Terms and Conditions of Contracting

Welcome to nexmin. These Terms and Conditions (the “Terms”) govern the commercial relationship and use of the nexmin software-as-a-service (SaaS) platform, offered by Humbert Torroella Navarro, sole trader, NIF 38847531W (the “Owner”).

By creating an account and subscribing to our services, you accept these Terms in full. If you disagree, you must not use the Platform.

1. Nature of the Service (B2B)

nexmin is an advanced technological tool for clinical assistance and practice management aimed at exclusively at professionals in mental health, coaching and wellbeing (the “User” or “Professional”).

By registering, you declare and warrant that you contract our services within your professional or business activity. The relationship between the parties is therefore strictly B2B (Business to Business), excluding consumer-protection legislation.

2. Account creation and requirements

• Accuracy: The User undertakes to provide real, accurate and up-to-date information during registration.
• Training: The User declares that they hold the qualifications, professional registration (where applicable) and legal permissions required in their jurisdiction to practise their profession.
• Security: Access credentials are personal and non-transferable. The User is solely responsible for keeping their password confidential and for any activity carried out under their account.

3. Subscriptions, payments and billing

• Plans: Access to nexmin requires subscribing to one of the current paid plans, whose features and prices (taxes excluded unless otherwise stated) are detailed on the website.
• Processing: Payments are processed securely through the Stripe. The Owner does not store your complete credit-card details.
• Automatic renewal: Subscriptions renew automatically at the end of each billing cycle (monthly or annual). You can cancel renewal at any time from your account settings (“Payments” or “My Plan”).
• Refund policy: Given the B2B nature of the service and intensive use of Artificial Intelligence resources, unused periods or mid-cycle cancellations are not refunded, except for a technical failure attributable to the Owner.

4. Limitation of clinical liability and use of AI

nexmin includes Artificial Intelligence (AI) tools to process audio, structure notes and suggest clinical analyses. The User expressly accepts that:

• nexmin is not a medical device: AI acts as an administrative and analytical assistant. Its outputs (transcripts, drafts and suggestions) may contain inaccuracies or algorithmic hallucinations (“hallucinations”).
• Mandatory supervision (The Trust Loop): The User must personally review, correct and validate any content generated by AI before saving it in the patient’s official record or making decisions based on it.
• Full exemption: The Owner disclaims all liability for incorrect diagnoses, therapeutic decisions, negligence or malpractice arising from use of the Platform. Clinical, ethical and legal responsibility towards the patient rests exclusively on the professional User.

5. Intellectual property and licence to use

The Owner (and/or its licensors) holds all intellectual, industrial and code rights in nexmin. By subscribing, the Owner grants the User a limited, non-exclusive, revocable and non-transferable licence to use the Platform exclusively to manage their own practice. The following are strictly prohibited:

• Copying, modifying, distributing or reverse engineering (reverse engineering) the software or AI algorithms.
• Reselling or sublicensing access to the Platform to third parties.

6. Data processing (Data Processing Agreement — DPA)

By entering your patients’ personal and health data into nexmin, you assume the legal role of Data Controller towards them. The Owner acts exclusively as your Data Processor.

• The Owner undertakes to process this data only according to your instructions (use of the app), apply high-level security measures (encryption in transit and at rest), and not use your patients’ data for its own purposes or to train public AI models.
• Technical and retention details are governed by our Privacy Policy and by the retention setting chosen by the User in the Platform.

7. Service availability (SLA)

The Owner will use its best efforts to ensure uninterrupted access to the Platform. However, nexmin is provided “as is” (as is). The Owner does not guarantee 100% availability and reserves the right to temporarily interrupt the service for maintenance, informing users in advance whenever possible.

8. Cancellation and account closure

• By the User: You can cancel your subscription at any time. You will retain access until the end of the invoiced period.
• By the Owner: We reserve the right to suspend or delete your account immediately if we detect a serious breach of these Terms (e.g. fraudulent use, repeated non-payment or infringement of copyright).

9. Jurisdiction and applicable law

These Terms are governed by Spanish law. Any dispute shall be submitted exclusively to the Courts of the city of Barcelona, expressly waiving any other jurisdiction.