Intellectual Property

GUIDELINES AND LIMITATIONS ON LIABILITY AND INTELLECTUAL PROPERTY:

 

1. SMART DEVICE states that:

 

1.1. Any and all content served on SMART DEVICE is the sole responsibility of the person who originated or published such content, therefore SMART DEVICE cannot and will not monitor or control all content made available on its Platform or through its Services by third parties.

 

1.2. It may reserve spaces for advertising on the pages of the content served, preserving the integrity and visibility of the scientific content, without any value being due to the User holding the publication.

 

1.3. It does not endorse any opinions expressed in the publications of its Users, so that, when using the Platform and the Services, they may be exposed to content that they deem offensive, harmful, inaccurate, or inappropriate.

 

1.4. It does not make and does not encourage any form of cause or customer acquisition, restricting itself to only providing a Platform that facilitates communication between doctors, scientists, scholars, and other Users in order to collaborate for medical and scientific progress.

 

1.5. It does not carry out any consultancy or advisory service, since this is a private activity of doctors and other health professionals, so that all contact between the User and SMART DEVICE through the channels for this purpose will be destined, only and exclusively, to attend requests or technical doubts about the use of the Platform and the functioning of the Services offered.

 

1.6. It does not have any involvement in the hiring of professionals or professional societies that act in the provision of certain Services (e.g.: Users registered as doctors on the platform), any labor or corporate relationship with these professionals, or any interference in the choice and hiring of Users who act as doctors (which will be exercised exclusively by the contracting User).

 

1.6. In addition, SMART DEVICE shall not be responsible for:

 

1.6.1. Damages and losses caused by the access, interception, elimination, alteration, modification, or manipulation, by unauthorized third parties of the files and communications transmitted through the Platform and the Services, nor resulting from the use of the Services or the inability of Users to access the Platform or use the Services;

 

1.6.2. Discrepancy of information with the competent official bodies;

 

1.6.3. Any interaction between Users and content generated by Users or third parties, as well as any content, product or service advertised or offered by third parties on the Platform and on the Services;

 

1.6.4. Accuracy or authenticity of data, information or recommendations of professionals registered on the Platform;

 

1.6.5. Eventual downgrading and inaccuracy of any information made available on the SMART DEVICE Platform and Services.

 

1.6.6. Health-related topics found on the SMART DEVICE Platform should not be used for diagnostic purposes or to replace medical advice. It is your responsibility to research the accuracy, integrity and usefulness of all opinions, services and other information found on the website.

 

1.6.7. SMART DEVICE assumes no responsibility or liability for any consequences arising directly or indirectly from any action or omission you take based on the information, services or materials contained in or linked to this website.

 

1.7. SMART DEVICE may be notified at any time regarding content on its Platform that is considered to be infringing the rights of third parties and will act promptly to promote the timely removal of such content, under the terms of Law No. 12,965, of 2014 (“Marco Civil da Internet” ) and the General Personal Data Protection Law (LGPD), and the consolidated jurisprudence in Brazil regarding the liability of websites and intermediaries.

 

1.8. Any notification regarding infringing content must contain, under penalty of nullity, clear and specific identification of the content identified as infringing, which allows the unambiguous location of the material. All notifications must be made in good faith. The notification cannot be made anonymously, and the notifier must identify himself unequivocally, providing identity, CPF [Individual Taxpayer Registry] or CNPJ [Corporate Taxpayer’s Roll] and explaining his legal relationship with the content in question, under the terms of the law.

 

1.8.1. Personal data provided for this purpose, as well as for others, will be protected by means of information security tools in compliance with LGPD regulations.

 

1.9. If the User identifies any action that does not comply with these Terms by any other user, the User may notify SMART DEVICE in this regard, through the email address: [email protected]

 

1.10. When using the SMART DEVICE Platform and Services, the User declares that:

 

1.10.1. He/she will only access the Platform and use the Services for lawful purposes, being completely responsible for knowing and adhering to any and all laws, regulations, and rules relevant to the use of the products and services covered by these Terms.

 

1.10.2. He/she can publish articles, as long as the content is strictly informative, adds instructional value to the Platform's medical and scientific community as a whole, and is in compliance with applicable laws, especially in relation to copyright laws, Federal Law No. 8.906/1994, to the LGPD (not disclosing or publishing any personal data without the prior knowledge of the Data Holder), the rules of the Federal Council of Medicine and these Terms. The opinions and positions presented in these articles do not necessarily correspond to the position of SMART DEVICE, which will have no responsibility for the content generated by third parties.

