Therefore, it is important that the User dedicates time to carefully read this Term, which may change at any time, as many as necessary, which is why Quoretech encourages that, at each occasion of using the services, this document is revisited.
I - DEFINITIONSQuoretech:
It is a Brazilian company that has developed a diagnostic ecosystem (" Quoretech System ") that allows tests to be performed to detect cardiac arrhythmias, reducing the time between diagnosis and medical management in cardiovascular diseases, consisting of the following tools:QuoreOne:
Device (Hardware) consisting of a cardiac monitor that, once fixed to the patient's body by means of electrodes, collects and records ECG information and can even, when operated in online mode, transfer this information to the QuoreApp application;QuoreApp:
Application (Software) required to set up exams on the QuoreOne device . When the exam is performed online, in addition to receiving the data sent by the device and relaying it to the report platform, the application allows the collection of complementary data with the patient, during the cardiac monitoring exam period;QuoreAI:
Platform (Software) of reports in which the ECG signals of the exams transferred via QuoreApp are finalized, through medical professionals who will proceed with the report, called Speakers.User:
These are healthcare professionals, hospital and / or laboratory teams, multiprofessionals, referees and patients.User Registration:
In order to use the Quoretech System , the User's personal registration will be carried out , which must be duly registered and validated, in order to be able to access the services through a personal login and password.
The Professional Users Doctors should require access through pre-register the application or site quore.tech
, including informing their professional identification. Once the legitimacy of the professional identity has been validated, in the correct exercise of the profession, with the Quoretech support team email@example.com
, the User will receive an email with the login information to complement the registration and qualification for using the services;
The Patients Users must request their registration in the application, which will be validated by e-mail to be sent after the access request.Login:
Refers to the name and password provided by the User when registering to use the Quoretech System.Password:
Character set created and used by the User to access and use the Quoretech System.Personally Identifiable Information:
Personally identifiable information (personal data) is considered to be information such as names, addresses, telephone numbers or e-mail addresses, the IP system (device identifier), provided by the User to Quoretech during registration in the application or on the quore.tech website, as well as the information collected and recorded by the QuoreOne device , received by the QuoreApp and relayed to QuoreAI for finalization of the reports.IP Address:
It is the numerical string that identifies the device originating from the communication, such as the operating system of the User's device and the type of browser.
II - OBJECT
2.1. The Quoretech System aims to provide technological tools to assist practices related to the medical profession, specifically with regard to conducting tests for the detection of cardiac arrhythmias, with the possibility of real-time monitoring, started with the installation of the QuoreOne device directly in the doctor's office adhering to the services, reducing the time of the stages of the process between diagnosis and medical management in cardiovascular diseases.
III - CONDITIONS AND RESPONSIBILITIES RELATED TO THE USE OF THE QUORETECH SYSTEM
3.1. To use the Quoretech System the User must:
(i) Be over 18 (eighteen) years old and be fully capable;
(ii) Being a trained doctor, with active CRM, if a Medical Professional User;
(iii) Have an internet connection, including remote. The costs related to accessing the internet connection will be borne by the User;
(iv) Commit to make good use of the Quoretech System , agree and comply with the provisions of this Term, as well as respect the legislation in force in the Brazilian territory and codes of conduct, under penalty of interruption in the provision of services when observed improper conduct, which violates the rights and laws to which the services offered are governed. The acceptance by the User the bind automatically the rights and obligations contained therein;
(v) Perform the registration of the required data, being responsible for the veracity and for the information entered / registered.
(vi) Read the QuoreOne instruction manual in its entirety before starting the first use of the product, as well as at any other time to resolve any doubts arising from its application and use.
3.2. It is NOT allowed and the User will NOT be able to:
(i) Perform more than one registration by CRM or assign your registration to another professional, if a Medical Professional User;
(ii) Create a false identity or use subterfuge to deceive others or obtain benefits, as well as falsify, omit or simulate information and data;
(iii) Use the tools of the Quoretech System for illicit purposes and that are not in accordance with the precepts related to the medical profession and / or with the purpose proposed by Quoretech when the ecosystem was developed;
(iv) Transmit and / or disclose any material that violates the rights of third parties, including intellectual property rights, such as the use / copying of images and texts without proper authorization.
3.3. The User will answer civilly and criminally for the veracity of the information, including before third parties and must keep their data updated. The User who signs up on behalf of others and incur account for misrepresentation crime, as provided in the Brazilian Penal Code.
3.4. The sharing of data related to medical prescription for exams and treatments, as well as the acts resulting from the prescription and medical practice in compliance with the Medical Ethics Code are the exclusive responsibility of the Medical Professional User.
