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Omniscope España, S.L. (“Omniscope”, “We”) makes these terms and conditions of service (“Terms”) available to you.
By completing the contracting process through the website operated by Omniscope at www.omniscope.ai and its subdomains (the “Website”), and expressly accepting these Terms at the time indicated therein, the user (the “User”) enters into a legally binding agreement with Omniscope.
Acceptance of these Terms and payment, where applicable, are simultaneous and inseparable steps of the contracting process.
1.1. Service Provider. The digital platform and technological environment operated by Omniscope, including its subdomains and related digital interfaces (the “Platform”),and the services made available through it (the “Services”), are operated by:
Corporate name: OMNISCOPE ESPAÑA, S.L.
Spanish tax ID (NIF): B-06.828.636
Registered office: Parc Científic de Barcelona, Avenida Doctor Marañón, 8, 08028 Barcelona, Spain.
Contact email: privacy@omniscope.ai
OMNISCOPE ACTS EXCLUSIVELY AS A PROVIDER OF TECHNOLOGICAL AND SOFTWARE-BASED SERVICES. UNDER NO CIRCUMSTANCES DOES OMNISCOPE PROVIDE MEDICAL, HEALTHCARE, DIAGNOSTIC, THERAPEUTIC, CLINICAL, OR IN VITRO DIAGNOSTIC SERVICES,NOR DOES IT ACT AS A HEALTHCARE PROFESSIONAL OR HEALTHCARE PROVIDER.
For the purposes of these Terms, Omniscope España, S.L. is the sole contractual counterparty of the User, and no other entity shall be deemed to provide services or assume contractual obligations towards users under theseTerms.
1.2. Omniscope Group. Omniscope operates as part of an international group of companies (the “Omniscope Group”). Certain technological, technical, analytical, infrastructure, research or support activities related to the Platform or the Services may be performed by other entities within the Omniscope Group, acting exclusively under the instructions and responsibility of Omniscope España, S.L., and solely for internal operational purposes.
Such internal arrangements do not affect the identity of the contracting party nor the User’s rights under these Terms.
1.3. Contact channel for contractual matters. For contractual and customer service matters, you may contact Omniscope at the Contact email. For privacy-related matters, please refer to PrivacyPolicy, and the dedicated contact channels indicated therein, which forms an integral part of these Terms.
2.1. Purpose of the Terms. These Terms govern access to and use of the Platform and the provision of the Services by Omniscope.
2.2. Binding Agreement. These Terms constitute a legally binding agreement between Omniscope and any individual or legal entity that requests or contracts the Services.
2.3. Acceptance. Acceptance of these Terms takes place during the contracting process, through an explicit acceptance mechanism on the checkout page, and prior to any access to the Platform or the Services.
2.4. Pre-contractual information and Service package description. The information displayed during the contracting and checkout process, including the scope of the selected service package, pricing, applicable taxes and any relevant procedural steps, forms part of the legally required pre-contractual information.
3.1. Eligibility. By contracting or using the Services, the User represents and warrants that:
(a) you are of legal age and have full legal capacity to enter into a binding agreement under the laws applicable to you;
(b) where acting on behalf of a legal entity, you have the authority to bind such entity to these Terms;
(c) you are not prohibited or restricted under any applicable law or regulation from contracting the Services or using the Platform in the jurisdiction in which they reside or access the Services; and
(d) you will use the Platform and the Services in compliance with these Terms and all applicable laws and regulations;
(e) you acknowledge that the Services are not healthcare or medical services and that you will not use them for diagnostic, therapeutic or clinical decision-making purposes.
3.2. Territorial availability. The Services are available only in territories where Omniscope has an active network of authorized clinics or sample collection centers.
Omniscope does not guarantee availability of the Services in all geographic locations and reserves the right, at its discretion, to restrict, suspend or deny access to the Services based on regulatory, operational or logistical criteria, without incurring any liability.
3.3. User categories. Depending on the nature of the User and the purpose for which the Platform or the Services are used, these Terms apply to:
(a) individual users acting as consumers (“B2C Users”); and
(b) professional or business users (“B2B Users”).
Specific provisions applicable exclusively to B2C Users or B2B Users are identified as such throughout these Terms.
