Country-Specific Terms for Argentina

Scope and order of precedence

These Argentina Terms form part of the Agreement for Argentina Accounts. To the extent they regulate a matter, they prevail over the Agreement and the other policies; in all other respects, the Agreement applies unchanged.

Nothing in the Agreement or in these Argentina Terms limits the rights that Argentine law grants the Customer on a non-waivable basis. If a clause is invalid or unenforceable under those rules, it will apply to the maximum extent permitted and the remainder will remain in effect.

Contracting party, governing law and disputes

The service is provided to Argentina Accounts exclusively by JIVSoft S.A., a company incorporated in the Republic of Ecuador. JIVSoft S.A. has no branch, subsidiary or representative in Argentina, and no reseller or third party is a party to the Agreement.

The parties choose the law of the Republic of Ecuador to govern the Agreement (art. 2651 of the Civil and Commercial Code, “CCyC”), without prejudice to Argentine internationally mandatory rules (art. 2599 CCyC). These include, in particular, the rules on personal data protection, patient rights and, where applicable, consumer protection.

Disputes will be resolved under Section 18 of the Agreement: direct negotiation for 30 days, then mediation and, failing agreement, arbitration at law administered by a legally recognized arbitration and mediation center in Machala, before a sole arbitrator, in Spanish, seated in Machala. The parties acknowledge that this is an international commercial arbitration, because their places of business are in different States (Law 27,449), and that the award may be recognized and enforced in Argentina under the 1958 New York Convention (approved by Law 23,619).

If the Customer is a consumer under Argentine law, or if an Argentine court finds the arbitration agreement inapplicable (for example, under art. 1651 CCyC), the Customer may sue before the competent courts of its domicile in Argentina, and any action against the Customer may only be brought before those courts (art. 2654 CCyC). Outside those cases, the choice of forum is based on art. 2605 CCyC.

Nothing above prevents the Customer from approaching the Agency for Access to Public Information or, if the Customer is a consumer, the consumer protection authority.

Professional use and consumer protection rules

LIVE is offered to healthcare professionals and facilities for their professional activity. By subscribing, the Customer represents that it acquires the service for that activity.

If, nevertheless, the Customer falls within the definition of consumer under Law 24,240 (art. 1) and art. 1092 CCyC, for example because it acquires the service as an end user, those rules will apply in preference to any contrary clause of the Agreement.

Right of withdrawal. In that case, the Customer may revoke its acceptance of the distance contract within 10 calendar days from the conclusion of the contract, at no cost and without liability (art. 34 of Law 24,240 and art. 1110 CCyC). The full amount paid for the revoked period will be refunded through the same payment method. The free trial involves no charges, so there is nothing to revoke while it lasts.

How to exercise it. LIVE does not have an automated withdrawal button within the platform. Withdrawal is exercised by writing to support@jivsoft.com with the subject “Revocación” (Withdrawal), from the email address registered on the account or including details that allow us to identify it. No prior registration or other formality is required. Within the following 24 hours we will reply through the same channel with a withdrawal identification code (SCI Resolution 424/2020). This procedure is also published on the page of these Argentina Terms (https://live.jivsoft.com/en/terms/countries).

Cancellation. The Customer may cancel the service at any time through the same channel, with no additional formalities. Since there are no automatic charges, simply not renewing is enough to avoid new charges. Refunds that do not result from a withdrawal are governed by the Cancellation and Refund Policy (https://live.jivsoft.com/en/refunds), without prejudice to the Customer’s non-waivable rights.

Personal data protection

Framework. Personal Data Protection Law 25,326, its regulations and the provisions of the Agency for Access to Public Information (“AAIP”) apply. Health data are sensitive data (arts. 2 and 7 of Law 25,326).

Roles. The Customer is the controller of the databases of its patients and contacts. JIVSoft S.A. processes those data only on the Customer’s behalf, as a provider of data processing services (art. 25 of Law 25,326), under the Data Processing Agreement. It does not use them for its own purposes or disclose them to third parties, and when the service ends it deletes them within the periods set out in the Agreement, unless required by law to retain them.

Customer obligations. The Customer is responsible for: (a) processing its patients’ health data on a sufficient legal basis and in compliance with professional secrecy (art. 8 of Law 25,326); (b) informing patients as required by law and obtaining any required consents, including for reminders sent by WhatsApp, SMS or email; (c) registering its databases with the AAIP National Database Registry where required (art. 21); and (d) if it sends promotional messages, complying with the National “Do Not Call” Registry (Law 26,951).

International transfers. Data are stored and processed outside Argentina, in Ecuador, the United States or other countries where JIVSoft S.A. and its sub-processors (including Amazon Web Services) operate. The AAIP may not recognize those countries as providing an adequate level of protection (art. 12 of Law 25,326 and DNPDP Provision 60-E/2016). For Argentina Accounts, the parties agree that those transfers are governed by the controller-to-processor model contractual clauses approved by AAIP Resolution 198/2023, which are incorporated by reference, with the Customer as data exporter and JIVSoft S.A. as data importer. Their annexes are completed with the information in the Data Processing Agreement. In case of conflict, those clauses prevail.

