a registration process, providing truthful, complete and up-to-date information. The User is solely responsible for the accuracy, integrity and authenticity of all information registered in their account, including identification data, contact data and Personal Health Information.
NEXERA TECHNOLOGIES S.A.S. assumes no responsibility for the accuracy of information provided by the User. Any inaccuracy, omission or falsehood in the information provided may result in suspension or termination of the User's account, as well as corresponding legal actions. The User agrees to keep their registration information updated at all times.
The User is solely responsible for maintaining the confidentiality of their access credentials to the VitalGo Platform, including username and password. The User assumes exclusive responsibility for all activities occurring under their account, whether authorized or not.
NEXERA TECHNOLOGIES S.A.S. shall not be liable for any loss or damage resulting from unauthorized use of the User's account. The User agrees to immediately notify NEXERA TECHNOLOGIES S.A.S. of any unauthorized use of their account or any other security breach. It is the User's duty to implement reasonable security measures to protect their devices and personal information.
The User is the exclusive owner and responsible party for all information, data, health records, documents and any other content uploaded, stored or managed on the VitalGo Platform (User Content). NEXERA TECHNOLOGIES S.A.S. acts solely as a technological intermediary for storage and display of such content, without acquiring ownership rights over it.
The User declares and guarantees having all necessary rights and authorizations to upload and process User Content through the Platform. NEXERA TECHNOLOGIES S.A.S. does not review, edit or verify the accuracy of User Content and disclaims any responsibility related to its veracity, legality or suitability.
The User grants NEXERA TECHNOLOGIES S.A.S. a non-exclusive, limited and revocable license to store, process and display User Content, exclusively for the purpose of operating and providing Platform services.
The VitalGo Platform allows the User to generate a personal QR Code, with the purpose of voluntarily sharing their medical information or enabling Just-in-Time (JIT) Access mechanisms. These functionalities are designed to facilitate controlled access to such information by healthcare personnel, with the aim of supporting faster and safer medical care, especially in healthcare and emergency contexts.
The User has the ability to voluntarily present their QR Code to authorize access to their information. However, in medical emergency situations where the User is unconscious, incapacitated or unable to give consent directly, healthcare personnel may initiate the access sequence under Just-in-Time (JIT) mode, with the exclusive purpose of ensuring timely and adequate care.
The User acknowledges and accepts that they are solely responsible for controlling their QR Code. By enabling these functionalities, the User expressly authorizes access to their personal health information by healthcare personnel or third parties who, in legitimate exercise of their healthcare function, access the information by scanning the QR Code or activating the JIT mechanism.
Under no circumstances does NEXERA TECHNOLOGIES S.A.S. participate in, intervene in or assume any responsibility for medical, diagnostic, therapeutic or clinical decisions made by professionals or third parties accessing through the User's QR. The legal validity of electronic access mechanisms implemented is governed by Law 527 of 1999.
NEXERA TECHNOLOGIES S.A.S. will implement mechanisms for traceability and auditing of access to the Platform and the User's Personal Health Information, including generation of logs and activity records. These records will include information about origin, destination, date and time of sending or receiving data messages, as well as actions performed by the User and third parties accessing their information.
Retention of these records will be carried out in accordance with Law 527 of 1999 and other applicable regulations, ensuring their exact reproduction and integrity. Logs and other records generated by the Platform shall constitute valid and enforceable evidence of User actions.
Use of the VitalGo Platform may require contracting plans or subscriptions involving periodic payments. Details of plans, rates, payment methods, billing periods and cancellation policies will be specified in the corresponding section of the Platform or in independent contractual annexes.
The User agrees to make payments in a timely manner and in accordance with established conditions. Failure to pay may result in suspension or termination of access to the Platform or certain functionalities. NEXERA TECHNOLOGIES S.A.S. reserves the right to modify plans, rates and subscription conditions, with prior notice to Users with sufficient advance notice.
Processing of User personal data, including sensitive data such as health and biometric data, is governed by NEXERA TECHNOLOGIES S.A.S.'s Data Processing Policy. This policy complies with Law 1581 of 2012 and Decree 1377 of 2013.
