Country-Specific Terms for Chile

Scope and order of precedence

These Chile Terms form part of the Agreement for Chile 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 Chile Terms limits the rights that Chilean law grants the Customer on a non-waivable basis. If a clause is invalid 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 Chile Accounts exclusively by JIVSoft S.A., a company incorporated in the Republic of Ecuador. JIVSoft S.A. has no establishment, subsidiary or representative in Chile, and no reseller or third party is a party to the Agreement.

The Agreement is governed by the laws of the Republic of Ecuador, without prejudice to any applicable Chilean public-order rules, in particular those 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 19,971), and that the award may be recognized and enforced in Chile under that law and the 1958 New York Convention, to which Chile is a party.

If the Customer is a consumer under Law 19,496, it retains the rights and remedies that law grants it on a non-waivable basis, including the jurisdiction of the courts it designates. Nothing above prevents the Customer from approaching the personal data protection authority or, if the Customer is a consumer, the National Consumer Service (“SERNAC”).

Professional use and consumer protection

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 the Customer is a consumer under Law 19,496, or a micro or small enterprise to which Law 20,416 extends certain provisions of that law, those provisions will apply on a non-waivable basis and in preference to any contrary clause of the Agreement.

Right of withdrawal. For contracts entered into by electronic means, Law 19,496 (art. 3 bis (b)) allows the consumer to terminate the contract unilaterally within 10 days from contracting the service and before it is provided. JIVSoft S.A. does not exclude this right. Where it applies, the Customer may exercise it by writing to support@jivsoft.com from the email address registered on the account, and the amount paid will be refunded as required by law, through the same payment method. The free trial involves no charges.

Cancellation. The Customer may cancel at any time by writing to support@jivsoft.com or simply by not renewing: there are no automatic charges. Other refunds are governed by the Cancellation and Refund Policy (https://live.jivsoft.com/en/refunds).

Personal data protection

Framework. Until November 30, 2026, Law 19,628 on the Protection of Private Life applies. From December 1, 2026, Law 19,628 will apply as amended by Law 21,719, which creates the Personal Data Protection Agency. If a later law changes that date, the date it sets will govern. Data about health status are sensitive data, and clinical record data are also confidential (Law 20,584).

Roles. The Customer is the controller of the personal data of its patients and contacts. JIVSoft S.A. processes those data only under the Customer’s mandate and on its behalf, as processor, under the Data Processing Agreement. It does not use them for its own purposes or disclose them to third parties beyond what that agreement provides.

Customer obligations. The Customer is responsible for: (a) having a lawful basis to process its patients’ health data, such as their consent or a legal authorization; (b) informing patients about the processing; (c) obtaining consent for reminders sent by WhatsApp, SMS or email; and (d) respecting the confidentiality of the clinical record.

International transfers. Data are stored and processed outside Chile, in Ecuador, the United States or other countries where JIVSoft S.A. and its sub-processors (including Amazon Web Services) operate. Once Law 21,719 is in force, those transfers will be subject to the mechanisms accepted by the law and the Agency. JIVSoft S.A. will enter into the contractual clauses or safeguards required for that purpose with the Customer, and requires its sub-processors to accept data protection obligations equivalent to its own.

Security and breaches. We apply the technical and organizational measures described in the Data Processing Agreement. We will notify the Customer without undue delay of any breach affecting its data, with the information available, so that it can meet the duties to notify the Agency and the data subjects established by Law 21,719 once in force.

Data subject rights. The Customer handles its patients’ requests to exercise their rights of access, rectification, erasure and objection and, once Law 21,719 is in force, portability and the other rights that law establishes, within the legal deadlines. 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.

Clinical records and health regulations

Clinical records. Law 20,584 (art. 13, as amended by Law 21,668) requires the provider to keep the clinical record for at least 15 years, to safeguard its confidentiality and to allow interoperability with other providers on the terms set by the regulations. Ministry of Health Decree 41 of 2012 (Regulation on clinical records) governs its content, medium, storage and disposal. These obligations are the Customer’s responsibility.

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 period is much longer, the Customer must export and keep its clinical records by its own means before that period expires.

Interoperability. LIVE does not claim interoperability with public systems or with other providers under the standards set by the Ministry of Health.

Prescriptions, medical leave and certificates. The PDF documents generated by LIVE are the responsibility of the professional who issues them. LIVE is not an electronic prescription system within the meaning of the pharmacy regulations, and it does not issue electronic medical leave certificates. Its documents do not replace the forms or control mechanisms required by the health authority, for example for retained prescriptions or controlled medications.

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

Invoicing and taxes

Electronic invoicing. LIVE does not issue electronic tax documents before the Internal Revenue Service (“SII”). 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.

Chilean taxes. The Sales and Services Tax Law (Decree-Law 825, art. 8(n), added by Law 21,210 and later amended) levies VAT on certain services provided from abroad and used in Chile. Depending on the Customer’s situation, the tax may be collected under the foreign provider’s simplified regime, through a reverse charge or a surcharge applied by payment method issuers, or reported by the Customer itself. Payments abroad may also be subject to additional tax (impuesto adicional) withholding.

Who pays them. Those taxes are borne by the Customer and are not included in the price. If the law 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 Chilean law. They have no effect with respect to future willful misconduct (dolo) (art. 1465 of the Civil Code) or gross negligence, which in civil matters is equivalent to willful misconduct (art. 44 of the Civil Code), and they do not affect non-waivable rights.

If the Customer is a consumer, or a micro or small enterprise protected by Law 20,416, clauses that Law 19,496 deems abusive will have no effect (art. 16).

Language, notices and authorities

These Chile 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.

Relevant Chilean authorities: Personal Data Protection Agency, once established under Law 21,719; National Consumer Service (https://www.sernac.cl); Superintendency of Health (https://www.superdesalud.gob.cl); Ministry of Health (https://www.minsal.cl); and Internal Revenue Service (https://www.sii.cl).