Please read the following Terms carefully.

 

If you disagree with the Terms, or do not want to be bound by them, do not use the Platform. If more specific terms regulate the use of any section of the Health4crew, those terms will apply together with these Terms. However, in the case of conflict, the more specific terms of the use of this section prevails.

 

If you register for a free trial for our Services, this Agreement will also govern that free trial.

 

Health4crew PC may revise these Terms from time to time. The changes will not be retroactive and the most current version of the Terms shall apply. Health4crew PC will notify you about any material revisions by posting an updated version to the Website. You are expected to visit the Website regularly and review any uploaded/ updated Terms. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms. If you have any questions about these Terms, please contact us at support@health4crew.com.

 

1.   DEFINITIONS

 

"Health4crew Psifiakes Efarmoges PC” is a private company, having its registered seat in Paiania Attica, Greece (Georgiou Papathanasiou Str., no. 13, PC 19002) with VAT no. 802259644 and registration number at G.E.MI. 173150907000, dedicated to providing pioneering medical services to improve the healthcare and well-being of seafarers while delivering cost savings to the maritime industry (“Health4crew PC” and/ or “we”).

 

“Health4crew”/ “Platform” means the hosted software solution, application, or platform developed by Health4crew PC, which is accessible through the Website, the App Store, and the Google Play store, and provides its users with maritime telemedicine and medical advisory services (“Services”).

 

“Premium Service” means the paid features and associated services of the Platform that are provided to Shipping Companies under a subscription Software-as-a-Service (SaaS) contract.

 

“User”   means any entity or person granted access to the Platform under this Agreement, including but not limited to:

• Shipping Company: a registered company that subscribes to the Platform, creates an account, and uploads medical data of its seafarers.

• Medical Professional: a licensed medical professional engaged by Health4crew PC to provide medical advice directly through the Platform.

 

(collectively referred to as “Users” and/ or “you”)

 

Note: A Seafarer is not a User of the Platform. Seafarers are individuals whose medical data is uploaded by the Shipping Company that have employed them and who may benefit from medical advice provided via the Platform under their the Shipping Company’s subscription.

 

“Authorised User” means a natural person authorized by the Shipping Company to act on its behalf in the course of the provision of the Services. In particular it shall mean those users:

(i)           who are designated by you as “staff”/ “personnel” on the Health4crew and who have been granted access to the Platform by you in your exercise of reasonable discretion relating to the receipt of the Services and who are:

• your employees; or

• other individuals who are not, and are not affiliated with, competitors of Health4crew PC, and have a valid business associate agreement with you;

(ii)          from whom you have obtained assurances that they will comply with the access and use, and confidentiality terms set forth in this Agreement.

 

“Personal data” means information about a natural person (or a legal person, where applicable data protection legislation covers such entity) from which that person can be identified.

 

“Data concerning Health” means Personal Data related to the physical or mental health of a natural person, including any data arising from or related to the provision of health care services under this Platform.

 

“EU SCCs” means the standard contractual clauses adopted by the European Commission in Commission Implementing Decision 2021/914 of 4 June 2021, for the transfer of personal data to third countries pursuant to the Regulation (EU) 2016/679 of the European Parliament and of the Council (as amended from time to time), which are deemed concluded and incorporated into this Agreement by reference, as completed or modified in accordance with the terms of this Agreement.

 

2. SERVICE ACCESS, ACCOUNT CREATION, SECURE CREDENTIALS
 

2.1 Warranty

If you are entering this Agreement on behalf of a Shipping Company or other legal entity, you represent and warrant that you have full authority to bind such entity to these Terms. By creating an account, you confirm that you act as its duly authorized representative.

 

2.2 Due Authority

You represent and warrant to Health4crew PC, on a continuing basis, that:

• you and your entity have the legal power and authority to enter into and comply with this Agreement;

• the person registering the Shipping Company’s account has actual authority to bind that entity;

• your execution of this Agreement does not violate any applicable law, corporate document, or binding agreement;

• you, as a Medical Professional, have not been excluded from, or prohibited by law from, participating in health-related services;

• you have obtained all necessary consents, authorizations, and lawful bases to upload and process Seafarer medical data on the Platform.

