Terms & Conditions (T&C)

Terms & Conditions

Last updated: July 7, 2025


By accessing and/or registering as a User of our Platform, you expressly and fully accept these Terms & Conditions by electronic means, pursuant to Article 1803 of the Mexican Federal Civil Code, Article 93 of the Code of Commerce, and any other applicable provisions. If you do not agree entirely with these Terms, you must refrain from accessing, using, or interacting with the Platform. Any access, use, or interaction shall be deemed absolute and irrevocable acceptance of these Terms.


[IMPORTANT NOTICE: THE SERVICES PROVIDED BY DIAGNOSTIKARE UNDER THESE TERMS ARE COMPLEMENTARY AND DO NOT REPLACE OR CONTRADICT THE MEDICAL GUIDANCE OR OTHER MEASURES ISSUED BY FEDERAL, STATE, OR MUNICIPAL HEALTH AUTHORITIES IN MEXICO—OR IN ANY OTHER JURISDICTION WHERE THE USER MAY BE LOCATED. COMPLIANCE WITH SUCH OFFICIAL GUIDANCE IS THE SOLE RESPONSIBILITY OF THE USER, AND DIAGNOSTIKARE ASSUMES NO LIABILITY FOR ANY DAMAGE OR LOSS ARISING FROM NON‑COMPLIANCE.].


Contenido

  1. Definitions 
  2. General Information
  3. User Registration & Account
  4. Referral Programme
  5. User‑Generated Content
  6. Memberships, Plans & Subscriptions
  7. Use of the Software
  8. Diagnostic Disclaimer
  9. Remote Consultations
  10. Scheduling, Modification & Cancellation Policy
  11. Other Services
  12. Healthcare Professionals Associated with the Platform
  13. Payments, Third‑Party Services & Digital Wallet
  14. Beta Features
  15. Diagnostikare Intellectual Property
  16. Privacy & Personal‑Data Protection
  17. Limitation of Liability
  18. Changes to the Terms
  19. Governing Law & Jurisdiction

Definitions

  • Privacy Notice: The electronic or other format document made available to the User via the Platform prior to processing personal data, in accordance with Mexico’s Federal Law on the Protection of Personal Data Held by Private Parties and any applicable correlatives in other countries.
  • Client: Any individual or entity that contracts Diagnostikare to provide Services to one or more Users under agreed conditions. The Client has no access to the User’s Account or personal data unless a legal basis and the User’s explicit consent exist under the Privacy Notice.
  • Content: Collectively, all Software components, interfaces, documentation, music, sounds, information, fonts, downloadable content, updates, upgrades, databases, services, and other elements forming part of or related to the Platform.
  • Account: The individual record required to access the Platform, validated by the Software, containing information supplied by the User, Client, suppliers, third parties, or any person authorised within the Platform.
  • Diagnostikare: Servicios Clínicos Inteligentes DXKARE, S.A.P.I. de C.V., including its subsidiaries and/or affiliates.
  • Electronic Medical Record: The set of personal and medical data of the User collected, stored, and managed through the Platform in accordance with applicable regulations.
  • Memberships / Plans / Subscriptions: Any paid or contracted access modality that permits the User and/or Client to use the Software and/or obtain Services offered by Diagnostikare.
  • Digital Wallet: An internal electronic functionality that allows the User to manage credit balances arising exclusively from authorised refunds of cancelled consultations, under these Terms.
  • Platform: The Software together with all electronic, telephonic, or similar means through which Diagnostikare and its Providers furnish Services to Users under these Terms.
  • Products: Medicines, laboratory tests, and any other products offered to Users in connection with the Services, whether directly by Diagnostikare or indirectly by the Client or Providers, within or through the Platform.
  • Provider: Any third party (individual or entity) that supplies services to Diagnostikare which are related or necessary to deliver the Services via the Platform to Users and/or Clients.
  • Payment Service Provider: Grupo Conekta, S.A. de C.V. (“Conekta”) or any other electronic payment‑service provider contracted by Diagnostikare, the Client, or a Provider for payment of Services and/or Products within or through the Platform.
  • Services: All services supplied by Diagnostikare and offered to the User within or through the Platform.
  • Third‑Party Services: Services rendered by Providers that are required to deliver the Services and operate the infrastructure that hosts, runs, and makes the Platform available to the User.
  • Software: The computer programs (algorithms and computational instructions), including applications and their components, made available by Diagnostikare for use as part of the Platform.
  • User: The end‑user (individual) who accesses and uses the Platform under these Terms.
  • Referred User: A person invited by a User to register and use the Platform under any Membership, Plan, Subscription, or referral mechanism established by Diagnostikare. A Referred User must meet the specific requirements for each modality and create an individual Account by expressly accepting these Terms.

