Terms and Conditions of Use

These Terms and Conditions ("Terms") govern access to and use of the EMSy Events platform ("Platform"), provided by EMSy S.r.l. ("EMSy"), with registered office at Via degli Anziani 14, 11013 Courmayeur (AO), Italy — VAT / Tax Code: 01307810075.

The Platform is intended exclusively for professional healthcare operators (physicians, nurses, professional rescuers, volunteer rescuers) authorised by sporting event organisers for the management of participant health data during events.

Use of the Platform is restricted to B2B professional relationships. Consumer protection provisions (Italian Legislative Decree 206/2005) do not apply.

- "Organiser": the entity organising the sporting event, acting as Data Controller under Art. 4.7 GDPR.

- "Operator": the healthcare operator registered on the Platform, acting as authorised person under Art. 29 GDPR.

- "Participant": the athlete or event participant whose health data is managed through the Platform.

- "Health Data": special-category data under Art. 9 GDPR relating to Participant health (medical conditions, allergies, medications, blood type, emergency notes).

The Platform is a health data management and collection tool for sporting events. It does not constitute a medical device under EU Regulation 2017/745 (MDR) and does not in any way replace the clinical judgment of the healthcare operator.

EMSy acts as Data Processor under Art. 28 GDPR, on the instructions of the event Organiser (Controller). The Operator acts under the authority of EMSy and the Organiser.

Use of the Platform is restricted to persons of legal age (18 years) who carry out professional or voluntary healthcare activities.

Registration requires acceptance of these Terms, the Operator Privacy Notice and the Appointment as Authorised Processor and Confidentiality Agreement.

Access to the Platform is subject to approval by an administrator. EMSy reserves the right to verify the declared professional qualification.

The Operator undertakes to:

a) Provide truthful and up-to-date information during registration and maintain the confidentiality of access credentials.

b) Use the Platform exclusively for healthcare purposes within assigned sporting events.

c) Process Participant health data in compliance with GDPR, the signed Confidentiality Agreement and the instructions issued by EMSy and the Organiser.

d) Access anamnesis data (Break-the-Glass) only in the presence of genuine clinical need, aware that every access is immutably logged.

e) Not export, copy or store data outside the Platform, on personal devices or unauthorised systems.

f) Immediately report to EMSy (info@emsy.io) any data breach, unauthorised access or event that could compromise security.

g) Not use the Platform unlawfully, fraudulently or in violation of third-party rights.

All intellectual property rights relating to the Platform, source code, interface, proprietary content and documentation belong to EMSy or the respective licensors.

Any unauthorised reproduction, modification, distribution or use of Platform content is prohibited.

To the extent permitted by law, EMSy shall not be liable for:

a) Clinical decisions made by Operators — clinical responsibility remains entirely with the healthcare professional.

b) Use of the Platform in violation of these Terms or applicable regulations.

c) Service interruptions or malfunctions not attributable to EMSy's fault, including connectivity issues, cyber attacks or force majeure.

d) Damages arising from data loss caused by factors external to the Platform.

EMSy's liability for wilful misconduct and gross negligence under Art. 1229 of the Italian Civil Code remains in full effect.

The Operator undertakes to indemnify and hold harmless EMSy from any claim, damage, cost or expense (including legal fees) arising from unlawful use of the Platform, breach of these Terms or breach of the Confidentiality Agreement.

EMSy reserves the right to suspend or revoke access to the Platform in the event of:

- Breach of these Terms or the Confidentiality Agreement.

- Improper or unauthorised use of Participant health data.

- Security or technical and legal compliance reasons.

- Withdrawal of consent to data processing by the Operator.

Where possible, EMSy will provide reasonable advance notice before suspension.

Processing of the Operator's personal data is governed by the Operator Privacy Notice, available at /privacy.

Obligations relating to the processing of Participant health data are defined in the Appointment as Authorised Processor and Confidentiality Agreement, available at /confidentiality.

To exercise your data protection rights: info@emsy.io.

EMSy reserves the right to amend these Terms for technical, legal or service development reasons. Material changes will be communicated with reasonable advance notice via the Platform or by email.

Continued use of the Platform after the amendments take effect constitutes acceptance of the new Terms.

These Terms are governed by Italian law.

For any dispute arising from the interpretation or performance of these Terms, the Court of Aosta shall have exclusive jurisdiction.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Operator declares to have read and specifically approves the following clauses:

- § 5 (Operator obligations and prohibitions)

- § 7 (Limitation of liability, except for wilful misconduct and gross negligence)

- § 8 (Indemnification)

- § 9 (Suspension and termination)

- § 11 (Amendments to Terms)

- § 12 (Exclusive jurisdiction: Aosta)

EMSy S.r.l.

Via degli Anziani 14, 11013 Courmayeur (AO), Italy

VAT / Tax Code: 01307810075 | REA: AO-83938

Email: info@emsy.io

PEC: emsysrl@legalmail.it

Privacy contact: Simon Grosjean — info@emsy.io