3.4.1. The User , both Medical Professional and Patient, is aware that Quoretech does not provide, nor will provide any service related to those provided or performed by health professionals, being restricted solely to the provision of services related to the intermediation activity, for through the offer of technology by which diagnostic examination services will be performed and, in the end, independently reported by medical professionals.
3.5. In the event of a finding of non-compliance with the conditions set forth herein, Quoretech may, at its sole discretion, issue a warning or suspend access to the Quoretech System , without prejudice to the application of other appropriate measures to determine the termination of the improper practice and / or seek repair of the consequences of this practice, being able to denounce the practices to public authorities, so that possible crimes are investigated for the misuse of the ecosystem.
3.5.1. Access to the Quoretech System may also be suspended by Quoretech in the event that the Medical Professional User , whether he is a doctor's office holder or a clinical laboratory, fails to make the payment provided for in the contract or to pass on revenue share , pursuant to the table in force at at the time of signing the contractual instrument, by examination approved and delivered.
IV - USER SECURITY
4.1. The Login and Password registered by the User are personal and non-transferable, and it is your responsibility to choose a secure password, as well as to keep it secret and to refrain from providing it to third parties. The User will be solely responsible for the use of the Quoretech System tools and all acts performed in his Login / Register. The Quoretech can not be civil and criminally liable if the data access are not kept secure.
4.1.1. To protect the confidentiality of your password, the User is recommended to:
(i) Not using a password that is linked to your basic personal data (such as name, email, date of birth), not letting your password be known by third parties, periodically changing passwords in order to better safeguard the security of your password and your data;
(ii) Observe, when finalizing your access, that you have effectively clicked on the “Logout” field of your account, in order to ensure that it is not accessed by unauthorized third parties;
(iii) Not informing your password to third parties by any means (e-mail, telephone or other), which includes Quoretech members and / or other Users , whether Medical Professionals or Patients;
(iv) If the User forgets his password, he must use the “I forgot my password” feature and the tool for setting a new password will be made available.
4.2. Any changes in the User Registration , as well as the exclusion as User , can only be made by the User himself through access to his Registration, through Login and Password.
4.3. It sheltered the Quoretech the right to request documents and / or data update whenever necessary for data verification and / or inconsistencies. If any inconsistency is detected, the Register may be blocked for verification and / or corrections, so that the interests of the parties are protected.
4.4. The User will be fully responsible for making sure that the configuration of his / her device / equipment is in line with security requirements, such as updated and secure antivirus and web browser.
V - INTELLECTUAL PROPERTY
5.1. The Quoretech is the sole and exclusive owner of all intellectual property rights, rights to trademarks and patents, or even any other copyright, pursuant to Law 9,609 / 1998, Law 9,279 / 1996 and Law 9,610 / 1998, respectively, on all and any material that is contained in the Quoretech System , whether or not registered with the competent bodies.
5.1.1. The use of Quoretech services does not guarantee Users , be it a medical professional or patient, the right to intellectual property or any other copyright on the intelligence components, data files, texts, programs and others that make up the integrated solution.
5.1.2. Likewise, all intellectual property rights of a patrimonial nature over concepts, layouts , images and figures, logo, know-how , research, artistic, scientific or literary creations, texts, expressions, methodologies, audiovisual works, translations, illustrations, drawings, photographs, processes, products, formulas, methods and improvements, or parts thereof, and yet, among others, computer programs, algorithms, subroutines, source codes, object codes, designs, any derivations, improvements and improvements either reduced to the tangible form, put into practice or not, and / or any other result arising from the performance of Medical Professional Users in contribution to the development and evolution of the Quoretech System , they are the exclusive property of Quoretech , being considered, for all legal purposes, created under its order.
5.2. Despite the fact that access to the tools is free, it is up to the User to respect the company's intellectual property, in accordance with the legislation in force in Brazil.
5.3. The license, now granted is limited, non-exclusive, without the right to sublicensing and the transfer of access and use to (i) access and use the Application and the Platform on your personal device, exclusively in connection with the use of its features and ( ii) access and use any content, information and related materials that may be made available through the functionalities in each case exclusively. Any other rights not mentioned here are reserved and unavailable.
5.4. It is expressly prohibited:
(i) Use of the Quoretech System tools for purposes other than those expressly provided for in this Term;
(ii) Modification, adaptation, licensing, copying, sale, assignment or any other form of distribution of the content contained in the areas of use of the ecosystem;
(iii) Preparation of derivative works, decryption, reverse engineering, violation of the source code of technological tools;
(iv) Manipulation of the Application and Platform system and / or its contents;
(v) Removal, concealment and / or alteration of watermarks, logos or other signs adopted by Quoretech , as they are all immaterial assets of exclusive ownership, as well as removal, alteration or obscuring of notices of copyright or trademarks or, further, other proprietary notices posted, contained or accessed.