3.4. Incorporated documents. These Terms apply together with and incorporated by referenceOmniscope’s (a) Privacy Policy, (b) Cookie Policy and, (c) Website Terms, which form an integral part of the contractual framework governing the use of the Platform and the Services.
In addition, certain services, functionalities or service packages maybe subject to specific terms, notices or conditions supplement or, where applicable, prevail over these Terms. Such specific terms will be made available to the User prior to contracting.
3.5. Order of precedence. If there is any inconsistency between these Terms and any specific service description, order form, checkout confirmation or subscription plan terms, the following order applies: (a) mandatory consumer and data protection laws; (b) the specific service/plan terms accepted at checkout; (c) these Terms; (d) the Website Terms.
4.1. Nature of the Services. Omniscope provides access to a software-as-a-service (SaaS) platform that enables the technical processing, modelling, and visualization of digital data uploaded or generated by third parties, including data generated by independent clinics or laboratories.
The Services provided by Omniscope consist exclusively of the following technological activities:
(a) Hosting and operating a digital analytics platform;
(b) Technical processing, transformation and structuringof digital data;
(c) Generation of algorithmic outputs, data representations and visualizations; and
(d) Technical delivery of such outputs through thePlatform interface
For the avoidance of doubt:
(a) Omniscope does not collect, handle, store, transport or analyze biological samples.
(b) Omniscope does not perform laboratory, clinical, diagnostic or medical analyses.
(c) Any biological or clinical analysis of samples, and any medical interpretation of data or Results, is performed exclusively by independent clinics or healthcare professionals acting under their own responsibility.
The exact scope, features, functionalities and duration of the Services depend exclusively on the specific service package, configuration and/or subscription model selected by the User at the time of contracting.
4.2. Modular service structure and service packages. Omniscope offers its Services through different service packages and configurations, which may vary in scope, duration, level of detail, functionalities and pricing. Service packages may include, depending on what is expressly contracted:
(a) one-off services or recurring subscription-based access;
(b) different levels of analytical depth and platform
(c) optional add-ons or extensions, subject to additional fees.
The content of each service package is described during the contracting process and forms part of the pre contractual information provided to the User. No service package includes medical consultation, diagnosis, treatment, clinical validation or healthcare decision-making of any kind.
4.3. No medical or clinical role. The Services are technological and informational in nature only. They do not constitute, and shall not be construed as, medical advice, healthcare services, clinical analyses, diagnostic services, therapeutic activities or in vitro diagnostic services.
The Results are data-driven, probabilistic, exploratory analytical outputs, generated for scientific, technological and modelling purposes only. TheServices and the Results are not intended to be used for the prevention, diagnosis, monitoring, prediction, prognosis, treatment or alleviation of disease or medical conditions.
ANY MEDICAL OR CLINICAL INTERPRETATION OF RESULTS IS PERFORMED EXCLUSIVELY BY QUALIFIED PROFESSIONALS ACTING INDEPENDENTLY AND OUTSIDE THE SCOPE OF OMNISCOPE’S SERVICES.
4.4. No emergency use. The Services are not designed for emergency use. In case of a medical emergency, the User must contact emergency services or a qualified healthcare professional.
4.5. Clinics, professional interpretation and role of Omniscope. Omniscope does not collect biological samples directly. Sample collection and, where applicable, professional interpretation are performed by independent third-party clinics or healthcare professionals, acting under their own responsibility and outside the scope of Omniscope’s Services. Omniscope acts exclusively as:
(a) a technology provider, responsible for the development, operation and maintenance of thePlatform and its analytical infrastructure; and
(b) a provider of a digital interface that may display information relating to independent clinics or sample collection centers, without intervening in the provision of healthcare or clinical services.
Omniscope does not recommend, select, assign, supervise or control any clinic, laboratory, sample collection center or healthcare professional, nor does it verify or validate their professional qualifications, licenses or services.
Nothing in these Terms shall be construed as creating any agency, subcontracting, partnership, joint venture or employment relationship between Omniscope and any clinic or third party.
5.1. Sample collection by independent parties. Any collection, handling, storage, transportation and biological or laboratory analysis of samples is performed exclusively by independent clinics or laboratories, acting under their own professional, legal and regulatory responsibility.
