Terms and Conditions of Use — MARCO
Deep Talk SAS
1. Purpose and acceptance of these Terms
1.1. These Terms and Conditions of Use (the “Terms”) govern access to and use of MARCO (the “Service”), an AI-agent service that provides healthcare professionals with scientific information and support for evidence-based medicine, operated by Deep Talk SAS (“Deep Talk”, “we”, “us”).
1.2. By creating an account, ticking the acceptance box, or otherwise using the Service, you (“you”, the “User”) agree to be bound by these Terms. If you do not accept them, you must not use the Service.
1.3. These Terms are supplemented by our Privacy Policy and our Cookie Policy, which form an integral part of the agreement between us. In the event of conflict, these Terms prevail on matters of use of the Service, and the Privacy Policy prevails on matters of personal data.
1.4. Where you access the Service under a separate written agreement between Deep Talk and your employer or institution (an “Enterprise Agreement”), that agreement prevails over these Terms to the extent of any conflict.
2. Publisher and hosting information
Pursuant to Article 6 of French Law No. 2004-575 of 21 June 2004 (LCEN):
| Publisher | Deep Talk SAS, société par actions simplifiée |
|---|---|
| Registered office | 149 Avenue du Maine, 75014 Paris, Île-de-France, France |
| SIRET | 920 440 922 00010 |
| Intra-EU VAT number | FR13920440922 |
| Publication director | Juan Jose Soto, President |
| Contact | contact@deep-talk.ai — www.info.marco.care/contact |
| Hosting provider | Microsoft Azure — Microsoft France SAS, data centres in France and Sweden |
3. Definitions
- Content: any text, question, prompt, document or file you submit to the Service.
- Output: any response, summary, citation or other material generated by the Service in reply to your Content.
- Scientific Sources: the peer-reviewed literature, clinical guidelines and other scientific materials the Service draws on.
- Account: the personal, individual access credentials issued to you.
4. Eligibility
4.1. The Service is reserved for healthcare professionals. By using it, you represent and warrant that you:
- hold a valid, current licence or registration to practise your profession in the country where you practise;
- are at least 18 years old and have legal capacity to enter into these Terms;
- are using the Service in the course of your professional activity, and not as a consumer;
- are permitted to use the Service under the laws, professional codes and internal rules applicable to you, whether you work in the public or private sector; and
- will inform us without delay if any of the above ceases to be true.
4.2. The Service is not intended for patients or for the general public, and nothing in it is directed at them.
4.3. We may ask you to evidence your professional status at any time and may suspend your Account until you do.
5. Account and security
5.1. Your Account is personal and non-transferable. You must not share your credentials or allow anyone else to use your Account.
5.2. You are responsible for all activity carried out through your Account. You must notify us without delay at security@deep-talk.ai if you suspect unauthorised use.
5.3. You must provide accurate registration information and keep it up to date. If you provide inaccurate information or fail to correct it, we may suspend or terminate your access under Article 15.
6. Nature and limits of the Service
6.1. You are interacting with an artificial-intelligence system. MARCO generates Output automatically. In accordance with Article 50 of Regulation (EU) 2024/1689 (the AI Act), we inform you that the content you receive is AI-generated.
6.2. MARCO is not a medical device. It is not intended to diagnose, prevent, monitor, predict, prognose, treat or alleviate any disease within the meaning of Regulation (EU) 2017/745. It performs no function reserved to a medical device and must not be used as one.
6.3. The Output is not medical advice. Neither the Output nor any information consulted through the Service constitutes professional advice, a diagnosis, a treatment, a prescription or a medical recommendation. It is documentary support for a qualified professional.
6.4. AI systems make mistakes. You acknowledge that the Output may be incomplete, out of date, or factually incorrect, and may misattribute or misstate a Scientific Source. You must verify any Output against the primary sources before relying on it.
6.5. Clinical decisions remain yours. You exercise your profession under your own clinical judgement, in accordance with the legal and ethical framework applicable to you, and remain solely responsible for every decision concerning a patient. Deep Talk bears no responsibility for decisions you take in the exercise of your profession.
7. Acceptable use
7.1. You agree not to:
- submit data that identifies a patient or any other individual, in breach of Article 8;
- use the Service to provide medical care to a specific patient as a substitute for your own clinical assessment;
- present the Output to patients or third parties as validated medical advice, or without disclosing that it was AI-generated where that matters;
- attempt to circumvent technical restrictions, reverse-engineer, decompile, scrape, or extract the Service’s underlying models, prompts or databases;
- use automated means to access the Service beyond any API we make available to you, or use it to build a competing service or to train a machine-learning model;
- resell, sublicense, or otherwise make the Service available to third parties;
- submit content that is unlawful, defamatory, or infringes third-party rights, including intellectual property rights;
- upload malicious code or take any action that compromises the security or availability of the Service; or
- use the Service in breach of any law, professional code or contractual duty applicable to you.