General Information

Diagnostikare provides Users, via the Platform, with primary‑care Services that deliver answers and recommendations based on the signs or symptoms communicated by Users through electronic devices (smartphones, computers, tablets, etc.), as well as complementary services focused on holistic well‑being and personalised health follow‑up. Diagnostikare’s sole purpose is to supply information, advice, and general guidance to Platform Users.

The Platform is an alternative for obtaining preliminary information, recommendations, and guidance at any time without the need for the User to travel, as well as other general services related to physical and emotional well‑being. The responses, recommendations, and other services arise from information generated by the User. The Services do not include in‑person medical consultations nor do they replace healthcare professionals in diagnosing or treating the User’s conditions.


Registro y cuenta del Usuario

The User who accesses the Platform through the Software for the purpose of creating an Account must, in that capacity, expressly accept these Terms and Conditions, acknowledge the Privacy Notice, and grant consent for the processing of personal data, in accordance with the provisions of said Privacy Notice.

The User undertakes to use the Platform in an appropriate and responsible manner and shall ensure that all data and information transmitted to Diagnostikare through the Platform are correct and truthful, warranting that they hold the necessary rights to lawfully transmit such information to Diagnostikare.

The User accepts that the Account will contain the information required for the provision of the Service and any Provider Services, including information that may personally identify the User, it being understood that such information will be processed in accordance with the Privacy Notice.

Account information will include that related to the use of the Software. The User may use the Software, review information regarding the services received, and, if requested, obtain a copy of the summary of their Electronic Medical Record through the channels and formal procedures established for that purpose.

The User shall be responsible for maintaining the confidentiality of their Account credentials and password, restricting access from any technological device, and assuming responsibility for any activity carried out from their Account as well as for the use of their password. The User acknowledges that access to the Platform through their Account constitutes an electronic signature, and that any data message or communication made through the same or within the Platform will be attributable to such User.

The User agrees that the information sent to Diagnostikare via data messages in the Platform or by e‑mail, telephone calls, or any method permitted within the Platform shall be binding on the User as an express manifestation of their will and may be retained by Diagnostikare. The User authorises Diagnostikare to assume that any data message or communication originating from any e‑mail address or telephone number registered on the Platform has been issued by the User. The User acknowledges that any message sent by Diagnostikare by any of those means shall be deemed to have been received in writing. The User accepts that all contracts, notices, and other communications that Diagnostikare and the User carry out electronically or through the Platform satisfy any legal requirement of written form, in accordance with Article 89 of the Code of Commerce.

The User acknowledges that Diagnostikare has its domicile in Mexico City, United Mexican States, from where it provides and manages the Services offered through the Platform. The Services provided by Diagnostikare are governed exclusively by the laws applicable in Mexico, regardless of the location of the User when using the Platform. The use of the Platform outside Mexican territory does not imply that Diagnostikare agrees to submit to any foreign legislation or jurisdiction.


Referral Program 

Diagnostikare may implement various programs or mechanisms through which Users may refer other individuals (“Referred Users”) to promote use of the Platform. Participation in these programs shall be subject to the specific conditions that Diagnostikare establishes and communicates in a timely manner, including, without limitation, temporary benefits such as free periods or special promotions.

Each User may invite a limited number of Referred Users to join the Platform, as determined by Diagnostikare for each specific program. Invitations must be generated and sent through the tools available on the Platform, which will clearly indicate the applicable mechanics and benefits.

Referred Users must always be natural persons of legal age. In certain specific programs, Diagnostikare may set additional conditions regarding the type of relationship between the User and the Referred User, including, without limitation, blood relations up to the second degree (parents, grandparents, children, grandchildren, or siblings) or direct affinity (spouse or common‑law partner). Diagnostikare may request proof of such relationships at any time and may suspend or cancel the benefit if the requirements are not met.

To receive the benefits of the Referral Program, Referred Users must create their own individual account on the Platform and personally accept these Terms and Conditions. Diagnostikare expressly reserves the right to modify, adjust, or terminate any referral program in force, as well as to freely vary the services, functionalities, or benefits granted to Referred Users as it deems appropriate, without this implying any additional obligation to the participating Users.

The User acknowledges that participation in any Referral Program implies full and unconditional acceptance of the specific conditions communicated by Diagnostikare for each current model or promotion, as well as general acceptance of these Terms and Conditions.


User-Generated Content

The Platform may allow you to send, receive, or share with others the Electronic Medical Record and other content generated by the User.

