GENERAL TERMS AND CONDITIONS OF USE
1. CONTRACTUAL OBJECT
The purpose of this Contract is the provision of services by the contracted Company, which consists of monitoring heartbeats and other signals that are generated by the contracting user’s smartwatch, as well as alerts and reports, via the WhatsApp application, informing about any change in the monitored frame.
On the other hand, the Contracting User will pay the Contracted Company for the services provided, as will be established in these terms.
2. OBLIGATIONS OF THE CONTRACTING USER
2.1. The User must be at least eighteen (18) years of age, in civil capacity, declare and guarantee that the information provided is true and that he has read, understood, agreed and is fully in accordance with the provisions of these Terms.
Attention: User under 18 (eighteen) years of age and or incapable, said Term must be signed with the consent of their legal guardian.
2.2. For the contracting of the services, the Contracting User must create an account informing the necessary data, providing true, correct, updated and complete information contained in the link https://drmonitora.pt/, as well as update them when requested by the Contracted Company, under penalty of liability under the terms of the applicable legislation in force.
2.3. The Contracting User declares to be aware that the services provided by the contractor under no circumstances exclude the importance and the need for a diagnosis and specialized medical care.
2.4. Contracting User declares to be aware that, for the operation of the services provided by the Contracted Company, it must follow the rules determined in these Terms regarding the availability and updating of data, as well as the form of use of the services provided, and that non-compliance with such rules may result in the termination of the Contract.
2.5. The User declares to be aware that access to the platform is personal and non-transferable, and the Contracting User is responsible for maintaining the confidentiality of such data, as well as for all activities that occur through the use of their Access Data.
2.6. In this sense, the User undertakes to immediately notify the Contracted Company of any unauthorized use of their Access Data or any other breach of security, including, but not limited to, the loss, loss or theft of their Access Data, as well as any technical problem that hinders and prevents the operation of the services.
2.7. The Contracted Company shall not be liable for any loss or damage arising from any failure of the Contracting User to comply with the provisions of this section.
2.8. The non-payment of the services provided by the Contracted Company will result in the Contracting User paying a fine of 10% on the amount not paid in the period and default interest of 1% (one percent) per month, plus monetary correction by the IGP-M, which will affect the date of default until the effective payment of the debt.
2.9. User declares to be aware of these Terms of Use, paying attention to all the rules and policies related to it, including its specific rules, restrictions of use and other procedures or conditions before effecting the contract.
3. OBLIGATIONS OF THE CONTRACTED COMPANY
3.1. The Contracted Company undertakes to comply with the clauses contained in these Terms.
3.2. In case of non-payment by the Contracting User, the Contracted Company may cancel the services provided, upon simple notice to the User, as well as make the collection plus fair and fine provided for in this Term, and may enter the data of the
Contracting User the Credit Protection agencies.
3.3. The Contracted Company will depend on the data provided by the Contracting User, as well as on the use of the smartwatch or smart bracelet (which must be purchased separately by the Contracting User, that is, it will not be provided by the Contracted Company) so that it can perform the service of monitoring the heartbeat and other signals, for the purpose of alert, in real time, via WhatsApp application, about the changes in your health status.
3.4. This analysis will be through an ECG report, being carried out by an Artificial Intelligence software in a maximum of 5 minutes.
3.5. Composing the means for better analysis of the reports, the Contracted Company Dr.monitora was created by renowned cardiologists, who, with the exception, will provide services directly to the Contracted Company, not providing care directly to the Contracting User.
3.6. The Contracted Company does NOT guarantee the detection of pathologies, as well as there is no 100% (one hundred percent) guarantee of detection of heart diseases, such as infarction.
4. OPERATION
For the use of the services described in these Terms, the Contracting User shall:
4.1. For Connection, the Contracting User must have a smartwatch or smart bracelet, as described in the access link https://drmonitora.pt/.
4.2. To obtain the ECG Report, the Contracting User must obtain any device that can generate the ECG and share. Ex: Apple Whatch, Galaxy Whatch, etc.
4.3. The Contracting User must CREATE AN ACCOUNT through the access link https://drmonitora.pt/, choose a plan according to his need and with the payment method available on said website to start the monitoring services.
4.3. Considering the procedures listed above, the Contracted Company will monitor the main health data and alert, in real time, via WhatsApp application, the changes in the health status of the Contracting User through information coming from the smartwatch and combined with the Dr.monitora protocol, that is, the Contracted Company.
