Country-Specific Terms for Peru

Scope and order of precedence

These terms govern the relationship between JIVSoft S.A. and every Customer whose LIVE account is registered with Peru as its country.

To the extent they regulate matters for Peru, these terms prevail over the Customer Agreement and the other documents referred to above. Anything not addressed here is governed by the Customer Agreement in the order of precedence set out in its section 1. Capitalized terms have the meaning given in section 21 of the Customer Agreement.

Contracting party, governing law and dispute resolution

The contracting party is JIVSoft S.A., a company incorporated and domiciled in Ecuador. The Agreement is governed by the laws of the Republic of Ecuador, without prejudice to the mandatory Peruvian rules referred to in these terms.

Because the parties are domiciled in different States, any dispute arising out of or relating to the Agreement shall be resolved by international arbitration, administered by the a legally recognized arbitration and mediation center in Machala under its rules, decided at law, by a sole arbitrator, seated in Machala and conducted in Spanish. The award shall be final and binding and may be recognized and enforced in Peru under Legislative Decree 1071 and the 1958 New York Convention.

Before starting arbitration, the party raising the dispute shall notify the other in writing, and both shall try in good faith to resolve it for thirty (30) days. This clause does not prevent either party from requesting interim measures from the competent courts or from going to Indecopi, the National Personal Data Protection Authority or other administrative authorities acting within their powers.

Professional use, consumer protection and Complaints Book

LIVE is offered to healthcare professionals and facilities for their professional or business activity. By subscribing, the Customer represents that it uses LIVE in the course of that activity. If the Consumer Protection and Defense Code (Law 29571) recognizes the Customer as a consumer, the non-waivable rights granted by that Code shall prevail.

JIVSoft S.A. provides a virtual Complaints Book (Libro de Reclamaciones). It can be accessed from the country terms page (https://live.jivsoft.com/en/terms/countries) or by writing to support@jivsoft.com with the subject "Libro de Reclamaciones". The complainant will receive by email a record of the complaint form, with its number and date.

A claim (reclamo) expresses dissatisfaction with the contracted service; a complaint (queja) expresses dissatisfaction with the customer service received. JIVSoft S.A. will answer claims and complaints within no more than fifteen (15) non-extendable business days from their submission, as required by the Code. Filing a claim does not prevent the Customer from going to Indecopi.

Personal data protection

Law 29733, the Personal Data Protection Law, and its Regulations approved by Supreme Decree 016-2024-JUS apply; compliance is supervised by the National Personal Data Protection Authority (ANPD).

Health data are sensitive data. With respect to its patients' data, the Customer is the owner of the database or controller, and JIVSoft S.A. is the processor. The Customer is responsible for obtaining the consent the law requires to process sensitive data, unless a legal exception applies, for informing patients and for registering its databases in the National Personal Data Protection Registry.

Cross-border flow: data are hosted and processed outside Peru, in Ecuador and on servers of cloud providers that may be located in other countries. For that flow, the Data Processing Agreement (https://live.jivsoft.com/en/data-processing) contains the contractual clauses with the safeguards required by the Regulations. The Customer, as exporter, must notify the cross-border flow to the competent authority for registration in the National Personal Data Protection Registry, using the approved form. JIVSoft S.A. will provide the information on destinations and sub-processors that the Customer needs for that purpose.

Subcontracting: by accepting the Data Processing Agreement, the Customer authorizes JIVSoft S.A. to use the sub-processors listed there (cloud hosting, WhatsApp or SMS messaging, email, payment gateway and, only if the Customer enables them, artificial intelligence features), which assume obligations equivalent to those of the processor.

Security incidents: JIVSoft S.A. will immediately inform the Customer of any incident affecting its data. The Customer must notify the ANPD within 48 hours after becoming aware of an incident in the cases set out in the Regulations (for example, when sensitive data are affected) and inform the affected patients within the same period when their rights are affected. JIVSoft S.A. will provide the available information for that purpose.

Data subject rights: the Regulations set maximum response periods of 8 days for the right to information, 20 days for the right of access and 10 days for the rights of rectification, cancellation or objection, which may be extended once for an equal period when justified. If a patient files a request with JIVSoft S.A., it will forward it to the Customer within three (3) days and will make the LIVE features for viewing, correcting, exporting and deleting data available. Data subjects may go to the ANPD through the "Yo cuido mis datos personales" platform.

The Customer shall assess whether it must appoint a Personal Data Officer, which the Regulations require, according to the schedule by company size, among other cases when the main activity involves processing sensitive data.

Medical records and health regulations

LIVE is a software tool. Compliance with health regulations rests with the Customer, including the Technical Health Standard for Medical Record Management (NTS 139-MINSA/2018/DGAIN) on the handling, retention and disposal of medical records, and Law 30024, which creates the National Registry of Electronic Medical Records (RENHICE), and its regulations.

Healthcare providers (IPRESS) that use an electronic medical record information system may be subject to the Ministry of Health accreditation process (Ministerial Resolution 164-2025/MINSA). LIVE is not accredited by the Ministry of Health as an electronic medical record system and is not integrated with RENHICE. The Customer must verify whether its facility is required to use an accredited system and, if so, use LIVE only for the functions that the regulations allow.

Medical record retention periods may exceed the length of the subscription. The Customer must export its data periodically and, in any event, before termination and during the 90 days afterwards provided in the Customer Agreement, to keep it on its own.

Electronic invoicing and taxes

Electronic invoicing with SUNAT is not available in LIVE. The Customer must issue its electronic payment receipts with its own system or provider. LIVE's electronic invoicing works only with Ecuador's SRI.

JIVSoft S.A. issues the invoice for the subscription in Ecuador, under Ecuadorian law. If Peruvian law requires the Customer to obtain or issue an additional document to support the expense, the Customer is responsible for doing so.

Prices are stated in United States dollars and do not include Peruvian taxes. If the Customer carries on business activity, it is responsible for reporting and paying IGV on the use in Peru of services provided by non-domiciled persons. If the law requires JIVSoft S.A. or a payment facilitator to charge IGV, including under the digital services regime of Legislative Decree 1623, it will be added to the price.

If Peruvian law requires the Customer to withhold income tax on payments to JIVSoft S.A., the Customer will pay the additional amount needed for JIVSoft S.A. to receive the full price, unless the withholding can be avoided or reduced by applying Andean Community Decision 578 or another rule, in which case the parties will cooperate to apply it. This clause allocates the cost between the parties and does not change who the taxpayer is before SUNAT.

Limitations under Peruvian law

The warranty disclaimers and limitations of liability in sections 14 and 15 of the Customer Agreement apply to the maximum extent permitted. They do not exclude or limit liability for willful misconduct or inexcusable negligence, or liability arising from mandatory rules, including personal data protection rules and, where applicable, the Consumer Protection and Defense Code.

Language, notices and authorities

• Language: the Agreement and these terms are entered into in Spanish, which prevails over any translation.
• Notices: JIVSoft S.A. will send notices to the email address of the Customer's account and through notices in LIVE. The Customer will send notices to JIVSoft S.A. at support@jivsoft.com.
• Consumer protection: National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi), www.gob.pe/indecopi.
• Personal data protection: National Personal Data Protection Authority (ANPD), Ministry of Justice and Human Rights, www.gob.pe/anpd.
• Taxes: National Superintendency of Customs and Tax Administration (SUNAT), www.sunat.gob.pe.
• Health regulations: Ministry of Health, www.gob.pe/minsa; oversight: National Health Superintendency (SUSALUD), www.gob.pe/susalud.