The Electronic Medical Record and other content generated by the User are governed by the Federal Law on Protection of Personal Data Held by Private Parties and common legislation. Accordingly, the Electronic Medical Record and other content generated by the User are the property of the User and of the holders of the personal information included therein.

The User acknowledges that Diagnostikare must process the information for its storage and distribution to users of Diagnostikare Accounts in accordance with the User’s instructions and the processing of their personal data set out in the Privacy Notice.

Diagnostikare assumes no responsibility for the Electronic Medical Record and other content generated by the User or by any third party that may be entered on the Platform using an Account. Diagnostikare is not responsible for any loss or damage to the Electronic Medical Record and other content generated by the User, nor for any incorrect, defamatory, libellous, false, obscene, or offensive content generated by the User. The transmission or publication of the Electronic Medical Record and other content generated by the User shall be the exclusive responsibility of the User who transmitted or published it.

The Electronic Medical Record and other content generated by the User that are made available to third parties through the Software must comply with the Privacy Notice. By making the Electronic Medical Record and/or other content generated by the User available to others through the Software, the User represents that they have the right to do so and agrees that Diagnostikare has no obligation to control or protect their rights and interests with respect to the Electronic Medical Record and/or other content generated by the User. Nevertheless, the User agrees that Diagnostikare shall at all times have the right to enforce its rights with respect to such Electronic Medical Record and other user‑generated content, at the discretion of Diagnostikare, including, by way of example and not limitation, the right to initiate legal actions (at Diagnostikare’s expense) on the User’s behalf.

Diagnostikare may read, scan, access, use, monitor, disclose, or preserve information associated with the User’s use of the Platform, including, without limitation, (1) to comply with applicable law or respond to lawful court processes; (2) to enforce these Terms and Conditions or protect the rights of Diagnostikare, its Users, or third parties; (3) to help prevent death or serious bodily harm; (4) to prevent unlawful or offensive activities; and (5) to provide and improve Platform features.

The User shall indemnify Diagnostikare for the improper or illegal use of the Software or the Platform.


Membership, plans and/or subscription policy

Diagnostikare offers Users different digital Membership, Plan, and/or Subscription schemes which, once contracted, allow access to certain Services, functionalities, and benefits within the Platform. These may be monthly, quarterly, semi‑annual, or annual and may apply on an individual or family basis, as expressly indicated at the time of contracting and as stated in the corresponding section of the Platform.

The User may contract, modify, or cancel their Membership, Plan, and/or Subscription at any time, subject to the conditions set forth herein. To cancel their Membership or Subscription, the User must follow the procedure available on the Platform or contact the Support area for specific instructions. Diagnostikare reserves the right to modify, update, or discontinue membership, plan, and/or subscription modalities at any time, without affecting the rights acquired by Users during the contracted period.

For monthly Memberships, Plans, and/or Subscriptions, the User may cancel automatic renewal before the end of their monthly term. The cancellation will take effect at the end of the current period, so the User will retain access to the Services until the expiration date. Under no circumstances will refunds—total or partial—be made for payments corresponding to monthly contracts.

For annual Memberships, Plans, and/or Subscriptions, the User may request cancellation at any time; however, such cancellation will not entail any refund. The Membership, Plan, and/or Subscription will remain active until the end of the originally contracted annual period, and during that period, the User may continue using the Platform under the terms in effect at the time of contracting. No refunds will be made for early cancellation of annual contracts, even if the User decides to stop using the Services.

The User may contract a new Membership, Plan, and/or Subscription at any time, unless otherwise provided by Diagnostikare, which reserves the right to limit or restrict access to certain contracting models based on the User’s history, operational changes, or improvements in the Service provision model.

Contracting any Membership, Plan, and/or Subscription implies full understanding and acceptance of these Terms and Conditions, as well as acknowledgment that the associated Services may vary in functionality, availability, or scope, at Diagnostikare’s discretion, in accordance with its policy of continuous Platform improvement.


Use of the software

The User interacts with the Software to obtain answers, recommendations, and access to the various Services offered by Diagnostikare, including those related to primary health care, physical and emotional well‑being, and other complementary services available on the Platform. Such Services are based exclusively on the information that the User provides in an integral and truthful manner. Once a session in the Software is finished, and when necessary, the User will be given the option to consult a health‑care professional through electronic communication devices.

The User must comply with these Terms and Conditions when using the Software, including—but not limited to—providing complete and accurate registration data. Otherwise, the User shall bear any adverse outcome caused by improper use of the Software, whether by the User or by unauthorised third parties. Breach of the obligations contained in these Terms may, at Diagnostikare’s discretion, result in the suspension or cancellation of the User’s account without liability for Diagnostikare.

