By accessing, browsing, or using the VidaMente platform (hereinafter "the Platform"), you acknowledge having read, understood, and accepted these Terms and Conditions, as well as our Privacy Policy. If you do not agree with any of these terms, you must not use the Platform.
VidaMente SpA organizes and manages a network of online ambulatory health services through licensed health professionals. Use of the Platform implies full and unconditional acceptance of all the provisions included in this document.
2. Definitions
For the purposes of these Terms and Conditions, the following shall be understood:
a) Platform: VidaMente technological system composed of website, application, scheduling, payments, clinical portal, and videoconferencing tools intended to manage online ambulatory health services.
b) Patient or User: A natural person who uses the Platform to schedule and receive remote health care.
c) Professional: An individual health provider duly registered with the Superintendency of Health (SIS), incorporated into the VidaMente network to provide remote clinical care.
d) Telemedicine: Provision of health services at a distance through information and communication technologies, in accordance with Law 20.584 and the regulations of the Chilean Ministry of Health.
e) Informed Consent: The patient's voluntary and informed acceptance to receive health care via telemedicine, recorded electronically prior to each consultation.
f) Folio: A unique alphanumeric code (VM-XXXX) assigned to each appointment, which allows the patient to access their portal and manage their care.
g) SIS: National Registry of Individual Providers of the Superintendency of Health of Chile.
3. Nature of the Service and Express Statement
3.1. VidaMente SpA acts as a digital health network that coordinates, administers, and manages online ambulatory health services provided by licensed professionals. The Platform must not be understood as a mere technology intermediation or commission service separate from the health act.
3.2. Each Professional offering services on VidaMente is registered with the Superintendency de Salud of Chile (SIS), information available in their public profile within the Platform. We recommend verifying the professional's registration on the official Superintendency website (www.supersalud.gob.cl).
3.3. VidaMente provides the operational, technological, administrative, and documentary environment of the care. Clinical decisions, diagnoses, indications, treatments, and prescriptions correspond exclusively to the treating Professional, in accordance with their technical autonomy and the applicable lex artis.
3.4. Telemedicine care is not appropriate for all medical conditions. It must not be used in cases of vital emergencies, severe symptoms, or situations requiring immediate in-person evaluation.
4. Emergencies and Vital Urgencies
CARE PROVIDED THROUGH VIDAMENTE DOES NOT CONSTITUTE EMERGENCY OR URGENT CARE.
If you experience any of the following symptoms, stop using the Platform and immediately contact the emergency service:
• Oppressive chest pain or severe shortness of breath
• Loss of consciousness or fainting
• Profuse or uncontrolled bleeding
• Active suicidal or self-harm ideation
• Seizures
• Stroke symptoms (facial paralysis, difficulty speaking, weakness on one side of the body)
• Any other condition you consider potentially life-threatening
Chile emergency numbers: 131 (SAMU) — 133 (Carabineros) — 139 (Bomberos)
VidaMente is not responsible for delays in seeking in-person care derived from the use of the Platform in emergency situations.
5. Informed Consent for Telemedicine
By scheduling and confirming an appointment through the Platform, the Patient declares to have been informed and expressly accepts the following:
5.1. Nature of care: Understands that the care corresponds to an online ambulatory health service managed by VidaMente and provided at a distance by a licensed Professional, through encrypted video call, without physical contact.
5.2. Limitations: Acknowledges that telemedicine has limitations compared to in-person care, including the impossibility of a complete physical examination, and that the Professional may determine the need for referral to in-person care if deemed appropriate.
5.3. Privacy: The video call is conducted through Jitsi Meet, whose audio and video transmission travels encrypted between each participant and the server. The Patient is responsible for ensuring a private, uninterrupted environment during the consultation.
5.4. Recording: Video calls are not recorded by the Platform. Unilateral recording of the consultation without the consent of both parties is prohibited.
5.5. Documentation: The Professional will issue an electronic clinical record and, where applicable, an electronic medical prescription with digital signature, accessible from the patient portal.
5.6. Revocation: The Patient may revoke their consent at any time before the start of the consultation, which will imply cancellation of the appointment according to the established cancellation policy.
6. Registration, Account, and Security
6.1. To access the patient portal, a valid appointment folio is required and identity must be verified via an OTP code sent to the registered email.