Security and breaches. We apply the technical and organizational measures described in the Data Processing Agreement (art. 9 of Law 25,326). Law 25,326 does not currently impose a general duty to notify incidents. Even so, we will notify the Customer without undue delay of any incident affecting its data, with the information available, so that the Customer can assess whether it must inform the data subjects or the AAIP.

Data subject rights. The Customer handles its patients’ requests. The law sets short deadlines: 10 calendar days to answer an access request (art. 14) and 5 business days to rectify, update or delete data (art. 16). The platform allows data to be viewed, corrected and exported. If we receive a request addressed to the Customer, we will forward it without delay and will not answer it ourselves.

Artificial intelligence. The AI features are optional. If the Customer uses them, the content it submits is processed by the sub-processor listed in the Data Processing Agreement. The Customer should avoid including unnecessary identifying data.

Medical records, prescriptions and health regulations

Medical records. The Customer, as the facility or as the professional who holds the practice, is the custodian of the medical record and is responsible for its safekeeping (art. 18 of Law 26,529, as amended by Law 26,742). The law requires the record to be kept for a minimum of 10 years from the last recorded entry. For computerized records, the law requires the integrity, authenticity, unalterability, durability and recoverability of the data to be ensured (art. 13). The platform provides password-protected users, role-based permissions and a change log. It is for the Customer to assess whether those tools are sufficient for its case.

Retention and export. During the Agreement, the Customer may export its information. After termination, we keep it for 90 days so that the Customer can request a copy. Since the legal retention period is much longer, the Customer must export and keep its medical records by its own means before that period expires.

National electronic health record. LIVE is not part of the Single Electronic Health Record System established by Law 27,706 and does not claim interoperability with it or with other public systems.

Prescriptions. Since January 1, 2025, medication prescriptions in Argentina must be issued as electronic prescriptions through platforms registered in the National Registry of Digital Health Platforms (ReNaPDiS) (Law 27,553 and Decree 345/2024). Ministry of Health Resolution 2214/2025 extended that requirement to other orders, such as tests and procedures. LIVE is not registered in ReNaPDiS. The PDF prescriptions and orders it generates do not replace the electronic prescription required for dispensing. They should only be used as a supplementary document where the regulations allow it.

Health compliance. Compliance with national and provincial health regulations, professional practice rules and medical secrecy is the Customer’s responsibility, under Section 6 of the Agreement.

Invoicing and taxes

Electronic invoicing. LIVE does not issue electronic invoices before the Agency for Revenue Collection and Customs Control (“ARCA”). The service’s electronic invoicing feature is available only for Ecuador (Section 7 of the Agreement). For each payment, JIVSoft S.A. issues the receipt required under Ecuadorian regulations.

Price and currency. Prices are stated and charged in United States dollars. Any conversion to pesos is applied by the issuer of the Customer’s payment method.

Argentine taxes. The service may be subject to VAT on digital services provided by non-residents (VAT Law, as amended by Law 27,430). That VAT is collected through card issuers or payment intermediaries (AFIP General Resolution 4240/2018), or paid directly by the Customer where the rules so provide. Advance collections on account of other taxes may also apply to payments in foreign currency (for example, General Resolution 5617), as may provincial regimes.

Who pays them. Those taxes and collections are borne by the Customer and are not included in the price. If any rule requires JIVSoft S.A. to charge them, they will be added to the price and shown before payment. If any rule requires the Customer to withhold an amount from the payment to JIVSoft S.A., Section 9 of the Agreement applies: the Customer will pay the additional amount needed for JIVSoft S.A. to receive the full price and will provide the withholding certificate.

Warranties and limitation of liability

The exclusions and limitations in Sections 14 and 15 of the Agreement apply to the extent permitted by Argentine law. They do not release in advance, in whole or in part, liability for damage caused by willful misconduct (dolo). Nor do they apply where they affect non-disposable rights or mandatory laws, run contrary to good faith or are abusive (art. 1743 CCyC).

Since this is a standard-form (adhesion) contract, its clauses are interpreted in the Customer’s favor and abusive clauses are deemed not written (arts. 987 and 988 CCyC). If the Customer is a consumer, art. 37 of Law 24,240 also applies.

Language, notices and authorities

These Argentina Terms are drafted in Spanish, which is the authoritative version. Any translation, including this one, is provided as a courtesy only.

We will send notices to the email address registered on the account and, where appropriate, within the platform. The Customer may notify us at support@jivsoft.com. Electronic communications take effect upon receipt.

Relevant Argentine authorities: Agency for Access to Public Information, personal data protection (https://www.argentina.gob.ar/aaip); National Directorate of Consumer Protection and Consumer Arbitration (https://www.argentina.gob.ar/defensadelconsumidor); National Ministry of Health (https://www.argentina.gob.ar/salud); and Agency for Revenue Collection and Customs Control (https://www.arca.gob.ar).