7.2. We may suspend access immediately where we reasonably believe these rules have been breached, or where continued access presents a risk to patients, to other Users, or to the security of the Service.
8. Patient data and professional secrecy
8.1. MARCO processes scientific literature, not patient records. You must not enter names, identifiers, national health or insurance numbers, addresses, dates of birth, images, or any other information that allows a patient to be identified directly or indirectly. Clinical details must be pseudonymised or aggregated before submission.
8.2. You remain bound by professional secrecy (in France, Article L. 1110-4 of the Public Health Code and Article 226-13 of the Criminal Code, and their equivalents in your country of practice). Nothing in these Terms relieves you of that duty.
8.3. If your institution has entered into an Enterprise Agreement permitting the processing of patient data, that processing is governed by the data processing agreement concluded under Article 28 GDPR, under which your institution acts as controller and Deep Talk as processor.
8.4. If you submit identifiable patient data outside such an agreement, you do so in breach of these Terms and you are responsible as controller for that processing. We may delete such data without notice.
9. Intellectual property
9.1. Our rights. The Service, its software, interfaces, models, prompts, databases, trade marks and documentation remain the exclusive property of Deep Talk and its licensors. Nothing in these Terms transfers any ownership to you.
9.2. Your licence. We grant you a personal, non-exclusive, non-transferable, revocable right to use the Service for your own professional purposes, for the duration of your Account.
9.3. Your Content. You retain all rights in your Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce and process it strictly as necessary to operate the Service, provide support, ensure security and comply with our legal obligations.
9.4. Output. As between you and Deep Talk, you may use the Output for your professional purposes. We make no representation that the Output is original, and identical or similar Output may be generated for other Users. The Output may incorporate or refer to third-party works, which remain subject to the rights of their authors and publishers; you are responsible for observing those rights, including any restriction on the reproduction of copyrighted articles.
9.5. Third-party sources. Access to a Scientific Source through the Service does not grant you any right over that source beyond what its own licence permits.
9.6. Feedback. Where you send us suggestions or feedback about the Service, we may use them freely and without compensation.
10. Personal data
10.1. Personal data is processed in accordance with our Privacy Policy, which sets out the purposes, legal bases, retention periods, recipients and your rights under the GDPR.
10.2. Nothing in these Terms limits or waives any right you hold under Regulation (EU) 2016/679, including the right to compensation under Article 82 GDPR and the right to lodge a complaint with the CNIL.
11. Partners and funding of the Service
11.1. The development and operation of MARCO may be funded in whole or in part by third parties, including [pharmaceutical companies, research institutions and other partners] (the “Partners”).
11.2. Partners do not receive your personal data and do not receive the content of your queries in a form that identifies you. Where we share usage insights with a Partner, we share only aggregated and anonymised information, from which no individual can be identified, whether directly or indirectly, by any means reasonably likely to be used.
11.3. Partners have no influence over the scientific content the Service returns. The Service does not condition access on your recommending, prescribing, purchasing or promoting any product.
11.4. We will disclose clearly and legibly within the Service any content that is sponsored, promotional or provided by a Partner.
12. Free access, benefits and transparency
12.1. Access to the Service is currently provided free of charge to eligible Users. We may introduce paid plans in the future; any charges will be notified in advance and will not apply to you without your acceptance.
12.2. Access to the Service is not granted in exchange for any consideration and does not constitute an undue benefit or inducement.
12.3. Where required by the regulations applicable to you, we will declare the provision of the Service in accordance with the French “anti-gift” regime (Articles L. 1453-3 et seq. of the Public Health Code) and the transparency obligations of Article L. 1453-1 of that Code, or their equivalents in your country of practice.
12.4. You are responsible for complying with the rules of your own institution and professional body concerning the acceptance of services or benefits, and for making any declaration those rules require of you.
13. Surveys and communications
13.1. We may invite you to take part in surveys or to receive scientific communications relevant to your specialty. Participation is voluntary, and you may unsubscribe at any time via the link in each message or through your Account settings.
13.2. Service messages that are necessary to operate your Account (security alerts, changes to these Terms, incident notices) are not marketing and cannot be opted out of while your Account remains open.
14. Availability of the Service
14.1. We aim to keep the Service available continuously but give no guarantee of uninterrupted availability. Access may be suspended for maintenance, updates, security reasons or events beyond our control.