6.2. The Patient declares, under their responsibility, that the data provided during the scheduling process are truthful, complete, and up to date, especially name, RUT, email, and contact number.
6.3. The registered email will be the primary means of communication for sending OTPs, confirmations, payment receipts, and reminders. The Patient is responsible for maintaining access to their mailbox.
6.4. The appointment folio is personal and non-transferable. The Patient must not share their folio or OTP code with third parties. VidaMente is not responsible for unauthorized access derived from the disclosure of these credentials.
6.5. For professionals and assistants, access requires individual credentials (email and password) with specific roles and permissions.
7. Professionals and Standards
7.1. All Professionals offering services on VidaMente must accredit their current registration with the Superintendency of Health (SIS), verified during the onboarding process.
7.2. Each Professional is responsible for keeping their contact information, SIS registration, bank details, and fees up to date.
7.3. The Professional undertakes to:
a) Act with diligence, professional ethics, and in accordance with the lex artis of their specialty.
b) Maintain the confidentiality of Patient information in accordance with Law 19.628 and professional secrecy.
c) Issue clinical documentation (record, prescription, certificates) in accordance with applicable regulations.
d) Not discriminate against Patients for any reason.
e) Inform the Patient if remote care is insufficient and in-person evaluation is required.
7.4. Unless otherwise agreed in writing, incorporation into the VidaMente network does not constitute an employment relationship. Each Professional maintains technical autonomy in the clinical act and assumes the civil, criminal, administrative, and ethical liability derived from their professional performance.
8. Appointments, Payments, and Refunds
8.1. Scheduling: Appointments are scheduled subject to the time availability defined for the VidaMente network and its Professionals. The system guarantees slot exclusivity through database locking and conflict validation.
8.2. Email verification: Every appointment requires email verification before proceeding to payment. The verification link expires in 24 hours.
8.3. Payment methods:
a) Credit/debit card: Processed through Mercado Pago as the payment processor. The Patient is redirected to the Mercado Pago portal to complete the transaction.
b) Bank transfer: The Patient receives the informed bank details for the service and must upload the transfer receipt for manual verification.
8.4. Cancellation and refund policy:
a) Cancellation more than 24 hours before the appointment time: Full refund of the amount paid.
b) Cancellation within the 24 hours prior to the appointment: No refund applies; the amount remains as a no-show charge. Exceptions for force majeure will be evaluated case by case.
c) Cancellation by the Professional: Automatic full refund and possibility to reschedule at no cost.
d) Refunds are processed within 10 business days through the same payment method used.
8.5. Tax documentation: The charge to the Patient corresponds to an online ambulatory health service. VidaMente or the Professional, according to the current tax configuration of the service, will issue the corresponding tax document. While direct SII integration is being implemented, the Patient will receive an internal receipt and/or a document issued by the responsible Professional, as applicable.
8.6. Service description: For operational purposes, the service must be described as teleconsultation, online clinical care, ambulatory health service, or equivalent expression. The main charge must not be described as intermediation commission or platform use when the Patient is paying for a health service.
9. Personal and Health Data Protection
9.1. VidaMente collects and processes Patient personal and health data in accordance with Law 19.628 on the Protection of Private Life and Law 20.584 regulating the rights and duties of persons in relation to health actions.
9.2. Data collected: Name, RUT, email, phone, date of birth, reason for consultation, health history, allergies, medications, and clinical history generated during care.
9.3. Purpose of processing: Data are used exclusively for:
a) Appointment management and associated communications.
b) Provision of remote health services.
c) Compliance with legal and regulatory obligations.
d) Continuous improvement of the Platform.
9.4. Security: Sensitive data (RUT, phone, reason for consultation) are stored encrypted with AES-256-GCM. Communications with the Platform use TLS 1.3. Clinical notes are stored encrypted with additional protection.
9.5. Retention period: Data are retained while the contractual relationship lasts and for the legally required period for medical-liability purposes (Law 20.584).
9.6. Data subject rights: The Patient may request access, rectification, cancellation, or objection to the processing of their data by contacting vidamente4@gmail.com. For data deletion, the Platform provides a deletion-request procedure (GDPR-style) accessible from the patient portal.
9.7. Data transfer: VidaMente does not transfer personal data to third parties, except for an express legal obligation or authorization from the data subject. Payment data are processed directly by Mercado Pago under its own privacy policy.