The User is solely responsible for all costs arising from the use of the device on which the Software is executed, including, without limitation, Internet or mobile connectivity fees. The User also acknowledges that Diagnostikare does not guarantee the operation of the Software on devices whose operating systems are not up to date, are modified, or do not meet the security standards recommended by their manufacturers.

The Software may not be compatible with all devices, connection services, or service plans. Not all Software features will be available to all Users; availability depends on the User’s location, the type of device used, the service plan, and other factors or restrictions that may depend on third parties.

Diagnostikare may suspend, modify, or remove part or all of the Software without prior notice to the User and without incurring any liability. However, when such modifications entail substantial changes that affect the essential functionality of the Platform or access to User information, Diagnostikare will use commercially reasonable efforts to give timely notice through the available channels. Diagnostikare strives to comply with the highest legal and commercial standards for the provision of Services and handling of information, including the Electronic Medical Record.

The User acknowledges and agrees that Diagnostikare may push Software updates without the User’s express authorisation. Updates may be necessary for the proper operation of the Platform, and the User may require them to fully enjoy all functionalities of the Software or even to continue accessing it and their Electronic Medical Record. All Software updates shall be governed by these Terms unless expressly stated otherwise in a notice sent to the User via any channel designated by Diagnostikare, including e‑mail, messaging, or in‑app notifications.


Diagnostic warning

Except as expressly set forth in these Terms and Conditions, the information presented through the Platform is for informational purposes only and in no way substitutes or purports to substitute the opinion or diagnosis of a qualified physician. Use of the Platform is the User’s responsibility in accordance with these Terms. Should you require further information regarding your state of health, you must consult a physician in person or go to the hospital or health‑care centre of your choice to obtain an assessment, diagnosis, and, where appropriate, the corresponding treatment.

The digital Platform must not be used in medical emergencies. In case of a medical emergency, you must call 911 or the emergency numbers of your locality.

The User is responsible for consulting their physician or any other health‑care provider if they have questions about their state of health or the attention of any discomfort or illness. The User must not disregard professional medical advice or cancel an appointment with a physician on the basis of the information read on Diagnostikare’s Platform.


Remote consultations

When using the Software, the User may schedule any of the following remote consultations:

Medical Consultations. Available to Users who wish to contact a primary‑care physician via call or video call, subject to and in accordance with the specifications set forth on the Platform. The physicians are duly licensed, hold professional registration, and are subject to validated clinical protocols. Users may request contact through the Software subject to the availability of health‑care professionals, who will be active 24 hours a day, 7 days a week, as long as the corresponding Membership, Plan, and/or Subscription remains in force.

Paediatric Consultations. Designed to provide medical guidance for minors through a paediatrician via call or video call, where applicable. These consultations are available on Mondays, Wednesdays, and Fridays according to the timetables published on the Platform. The minor must be accompanied at all times by their parent or guardian. If this Service is not included in the Membership, Plan, and/or Subscription contracted by the Client and/or the User, it may be purchased separately at the rates and under the promotions in force published on the Platform.

Psychological Consultations. Available to Users who request to be contacted remotely by a clinical psychologist. These consultations aim to provide timely and personalised interventions that foster the User’s emotional well‑being. Requests are made through the Software according to professional availability. The availability and number of sessions depend on the scope included in the Membership, Plan, and/or Subscription contracted by the Client and/or the User, as applicable, and will adjust to the frequency recommended by the professional based on their assessment. The service is offered during business hours Monday to Friday and is not designed for emergencies or severe clinical situations requiring immediate intervention.

Nutritional Consultations. Available to Users who request remote contact with a clinical nutritionist. These consultations are oriented towards health promotion and disease prevention through personalised nutritional assessments and interventions. Requests are made through the Software according to professional availability. The availability and number of sessions depend on the scope included in the Membership, Plan, and/or Subscription contracted by the Client and/or the User, as applicable, and will adjust to the frequency recommended by the professional based on the initial assessment. The service is offered during business hours Monday to Friday and is not designed for emergencies or severe clinical situations requiring immediate intervention.


Policy for scheduling, modification and cancellation of appointments

The User may schedule, modify or cancel consultations through the Software in accordance with the rules and restrictions set forth in these Terms and Conditions. These policies are intended to ensure orderly and efficient use of the Services and to respect the availability of the professionals who provide care through the Platform.

Active confirmation system. To promote responsible use and respect for health‑care professionals’ schedules, an active appointment confirmation system is in place. The User receives a prior notification with a defined period to confirm, reschedule or cancel the consultation. If no response is received within the established period, the appointment is automatically cancelled and the slot is released for other Users.