VI - DATA COLLECTION, TREATMENT AND SHARING
6.1. The Quoretech , through its technology tools, collect and store personal data necessary for the legal identification User , as well as to provide access to services System Quoretech , entered by the User and which include, among others, name, height, weight, sex, e-mail, CPF, telephone, photo for registration purposes and results of exams performed with the method developed by Quoretech.
6.2. Information that cannot be identified, that is, information that does not make the User personally identifiable, and information that, in some way, has been anonymized, may be used by Quoretech for purposes of scientific or statistical research, with the purpose of provide samples, clinical and / or epidemiological characteristics of grouped users, to support or promote its services and products or any other purposes that Quoretech deems appropriate, always complying with the privacy statement and other applicable regulations, expressly prohibiting the sale of personal information, even if anonymized.
6.3. User information may be shared with health professionals who will access it through Quoretech channels and services , for the purpose of providing diagnostic services, as provided for in the provisions of this Term, and may also be shared in cases where business viability and / or Quoretech services with another company depends on this data supply or, also due to law and / or due to determination and / or legal process, as well as due to a request and / or request issued by police, regulatory and government agencies. Thus, by this Term, the User authorizes Quoretech to disclose the information for the purposes mentioned herein.
6.4. The Quoretech may also use technology to collect technical information automatically, regardless of the provision by the User , such as, but not limited to, internet protocol (IP) address, date and time information, features and accessed websites , characteristics of the access device, operating system of the equipment used and / or type of browser, in addition to the use of technologies such as cookies, for the improvement of the personalized diagnostic method, as well as to assist in the development of better services, improving the user experience and application and platform content.
6.5. The Quoretech ensures that in the event of being involved in corporate change of any kind, merger or sale of assets involving its database, it shall be maintained confidentiality of sensitive and personal information should notify users that they may, in timely, if so determined, to export and / or delete your data from the Quoretech System . If not, the User registration will become part of the successor company's assets.
6.6. The Quoretech keep the information storage of User just as it is with your active profile. At any time, however, the User may request the export or deletion of his personal information, through the e-mail in which his registration was made, directing the request by electronic message to firstname.lastname@example.org.
6.7. The User declares to be aware that Quoretech has implemented technological and administrative protections to achieve the highest possible information security expectation, in full compliance with the current legislation, above all, but not only, the General Personal Data Protection Law - LGPD, Law no. . 13,709 / 2018.
6.7.1. The Quoretech has servers allocated within and outside the country. All users are required to perform the authentication process at each login, either by password or by dynamic token. The data accessed by professional healthcare users, which aims to offer services within the ecosystem, are identified and encrypted from end to end, even when using third-party servers.
6.7.2. All those who have access to the information that travels through the Quoretech System , whether through the provision of services or otherwise, have a contractual obligation to maintain the safeguard of the information, committing themselves not to distort its use, in disagreement with the provisions this Term, in addition to guaranteeing medical conduct and confidentiality.
6.7.3 No security measure, however, is absolute and inviolable, terms in which Quoretech's liability for any damages and / or losses resulting from failures, viruses or invasions of the database is limited , except in the event that it has acted with intent or guilt.
6.7.4. In the event of a leak, corruption or breach of confidentiality due to a criminal act that may expose personal and / or sensitive data, Quoretech will inform all Users of the event through its communication channels and by e-mail.
VII - LIMITATION OF LIABILITY AND INDEMNITY
7.1. The Quoretech not warrant that the functions contained in the System Quoretech meet the needs of users , the application operation and the Platform will be uninterrupted or error free, that any functionality present permanent availability, that defects in the Application and Platform will be corrected or that the Application and Platform will be compatible with or work with any other third party applications or services.
7.1.1. The QuoreApp Application and the QuoreAI Platform are provided free of charge in the application stores and no warranty, implicit or explicit, of any kind, is offered in relation to their operation or the availability of information, and Quoretech is not , under any circumstances, responsible. for any damages resulting from the interruption of access to the Application or the Platform, regardless of the reason that causes this interruption, whether due to third party fault or not;
7.1.2. The Quoretech is also exempt from any liability arising from the misuse of the Application or the Platform, as well as from the damages and / or losses of any and all nature that may arise from the transmission, dissemination, availability, reception, obtaining or access to the Content and that arise, among others: (i) non-compliance with the law, morals, generally accepted good manners or public order; (ii) infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy, the image of people, property rights and any and all nature belonging to a third party; (iii) the performance of acts of unfair competition and illegal advertising; (iv) the lack of veracity, precision, accuracy,User ; (v) the inadequacy for any kind of purpose and misuse of the Application, the Platform, or the frustration, of the expectations generated by the Content; (vi) the interruption of access to the Application, regardless of the reason that causes this suspension, or the presence of harmful elements in the Application.