 

2.3 Account Information

Shipping Companies must provide accurate, current, and complete registration information. You are solely responsible for ensuring the accuracy and lawfulness of all Seafarer medical data uploaded to the Platform. Health4crew accepts no responsibility for any inaccurate, incomplete, or unlawfully obtained data provided by you or your Authorized Users.

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2.4  Verification

Health4crew may verify your identity, authority, or use of the Platform at any time. If you fail verification, Health4crew may suspend or terminate access without liability.

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2.5  Security of Credentials

Your account is personal to your Shipping Company and its Authorized Users. You must ensure credentials are kept secure and not shared with unauthorized parties. You remain fully responsible for all activities carried out under your account, whether authorized or not.

 

2.6  Notification of Breach

You must notify Health4crew immediately if you suspect unauthorized access or compromise of credentials. Until such notice is received, you are fully liable for all activities under your account.

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2.7  Trial Period

If granted a trial, access is limited in duration (as specified by Health4crew). Continued access requires a paid subscription. You remain responsible for all data uploaded during the trial and for ensuring lawful transfer or deletion of such data upon trial expiry.

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2.8 Use of Services

You agree to access the Platform only:

• through your Authorized Users;

• on Health4crew’s servers as authorized;

• for internal business use; and

• solely for the lawful purpose of providing medical support to Seafarers.

You must ensure that each Authorized User complies with these Terms. You are jointly and severally liable for all acts and omissions of your Authorized Users.

 

3. Communications

By registering to Health4crew, you may be receiving certain electronic communications from us as further described in our Privacy Notice. Please read our Privacy Notice to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications should have been in written form.

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4. Licenses

Permission to Use. Subject to your complete and ongoing compliance with these Terms, we grant you limited, non-transferable, non-sublicensable, revocable permission to access and use Health4crew for your business, internal use during the Term of this Agreement at the level of service for which you have paid all applicable Fees.

Restrictions - Prohibited Use: Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform Health4crew; (b) make modifications to Health4crew; or (c) interfere with or circumvent any feature of Health4crew, including any security or access control mechanism. If you are prohibited under applicable law from using Health4crew, you may not use it. You may not use Health4crew on behalf of any third party, or in a service bureau or similar capacity.

You shall not, and shall ensure that your Authorized Users do not:

• resell, sublicense, share, or otherwise provide Platform access to unauthorized third parties;

• reverse engineer, disassemble, or create derivative works of the Platform;

• interfere with the security, performance, or integrity of the Platform;

• upload unlawful, defamatory, offensive, or otherwise inappropriate content;

• upload Seafarer medical data without a lawful basis, proper authority, or necessary consents;

• use the Platform for any unlawful, fraudulent, or misleading purpose.

Violation of this Section 2 constitutes a material breach of the Agreement and may result in immediate suspension or termination of access, without prejudice to Health4crew’s right to seek damages.

Feedback: If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to Health4crew (“Feedback”), then you hereby grant Health4crew PC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Ownership, Proprietary Rights. Health4crew is owned by “Collaborate Healthcare PC” (Collaborate) and operated under license by Health4crew PC.

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Platform (“Materials”) are protected by intellectual property and other laws.

All rights, title, and interest in and to the Materials remain with Collaborate. Health4crew PC has been granted the rights necessary to operate, provide, and make the Platform available to Users under these Terms. Except as expressly authorized by Health4crew PC (within the scope of its operating rights) or Collaborate, you may not use, copy, reproduce, modify, distribute, publish, display, or exploit the Materials in any way. Collaborate and Health4crew reserve all rights to the Materials not expressly granted under this Agreement.

 

5. Third Party Software

Health4crew may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although Health4crew is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

 

6. Content on Health4crew Platform – Rights and Responsibilities

Certain features of the Health4crew Platform permit Users to upload data, including medical examination results, seafarer medical histories, employer records, or other health-related content (“Data Concerning Health”), as well as messages, photos, video, images, text, or other materials (“User Content”).