Rescheduling. The User may reschedule a previously scheduled consultation provided the change is requested at least two (2) hours before the originally programmed time. Each consultation may be rescheduled only once. The User may reschedule consultations up to a maximum of three (3) times within a period of thirty (30) calendar days. Once this limit is reached, no further rescheduling will be allowed until that period has elapsed.

Cancellations. The User may cancel a scheduled consultation provided it is done at least two (2) hours in advance. If the consultation was paid, the refund will be issued exclusively as a credit balance in the User’s Digital Wallet, which may be used for new consultations or for the full or partial payment of memberships, plans and/or subscriptions. The balance is neither redeemable for cash nor transferable to another User or third party by any means. Each User may cancel up to three (3) consultations within a period of thirty (30) calendar days. After reaching this limit, no new cancellations will be allowed until the period has elapsed.

Cancellations are also recorded as part of the usage history and are considered in the overall evaluation of User behaviour. In psychological and nutritional consultations, each cancellation triggers a five (5) calendar‑day operational pause before new appointments of the same specialty can be scheduled.

No‑shows. When the User does not appear or connect to the consultation at the scheduled time, it is deemed unattended. Unattended consultations cannot be rescheduled or cancelled and do not generate a refund. From the third no‑show without prior notice—whether consecutive or cumulative—any additional consultation will be subject to an event fee as expressly indicated at the time of contracting and in the corresponding section of the Platform.

Diagnostikare records User attendance behaviour as part of its operations and may implement additional operational measures when repeated patterns of absence are detected.

Annual limit and continuity. The User has access to a maximum number of consultations per year at no additional cost, as expressly indicated at the time of contracting and in the corresponding section of the Platform. Once that limit is reached, the User may continue to receive care subject to an event fee, the purchase of additional packages or enrolment in a health programme, subject to availability and applicable conditions.


Other services 

Diagnostikare may make available to Users complementary functionalities, auxiliary services and additional tools distinct from regular remote consultations, which will be accessible through the Platform according to availability, the particular conditions of use and the prevailing service‑delivery model. Inclusion of these services is at Diagnostikare’s sole discretion and may vary depending on the User, the Client or the applicable access scheme.

Diagnostikare may arrange the issuance of electronic medical prescriptions only for Users who have received a remote medical consultation through the Platform, in accordance with Article 64 of the Regulations to the General Health Law on the Provision of Medical Care Services. Such prescriptions will be prepared by duly accredited health professionals and may include only medicines classified under Sections IV, V and VI, together with general recommendations, requests for tests or referrals for in‑person care. For psychological and nutritional advisory services no medical prescriptions will be issued; however, treatment plans or personalised recommendations prepared by the treating professional may be generated. All prescriptions and documents issued will bear a unique digital seal that guarantees their authenticity and validity under applicable regulations.

Diagnostikare may facilitate the purchase of medicines by Users through the Platform via a specific module or links included in electronic prescriptions. This service will be operated by third‑party specialists in the sale and distribution of medicines and will be subject to geographic availability and to the terms and conditions established by such providers. Contracting and payment for this service are the sole responsibility of the User, who must accept the applicable conditions before using this functionality.

Diagnostikare may offer Users services for requesting, scheduling and paying for laboratory and/or imaging studies when these are recommended by healthcare professionals within the Platform. This functionality may also include interpretation of results by qualified personnel. The studies will be carried out by specialised third‑party providers and their performance will be subject to their own terms and conditions, which the User must accept before using this functionality. All costs arising from such studies shall be borne by the User.

Likewise, a specific channel may be enabled within the Software for delivering recommendations and content aimed at health promotion and disease prevention, using multimedia materials, digital messages or other interactive tools. Such content may be generated directly by Diagnostikare or in collaboration with third parties and will be designed on the basis of scientific criteria or public‑interest informational campaigns.

Diagnostikare may produce statistical and analytical reports derived from use of the Software in order to identify usage patterns, aggregated health outcomes and relevant findings. This information will be processed in a de‑identified manner, always respecting the principles of confidentiality and personal‑data protection set out in the Privacy Notice. The reports may include geographic references or dynamic visualisations and will be made available to Clients or strategic allies under the corresponding contractual terms.

For communication and digital accompaniment purposes, Diagnostikare may develop tailored content such as articles, infographics, videos and other educational or promotional resources to be communicated through the Software or by electronic means. This content will be validated beforehand by Diagnostikare and, where applicable, by the Client, and will be limited exclusively to topics related to health, well‑being and the Services available on the Platform.

