Terms of Use Heart Care

These are the Terms of Use ( "Terms of Use") of Heart Care Tecnologia em Saúde Ltda. ( "Heart Care" or "Application"), and regulate access to and use of services and features of the Application ("Services"), for you ( "User" or "Users").

By continuing to access the Application, you are expressly agreeing to the content of these Terms of Use, which represents a contract between you and Heart Care, and you agree to be bound by these rules and conditions to access the Application and its Services.

Access to the Services and the possibility of interaction between Users implies the full understanding, acceptance, legitimacy and binding of these Terms of Use, representing in this way a balanced relationship between the Application and the Users, who adhere to the Services and these Terms spontaneously.

Please read carefully the conditions below so that you can use all the features of Heart Care, thus obtaining the best experience of use. Aware that the Terms of Use represent an agreement between you and the owner of the Application.

Heart Care is a digital platform for health monitoring and collaborative relationships, owned and operated by Heart Care Tecnologia em Saúde Ltda. ("Administrator"), a company incorporated under the laws of Brazil, enrolled in the tax registry under the number 28.570.396/0001-21, which has its own algorithm that allows to perform the measurement of the heart rate of the Users, in addition to other functionalities described below.

The Application is intended for the general public, who has an interest in monitoring heart health and / or accessing the contents and other functionality of the App.

Access to the Services will depend on the previous registration of the User, and will be controlled by a personal and non-transferable password, which can not be shared, according to the terms and conditions specified below, and submitting fully to current Brazilian law.

User Registration, Security and Privacy

Registration and access to the Application are entirely free to Users, who must correctly fill in all the mandatory fields of registration.

The User undertakes to keep updated all his / her registration data, to have a better experience of using the Services.

Each User may open a single registration, being prohibited the maintenance or use of more than one register with the Application, even if with another name and registration data.

Heart Care undertakes not to use the cadastral information provided by the User for the performance of any illegal activities, but only for those expressly permitted by the Brazilian law and this agreement.

Heart Care guarantees that any confidential personal information provided by the User, while not made public by it, will be treated as sensitive information, and can be used only as metadata ("anonymous data") to serve as a subsidy for statistical studies of the health market.

Heart Care is hereby authorized, taking advantage of the User's registration information, send you relevant information, as well as to question about the relevance of these, so the Application can always improve and customize the experience of each User within the App environment.

The User is fully responsible, according to the law, for the truthfulness and accuracy of the information provided in his / her register, so that any attempt to create false identity, age, e-mail address, etc. will be considered a violation of the law and these Terms of Use, enabling the immediate termination of this agreement, unilaterally, by the Administrator, without prejudice, furthermore, to the determination of any losses and damages caused to the Administrator or to third parties, and criminal measures such as the determination of a crime of ideological falsehood, among others.

Heart Care reserves the right, without prior notice, to effect the suspension or termination of the relationship with any User, if at its sole and subjective discretion, identifies any untruthfulness of registration data needed to access the Application.

The registered Users agrees to immediately inform Heart Care, any suspicion of improper or unauthorized use of their password or registration data by third parties, through the e-mail contact .

Once the registration requirements have been met, and after completing the same, Heart Care grants you a non-definitive, non-exclusive, non-transferable, revocable and limited license (without the right to sublicense) to download, install, access and use the Application only on devices that you own or control, solely for your personal use and subject to the limitations set forth in these Terms of Use.

This limited license is restrict to the intellectual property rights of Heart Care and its licensors and does not include any intellectual property rights of any third party. The limited rights granted to you to access and use the website and the Application make up a limited license and do not include the sale of any software programs. Heart Care reserves all rights not expressly granted to you in accordance with these Terms of Use as a User.

Application features, activities, and objectives

Heart Care is a digital platform to provide tools for monitoring, storing information, and accessing motivational, educational, and informational content on health care and heart care topics.

Through the features of the Application, Users will be able to:

Capture and measure your heart rate through gadgets or your own phone;

Inform the context of your day and your heart health by telling how you feel and what you were doing when measuring your heart rate;

Access your heart rate history by viewing all the measurements you have taken;

Record the contact of people in your relationship as emergency contacts, who can immediately know that the User needs some help;

Insert your appointments in the calendar, to have a simple and easy way to control your medication schedule, including the type of medication, dosages, days and times;

Use the App calendar to organize exams schedules and medical appointments;

Have access to information on key symptoms of heart health issues, and stimulating content to inspire a healthy lifestyle, well being and self-esteem.