For processing sensitive data, the User must grant explicit, free, prior, informed and unequivocal authorization, being informed that they are not obligated to authorize such processing. In the case of minors, authorization for processing their personal data must be granted by their parents or legal representatives.
The User, as personal data holder, has the right to know, update, rectify, delete their data and revoke authorization granted, in accordance with procedures established in the Data Processing Policy and applicable legislation.
NEXERA TECHNOLOGIES S.A.S. is committed to implementing necessary technical, human and administrative measures to guarantee security and confidentiality of personal data and prevent their alteration, loss, consultation or unauthorized access.
NEXERA TECHNOLOGIES S.A.S. will use its best efforts and diligence to ensure availability, proper functioning and security of the Platform. However, the User acknowledges and accepts that the Platform, depending on technology and internet connections, may experience interruptions, errors, delays or temporary outages due to technical failures, maintenance, cyber attacks, force majeure or fortuitous circumstances.
The Platform does not guarantee uninterrupted or error-free service. NEXERA TECHNOLOGIES S.A.S.'s obligation is one of means and not result regarding service continuity and performance.
NEXERA TECHNOLOGIES S.A.S.'s liability is limited exclusively to obligations of means established in these Terms and Conditions, consisting of operating the Platform as a technology operator.
NEXERA TECHNOLOGIES S.A.S. shall not be liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, data loss, business interruption or any other economic damage, arising from use or inability to use the Platform, even if NEXERA TECHNOLOGIES S.A.S. has been advised of the possibility of such damages.
The User accepts that the Platform is not responsible for medical or health decisions made by healthcare professionals or third parties based on information contained in VitalGo. Likewise, NEXERA TECHNOLOGIES S.A.S. assumes no responsibility for the veracity, accuracy or completeness of information uploaded by the User.
These limitations of liability apply to the maximum extent permitted by Colombian law, without prejudice to inalienable consumer rights, pursuant to Law 1480 of 2011.
NEXERA TECHNOLOGIES S.A.S. reserves the right to unilaterally modify these Terms and Conditions of Use at any time. Any modification will be notified to the User through the Platform or through contact information provided during registration, with reasonable advance notice before taking effect.
If the User does not agree with the modifications, they must cease use of the Platform and may request termination of their account. Continued use of the Platform by the User after modifications take effect shall be understood as tacit acceptance of the new Terms and Conditions.
This Terms and Conditions agreement shall have indefinite duration. The User may terminate their VitalGo account at any time, according to the procedure established on the Platform.
NEXERA TECHNOLOGIES S.A.S. may terminate or suspend User access to the Platform, partially or totally, immediately and without prior notice, in case of User breach of any provisions of these Terms and Conditions, or for any other reason NEXERA TECHNOLOGIES S.A.S. deems justified when the severity of conduct warrants it or there is risk to the Platform, other users or information security.
Upon termination, the User's right to use the Platform shall cease immediately. Clauses relating to personal data protection, limitation of liability, applicable law and jurisdiction, as well as any others that by their nature should survive, shall remain in effect after termination of this agreement.
These Terms and Conditions of Use shall be governed and interpreted in accordance with the laws of the Republic of Colombia. Any controversy, dispute or claim arising in relation to these Terms and Conditions, including their existence, validity, interpretation, compliance or termination, shall be submitted to the exclusive jurisdiction of judges of the Republic of Colombia, with the User waiving any other jurisdiction that might correspond to them.
The foregoing, respecting mandatory consumer protection rules established in Law 1480 of 2011.
For any question, complaint, claim or request related to these Terms and Conditions or use of the VitalGo Platform, the User may contact NEXERA TECHNOLOGIES S.A.S. through the following channels:
NEXERA TECHNOLOGIES S.A.S. is committed to responding to User communications within a reasonable time and in accordance with applicable legislation.
Operator: NEXERA TECHNOLOGIES S.A.S. | Tax ID (NIT): 902.025.881-2