Such clinics or laboratories act as independent healthcare providers and are solely responsible for:
(a) determining whether a sample should be collected;
(b) selecting the type of sample and the analytical methodology applied;
(c) performing any biological, laboratory or clinical analysis of such sample; and
(d) complying with all applicable healthcare, laboratory and professional regulations.
Omniscope does not collect, access, handle, store, transport, preserve or analyze biological samples, nor does it determine or influence the clinical or laboratory protocols applied by such third parties.
5.2. Independent responsibility of clinics. Any clinic, laboratory or sample collection center involved in the provision of sample-related or clinical services operates independently and under its own professional, legal and regulatory responsibility.
Any relationship between the User and such clinic or laboratory is governed exclusively by the clinic’s or laboratory’s own terms and conditions, privacy notices, informed consent documentation and applicable healthcare regulations, which are separate from and independent of these Terms.
THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ACCESS TO ANY SAMPLE COLLECTION, LABORATORY OR CLINICAL SERVICES REQUIRES THE PRIOR ACCEPTANCE OF THE TERMS, CONDITIONS AND INFORMED CONSENTS OF THE RELEVANT CLINIC OR LABORATORY.
Failure to accept or comply with such third-party terms may prevent the provision of clinical or laboratory services and does not give rise to any right to a refund from Omniscope.
5.3. Omniscope’s role in theServices. Omniscope provides a software-based service that enables the technical processing, modelling and visualization of digital data uploaded to the Platform by independent clinics or laboratories. Such data may include digital data derived from biological samples, but Omniscope does not perform any biological, laboratory or clinical analysis and does not validate or interpret such data.
Omniscope does not advise on whether a sample should be collected, does not perform clinical or diagnostic activities, and does not provide medical advice or healthcare services.
5.4. No assumption of third-party obligations. Nothing in these Terms shall be construed as creating any obligation for Omniscope to replace, refund or compensate services provided by clinics or other third parties.
Omniscope does not assume, and expressly disclaims, any responsibility for the acts, omissions, services, analyses, interpretations, diagnoses or professional conduct of clinics, laboratories, sample collection centers or healthcare professionals. Any liability arising from clinical, laboratory or healthcare services rests solely with the relevant third-party provider.
5.5. Clinic terms and fees. Where clinics or laboratories provide sample collection, laboratory analysis or professional interpretation services, any claims, complaints or disputes relating to such services must be directed exclusively to the relevant clinic or laboratory, in accordance with its own terms and applicable law.
Fees charged by clinics or laboratories for clinical or laboratory services are determined exclusively by such third parties and are independent from the fees charged by Omniscope for access to the Platform and its technological Services.
Omniscope does not determine clinic pricing, does not act as the provider or merchant of record of clinical or laboratory services, and does not intervene in the clinical relationship between the User and any clinic or laboratory.
6.1. Mandatory attendance at an authorized clinic. The User acknowledges that the provision of the Services necessarily requires the collection of biological samples at an authorized clinic or sample collection center within Omniscope’s network.
SAMPLE COLLECTION, HANDLING, STORAGE, TRANSPORTATION AND, WHERE APPLICABLE, PROFESSIONAL INTERPRETATION ARE PERFORMED EXCLUSIVELY BY INDEPENDENT CLINICS OR SAMPLE COLLECTION CENTERS, ACTING UNDER THEIR OWN PROFESSIONAL, LEGAL AND REGULATORY RESPONSIBILITY.
Omniscope does not collect, handle, store, transport or preserve biological samples and does not control the conditions under which such activities are performed by third-party clinics.
Unless expressly stated otherwise at the time of contracting, the User must attend an authorized clinic and provide the required biological sample within six (6) months from the date of purchase.
Failure to comply with the clinic’s instructions, protocols or applicable requirements may affect the viability of the sample and the provision of the Services.
6.2. Failure to attend the clinic. If the User fails to provide the required biological sample within the applicable period for reasons attributable to the User, (a) Omniscope shall have no obligation to provide the Services; (b) the Services shall be deemed cancelled by the User; and (c) no refund shall be due; except where such failure is attributable to Omniscope or where mandatory consumer protection law provides otherwise.
6.3. Appointment booking and rescheduling. The booking, rescheduling or cancellation of appointments at clinics or sample collection centers is subject to the availability, policies and conditions of the relevant clinic, acting independently.