At any time, new content, tools and functionality may be added to the Application, as well as excluded from existing ones, without prior notice to the User. These new contents and tools will be automatically linked and subject to all the conditions of these Terms of Use.

Use of the Application over time will enable Heart Care to conduct behavioral, social, scientifically-based analyzes to analyze various types of repercussions, efficacy and impacts of drug use, and medical treatments.

Heart Care whenever you receive notifications of abuse made by any User, or violation of the Terms of Use, copyright or the law, may at any time, without the need to inform you in advance, to suspend or exclude, temporarily or permanently, the user profile that has made such violations.

Copyright

All the technology and services found in the Application (texts, images, audios, software, technology, logos, slogans, trademarks, advertizing expressions, domains, commercial names, intellectual works, etc.), as well as the software that enables the activities, are the exclusive property of the Administrator, who owns all copyrights, licenses and property rights, trademark or patent related thereto.

Any violation of property rights will result in the direct and personal responsibility of the User or responsible person, who will be responsible for the acts practiced under the law, with the application of applicable sanctions in the civil and criminal spheres as well as the determination of damages.

The User undertakes not to reproduce, duplicate, copy or exploit the services provided and / or software used or material made available by Heart Care, for any commercial purpose of self-interest, other than previously expressly authorized by the Administrator.

No liability of any kind, whether for accessibility, veracity, legality of the content or any other, may be attributed to the Administrator, whenever any User, through the Application, enter into Sites or Links owned, administered or controlled such as sponsors, partners, service providers, etc.

The User is strictly prohibited from: a) using the activities of the Application for any commercial purpose, by sending advertising, communications, notices, institutional correspondences, advertisements or any other material of a similar nature; b) sending any species of files or material with viruses that may cause damage to the Software or to the hardware of other Users; c) perform, or attempt to perform, any type of attack or invasion of the Application software.

Exclusion of Administrator's Responsibility

The Administrator will use their best efforts to keep the Software accessible, consistent, uninterrupted and free of any errors. The User acknowledges and accepts, however, that the Administrator does not assume the obligation to verify or keep updated all the information made available in the Application and will not be responsible either:

a) For the impossibility of access to the Application or failure to communicate with the Application due to:

I) any defects or inadequacy of the equipment used by the User to access the Application, including, but not limited to, software, hardware, processing systems and any network connections; II) inability of the User to operate their equipment; III) lack of understanding of the instructions contained in these Terms of Use; IV) failures in the World Computer Network (Internet) and Providers; V) failures in the systems, software and / or hardware of the Administrator; VI) deliberate interruptions made by the Administrator, for any reason; VII) interruption of the activities of the Administrator; VIII) fortuitous events or force majeure.

b) For any damages caused by installation performed by the User (download) for its own equipment, any electronic files existing or made available in the Application, either by the Administrator, other Users or third parties;

c) For any damages to the User due to improper and / or malicious use by third parties;

d) For any damages resulting from improper use of the User's password by third parties;

e) For technical feasibility of effective sending of information to the Application due to the impossibility of access or failure of communication attributable to the Administrator or by ordinary or extraordinary failures, especially those that may result in loss of data and information previously obtained and stored, flow information to be obtained, maintenance of the User's registry with the Application, as well as for momentary or definitive interruptions in the Services;

f) Whether civil or criminally for the visual, auditory or textual content inserted in the Application by Users, which are the sole responsibility of the User who sent or published them.

g) For acts of third-party bad faith that invade the Application software, such as hackers, to access the registration and personal data provided by the User and are used illicitly thereof for any purpose. The Administrator declares that has reasonable care to prevent system invasion, but is not responsible and can not be held responsible for the inviolability of the system.

h) For non-compliance by Users to the rules of the law or these Terms of Use, which may cause harm to third parties and / or other Users.

Term, Termination and Modification of Clauses

These Terms of Use will be valid for an indefinite period of time, or during the period in which the Application is making its Services available. The Administrator, however, reserves the right at any time, without any liens or prior notice, to terminate his activities or limit the use of its Services.

