Governs the use of the Vaquita EHR platform for healthcare professionals under individual plans, including subscription terms, billing, and responsibility over clinical records.
These Terms are entered into between Ánfora Salud, S.A.P.I. de C.V. (hereinafter, “Amphora Health”), with Federal Taxpayer Registry ASA200624IT7 and domicile at Batallón Independencia 80, Col. Chapultepec Norte, C.P. 58260, Morelia, Michoacán, Mexico, and the individual or legal entity registering as the holder of a “Vaquita EHR®” account under an individual plan (the “User”).
The User may be, indistinctly: (a) a healthcare professional, an individual, who registers on an individual basis; or (b) a legal entity (including medical offices, clinics, or civil partnerships) that registers the account as the contractual and billing holder, and authorizes one or more individuals (physicians, medical assistants, or other authorized personnel) to operate that account. When the User is a legal entity, the responsibility of holding a valid professional license and meeting the other eligibility requirements under Section 12 of these Terms rests individually with each individual who accesses or records clinical information within the account, and is not transferred to nor guaranteed by the legal entity holding the account.
For any clarification related to these Terms, the User may contact Amphora Health’s Legal Affairs Office at juridico@anforasalud.com or by phone at +52 443 304 6300.
These Terms of Use (the “Terms”) govern the use of Vaquita EHR by healthcare professionals who register and contract a plan directly through the platform (vaquitaehr.com, vaquita.health, vaquitasalud.com, vaquita.com.mx, and their web and mobile applications), without a negotiated or signed contract with Amphora Health.
By creating an account, selecting a plan, or continuing to use Vaquita EHR, you (the “User”) accept these Terms in their entirety, without the need for an additional handwritten or electronic signature. If you do not agree with these Terms, you must refrain from registering, using, or continuing to use the platform.
These Terms complement, and must be read together with: Amphora Health’s Privacy Notice (anforasalud.com/privacidad), Amphora Health’s Website Terms and Conditions (anforasalud.com/terminos), Amphora Health’s Billing Policy (anforasalud.com/facturacion), and Amphora Health’s Service Level Policy (SLA) (anforasalud.com/sla). In the event of a conflict regarding the specific use of Vaquita EHR under an individual plan, these Terms shall prevail.
If your institution or you require a corporate, educational, or research plan, or any additional implementation or integration, that service will be governed by a separate General Services Agreement, subject to negotiation and signature, and not by these Terms.
Vaquita EHR offers the following individual subscription plans, whose current details, features, and prices are published and updated at vaquitaehr.com:
| Plan | Price | Users | Storage |
|---|---|---|---|
| Vaquita Mini | Free | 1 user only | Up to 1 GB |
| Vaquita Pro | $300.00 MXN/month per user | Up to 5 users | Up to 5 GB |
| Vaquita Max | $550.00 MXN/month per user | Up to 10 users | Up to 10 GB |
| Vaquita Ultra | $1,050.00 MXN/month per user | Up to 20 users | Up to 25 GB |
The prices shown include applicable Value Added Tax (VAT). Amphora Health may modify the plans, their prices, and their features at any time, with such changes taking effect for new contracts or renewals occurring after their publication.
The User may change plans (upgrade or downgrade the subscription level) at any time directly from the platform, without penalty. Plan changes made in the middle of a billing cycle will be reflected in the next corresponding billing cycle.
Payment, collection methods, the issuance of digital tax receipts (CFDI), and recurring billing processes are governed by Amphora Health’s Billing Policy (anforasalud.com/facturacion). In summary:
The technical and operational support conditions, service channels, hours, and service levels applicable to Vaquita EHR are governed by Amphora Health’s Service Level Policy (SLA), available at anforasalud.com/SLA.
The support provided under that Policy is exclusively technical and administrative in nature. It does not, under any circumstances, include medical or clinical advice, or interpretation of patient information, as provided in Section 11 of these Terms.
Requests for new features do not constitute support incidents; they will be collected and evaluated monthly by Amphora Health for potential incorporation into the product, without this implying any commitment to development or timeline.
Voluntary cancellation. The User may cancel their subscription at any time, with no mandatory term or penalty, from the platform or by notifying Amphora Health. Cancellation does not generate any refund for the period already paid. The User will retain full access to the platform until the last day of the current billing cycle. Once that cycle expires, access will be blocked and the User will only be able to see a reactivation screen to re-contract the service.
Expiration due to payment failure. If, at the time of automatic renewal, the charge cannot be processed, Amphora Health will notify the User and the platform will apply the corresponding payment gateway’s standard retry scheme and grace period, during which access to the platform will remain active. Once that period has elapsed without the payment having been settled, access will be blocked and the User will only be able to see a reactivation screen to update their payment method and re-contract the service. Vaquita Mini plan upon cancellation. The User’s account is not automatically deleted upon canceling a paid plan; however, continuity under the Vaquita Mini (free) plan is subject to the account’s storage usage remaining within the 1 GB limit. If usage exceeds that limit, the write-blocking described in Section 4 will apply. The User may expressly request the complete deletion of their account under Section 9 of these Terms.