Omniscope does not guarantee appointment availability and shall not be responsible for delays, cancellations or rescheduling decisions adopted by the clinics or collection centers.
Any costs, penalties or consequences arising from missed appointments or late cancellations shall be governed exclusively by the clinic’s own policies and terms.
6.4. Questionnaires and information provided by the User. The User may be required to complete questionnaires or provide information necessary for the provision of the Services. The User undertakes to provide true, accurate, complete and up-to-date information and acknowledges that inaccurate, incomplete or misleading information may (a) affect the quality or reliability of the Results; (b) prevent Omniscope from providing the Services; or (c)require additional verification, clarification or technical processing steps.
The User acknowledges that questionnaires are self-reported and that Omniscope does not verify, validate or clinically assess the information provided.
6.5. Invalid or unusable samples. If a sample cannot be processed by Omniscope for the purpose of theServices due to its condition, quality, timing, or other circumstances that prevent its effective use within the technical scope of the Services, Omniscope shall not be obliged to provide the Services on the basis of such sample.
Such circumstances may include, without limitation, issues arising during collection, handling, storage or transportation performed by third-party clinics or logistics providers acting independently.
The collection of any additional sample, where applicable, is subject to the availability, policies and professional criteria of the relevant clinic or sample collection centre, acting independently.
Where a new valid sample is collected and made available, Omniscope may, subject to operational feasibility, continue providing the Services on the basis of such new sample, which may require additional time and may be subject to additional costs determined by the clinic.
If no valid sample is ultimately available, the Services may be considered cancelled, without entitlement to a refund, except where otherwise required by mandatory consumer protection law or where non-performance is attributable to Omniscope.
7.1. User account and access to the Platform. Access to the Platform and to the Results requires the creation or activation of a personal user account, which shall be enabled by Omniscope only after the Services have been validly contracted and paid for.
Each User is assigned a unique alphanumeric identification code. This code is generated and assigned by the clinic or authorized sample collection center at the time of sample collection, in accordance with its own internal procedures and applicable regulations.
Omniscope does not generate, assign or manage identifying information that allows it to directly identify the User as a natural person. The alphanumeric code enables the technical association of data within the Platform but does not, by itself, allow Omniscope to identify the individual to whom it relates.
Access credentials may be delivered through separate communications for security purposes. The User undertakes to keep their access credentials confidential and to use the Platform solely for their own personal access.
Access management, authentication and security measures are governed by Omniscope’s general platform security controls and applicable policies, without implying any identification of the User beyond the assigned alphanumeric code.
7.2. Nature of the Results. The Platform applies proprietary technological and analytical methodologies to data uploaded by independent clinics, including data derived from biological samples and information provided through questionnaires, in order to generate structured analytical outputs (the “Results”).
The Results are generated exclusively through automated, computational and algorithmic processing performed by the Platform. They consist of technological classifications, modelling outputs and data-driven representations.
THE RESULTS DO NOT CONSTITUTE MEDICAL RESULTS, CLINICAL FINDINGS,DIAGNOSES, PROGNOSES OR THERAPEUTIC RECOMMENDATIONS, NOR DO THEY REPLACE OR SUBSTITUTE THE JUDGMENT OF QUALIFIED HEALTHCARE PROFESSIONALS.
7.3. Availability of the Results. Once Omniscope has completed the processing of the relevant data, theResults shall be made available to the User through their account on the Platform.
The scope, level of detail, functionalities and duration of access to the Results depend on the specific Service package purchased and, where applicable, any subscription plan and/or additional payments. The applicable access conditions will be disclosed to the User during the contracting process.
Unless expressly stated otherwise in the Service package purchased, the Results shall remain accessible for a default period of thirty (30) days from the date on which they are first made available on the Platform.
Upon expiration of the applicable access period, Omniscope may suspend or terminate access to the Results without any obligation to retain, restore or continue providing access, subject to applicable data retention obligations under data protection law.
7.4. No guarantees regarding the Results. Without prejudice to any mandatory legal rights, Omniscope does not guarantee:
(a) The accuracy, completeness or error-free nature of the Results;
(b) That the Results will be suitable for any particular purpose; or
(c) that any specific outcome related to health, wellbeing, performance, aging, or longevity will be achieved.