10. Confidentiality and Professional Secrecy
10.1. Professionals are subject to professional secrecy under the Sanitary Code (DFL 725/1967) and Law 20.584.
10.2. All information exchanged between Patient and Professional through the Platform, including messages, clinical documentation, and exam results, is strictly confidential.
10.3. VidaMente implements the following security measures:
a) Encryption in transit of video calls (Jitsi Meet).
b) AES-256-GCM encryption for messages and stored sensitive data.
c) HMAC-SHA256 digital signature for clinical notes.
d) OTP authentication for patient access.
e) Audit log of all relevant actions.
10.4. Exceptions to confidentiality: When there is a legal obligation to disclose information (court order, notification of notifiable diseases, suspicion of crimes) or when there is a serious and imminent risk to the life or physical integrity of the Patient or third parties.
11. Intellectual Property
11.1. All intellectual property rights over the Platform, including source code, design, logos, trade names, and original content, belong to VidaMente or its licensors.
11.2. The Patient and the Professional grant VidaMente a non-exclusive license to store, process, and display the information necessary for the provision of the service.
11.3. Reproduction, distribution, modification, or commercial exploitation of any element of the Platform without the express written authorization of VidaMente is prohibited.
12. Limitation of Liability
12.1. VidaMente acts as a digital network and administrative operator of online ambulatory health services. Without prejudice to the obligations corresponding to it as the Platform operator, VidaMente shall not be liable for:
a) Acts or omissions of the Professionals in the exercise of their profession.
b) Clinical decisions adopted during or after consultations.
c) Technical failures of connection, equipment, or the User's software.
d) Misuse of the Platform by the User.
e) Content of third-party websites linked from the Platform.
12.2. VidaMente's liability is limited to the value of the scheduled consultation and does not include indirect, consequential damages, loss of opportunity, or moral damages.
12.3. The Professional assumes all liability derived from their professional performance, including diagnosis, treatment, prescriptions, and clinical documentation.
13. User Conduct
13.1. The Patient undertakes to:
a) Provide truthful information about their health history.
b) Attend scheduled appointments punctually.
c) Not use offensive, discriminatory, or violent language.
d) Not share their folio, OTP, or portal access with third parties.
e) Not make unauthorized recordings of consultations.
13.2. Failure to comply with these obligations may result in cancellation of the appointment without refund and suspension of access to the Platform. VidaMente reserves the right to deny service to any user who violates these terms.
14. Modifications
VidaMente reserves the right to modify these Terms and Conditions at any time. Modifications will be published on the Platform and will enter into force 15 days after their publication, unless the law requires a different period.
Continued use of the Platform after the entry into force of the modifications constitutes acceptance of the new terms. We recommend periodically reviewing this page to stay informed of any changes.
15. Validity and Termination
15.1. These Terms and Conditions govern while the User maintains an active account or there are scheduled appointments on the Platform.
15.2. VidaMente may suspend or terminate a User's access who violates these terms, without prejudice to the corresponding legal actions.
15.3. Termination does not affect rights and obligations acquired previously, especially regarding already-paid appointments and clinical documentation generated.
16. Communications and Notifications
16.1. VidaMente's official communications will be made through the email registered by the User or by publications on the Platform.
16.2. The Patient expressly consents to receiving electronic communications related to:
a) Appointment confirmation and reminders.
b) OTP verification codes.
c) Payment receipts and billing.
d) Changes to the Terms and Conditions or Privacy Policy.
e) Relevant operational information.
16.3. For queries or formal notifications, contact: vidamente4@gmail.com
17. Applicable Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Republic of Chile, especially:
• Law 19.628: Protection of Private Life.
• Law 20.584: Rights and Duties of Persons in Health.
• Law 20.120: Scientific Research on Human Beings (as applicable).
• Sanitary Code (DFL 725/1967).
• Supreme Decree regulating Telemedicine (MINSAL).
Any controversy arising from the interpretation or execution of these terms will be submitted to the jurisdiction of the ordinary courts of justice of Santiago, Chile, expressly waiving any other forum or jurisdiction that may correspond.
18. Contact
For queries, ARCO rights exercises, data deletion requests, or legal notifications, you can contact us through the following channels:
Email: vidamente4@gmail.com
Platform: Patient Portal (help section)
Office hours: Monday to Friday, 09:00 to 18:00 (Chile).