14.2. We may modify, add or discontinue features. Where a change materially reduces the functionality you rely on, we will inform you a reasonable time in advance where practicable.
14.3. Where we discontinue the Service entirely, we will give you at least [30] days’ notice and a means of exporting your data.
15. Term, suspension and termination
15.1. These Terms apply for as long as your Account remains open.
15.2. You may close your Account at any time, without cost or justification, through your Account settings or by writing to contact@deep-talk.ai.
15.3. We may suspend or terminate your Account: (a) immediately, in the event of a serious breach of Articles 4, 5, 7 or 8, or where required by law; or (b) on [30] days’ notice, in any other case, including where we discontinue the Service.
15.4. Except in cases of urgency or where prohibited by law, we will notify you of the reason for a suspension and give you an opportunity to respond.
15.5. Termination does not entitle you to any compensation. Articles 6, 9, 10, 16, 17 and 21 survive termination.
16. Warranties and disclaimers
16.1. We provide the Service with reasonable care and skill, using recognised scientific sources and applying the security measures described in our Privacy Policy.
16.2. To the fullest extent permitted by law, and without prejudice to Article 17.1, the Service is otherwise provided as is. We do not warrant that the Output will be accurate, complete, current or fit for any particular clinical purpose, nor that the Service will be free of errors or interruptions.
16.3. Nothing in this Article excludes the warranties that French law makes mandatory, including the guarantee against hidden defects.
17. Liability
17.1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, for gross or wilful misconduct (faute lourde ou dolosive), for breach of our data-protection obligations under Article 82 GDPR, or for any other liability that cannot be excluded by law.
17.2. Subject to 17.1, we are not liable for:
- clinical or professional decisions you take, whether or not informed by the Output;
- your use of the Output without verification against the primary Scientific Sources;
- your breach of professional secrecy, of Article 8, or of any rule applicable to your profession;
- indirect or consequential loss, loss of profits, loss of opportunity, loss of data not attributable to us, or reputational harm; or
- interruptions attributable to your equipment, your network, or a third-party service.
17.3. Subject to 17.1, our total aggregate liability arising out of or in connection with the Service is limited to €1,000.
18. Indemnity
18.1. You agree to indemnify Deep Talk against any third-party claim, and any resulting damages, costs and reasonable legal fees, arising from: (a) your breach of Articles 4, 7 or 8; (b) your submission of identifiable patient data in breach of Article 8; or (c) acts you perform in the exercise of your profession.
18.2. This indemnity does not apply to the extent the claim results from our own breach, negligence or wilful misconduct. We will notify you promptly of any claim, will not settle it without your agreement, and will allow you to participate in its defence.
19. Changes to these Terms
19.1. We may amend these Terms to reflect changes to the Service or to applicable law.
19.2. We will notify you of any material change by email or within the Service at least 30 days before it takes effect. If you do not accept the new version, you may close your Account before that date; continued use after the effective date constitutes acceptance.
20. Force majeure
Neither party is liable for a failure to perform caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code.
21. Governing law and disputes
21.1. These Terms are governed by French law.
21.2. Before any legal action, the parties will attempt to resolve the dispute amicably. You may write to legal@deep-talk.ai setting out your complaint; we will respond within [30] days.
21.3. Professional Users. Any dispute that cannot be resolved amicably falls within the exclusive jurisdiction of the courts of Paris, France, including in the event of multiple defendants or third-party proceedings.
21.4. Consumers. If, notwithstanding Article 4.1(c), you are held to be acting as a consumer, you retain the benefit of the mandatory provisions of the law of your country of residence and may bring proceedings before the courts of that country. You may also use the consumer mediation service [name and address of the mediator] free of charge, or the European Commission’s online dispute resolution platform.
22. Miscellaneous
22.1. Assignment. You may not assign these Terms. We may assign them to a successor entity, subject to the protections set out here.
22.2. Severability. If any provision is held invalid, the remainder stays in force and the invalid provision is replaced by a valid one of equivalent economic effect.
22.3. No waiver. Our failure to enforce a provision is not a waiver of it.
22.4. Notices. We contact you at the email address in your Account. You contact us at contact@deep-talk.ai.
22.5. Entire agreement. These Terms, together with the Privacy Policy and any Enterprise Agreement, constitute the entire agreement between us regarding the Service.
22.6. Language. These Terms are published in English and Spanish.
23. Contact
Deep Talk SAS — 149 Avenue du Maine, 75014 Paris, France
General: contact@deep-talk.ai · Privacy: privacy@deep-talk.ai · Security: security@deep-talk.ai
Contact form: www.info.marco.care/contact