4.4. The Contracted Company will generate alerts and reports to warn of any change in the monitored framework.
5. PLANS, AMOUNTS AND FORMS OF PAYMENT
5.1. The Contracted Company offers 5 (five) models of Plans, which are:
5.2. FREE PLAN
Composed of: 1 (one) Monitoring profile, Access to dashboards and Email Support.
5.3. INDIVIDUAL PLAN
Monthly value: R$ 39.90 (thirty-nine reais and ninety cents) per month. Composed of: 1 (one) Monitoring profile, 2 (two) Contacts for shooting, 5 (five) ECG reports via AI and Email Support.
5.4. FAMILY PLAN
Monthly Value: R$ 89.90 (eighty-nine reais and ninety cents) monthly. Composed of: 4 (four) Monitoring profiles, 3 (three) Contacts for shooting, 5 (five) ECG reports via AI by monitored and Support by email.
5.5. PREMIUM PLAN
Monthly Value: R$ 999.00 (nine hundred and ninety-nine reais) monthly. Composed of: 10 (ten) Monitoring profiles, 6 (six) Contacts for shooting, 20 (twenty) ECG reports via AI by monitored and Support by WhatsApp.
5.6. BUSINESS PLAN
Considering the specificity of the plan, the monthly values and their composition such as number of monitoring profiles, number of firing contacts and number of ECG reports, will be to be combined with the Contracting User. Thus, a Term of Amendment will be made composing such specifications not changing the other clauses contained in this Term.
5.7. In relation to the payments of the amounts as consideration for the services provided, the Contracting User may opt for payment via Credit Card or PIX.
6. OF THE GENERAL PROVISIONS
6.1. The contracting User declares to be aware that the operations that correspond to the acceptance of this Agreement, certain conditions and options, as well as eventual termination of this instrument and other changes, will be recorded in the databases, along with the date and time they were carried out by the User, and such information may be used as evidence by the parties, regardless of the completion of any other formality.
6.2. In the use of the contracted services, this does not include, Internet access, nor installation of its applications on mobile devices. In this way, it will be the full and exclusive responsibility of the Contracting User to obtain, independently and at their own expense, the devices described in these Terms and the services necessary to guarantee their connection to the Internet that provides access to the Services.
6.3. The Contracted Company is not responsible for any damage and/or loss that the Contracting User may suffer due to the erroneous settings entered by the User.
6.4. The Contracted Company is not responsible for any errors and / or failures presented by the SOFTWARE that have due to problems in the computers, and or mobile devices or in the network used by the User, being certain that, in these cases, the User assumes all responsibility for the error and / or failure presented.
6.5. The Contracted Company is responsible for keeping all the information of the data and personal information of the Contracting User, as well as access records, in secrecy, being stored in a secure environment, respecting the intimacy, private life, honor and image of the User, in accordance with the provisions of Law No. 12,965/2014 and the Privacy Policy.
6.6. The Contracted Company is not responsible for failure of operation, operation by unauthorized persons or any other cause in which it is not at fault, as well as problems arising from fortuitous cases or force majeure, under the terms of the legislation.
6.7. The Contracting User expressly declares and guarantees that it will not use the SOFTWARE for illegal purposes, will not convey information about illegal activities and incitement to crime, will not transmit pornographic material, will not disclose information regarding the piracy of the software, will not disclose material protected by copyright or confidentiality without the authorization of its owners, will not impersonate another person, company or entity, will not modify, adapt, reverse engineer the SOFTWARE, obtain or attempt to gain unauthorized access and will not interfere with the normal operation of the Infrastructure.
6.8. The Contracted Company reserves the right to immediately suspend or block the User’s access to the platform and to remove any information or data that it considers a violation of any of these General Terms.
6.9. The User agrees that the Contracted Company may disclose the execution of this instrument for commercial purposes, and may also disclose messages sent in written or oral form, by telephone, for use in websites, newspapers, magazines and other campaigns, even after the termination of these Terms.
7. UPDATING AND CUSTOMIZING THE SOFTWARE
7.1. The Update of the SOFTWARE comprises all changes of programs and their respective documentation that the Contracted Company may create and that makes it necessary for its updating, complementation or reprogramming, aiming at improvements or installation of new operations or by changes in legislation.
7.2. The divergent interpretations by the Contracting User when implemented, will be considered as Customizations of the SOFTWARE, and the Contracted Company will not be obliged to implement changes solely and exclusively based on the evaluation of a User.