All User Content is the sole responsibility of the entity or person who originated such Content. In particular:

• Shipping Companies are solely responsible for the accuracy, lawfulness, and proper authorization of any Seafarer data uploaded to the Platform.

• Health4crew accepts no responsibility for data uploaded without a valid legal basis or without the necessary authorizations and consents.

You represent and warrant that you have obtained all rights, licenses, consents, and permissions necessary to upload Content and to grant the rights set out herein. You further agree not to upload Content that infringes any third-party rights or that you are not lawfully entitled to provide.

You retain ownership of any User Content you submit to the Platform. However, by submitting User Content, you grant Health4crew and Collaborate a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, reproduce, process, store, adapt, transmit, display, and distribute such Content strictly for the purpose of providing the Services.

For clarity, Seafarers are not Users of the Platform and have no direct contractual rights under these Terms. Any processing of their data is undertaken solely under the responsibility of their Shipping Company.

 

7. Using the Platform

By using the Platform, you agree to comply with all applicable laws and regulations, including those relating to data protection, medical confidentiality, and maritime obligations.

You represent, warrant, and agree that:

a) you are the creator or lawful user of the User Content you upload, or have obtained all necessary licenses, consents, and permissions;

b) your User Content does not and will not:

• infringe any intellectual property, privacy, publicity, or other rights;

• defame, libel, harass, or otherwise unlawfully harm any person; or

• cause Health4crew or Collaborate to breach any law or regulation;
  c) your User Content is not obscene, hateful, threatening, or otherwise inappropriate;
  d) you will not misuse the Platform, including attempting to extract data, reverse engineer the software, or disrupt service for other Users.

Health4crew reserves the right to screen, remove, edit, or block any User Content that violates these Terms or is otherwise objectionable.

 

User Content Disclaimer. Health4crew does not control and is not responsible for the accuracy, legality, or completeness of User Content. You acknowledge that Content may be inaccurate or objectionable, and you waive any claims against Health4crew PC (and/ or Collaborate) in respect of such Content.

 

Monitoring. Health4crew PC and Collaborate may monitor Platform usage for operational, compliance, or security purposes but are under no obligation to do so.

 

8.            Ending Access to the Platform

Health4crew PC may suspend, restrict, or terminate your access to the Platform at any time, with or without notice, if:

• you violate these Terms;

• your use creates legal or security risks;

• your subscription ends or fees remain unpaid.

We may also impose limits on use or storage at our sole discretion. Termination does not relieve you of obligations accrued up to that date. These Terms survive termination of your account.

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9.            Indemnity

You are fully responsible for your use of the Platform. You agree to indemnify and hold harmless Health4crew and Collaborate, and their respective officers, employees, and contractors, from any claim, liability, damages, or expenses (including legal fees) arising from:

a) your use or misuse of the Platform;

b) unlawful or unauthorized upload of Seafarer data;

c) your breach of these Terms or of any applicable law;

d) disputes between you and any third party (including Seafarers, regulators, or other Users).

We may assume control of any matter subject to indemnification, in which case you agree to cooperate fully.

 

10. Disclaimers – No Warranties

The Platform and all related materials are provided “as is” and “as available”. To the maximum extent permitted by law:

• Health4crew and Collaborate disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

• We do not guarantee uninterrupted, secure, or error-free operation.

• We are not liable for loss of data, unauthorized access, or harmful code introduced by third parties.

 

Medical Disclaimer.

Medical advice is provided by licensed doctors contracted with Health4crew. While Health4crew facilitates the connection, we are not responsible for the substance of medical diagnoses, treatments, or advice provided. The Shipping Company remains responsible for acting (or not) on such advice and ensuring proper care of Seafarers.

Health4crew PC is not a healthcare provider to Seafarers and has no direct contractual relationship with them. In emergencies, Shipping Companies must seek in-person treatment through onboard or port facilities.

To the fullest extent permitted by law, Health4crew (and/ or Collaborate) shall not be liable for indirect, incidental, or consequential damages arising from your use of the Platform.

