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CliniciansCheck Digital & AI Seller Participation Agreement

Effective Date: May 23, 2025

1. Introduction

This Digital & AI Seller Participation Agreement ("Agreement") governs your access to and participation as a digital or AI tool vendor ("Seller") on the CliniciansCheck platform ("Platform"). By registering and offering products or services on the Platform, you agree to comply with the terms outlined herein.

2. Eligibility and Authority

  • Sellers must be legally registered entities or individuals with the authority to enter into binding agreements.

  • You represent that you are fully authorized to act on behalf of the business or legal entity you represent.

Sellers are solely responsible for ensuring that their activities on the Platform are lawful in their local jurisdiction. CliniciansCheck does not guarantee access or compliance suitability in all countries.

3. Scope of Services

  • This Agreement applies to vendors of digital health tools, AI applications, non-clinical SaaS products, and related services.

  • Sellers are responsible for ensuring that their offerings are safe, ethical, effective, and compliant with all applicable laws and standards.

4. AI and Software Governance

  • AI tools must be designed in accordance with international ethical standards, including the EU AI Act, OECD AI Principles, UK NHS AI Code of Conduct, and UNESCO AI Ethics Guidelines.

  • Sellers must disclose whether tools involve automated decision-making, and must provide mechanisms for human oversight, auditability, and explainability.

  • High-risk AI (e.g., those influencing diagnosis, treatment, triage) must be CE-marked, UKCA-certified, or meet equivalent regulatory approval.

  • Sellers must ensure data privacy by design and default, following frameworks such as UK GDPR, HIPAA, ISO/IEC 27001, and ISO/IEC 23894:2023.

5. Representations and Warranties

Sellers represent and warrant that:

  • All tools and services are free of known defects and malware.

  • Offerings are original, legally licensed, and do not infringe on third-party rights.

  • Any health claims made are supported by credible evidence and disclosures.

  • Any clinical tools or claims are subject to compliance with MDR (Medical Device Regulation), where applicable.

Sellers must implement and maintain security measures appropriate to the nature of their services, including, where applicable, secure APIs, encryption, threat detection, and regular vulnerability scans. Sellers must notify CliniciansCheck immediately in the event of a data breach or security incident.

Sellers must maintain adequate professional indemnity or product liability insurance suitable to their region and offering. Proof may be requested by CliniciansCheck at any time.

6. Data Protection and Privacy

  • Sellers must process user data in compliance with UK GDPR, EU GDPR, HIPAA, and other applicable privacy laws.

  • Any data shared with CliniciansCheck or its users must be encrypted and used solely for stated purposes.

  • AI training on user data is prohibited unless users have given informed, opt-in consent.

7. Content Standards and Restrictions

  • Content must not be false, misleading, discriminatory, harmful, or exploitative.

  • Sellers may not post or promote unauthorized health claims or non-compliant AI usage.

  • CliniciansCheck may suspend or terminate listings that violate its ethical standards, legal obligations, or user safety requirements.

Sellers grant CliniciansCheck a non-exclusive, worldwide, royalty-free license to use, display, and distribute submitted content solely for the purpose of operating and promoting the Platform. Sellers retain ownership of their intellectual property.

8. Payment Terms

  • Sellers will receive payouts as agreed during onboarding, minus platform fees, processing charges, and applicable taxes.

  • CliniciansCheck may withhold payments in the case of suspected fraud, chargebacks, or legal investigations.

9. Indemnification

Sellers agree to indemnify, defend, and hold harmless CliniciansCheck, its officers, affiliates, and employees from any losses, liabilities, damages, or expenses arising from:

  • Breach of this Agreement;

  • Infringement of intellectual property;

  • Product liability, misuse, or failure;

  • Breach of data protection obligations.

10. Limitation of Liability

To the maximum extent permitted by law:

  • CliniciansCheck shall not be liable for any indirect, incidental, punitive, or consequential damages.

  • Total liability in connection with this Agreement shall not exceed the total fees paid by Seller to CliniciansCheck in the past 6 months.

11. Compliance and Sanctions

  • Sellers must comply with all relevant export control laws, including OFAC, UK sanctions, and EU dual-use regulations.

  • Sellers from sanctioned countries or those engaged in prohibited uses will be removed without notice.

12. Term and Termination

  • This Agreement is effective until terminated by either party.

  • CliniciansCheck may suspend or terminate access without notice for violations of law, user safety, or platform integrity.

CliniciansCheck reserves the right to audit or monitor any seller at any time to ensure compliance with this Agreement. Failure to cooperate or respond may result in removal or legal action.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of England and Wales. Any disputes shall be resolved by binding arbitration via the London Court of International Arbitration (LCIA), unless another method is mutually agreed.

This Agreement is intended to operate globally. Where local law mandates different terms, such local terms shall prevail to the extent required by law. The remainder of this Agreement shall continue to apply.

14. Contact

CliniciansCheck Ltd

2 Harley Street, London, W1G 9PA, United Kingdom

Email: operationsteam@clinicianscheck.com

15. Language

This Agreement is drafted in English. If translated into other languages, the English version shall prevail in the event of a conflict. Sellers are responsible for ensuring they understand the Agreement in their preferred language.