Product terms · 05
Specific Terms for the NexToCloud HealthCare Health App
NexToCloud HealthCare, the NexToCloud health app · healthcare.nextocloud.ai · NTC CAPITAL HOLDING S.A.S. · NIT (Colombian tax ID) 902.096.121-7 Version 2.0 · Effective as of: October 20, 2026 · Last updated: October 20, 2026
1. What HealthCare is#
1.1. NexToCloud HealthCare ("HealthCare" or the "Health App"), available at https://healthcare.nextocloud.ai and through its mobile applications, and formerly named NextoCare, is the Platform module for the administrative and operational management of healthcare providers (healthcare provider institutions (IPS), medical offices, clinics and independent practitioners). Depending on the Plan, it includes, among other features: appointment scheduling and management, confirmations and reminders, rescheduling, management of authorizations with insurers, management of PQRS (petitions, complaints, claims and suggestions), call center operations and reporting.
1.2. What HealthCare is not. Unless a module that so provides is expressly contracted:
a) It is not an electronic medical record (historia clínica) within the meaning of Resolution 1995 of 1999 and Law 2015 of 2020, nor an information system for recording clinical care. b) It is not a medical device or software with a diagnostic, therapeutic or clinical decision-support purpose within the meaning of Decree 4725 of 2005. c) It is not a telehealth or telemedicine service, nor an emergency care channel. d) It is not a healthcare electronic invoicing system or a RIPS generation system.
2. Customer responsibilities as a healthcare provider#
2.1. Licensing. The Customer represents that it holds the qualification (habilitación), registrations and licenses required to provide healthcare services, and it is solely responsible for the care it provides.
2.2. Sensitive Data. Health data is sensitive. The Customer must obtain from each patient express authorization for its processing and for being contacted through the channels the Customer uses via the Platform (WhatsApp, calls, SMS, email), disclosing that care may be supported by automated agents. NexToCloud offers a notice and authorization template that the Customer may adapt; the final content and its implementation are the Customer's responsibility.
2.3. Medical records and retention. The Customer is responsible for keeping its patients' medical records and retaining them for the legally required period (Resolution 839 of 2017) in the appropriate systems. Platform backups serve for recovery from incidents and do not constitute a retention archive for medical records.
2.4. Care-related content. The Customer defines and approves the content of the templates, messages, procedure preparation instructions and directions sent to patients, and is responsible for their clinical accuracy.
2.5. Personnel and third parties. The Customer is responsible for the people it enables on the Platform, including its clinical and administrative staff and third parties that provide services to it (for example, external call centers), and for ensuring that each of them accesses only the information necessary for their role.
2.6. Patients' rights. The Customer handles patients' requests regarding their data and their care. NexToCloud will forward to the Customer any request it receives directly.
3. Emergencies#
3.1. HealthCare's automated channels are not emergency channels or medical guidance channels. The Customer agrees to configure its messages so that they tell patients that, in an emergency, they must go to the nearest emergency department or call the emergency line 123.
3.2. If a patient reports an emergency through a HealthCare channel, the flow must route the case to the Customer's human staff or refer the patient to emergency channels. NexToCloud is not responsible for emergency care or for the Customer's delay in responding to the messages it receives.
4. AI Agents in healthcare#
4.1. HealthCare's AI Agents are limited to administrative functions configured by the Customer: confirmation, cancellation, rescheduling, logistical information (location, hours, general preparation instructions approved by the Customer) and classification of requests.
4.2. The agents do not issue diagnoses, medical opinions, prescriptions or treatment recommendations, and they are configured to route any clinical inquiry to human staff.
4.3. All other rules are governed by the AI Terms.
5. Integrations with insurers and third-party systems#
5.1. When the Customer requests the automation of inquiries or procedures on the portals of insurers, EPS or other third parties (for example, authorization validators) using its own credentials, the Customer represents that it is authorized by the portal owner for such use and that the credentials belong to it.
5.2. These integrations depend on systems that NexToCloud does not control. Changes, blocks or unavailability of those systems do not constitute a breach by NexToCloud and do not count toward the SLA. The Customer must verify the results of automated inquiries before making care or billing decisions.
5.3. Integrations with the Customer's source systems (for example, migrations from other software) are performed based on the information and access provided by the Customer, which guarantees their lawfulness and quality.
6. Records and traceability#
6.1. The Platform keeps a record of communications with patients (messages, delivery and read statuses, replies, actions taken by the AI Agent and by staff), which the Customer may consult as support for its operations.
6.2. Encounter closing notes recorded on the Platform cannot be edited after they are saved, in order to preserve their integrity.
6.3. Exporting patients' personal data to a file requires a specific permission and is logged (user, date and exported content).
7. Future clinical modules#
If the Customer subscribes to a module involving medical records, telehealth, RIPS or healthcare invoicing, additional specific terms will apply, which will update this document and the Data Processing Agreement with respect to data categories, security measures, retention and regulatory obligations.
Versioned document. Previous versions are retained at nextocloud.ai/legal.