The User expressly acknowledges that the Results are based on evolving scientific knowledge, reference datasets, analytical models and assumptions that may change over time.
7.5. User’s own risk. The User accesses and uses the Results at their own responsibility and remains solely responsible for any decisions, actions or omissions taken on the basis of the Results.
Omniscope shall not be responsible for any consequences arising from:
(a) the User’s interpretation or misuse of the Results;
(b) decisions adopted by healthcare professionals; or
(c) reliance on the Results outside their intended technological and informational context.
7.6. Downloading and sharing of Results. Where enabled through the Platform, the User may download, print or share the Results solely for their own personal or internal professional use, including sharing them with healthcare professionals of their choice.
Such use shall not imply any transfer of intellectual property rights and shall remain subject to the limitations set out in Section 10 of theseTerms.
The User shall not commercialize, redistribute or publicly disclose theResults without Omniscope’s prior written consent.
8.1. Price of the Services. The price applicable to the Services is displayed to the User during the contracting process through the Website and corresponds exclusively to theServices provided by Omniscope in accordance with these Terms and the selected service package.
Unless expressly stated otherwise, the price payable to Omniscope does not include any fees corresponding to services provided by third-party clinics or laboratories.
8.2. Price structure and allocation of payments. The User acknowledges and agrees that:
(a) any amounts payable to Omniscope are paid in consideration for theServices provided by Omniscope; and
(b) any amounts relating to sample collection, laboratory analysis and/or professional interpretation correspond exclusively to services provided by independent third-party clinics and are governed by the clinics’ own pricing and terms.
8.3. Payment timing. Payment of the price corresponding to the Services provided by Omniscope is required at the time of contracting through the Website. Upon confirmation of such payment, the User is granted access to the Platform in accordance with these Terms.
8.4. Taxes and VAT. All prices displayed on the Website are exclusive of Value Added Tax (“VAT”) and any other applicable indirect taxes, unless expressly stated otherwise.
VAT AND ANY APPLICABLE TAXES SHALL BE CALCULATED AND ADDED AT CHECKOUT IN ACCORDANCE WITH APPLICABLE TAX LEGISLATION BASED ON THE USER’S LOCATION AND TAX STATUS.
8.5. Right of withdrawal for B2C Users. In accordance with applicable consumer protection regulations, the User is informed that, as a general rule, they have the right to withdraw from the contract within fourteen (14) calendar days from the date of contracting, without providing any reason.
However, the User expressly acknowledges and agrees that, pursuant to Article 103 of Royal Legislative Decree 1/2007, the right of withdrawal shall not apply once (a) the provision of the digital content or digital service has begun; (b) the User has expressly consented to such commencement; and (c) the User has acknowledged that they thereby lose their right of withdrawal.
By contracting theServices, the User expressly requests the immediate commencement of the digital services associated with the Platform and expressly acknowledges that, once the processing of biological data has begun, the right of withdrawal shall be lost in accordance with Article 103 of Royal Legislative Decree 1/2007.
8.6. No refunds. No refunds shall be made once the Services have effectively commenced, except in cases of lack of conformity, non-performance attributable to Omniscope, or where otherwise required by mandatory consumer protection law.
8.7. Failure to attend the clinic. Failure by the User to attend the clinic or to provide the required biological sample within the applicable time limits shall not entitle the User to any refund.
9.1. Applicable data protection framework. The processing of personal data carried out in connection with the Website, the Platform and the Services shall be governed byOmniscope’sPrivacy Policy, which forms an integral part of these Terms and is permanently available on the Website and the Platform.
Such processing shall be carried out in accordance with Regulation (EU)2016/679 (General Data Protection Regulation – “GDPR”), Spanish OrganicLaw 3/2018 (“LOPDGDD”) and any other applicable data protection legislation.
This Section 9 summarizes key data protection aspects for contractual transparency. The Privacy Policy contains the full information required under applicable data protection laws.
9.2. Roles of the parties and datasources. Omniscope acts as data controller for the personal data processed for account creation, Platform access management, customer support, billing, security and compliance purposes, as described in the Privacy Policy.
