MEDIKAH CORPORATION
Terms of Service
Patient Agreement — Users in Mexico
Effective Date: February 1, 2026 | Primary Framework: LFPC · LFPDPPP · Ley General de Salud
About This Document
These Terms of Service govern the relationship between Medikah Corporation and patients in Mexico using the platform. They are written in accordance with Mexican mandatory law, including the Ley Federal de Protección al Consumidor (LFPC), the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP), and the Ley General de Salud.
Spanish version: The Spanish version of these Terms governs for users in Mexico in case of any conflict between the English and Spanish versions. The Spanish version is available at https://medikah.health/es/terms.
Acceptance of Terms
Binding Agreement
BY ACCESSING OR USING THE MEDIKAH PLATFORM, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY / AVISO DE PRIVACIDAD.
IF YOU DO NOT AGREE, YOU MAY NOT USE OUR SERVICES.
How You Accept
Acceptance requires three separate unchecked checkboxes at registration: (1) Terms of Service, (2) Privacy Policy / Aviso de Privacidad, and (3) Express consent to health data processing (datos sensibles — Art. 9 LFPDPPP). The platform records timestamp, document hash, IP address, and user ID upon acceptance, and sends a confirmation email.
Updates
Material changes will be notified at least 30 days in advance (60 days for changes affecting health data or fees), consistent with Art. 87 Bis LFPC. Re-consent is required upon next login after material changes.
Critical Understanding — What Medikah Is and Is Not
Medikah Corporation operates a health technology platform enabling patients to connect with independently licensed healthcare providers. Medikah does not provide medical care, employ healthcare providers, or practice medicine. Healthcare providers are independent contractors solely responsible for their clinical acts.
We Provide:
- HIPAA-compliant, encrypted video Appointments
- PCI-DSS compliant payment processing
- Appointment scheduling and coordination tools
- Secure health record storage consistent with HIPAA (45 CFR §164) and NOM-024-SSA3-2012
We Are NOT:
- Healthcare providers or medical practitioners
- A telemedicine service — we provide the technology, providers deliver the care
- Employers or supervisors of the doctors on our platform
- Responsible for medical care, diagnoses, treatment, or outcomes
1. Eligibility and Account Requirements
1.1 Age and Legal Capacity
To create an account independently, you must be at least 18 years old (or the age of majority under Mexican law) and legally capable of entering binding contracts. Minors may use the platform only with a parent or legal guardian, subject to the Ley General de los Derechos de Niñas, Niños y Adolescentes (LGDNNA) and express parental consent for processing of the minor's health data.
1.2 Account Responsibilities
You are responsible for: providing accurate and complete information; maintaining credential security; all activity under your account; and immediately notifying Medikah of unauthorized access at support@medikah.health.
2. Description of Services
2.1 For Patients in Mexico — Domestic Appointments
When both patient and provider are in Mexico and the provider holds a valid Mexican medical license (cédula profesional), standard telemedicine regulations apply under the Ley General de Salud and NOM-035-SSA3-2012. The provider may diagnose and treat via video Appointment and may prescribe medications subject to applicable law. A separate Informed Consent Form (Form MEDIKAH-DOM-001) is required before each domestic Appointment.
2.2 For Patients in Mexico — Informational Appointments with U.S. Providers
If you use the platform to connect with a U.S.-licensed provider while you are in Mexico, the same cross-border restrictions apply in reverse: the U.S. provider is not licensed in Mexico and cannot diagnose, treat, or prescribe under Mexican law. The Informational Appointment Acknowledgment Form (Form MEDIKAH-CB-001) is required.
3. Fees and Payment
Provider fees for Appointments are set independently by each provider. Medikah's platform coordination services are currently provided at no direct cost to patients. Medikah reserves the right to introduce platform fees with at least 60 days' advance notice, consistent with Art. 87 Bis LFPC.
4. Privacy and Health Data
Your health data constitutes datos sensibles under Art. 3 Fr. VI LFPDPPP and Protected Health Information (PHI) under HIPAA. Processing requires your express, specific, and informed consent. Your ARCO rights (Acceso, Rectificación, Cancelación, Oposición) may be exercised at privacy@medikah.health at any time. See Medikah's Privacy Policy / Aviso de Privacidad for full details.
Electronic health records generated during domestic Appointments are maintained for a minimum of 5 years from the date of last service, consistent with NOM-024-SSA3-2012. You may request your records at privacy@medikah.health at any time during the retention period.
5. Disclaimers and Limitations of Liability
Mandatory Consumer Rights Reservation — LFPC
Notwithstanding any other provision of these Terms, nothing limits, restricts, or waives any right guaranteed to consumers in Mexico under the Ley Federal de Protección al Consumidor (LFPC):
- Medikah's liability for damages to your health caused by Medikah's gross negligence or willful misconduct cannot be limited (Art. 90 Fr. I LFPC).
- Clauses requiring advance waiver of consumer rights are null and void (Art. 90 Fr. II LFPC).
In the event of conflict between these Terms and the LFPC, the LFPC prevails.
Subject to the above reservation, Medikah's liability arising from platform technology failures is limited to the amount paid to Medikah in the 12 months preceding the claim, or USD $100, whichever is greater, to the maximum extent permitted by applicable law.
6. Dispute Resolution — Mexico
Users in Mexico retain the following rights regardless of any other dispute resolution provision:
- Submit consumer complaints to PROFECO (www.profeco.gob.mx) via the Concilianet system at no cost
- Bring consumer claims before Mexican courts in their state of residence
- Submit data privacy complaints to the INAI (www.inai.org.mx)
- File medical care complaints with CONAMED (www.conamed.gob.mx) against the treating provider
Governing law for users in Mexico: The Ley Federal de Protección al Consumidor (LFPC), LFPDPPP, Ley General de Salud, and applicable Mexican consumer protection law govern and prevail. Medikah accepts PROFECO's jurisdiction for consumer matters.
7. Health Regulation — Mexico
7.1 NOM-024-SSA3-2012
The management of electronic health records for users in Mexico is subject to NOM-024-SSA3-2012. Healthcare providers using the platform in Mexico must hold a valid cédula profesional registered with the Secretaría de Educación Pública (SEP) and comply with all applicable Mexican health regulations.
7.2 COFEPRIS
Healthcare providers are solely responsible for compliance with COFEPRIS regulations and any applicable authorizations required for telemedicine practice in Mexico. Medikah does not guarantee or warrant any provider's compliance with COFEPRIS requirements.
Final Acknowledgment
By completing the consent mechanism and using the Medikah platform, you acknowledge and agree that:
- Medikah is a technology platform — not a healthcare provider.
- Healthcare providers are independent contractors solely responsible for their clinical acts.
- You have read and understood these Terms of Service.
- For domestic Appointments: the provider holds a valid Mexican medical license and may diagnose, treat, and prescribe under Mexican law — subject to Form MEDIKAH-DOM-001.
- For Informational Appointments: the provider is not licensed in your location and cannot provide medical treatment — subject to Form MEDIKAH-CB-001.
- Your mandatory consumer rights under the LFPC are preserved regardless of any other provision of these Terms.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO ANY PART OF THESE TERMS, DO NOT USE THE PLATFORM.
medikah
legal@medikah.health | support@medikah.health | © 2026 Medikah Corporation.