 

 1.10.3. He/she is responsible for the use of the Service, for any content provided and/or shared and for all consequences arising from its use, including the use of his/her content by other Users and third parties.

 

1.10.4. He/she will not publish any documents (articles, videos, etc.) that incite the illegal capture of customers or that have the purpose of personal or professional promotion, the Platform being intended for merely informative purposes and sharing medical knowledge to collaborate with the progress of science doctor.

 

1.10.5. He/she will bear losses and damages related to his/her liability in relation to the use of the platform, and he/she must also reimburse all amounts spent by SMART DEVICE if it will bear any expense in the intervention of complaints received from other Users.

 

1.10.6. Any and all available information involving doctors and other health professionals will always be within the limits of moderation, sobriety and discretion established by the Code of Ethics of the Federal Council of Medicine and the official provisions issued by the respective sections.

 

1.11. Finally, in addition to the legal provisions, the User is not allowed to:

 

1.11.1. Disclose any content that: (i) violates or interferes with any other party's trademark; (ii) disclose any trade secret, unless the trade secret belongs to the User or if he/she has permission from the owner to disclose them; (iii) violates any intellectual property right of another or the privacy or publicity rights of third parties; (iv) is libelous, defamatory, abusive, threatening, offensive, hateful, pornographic, discriminatory, or that violates any law or the rights of third parties; (v) contains other people's private or personally identifiable information without their express authorization and permission; (vi) contains links to viruses, trojan horses, worms, time bombs or other mechanism that is intended to damage, interfere with, intercept or expropriate any system, data or information; (vii) seek to defraud, conceal or compromise the smooth functioning of the Platform and Services (such as through the creation of false profiles for violating security protocols); and (viii) is not in compliance with other dictates of SMART DEVICE terms of use, as well as with its Privacy Policy.

 

1.11.2. Carry out activities that involve: (i) changing the configuration of your access device to use the Platform and the Services; (ii) hacking or interfering with the operation of SMART DEVICE and its Services; (iii) removing, altering, interfering, avoiding or in any way modifying the watermark, copyright, symbol, trademark or any other sign indicating intellectual property inserted in the Services, or any rights and/or protection mechanisms associated with the Services, including territory-based access filters; (iv) impersonating another person or obtaining unauthorized access to another person's account; (v) commercializing, reproducing in whole or in part, publishing, retransmitting, distributing, communicating to the public, transferring to third parties or making any modifications, in any form, to any content made available by SMART DEVICE in its Services, and which is not expressly permitted by these Terms; (vi) commercializing or sharing access to the SMART DEVICE Services; (vii) introducing any virus, worm, spyware or any other computer code, file or program that may be destined to damage the operation, hardware, software or any other aspect of the service; (viii) creating spiders or scrapers; (ix) using robots or other automated means of any kind to access SMART DEVICE tools and/or services; (x) using the Platform for violating any law, rule and/or regulation.

 

1.11.3. Using any information and data (personal or not) obtained through the Platform for discriminatory, illegal and/or abusive purposes.

 

INTELLECTUAL PROPERTY

 

2.1. These Terms of Use grant Users, through these Terms and during their validity, a non-exclusive, non-transferable, non-sublicensable and limited license, to access the Platform and make use of the Services. Neither these Terms of Use nor the use of the Platform and the Services transfers or grants the User any other rights, but the limited license granted above.

 

2.2. Brands, logos, trade names, layouts, graphics and interface design, images, illustrations, photographs, presentations, videos, written and sound and audio content, computer programs, databases, broadcast files and any other information and intellectual property rights of SMART DEVICE, subject to the terms of Laws no. 9.279/1996 ("Industrial Property Law"), 9.609/1998 ("Software Law") and 9.610/1998 ("Copyright Law"), and without prejudice to the other rules related to the protection of intellectual property, are duly reserved.

 

2.2.1. Thus, the use of the Platform and the Services by Users is personal, individual, and non-transferable, and any unauthorized, commercial, or non-commercial use is prohibited. Such usages consist both of violations of SMART DEVICE's intellectual property rights, indemnifiable under the terms of the Copyright Law, as well as punishable under the applicable criminal law.

 

2.3. These Terms of Use do not assign or transfer any right to the User, except for the limited license now granted. If you wish to use any of the SMART DEVICE intellectual property content, you must contact SMART DEVICE before doing so. Using any SMART DEVICE intellectual property content mentioned here without prior and express authorization may result in appropriate criminal and civil liability.