Data derived from biological samples is transferred to Omniscope by the relevant clinic or laboratory in pseudonymized form, in accordance with applicable data protection laws and contractual safeguards.
Clinics and laboratories operate independently and remain independent data controllers in respect of their own processing activities carried out under their professional and legal obligations.
9.3. B2B processing arrangements. Where a B2B User acts as data controller and Omniscope processes personal data on its behalf (for example, where the B2B User uploads or provides personal data relating to its own users/patients), the parties shall enter into a data processing agreement compliant with Article 28 GDPR (“DPA [LC - EP1] ”), which may be incorporated by reference or executed separately.
9.4. Categories of data processed. Depending on the stage of the workflow and the nature of the Services, Omniscope may process the following categories of data:
(a) identification and contact data;
(b) account and usage data;
(c) questionnaire and self-reported information;
(d) data derived from biological samples, typically in pseudonymized form; and
(e) analytical outputs and Results generated through the Services.
OMNISCOPE DOES NOT COLLECT BIOLOGICAL SAMPLES DIRECTLY AND DOES NOT PROCESS IDENTIFIABLE BIOLOGICAL SAMPLES.
9.5. Purpose of processing. Personal data is processed strictly for the following purposes:
(a) creating and managing theUser account and enabling access to the Platform;
(b) providing the contractedServices, including processing of the relevant data and generating the Results;
(c) ensuring the security, integrity and proper functioning of the Platform and the Services (including fraud prevention and abuse detection);
(d) customer support and communications related to the Services; and
(e) compliance with legal and regulatory obligations and the management of disputes.
9.6. Legal bases for processing. Omniscope processes personal data on the following legal bases, as applicable and further detailed in the Privacy Policy:
(a) performance of a contract (Article 6(1)(b) GDPR) for account management and provision of the Services;
(b) compliance with legal obligations (Article 6(1)(c) GDPR);
(c) legitimate interests (Article 6(1)(f) GDPR) for security, fraud prevention, service integrity and improvement, subject to appropriate safeguards and the User’s rights; and
(d) explicit consent (Article6(1)(a) and Article 9(2)(a) GDPR) where processing involves special category data (including health and/or genetic data) and such processing is strictly necessary for the provision of the Services, as expressly requested by the User.
9.7. Health and special category data. To the extent that the data processed qualifies as health data or other special category data under Article 9 GDPR, such data shall be processed only to the extent necessary for the purposes of (a) providing theServices; (b) enabling access to the Platform and the Results; and (c) ensuring the security, integrity and proper functioning of the Services.
Such processing shall be based on the User’s explicit consent, obtained prior to the commencement of the Services. The User acknowledges that the withdrawal of such consent may render it impossible for Omniscope to continue providing the Services. Withdrawal of consent shall not affect the lawfulness of processing carried out prior to withdrawal.
Withdrawal of consent for special category data processing may make it impossible for Omniscope to provide the Services.
9.8.Use of anonymized and aggregated data. Subject to applicable law and the Privacy Policy, Omniscope the Results and any data derived from the provision of the Services that have been irreversibly anonymized, where technically and legally feasible, or otherwise aggregated and/or pseudonymized data derived from the provision of the Services for legitimate purposes, including:
(a) improving and optimizing the Platform and the Services;
(b) developing and training analytical models and algorithms;
(c) research and development activities;
(d) the improvement, optimization and quality assurance of the Platform and the Services, and
(e) scientific, technical or statistical analysis or publications.
For the avoidance of doubt, data that has been irreversibly anonymized does not allow the User to be identified, directly or indirectly, and therefore does not constitute personal data under applicable data protection laws.
Such use of anonymized or aggregated data forms an integral and essential part of Omniscope’s business model and does not require the User’s consent.
9.9. Optional use of non-anonymized data for research and development. Only where data or Results have not been irreversibly anonymized and continue to qualify as personal data under applicable data protection laws, Omniscope may use such data for research, development, validation or model training purposes beyond what is strictly necessary to provide the contracted Services, subject to the User’s explicit and separate opt-in consent, or another valid legal basis where permitted bylaw, as described in the Privacy Policy.
The refusal or withdrawal of such consent shall not affect the User’s access to or use of the core Services, nor the processing of data strictly necessary for their provision. Where such consent is withdrawn, Omniscope shall cease the relevant processing without affecting any prior lawful processing carried out before the withdrawal.