7.2. The Quoretech not respond under any circumstances, even jointly and severally or subsidiary for any:
(i) Losses suffered by the User , Medical Professional or Patient, due to personal decision-making, even if it was based on the information made available through the Quoretech System;
(ii) Losses suffered by the User resulting from data erroneously entered in the Quoretech System , causing eventual deviation in the final report, since the responsibility for imputing the information is unique and exclusive to the User , with Quoretech assuming the accuracy of the imputed data;
(iii) the Damage suffered User due to technical maintenance and / or operational requiring the temporary shutdown of the system or make it impossible to access or even holes in the operating program of the device QuoreOne , App QuoreApp and Platform QuoreAI , connectivity of the User with the internet for the use of the Application and the Platform, a virus that can attack the equipment due to the internet access, transfer of files, images and / or texts;
(iv) For any situations resulting from acts of God or force majeure and / or the conduct of third parties;
(v) Occurrence of death or any other damage to the health of the Patient User while he is using the QuoreOne monitoring device and / or any misunderstanding as to the nature of the Quoretech operation , which is restricted to the provision of technology infrastructure to enable a purely diagnostic service, without any assistance and / or emergency assistance.
7.3. The User agrees to defend, indemnify and hold Quoretech and its directors, employees and agents indemnified from and against any charges, actions or claims, including, but not limited to, reasonable attorney's fees, resulting from: (i) their possible use improper use of the Quoretech System , or (ii) the violation of the conditions now agreed.
7.4. In no event will Quoretech be liable for personal injury or any incidental, special, indirect or consequential loss, loss of profits, including, without limitation, loss of profit, corruption or loss of data, failure to transmit or receive data, no business continuity or any other commercial loss or loss, arising from or related to its use or its inability to use Quoretech System , for any other reason.
7.5. Considering that Quoretech only provides infrastructure and tools for diagnostic analysis, the responsibility for all obligations arising from the acts performed by the Medical Professional User , regardless of their nature, whether they are consumerist, labor, tax, or exclusive to medical practice, is exclusive for the Medical Professional User . Accordingly, Quoretech is not responsible for the content written and / or spoken by the Medical Professional User when using the Quoretech System functionalities.
VIII - AUTOMATIC MODIFICATIONS AND UPDATES
8.1. The content of this Term may be automatically modified, improved according to technological advances, at the discretion and scope of Quoretech and for better application of technical and legal security.
8.2. The User may consult the provisions of this Term at any time within the Application and / or the Platform on the "Terms and Conditions" screen. If the User does not agree with the new provisions, he can request the deletion of his Registration through the email email@example.com
.IX - TERM AND TERMINATION
9.1. This Term has an indefinite term, coming into effect on the date of formalization of electronic acceptance, which may be unilaterally terminated by Quoretech , without any burden, through simple communication through the Application or Platform itself.
9.2. At any time, when the User feels uncomfortable sharing his data with the Quoretech System , as well as deciding to cancel his consent for the data processing described in this Term, he may request the deletion of his Registration through the email firstname.lastname@example.org
.X - GENERAL PROVISIONS
10.1. There is no corporate, mandate, franchise or employment relationship between Quoretech and User . The legal effects of this Term are limited to what is expressly provided for.
10.2. If any provision of this instrument is found to be illegal, void or unenforceable for any reason, the remaining provisions will not be affected and will remain valid and applicable to the maximum extent possible.
10.3. The tolerance of one party towards the other regarding the breach of any of the obligations assumed in this Term will not imply in novation or waiver of right. The tolerant party may, at any time, demand from the other party the faithful and complete compliance with this instrument.
10.4. In case of suspicion of any irregularity in the Register and / or in the use of the Quoretech System , and / or doubts, complaints and suggestions, the User should immediately contact the support team by e-mail email@example.com
10.5. The Quoretech reports that may unilaterally, without prior notice, at any time, without having it charged any burden and / or penalty, fail to provide, cancel or suspend the use of all components of the system Quoretech , including gathering all QuoreOne devices.
10.6. The User , especially the Medical Professional User, cannot transfer his Registration to third parties or other Users.
10.7. The User fully agrees with the provisions of the present Term, committing himself to respect the conditions foreseen in an irreversible and irrevocable way, as well as to use in a profitable and legal way the tools made available through the Quoretech System.
10.8. This Term will be governed, interpreted and executed in accordance with the laws of the Federative Republic of Brazil, regardless of the conflicts of these laws with laws of other states or countries.
10.9. The Parties elect the São Paulo District Court of the State of São Paulo to settle any doubts and / or litigation arising from this Term, expressly waiving the jurisdiction of any other forum, however privileged it may be.