8. TERMINATION OF CONTRACT
8.1. The parties may terminate this Term at any time upon simple notice.
8.2. The Contracted Company reserves the right to terminate the contract, restrict or suspend the use of the services by the User, upon simple notification, at any time, whenever the use of the services violates these Terms and in the form of the License Agreement.
8.3. The User expressly authorizes the Contracted Company to keep in its register the information provided by it, as well as authorizes to provide the information contained in said registration to public authorities that request it as permitted by the legislation in force and to its strategic, commercial or technical partners, in order to offer better conditions of promotions and / or content, provided that it does not individualize users and business establishments, under the terms of the Privacy Policy.
8.4. In case of non-payment by the Contracting User, the Contracted Company may cancel the services provided, occurring the Contractual Extinction, by simple notice to the User, as well as make the collection plus fair and fine provided for in this Term, and may enter the data of the Contracting User the Credit Protection agencies.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. All rights and intellectual property, technology, programs, flowcharts, improvements, adaptations, technical documentation and other functionalities will remain the exclusive property of the Contracted Company in the qualification of this Agreement, even if it develops new functionalities at the request and remuneration of the Contracting User. Thus, the copyright and other intellectual property rights related to the same are the same as those conferred on literary works, in accordance with the copyright legislation in force in the country, as expressly determined by Article 2 and Paragraphs of Law 9,609/98.
9.2. Through these Terms, the User is granted only the right to use the technology in question, without the need for the presentation or supply of the source code or internal structure of the product.
9.3. The User also agrees that it will not use any robot or other automated devices or manual processes to monitor or copy content of the service, under penalty of being liable to the Contracted Company for the losses and damages it causes, including legal fees, when necessary for the defense of the interests of the Contractor.
9.4. The Contracted Company reserves the right to modify, suspend, terminate or discontinue any aspect of the SOFTWARE at any time, including the availability of any Services, information, features or functionalities, as well as to impose limitations on certain features, functionalities or services or restrict the User to parts or all of the SOFTWARE, upon prior notice.
9.5. The Contracted Company reserves the right, at any time or title, to control and/or change the appearance, development and/or operations of the SOFTWARE at its sole discretion, as well as to establish and modify the procedures for contact between the parties, without the need for prior notification.
9.6. Any violation of the copyright of the SOFTWARE will result in a fine in the amount of 100 (one hundred) times the monthly value of use of the SOFTWARE, regardless of losses and damages determined judicially and criminal interpellations.
10. DATA PROTECTION
10.1. The Contracted Company, by itself and by its employees, undertakes to act in this Agreement in accordance with the current Legislation on the Protection of Personal Data and the determinations of regulators/supervisory bodies on the matter, in particular Law 13.709/2018, in addition to the other rules and data protection policies of each country where there is any type of processing of customer data, which includes its customer data. In the handling of the data, the Company shall:
ITEM 1 – To process the personal data to which it has access only in accordance with the instructions of the User and in accordance with these clauses, and that, in the event that it can no longer comply with these obligations, for any reason, it agrees to formally inform the User of this fact.
ITEM 2 – Maintain and use appropriate and sufficient administrative, technical and physical security measures to protect the confidentiality and integrity of all personal data held or consulted/transmitted electronically, to ensure the protection of such data against unauthorized access, destruction, use, modification, disclosure or accidental or improper loss.
ITEM 3 – Access the data within its scope and to the extent covered by its access permission (authorization) and that the personal data cannot be read, copied, modified or removed without the express written authorization of the User.
ITEM 4 – Guarantee, by itself or any of its employees, agents, partners, directors, representatives or contracted third parties, the confidentiality of the data processed, ensuring that all its employees, partners, directors, representatives or contracted third parties who deal with personal data.
10.2. If the Contracted Company is obliged by legal determination to provide personal data to a public authority, it must inform the User in advance so that it may take the measures it deems appropriate.
10.3. The Contracted Company shall notify the User within 48 (forty-eight) hours of:
ITEM 1 – Any non-compliance with the legal provisions regarding the protection of Personal Data by its employees, or authorized third parties;
ITEM 2 – Any other breach of security within the scope of the activities and responsibilities of the Contracted Company.
11. FORUM OF ELECTION
11.1. This contract will be governed by Brazilian law, electing the parties the Forum of São Paulo/SP, as the only competent to know and resolve any issues arising from this Agreement, with express waiver of any other, however privileged it may be.
11.2. These Terms of Use and all relationships arising therefrom are subject to the laws of the Federative Republic of Brazil.