To ensure an efficient User experience, a technical support channel may be enabled within the Software through which Users can receive assistance regarding operation of the Platform. This channel will be available on the days and times expressly indicated on the Platform.

Diagnostikare may administer surveys, questionnaires or other measurement tools in order to assess User satisfaction, learn about their health and wellness habits and generate content tailored to their profiles. These tools may be executed periodically and their results will be used solely to improve the quality and effectiveness of the Services.

In certain institutional contracting schemes, Diagnostikare may implement intelligent modules for diagnosis and personalised recommendations generated from questionnaires on wellness habits. These modules will allow the creation of personalised digital plans aimed at improving the User’s health through educational interventions, follow‑up and continuous evaluation of results.

Diagnostikare may collaborate in organising health events or activation, dissemination and promotion campaigns for the Services offered on the Platform. These activities may include participation in fairs, face‑to‑face or virtual events, webinars, presentations and other communication efforts aimed at Users, always in coordination with contracting entities where applicable.


Healthcare professionals associated with the platform

Diagnostikare will comply with the regulations in force governing the practice of healthcare professionals; therefore, those who provide information and counselling through the Platform are physicians or specialists in other clinical areas who hold a professional licence registered with the General Directorate of Professions of the Ministry of Public Education. These professionals may be directly linked to Diagnostikare or may be designated by Clients or other third parties with authorised access to the Platform, in which case they act under the exclusive responsibility of such third parties.

The User is responsible for, and entirely free to refuse to follow, the answers and recommendations concerning their health‑related signs or symptoms that are communicated via the Platform. Diagnostikare merely responds to their questions and helps to guide the approach to health problems; at no time should the suggestions or recommendations issued by healthcare professionals be considered a definitive diagnosis or treatment, since the Platform in no way replaces in‑person medical care. If necessary, Users are advised to seek evaluation by medical personnel outside Diagnostikare or to use emergency services.

The Services provided through the Software are intended solely as an information tool for the User; therefore, under no circumstance shall it be construed that the Platform’s purpose is to render medical services. When services are provided by healthcare professionals designated by a Client or third party, Diagnostikare acts solely as a technology provider and assumes no responsibility for the care provided.

Diagnostikare and the medical personnel providing consultations shall not be liable for consequences arising from the User’s voluntary or involuntary omission of data regarding their medical history or personal data. Without complete and truthful information provided by the User, neither Diagnostikare nor the healthcare professionals collaborating with Diagnostikare can provide adequate recommendations, and they assume no responsibility for the measures the User takes pursuant to those recommendations. This same limitation shall apply when the healthcare professionals are not affiliated with Diagnostikare, unless otherwise required by law.

If the physicians providing consultation advise the User that assessment or treatment by a general practitioner, specialist or other healthcare professional is required, it is the User’s responsibility to carry out the corresponding follow‑up and present themselves in person to the aforementioned specialists.

Any suggestion or recommendation issued through the Platform will be understood to have been issued by the healthcare professional, and the User is at no time obliged to follow it; they may choose whether or not to do so, thereby releasing Diagnostikare and the healthcare professionals who form part of the Platform from any present or future liability. In the case of healthcare professionals linked to Clients or third parties, such liability shall rest solely with those who designated them.

Healthcare professionals associated with Diagnostikare, both those providing services under direct supervision of the Platform and those belonging to third‑party healthcare networks, may suggest therapeutic schemes that include general care, lifestyle changes, dietary modifications, clinical tests, and, where appropriate, pharmacological agents. Diagnostikare directly supervises only those professionals it hires and does not control or intervene in the clinical criteria or therapeutic decisions of external professionals who are part of allied networks or third‑party service providers related or unrelated to the Client.

If the User decides to follow a pharmacological treatment derived from a medical consultation, neither Diagnostikare nor the healthcare professionals providing services through the Platform will be liable for adverse effects, unfavourable reactions, or allergies that may result from the use of such medicines. This exclusion of liability likewise applies to professionals not under Diagnostikare’s direct supervision.

Similarly, should the User suffer any health damage as a result of following preliminary recommendations or instructions issued by healthcare professionals available through the Platform, no claim or compensation shall lie against Diagnostikare. In cases where the professional has been assigned or hired by a third party, any claim must be directed exclusively against that third party or responsible Client.


Pagos, servicios de terceros y Monedero Digital

For the provision of the Services and the commercialisation of third‑party Products or Services offered through the Platform, Diagnostikare may rely on specialised electronic payment processors (each, a “Payment Service Provider”). In such cases, the charges applied to the User’s credit or debit cards will appear on their account statement under the name “Diagnostikare” or under the descriptor indicated by the relevant Payment Service Provider.