9.10. International data transfers. If personal data is transferred outside theEuropean Economic Area, Omniscope will ensure that such transfers are subject to appropriate safeguards in accordance with Chapter V GDPR, including, where applicable, the European Commission’s Standard Contractual Clauses and supplementary measures.
9.11. Data retention and deletion. Personal data shall be retained only for as long as necessary for the purposes for which it was collected, including the provision of the Services, compliance with legal obligations and the resolution of disputes, as further detailed in the Privacy Policy.
Upon expiration of the access period to the Results or termination of the contractual relationship, Omniscope may:
(a) delete personal data;
(b) retain data where required by law; and/or
(c) retain anonymized data for legitimate purposes, including research and development.
9.12. Data security. Omniscope implements appropriate technical and organizational measures to ensure a level of security appropriate to the risks presented by the processing, including measures aimed at protecting confidentiality, integrity and availability of the data, as further described in the Privacy Policy.
9.13. User rights. The User may exercise their rights of access, rectification, erasure, restriction, portability and objection in accordance with applicable data protection law, as described in the Privacy Policy.
Omniscope may request additional information to verify the identity of the requesting party where necessary to protect the User and prevent unauthorized access.
10.1. Ownership of the Platform and underlying technology. The Platform, software, algorithms, models, methodologies and contents are owned exclusively by Omniscope or its licensors.
10.2. License granted to the User. The User is granted only a personal, limited, non-exclusive and non-transferable right to use the Platform for the purpose of accessing the Services in accordance with these Terms of Service.
10.3. Ownership of the Results. The User retains ownership of their underlying personal data, without prejudice to Omniscope’s rights over the generated Results as a technological output.
Without prejudice to the User’s right to access and consult the Results during the applicable access period, all intellectual property rights in and to the Results, including any derived insights, models or methodologies, shall remain vested in Omniscope.
10.4. Restrictions. The User shall not
(a) Copy, reproduce, modify, adapt or create derivative works from the Platform or the Results;
(b) Reverse engineer, decompile or attempt to extract the underlying algorithms or models;
(c) Use automated tools, scraping or data extraction techniques; or
(d) Remove, alter or obscure any proprietary notices.
10.5. Feedback. Any feedback, suggestions or comments provided by theUser in relation to the Platform or the Services may be used by Omniscope freely and without restriction, without any obligation to compensate the User.
11.1. No liability for medical or clinical matters. Omniscope shall not be liable for acts or omissions of healthcare professionals, decisions adopted by the User, incorrect interpretations of theResults, or failures attributable to third parties.
11.2.Third-party services. Omniscope shall not be liable for any delay, interruption, error or failure attributable to third parties, including clinics, laboratories, logistics providers or payment service providers, acting independently.
11.3. Technical availability. While Omniscope uses reasonable efforts to ensure the availability and security of thePlatform, it does not guarantee uninterrupted or error-free operation.
Omniscope shall not be liable for temporary unavailability of the Platform due to maintenance, updates, technical incidents, force majeure or events beyond its reasonable control.
11.4. Exclusion of indirect damages. To the maximum extent permitted by law, Omniscope shall not be liable for any indirect, consequential, incidental or non-material damages, including loss of profit, loss of opportunity, reputational damage or loss of data, even if Omniscope has been advised of the possibility of such damages.
11.5. Liability cap. To the extent permitted bylaw, Omniscope’s total aggregate liability arising out of or in connection with the Services shall be limited to the total amount actually paid by the User to Omniscope for the relevant Services. This limitation shall not apply in cases of willful misconduct, gross negligence, personal injury, death, or any liability that cannot be excluded or limited under applicable law.
11.6. Mandatory consumer rights. Nothing in theseTerms shall affect the mandatory statutory rights of B2C Users under applicable consumer protection legislation, including rights that cannot be excluded or limited by contract.
12.1. Start of contractual relationship. The contractual relationship between Omniscope and the User, shall begin on the date on which the User completes the contracting process through the Website and successfully completes the first payment for the Services.
From that moment, the User account may be created and activated in accordance with these Terms;
12.2. Temporary suspension of access. Omniscope may temporarily limit or suspend access to the Platform for technical reasons, security reasons, maintenance, legal or regulatory compliance, or misuse by theUser.