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11,          Privacy

Health4crew PC and Users (Shipping Companies, Medical Professionals) agree that they act as independent data controllers and undertake to comply with all obligations stemming from the applicable data protection legislation (including the General Data Protection Regulation (EU) 2016/679 and Law 4624/2019). For more information on the processing of personal data by Health4crew PC please visit the Privacy Notice.

 

Taking into account that in the course of the use of the Platform there will be data sharing between Health4crew PC and the Users, the Parties hereby agree that regarding any transfers made pursuant to the EU SCCs (as defined above):

1. the EU SCCs are deemed concluded and incorporated into this Agreement by reference and are completed and modified as follows:

(a) The optional Clause 7 (Docking clause) applies.

(b) In Clause 9, Option 2 (general written authorization) applies, and the minimum time period for prior notice of intended changes to the list of sub-processors shall be 15 days;

(c) In Clause 11, the optional language does not apply;

(d) All square brackets in Clause 13 and Clause 13(a), 3 rd paragraph are hereby removed;

(e) In Clause 17 (Option 1), the EU SCCs will be governed by laws of Greece;

(f) In Clause 18 (b), disputes will be resolved by the courts located in the city of Athens, Greece.

(g) Schedule A, Section 3 of this Agreement and the relevant Data Transfer Schedules (as defined in section 4 below) contains the information required in Annex I of the EU SCCs; and

(h) Schedule E of this Agreement contains the information required in Annex II of the EU SCCs, Modules One, Two and Three.

By entering into this Agreement, the relevant Parties above are deemed to have entered into the EU SCCs incorporated herein by reference, including their Annexes; and

2. the following supplementary measures shall apply:

(a) As of the date of execution of this Agreement by the relevant Data Importer, as this term is defined in the EU SCCs, the Data Importer represents that he has not received any formal legal requests from any government intelligence or security service/ agencies in the country to which the Personal Data is being exported, for access to (or for copies of) Personal Data (“Government Agency Requests”);

(b) If, after the date of execution of this Agreement by the relevant Data Importer, the Data Importer receives any Government Agency Request, the Data Importer shall attempt to redirect the law enforcement or government agency to request that Personal Data directly from the Data Exporter, as this term is defined in the EU SCCs. As part of this effort, the Data Importer may provide the Data Exporter’s basic contact information to the government agency. If compelled to disclose Personal Data to a law enforcement or government agency, the Data Importer shall give the Data Exporter reasonable notice of the demand and cooperate to allow the Data Exporter to seek a protective order or other appropriate remedy unless the Data Importer is legally prohibited from doing so. The Data Importer shall not voluntarily disclose Personal Data to any law enforcement or government agency. Data Exporter and Data Importer shall (as soon as reasonably practicable) discuss and determine whether all or any transfer of Personal Data pursuant to this Agreement should be suspended in the light of any such Government Agency Request; and

(c) Upon relevant request of the Data Exporter, the Data Exporter and Data Importer will communicate to consider whether:

(i) the protection afforded by the Applicable Privacy Laws of the country of the Data Importer to Data Subjects whose Personal Data is being transferred is sufficient to provide broadly equivalent to GDPR protection, whichever the case may be;

(ii) additional measures are reasonably necessary to enable the transfer to be compliant with the Applicable Privacy Laws; and

(iii) it is still appropriate for Personal Data to be transferred to the relevant Data Importer, taking into account all relevant information available to these Parties, together with guidance provided by the supervisory authorities.

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12.          Miscellaneous

 

12.1       Assignment

Health4crew PC may assign or subcontract rights and obligations arising out of these Terms to third parties, in which case we will notify you of this. You are not permitted to assign or purport to assign to third parties any right derived from you account without our prior written consent which we may grant or refuse in our sole discretion.

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12.2        Governing law and jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter, are governed by the laws of Greece subject only to any applicable mandatory law in the country in which you reside. You agree that the courts of Athens, Greece, shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation subject only to any applicable mandatory law in the country in which you reside or choice of jurisdiction provisions that cannot be varied by contract.