Diagnostikare and, where applicable, the Payment Service Providers will receive the payments made by the User through the corresponding Payment Service Provider. Diagnostikare does not have direct access to the User’s financial information; therefore, the security and processing of banking data are the sole responsibility of the Payment Service Provider. By entering their card details in the Platform, the User consents to the processing of such information in accordance with the Privacy Notice and releases Diagnostikare from any liability related to the operation or performance of the payment system.

The User acknowledges that use of the Platform, the services of healthcare professionals, and any other services that may be contracted through the Platform may entail additional costs associated with the sale or provision of products or services by third parties unrelated to Diagnostikare. Such costs must be paid directly by the User and are not included in the consideration for the Services offered by Diagnostikare.

As part of the Platform’s functionalities, the User may have a personal Digital Wallet, whose sole purpose is to manage credit balances arising from refunds for previously paid consultations that are subsequently cancelled. Such balance may be used only within the Platform to pay for new consultations or to purchase or renew available memberships. It may not be converted to cash, transferred to other Users, or used outside the Platform.

The balance available in the Digital Wallet can be viewed by the User from the Platform’s main menu, where all transactions—credits and debits—are reflected in real time. Diagnostikare reserves the right to verify and validate any balance credited to the Digital Wallet to ensure its correct allocation and to prevent misuse.

The User accepts that the Digital Wallet is a tool exclusively for internal use within the Platform and that Diagnostikare shall not be liable for any usage expectations that do not correspond to what is expressly provided in these Terms and Conditions. Diagnostikare may modify the conditions of use of the Digital Wallet at any time and will notify the User through the available channels. Continued use of the Platform implies acceptance of such modifications.


Beta Features and Trial Functionalities

The User acknowledges that the Software is a work in continuous development that adapts to new technologies, new devices, new programming tools, and aesthetic and design trends. Likewise, legislation governing information technology, health, intellectual property, personal-data protection and other areas may require modifications to the Software.

Consequently, Diagnostikare may make available within the Software certain features, content, products or services that have not yet been released for general use by Users and that are undergoing testing and evaluation. These features and products will be identified as beta, preview, early-access or evaluation (or similar terms).

Without prejudice to the remainder of these Terms and Conditions, the following provisions apply to any Beta Services:

(a) The User may accept or decline the use of any Beta Service; however, by using such features the User is deemed to have expressly accepted the terms set forth herein.

(b) The User understands that no support of any kind is provided for Beta Services and that they may be modified or withdrawn without prior notice.

(c) The User acknowledges that the stability and availability of Beta Services do not match those of the other Services provided through the Software.

(d) Beta Services are not subject to the same security and audit measures as the regular services provided through the Software.

(e) Diagnostikare assumes no liability arising from or related to any Beta Service; the User must therefore use it at their own risk and shall refrain from making critical or clinical decisions based solely on such Services.


Diagnostikare Intellectual Property

The “Diagnostikare” trademark, its related logos and designs are duly registered with the Mexican Institute of Industrial Property (IMPI). They may therefore not be used in connection with other goods, products or services, as the rights and their use belong exclusively to Diagnostikare. Diagnostikare’s trade secrets are likewise protected under Article 165 of the Mexican Federal Law for the Protection of Industrial Property and pursuant to its internal “Diagnostikare Trade-Secrets Protocol.”. All content on the Platform—including text, graphics, logos, icons, images, audio clips, custom graphics, original photographs, data, music, audio and video snippets, fonts, titles, button icons, logos, designs, software and any other material subject to industrial or intellectual-property rights—belongs to Diagnostikare or has been duly licensed to it, and is protected under applicable Mexican law and international treaties. All titles and intellectual-property rights in any material downloaded or otherwise received by a User from this site are reserved.

Diagnostikare grants each User a non-exclusive, non-transferable licence solely to access, use and display this site and its contents on one device for the User’s personal use.

The User shall not interrupt or attempt to interrupt the operation of the Platform. The Platform, its content and the Software may be used only as a means to receive Diagnostikare’s Services. Any other use—including reproduction, modification, distribution, transmission, display or performance of Platform content—is strictly prohibited.

It is strictly forbidden to copy, publish, transmit, retransmit, broadcast over the internet or similar means, modify, delete, enhance, distribute, download, store, reproduce, license, adapt, create derivative works from, or otherwise make any unauthorised communication or commercial use of the Platform’s content (or any portion thereof) on networked computers, broadcast media or other technologies now known or hereafter developed, without Diagnostikare’s prior written consent.