The Administrator reserves the right to block access and terminate without immediate notice the present Terms of Use, whenever, in its sole discretion, it is understood that there is evidence of fraudulent or unlawful use of the Application by any User. This includes, but is not limited to, any evidence (at the sole and subjective discretion of the Administrator) that the User has effectively or attempted to have tampered with or tampered with the site or the App's security system.

The Administrator may also immediately terminate the agreement with the respective User, preventing even the re-registration of the latter, which in its sole and subjective discretion, has in any way acted against the morality, ethics, good customs, law, provisions of this instrument.

Either party may irrevocably terminate this agreement by electronic or written communication, without giving the other party any right to claim or indemnify, except as specifically set forth in these Terms of Use.

In the event that termination has been effected by the User, the User may, at any time, request its reactivation, provided that it completes a new registration.

If, however, the termination has been effected by the Administrator, it reserves the right, in his sole discretion, not to accept a new request for registration of the same User.

In all cases of any User account exclusion, by termination motivated by any of the parties, the information, images, texts, files and any data contained in the Users' profiles will be totally lost, and neither the User nor the Administrator, shall not be liable for any kind of indemnification or compensation, or the right to request the recovery thereof, since all the information of each User is permanently deleted at the time of the exclusion of his / her account from Heart Care.

Heart Care reserves the right, at any time, to amend the provisions of this Agreement, without prior notice to the Users.

Penalties

Failure to comply with any of the terms and conditions of these Terms of Use by the User may result in penalties to be imposed on the User by the Administrator.

The penalties that may be imposed by the Administrator, in their sole discretion and independent of justification, whenever the User has committed a violation of the law, the rights of third parties or other Users, or these Terms of Use will be:

a) Warning - The Administrator shall forward to the User's e-mail a warning message, when a minor infraction is found, to the rules of the community, at the discretion of the Administrator.

b) Suspension - The Administrator may suspend the User's access to the Application for a period of 3 (three) to 30 (thirty) days, whenever it identifies the occurrence of a serious violation, to the community rules, according to the criteria of the Administrator.

c) Exclusion - The Administrator will exclude User from the Application, definitively prohibiting his / her new access to the Application, whenever this has affected a serious infraction, to the rules of the community, at the discretion of the Administrator, such as discrimination, abuse or attempted abuse, or illegal activities.

The above penalties do not exempt the infringing User from responding civil and criminally for their acts, before the Administrator, Users or third parties harmed.

General conditions

The User, when registering, expressly accepts all the Services that exist and that may exist in the Application, recognizing them as innocent, in good faith and non-offensive, accepting its rules, instructions and conditions contained in the Application itself , in an absolute and unrestricted manner, ensuring that you will not feel in any way outraged, offended or harmed by them.

If Heart Care create any new functionality, which in some way the User does not consider it in the way described above, that is, believe that you may feel offended or harmed by the existence of the same, the User is required to inform the fact immediately to the Administrator, freely and immediately terminating this Agreement.

Any extrajudicial or judicial claim that may be made against the Administrator, due to non-compliance or breach of any clause or provision of these Terms of Use, will oblige the User to answer in full and, if applicable, regressively, for all losses and damages caused to the Administrator and / or third parties.

Access to the Application and to the Services will be exclusively carried out through the application stores on the iOs and Android operating systems, searching for the name Heart Care, or by directing to these application stores, made through links from the Administrator's website, exclusively http://heartcare.life.

In this way, the Administrator will not be responsible for any access of the User to other applications, even if they appear with the same characteristics of Heart Care and / or claim to be the original.

All rules, instructions and guidelines submitted to Users during the use of the Application shall form an integral part and complement to this agreement.

If there is any contradiction between the rules, instructions, guidelines and sparse conditions throughout the use of the Application and these Terms of Use, the latter will prevail over those.

The omission or allowances of Administrator to require strict compliance with the terms and conditions of this agreement shall not constitute in any case novation or waiver, or affect their rights, which may be exercised at any time.

Heart Care is a technology service operated from Brazil and has been developed and structured in accordance with current legislation, especially regarding access to and use of User data, and the way of protecting your privacy. Heart Care is also in compliance with all the practices of GDPR and is also HIPAA compliant.

The use of Heart Care does not replace medical care, clinical examinations, or follow-up by specialized professionals.

The provisions of these Terms of Use shall prevail over any other understandings or any agreements previously entered into by the parties.

If you have any questions about these Terms of Use, or the Application, please contact us at [email protected]