Where reasonably possible, Omniscope will inform theUser in advance of any planned suspension. Temporary suspension shall not give rise to any right to compensation.
12.3. Suspension or termination for breach. Omniscope may suspend or terminate access to the Platform and the Services, with immediate effect, where the User:
(a) Breaches these Terms;
(b) Uses the Platform or the Services in an unlawful, fraudulent or abusive manner;
(c) Provides false, misleading or materially incomplete information; or
(d) Interferes with the security or proper functioning of the Platform or the Website.
In such cases, the User shall not be entitled to any refund, except where required by mandatory law.
12.4. Termination by the User. The User may stop using the Platform at any time. However, termination by the User after theServices have started shall not entitle the User to any refund, nor shall it interrupt or reverse the Services already initiated.
12.5. End and termination of the Services. TheServices shall be deemed fully performed, and the contractual relationship between Omniscope and the User shall automatically terminate, once the access period to the Results has expired.
12.6. Effects of termination. Termination or completion of the Services shall not affect any provisions which by their nature are intended to survive, including, without limitation (a) intellectual property rights; (b) liability limitations; (c) data protection and retention obligations; and (d) dispute resolution provisions.
12.7. Modifications to the Terms or the Services. Omniscope reserves the right to modify, update, replace or discontinue all or part of the Platform, the Services and/or these Terms and Conditions when required for technical, operational, legal, security or service improvement reasons.
Where changes materially affect the User’s rights or obligations, Omniscope will make reasonable efforts to inform the User in advance through the Platform and/or by electronic means and will update the “Last updated” date.
Continued use of the Platform after the effective date of the changes shall imply acceptance of the updated Terms. If the User does not agree, they must cease using the Platform and refrain from contracting theServices.
13.1. Governing law. These Terms of Service are governed by and shall be interpreted in accordance with the laws of Spain.
13.2. Severability. Should any provision of these Terms of Service be declared illegal, invalid or unenforceable, in whole or in part, such provision shall be deemed excluded and replaced by another provision that most closely reflects its original intent, without affecting the User and without giving rise to any compensation. The remaining provisions shall remain in full force and effect.
13.3. Mandatory pre-litigation negotiation(procedural requirement). In order to comply with the mandatory procedural requirement established in Article 5 of Organic Law 1/2025, of 2 January, on measures to improve the efficiency of the Public Justice Service, where applicable, the parties agree that the appropriate means for the resolution of disputes shall be direct negotiation between the parties, prior to initiating any judicial proceedings.
To this end, the User must send Omniscope a written invitation to negotiate by email, with proof of delivery and receipt, to the following address: privacy@omniscope.ai
13.4. Consumers and alternative dispute resolution. Where the User qualifies as a consumer or end user under applicableSpanish consumer protection legislation, the procedural requirement shall also be deemed fulfilled if:
(a) the User submits a prior extrajudicial complaint to Omniscope and Omniscope does not respond within the legally applicable period, or the response provided is not satisfactory; or
(b) the User resorts to any of the alternative dispute resolution mechanisms in consumer matters provided for in Law 7/2017, of 2 November, implementing Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes, or any sector-specific regulations adopted pursuant thereto.
For these purposes, the Ministry of Social Rights, Consumer Affairs and Agenda 2030 publishes the list of consumer ADR entities notified to theEuropean Commission by the competent Spanish authorities.
13.5. No obligation to use alternative dispute resolution (“ADR”) entities. For the avoidance of doubt, Omniscope does not commit to, nor is it obliged to, participate in an alternative dispute resolution procedure before a consumer ADR entity, except where such participation is mandatory under applicable law.
13.6. Jurisdiction. Any dispute arising out of or in connection with the interpretation, validity, performance or termination of these Terms of Service shall be submitted to the competent Courts and Tribunals of the city ofBarcelona, Spain, where the User is not a consumer; or the courts corresponding to the User’s domicile, where the User qualifies as a consumer or end user, in accordance with mandatory consumer protection legislation.
Nothing in this clause shall prevent Omniscope from seeking injunctive or equitable relief in any competent jurisdiction for the protection of its intellectual property or confidential information.