Multi-user accounts. When a paid plan with more than one user is canceled, only the primary administrator’s (“super administrator”) account may remain active under the Vaquita Mini plan, subject to the storage conditions noted in the preceding paragraph. The accounts of the other users will become inactive immediately; the clinical records they may have generated will remain visible and accessible to the super administrator.
In all cases, clinical data held by Amphora Health will remain in its custody for the mandatory retention period set out in Section 9 of these Terms, and access may be restored at any time by reactivating a paid plan or by requesting an export under that Section.
The clinical records and patient data generated and recorded by the User in Vaquita EHR are and remain, at all times, owned by the User and by the corresponding patients. Amphora Health does not acquire any ownership right over such data by virtue of these Terms or the provision of the service.
With respect to patients’ personal data that the User records in Vaquita EHR, the Multiple Data Controllers scheme described in Amphora Health’s Privacy Notice applies, under which:
The User undertakes to obtain the corresponding consent from their patients in accordance with the General Health Law and applicable personal data protection legislation.
With respect to electronic clinical records, Amphora Health will retain the corresponding information for a minimum period of five (5) years counted from the date of the last recorded medical act, in accordance with NOM-004-SSA3-2012, regardless of whether the User cancels their paid subscription, downgrades to the Vaquita Mini plan, or requests deletion of their account.
Deletion of the User’s account suspends the User’s access to the platform but does not imply the immediate deletion of the recorded clinical records, which will remain in Amphora Health’s custody for the mandatory retention period noted in the preceding paragraph.
Upon canceling or deleting their account, the User will be entitled to one (1) free export of their clinical records in a structured, interoperable format, in accordance with the health information exchange principles set out in NOM-024-SSA3-2010. To do so, they must send a written request to soporte@anforasalud.com, accompanied by the information necessary to verify their identity as the account holder. Amphora Health may request additional documentation for that verification before processing the export. Export requests beyond the first one may be subject to a fee under the current Billing Policy.
Amphora Health maintains audit records (access, use, and modification logs) with respect to Vaquita EHR that make it possible to unambiguously associate each action performed on clinical information with its author, date, time, and type of operation, in accordance with the traceability principle set out in NOM-024-SSA3-2010.
Amphora Health states that Vaquita EHR is a technological tool that supports medical practice. Amphora Health does not provide medical care services, does not issue diagnoses or clinical recommendations, and is not responsible for medical care decisions made by the User. Any analysis, alert, or clinical decision support functionality that the platform incorporates, including those based on artificial intelligence or automated processes, is exclusively supportive in nature and does not, under any circumstances, replace the clinical judgment of the healthcare professional, who at all times retains sole and exclusive responsibility for the medical decisions made.
When the User is an individual, they represent and warrant that they are a healthcare professional legally authorized to practice in Mexico or in the country where they provide their services, with a valid professional license or equivalent under the applicable legislation of that country. When the User is a legal entity, each individual that such User authorizes to record or access clinical information within the account must individually be a healthcare professional legally authorized to practice in Mexico or the corresponding country, with a valid professional license or equivalent, or personnel authorized under the direct supervision of such professional. Vaquita EHR includes professional license verification functionality as part of the registration process. Amphora Health may suspend access for any account, or for any person within it, for whom such status is not evidenced.
In addition to the usage restrictions set out in the website’s Terms and Conditions, the User undertakes not to: (a) record false clinical information in Vaquita EHR, information that is deliberately incomplete, or that does not correspond to medical care actually provided; (b) impersonate another healthcare professional or record medical acts attributing them to a professional other than the one who actually performed them; and (c) use the platform for purposes other than the legitimate medical care of patients.
In the event of a security incident that affects or could affect the confidentiality, integrity, or availability of the User’s clinical records, Amphora Health will notify the User without undue delay, in accordance with its Security Incident Response Plan and Amphora Health’s Privacy Notice.
The intellectual property of the Vaquita EHR platform belongs exclusively to Amphora Health under the terms described in the website’s Terms and Conditions, which apply on a supplementary basis to these Terms. Amphora Health does not guarantee that the service will be free of interruptions or errors, and its liability toward the User is limited, as applicable, to what is set out in those Terms and Conditions, except in cases of gross negligence or willful misconduct in fulfilling the security and clinical record retention obligations set out in these Terms.
Amphora Health may modify these Terms at any time, publishing the updated version at vaquitaehr.com. Continued use of the platform after changes are published constitutes acceptance of those changes.
These Terms are governed by the federal laws of Mexico. For their interpretation, performance, and compliance, the Parties expressly submit to the jurisdiction of the competent courts of the city of Morelia, Michoacán, Mexico.