 

2.4. Upon sending, publishing or displaying any content through accessing the Platform and using the Services (articles, news, etc.) the User grants SMART DEVICE a full, non-exclusive and non-onerous license, without geographical limitation, subject to be sublicensed and transferred, for the full term of copyright protection defined by applicable law, to: use, reproduce, alter, remix, perform derivative works, adapt, translate, incorporate, include in work, distribute, display, execute, extract excerpts, publicly display, or in any way use the content in other existing usage modalities or in ones that may be invented in the future.

 

2.5. Through this license, SMART DEVICE may use, in any form and at any time, an unlimited number of times, any content generated by the User, without the need for prior notice, assignment, permission or compensation to the User or any person and entity, and may also modify or adapt the content made available by the User in order to transmit, display or distribute it through computer networks and in various media and/or make changes to the content as necessary to shape it and adapt it to all requirements or limitations of any networks, devices, services or media.

 

2.6. Through this license, SMART DEVICE will also be able to share the content made available on a certain Service with (an)other SMART DEVICE Service(s), and with its affiliates and other companies of the economic group that it may come to have.

 

2.7. The aforementioned license does not establish any employment, corporate, partnership or associative link between the User and SMART DEVICE.

 

FINAL PROVISIONS

 

3.1. These Terms of Use consist of a valid and effective version of its terms and conditions. This version is responsible for governing all relations between the User and SMART DEVICE, except when the User utilizes services that have their own terms or regulations, in compliance with acquired rights, perfect legal acts and res judicata.

 

3.2. The version of the Terms of Use and Responsibility in force will always be the most recent.

 

3.3. SMART DEVICE reserves the right to periodically update and modify any of its legal documents, including these Terms of Use.

 

3.4. SMART DEVICE is constantly seeking improvement to offer the User the best possible experience at the Services Platform. However, the SMART DEVICE Platform and all Services are offered as they are, so that SMART DEVICE can freely implement changes, alterations, additions, deletions, and any other forms of modification to the Platform and the Services.

 

3.5. The SMART DEVICE Platform and Services may be changed at any time, whether in the event of contractual, legal and/or judicial restrictions or prohibitions, or at its sole discretion. For this reason, SMART DEVICE may interrupt, temporarily or permanently, the supplying of the Platform, the Services or some of its functionalities.

 

3.6. Any changes to these Terms that impact the consent previously provided or imply in a financial burden for the User will be communicated by SMART DEVICE in advance. However, any changes made for legal reasons or due to new features of a Service will take effect immediately.

 

3.7. Any new feature that enhances the current SMART DEVICE Platform and Services, such as the provision of new tools and features, will be subject to these Terms.

 

3.8. The provisions of these Terms shall survive any termination, for any reason, in order to continue to take effect as long as there are subsequent legal relationships between the User and SMART DEVICE.

 

3.9. If any provision of these Terms is found to be invalid or unenforceable, for any reason, the same does not apply to the remaining provisions.

 

3.10. The User and SMART DEVICE ensure that both: (i) have full powers and authority to enter into these Terms of Use and comply with the obligations set forth in this document; (ii) did not enter into and, during the term of these Terms of Use, will not enter into any agreement that prevents them from complying with these Terms; and (iii) will observe all applicable laws in complying with these Terms.

 

3.11. The User agrees that SMART DEVICE may transfer or assign its contractual position in these Terms of Use or any right or obligation arising therefrom at any time, without the need for prior notice to the User, including as a result of corporate transactions such as, but not limited to mergers, acquisitions, restructuring, being preserved all the other conditions of these Terms.

 

3.12. If there are any questions about this instrument or what it encompasses, the User should contact SMART DEVICE on the email: [email protected]

 

3.13. The Court of the District of Vitória/ES, Brazil, is hereby elected to settle any disputes arising from these Terms of Use, expressly renouncing any other, however privileged it may be.

 

3.14. The user authorizes Smart Device To create direct or indirect communication channels, E-mail, Social Networks, mobile notifications and other modalities, so that it can keep the user informed about its services in the best possible way.

 

3.15. The user acknowledges that the peculiarities of use of the Smart Device platform and services have been sufficiently described in these terms and that the duty of information, privacy, responsibility, and intellectual property has been provided.

 

3.16. The user declares to have carefully read and understood the terms and provisions of these terms os use and to be aware of its entire content, stating to be in agreement with these terms and accepting all its conditions.