The User agrees not to reproduce, duplicate, copy, sell, resell, decompile, disassemble or exploit for commercial purposes all or any part of the Platform, its use or access, nor to harvest information from other Users. No User may upload, publish, reproduce or distribute via the Platform any content protected by copyright or other proprietary rights without the express permission of the rights-holder. Diagnostikare’s trademark and copyright notices may not be removed or altered in any way, and said marks may not be used in connection with third-party goods, products or services.

The Platform may contain links to websites owned or operated by independent third parties. These links are provided solely for the User’s convenience and reference. Diagnostikare does not control such sites and is therefore not responsible for their content. Diagnostikare disclaims all express or implied representations or warranties regarding the accuracy, relevance, timeliness, completeness or fitness for a particular purpose of information or resources not controlled by Diagnostikare that may be included on or linked from the Platform. The presence of such links shall not be interpreted as an endorsement, authorisation or sponsorship by Diagnostikare. Should any linked site contain material deemed inappropriate or offensive, Diagnostikare is not responsible for copyright compliance, legality or decency of such material; the User therefore releases Diagnostikare from any claims related thereto.


Privacy and Personal-Data Protection

Diagnostikare respects the privacy and personal-data protection of individuals interacting with its Platform and maintains a Privacy Notice.

To learn how your personal data are processed and protected, the User must consult the Privacy Notice available at: https://rappi-en.diagnostikare.com/privacidad

By providing personal data through the Platform, the User confirms having read and understood the Privacy Notice and consents to the processing of their personal data.

If the User provides data about third parties, they represent, under oath, that they hold the requisite consent or legal authority to do so, releasing Diagnostikare from any liability arising from such transfer or disclosure.

The Platform may use cookies or similar technologies to enhance User experience and for analytical or marketing purposes. For further information, see our Cookie Policy at: https://www.diagnostikare.com/politica-de-cookies/ 


Limitation of Diagnostikare’s Liability 

The User acknowledges that Diagnostikare assumes no obligation or liability other than those expressly set forth in these Terms and Conditions. The User shall indemnify Diagnostikare, its employees, officers, directors and agents against any damage, loss or detriment arising from the User’s breach of these Terms and Conditions (including, without limitation, court costs and attorneys’ fees), and shall hold such persons harmless from any proceeding, inquiry or action related thereto.

Use of the Platform is at the User’s own risk. Written or oral information or recommendations provided by Diagnostikare or its representatives do not constitute a warranty. The Software is provided “as is,” without warranty of any kind to the maximum extent permitted by law. Diagnostikare disclaims all express or implied warranties regarding the Software, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. To the fullest extent permitted by law, Diagnostikare shall not be liable for any special, indirect, incidental or consequential damages of any kind, whether under these Terms and Conditions, in tort (including negligence), strict liability or any other legal theory, arising out of or related to access to, use or inability to use the Platform, even if Diagnostikare has been advised of the possibility of such damages. In any event, Diagnostikare’s total liability to the User in connection with any claim related to the Platform shall be limited to the service agreement, if any, that Diagnostikare has executed with the party granting the User access to the Platform. Diagnostikare’s liability and warranty exclusions shall apply to the maximum extent permitted by law.

Diagnostikare does not warrant that use of the Software will be uninterrupted or error-free, nor is it liable for damage to the User’s equipment resulting from outdated operating systems, unlicensed software or damaged components. The User therefore waives any action before any court or authority arising from use of the Software on their devices.

Access to and use of the Platform from outside the territory of the United Mexican States is at the User’s own risk, even if enabled by a Client with international operations. Diagnostikare assumes no responsibility for use of the Platform in jurisdictions other than Mexico, nor does it warrant that the Software or Services comply with the technical, health or regulatory requirements of the country where the User is located. Any liability arising from such foreign use shall rest exclusively with the Client and/or User who authorised access from that location, releasing Diagnostikare from any present or future claims related thereto.


Changes to the Terms and Conditions

Diagnostikare may unilaterally modify or update these Terms and Conditions. Any amended or updated version will be published through the Platform. If the User does not accept such modifications or updates, they must cease using the Platform immediately. Continued use of the Platform constitutes the User’s acceptance of the revised Terms and Conditions.


Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the applicable laws in force in the United Mexican States. The Services provided by Diagnostikare to the User are subject, inter alia, to the Federal Consumer Protection Law, the General Health Law and its regulations. The User agrees that any dispute related to these Terms and Conditions shall be resolved before the authorities and courts located in Mexico City, expressly waiving any other jurisdiction that might correspond to them by reason of their present or future domicile or location.