TERMS OF USE
(Updated May 26, 2021)
Iron Trainers Brasil LTDA platform terms of use.
Hello, welcome to the Telemedicine Platform offered by Iron Trainers Brasil LTDA.
The Iron Platform (“Platform”) is made available through a website and app. All its content was developed, operated and owned by Iron Trainers do Brasil LTDA, a company registered with the TIN 21.298.287/0001- 58, headquartered at Avenida das Américas, nº 500, Bloco 6, Sala 134, Barra da Tijuca, Zip code: 22.640-904, in the city of Rio de Janeiro, State of Rio de Janeiro. All rights reserved. (“Iron Trainers do Brasil LTDA.”).
The Platform is offered in the SaaS mode (“Software as a Service”) and is accessed through internet connection.
We provide you with several features, including an online medical emergency service via telemedicine in the Teleconsultation modality and a diagnostic exam manager (“Exam Manager”), that has the purpose to offer a digital platform for managing your health and medical history.
These Terms of Use (“Terms”) describe the terms and conditions relating your access and use of the Platform. Your rights and guarantees regarding data privacy are addressed in our Privacy Policy.
Therefore, read the entire content of the Terms, and in the index below you can have easy access to information by topic:
1- What is the telemedicine platform offered by Iron;
2- What equipment do I need to access the platform;
3- How do I access and use the platform;
4- Precautions when accessing the Platform;
5- Restrictions;
6- Intellectual property;
7- Deadline;
8- Responsibility;
9- Indemnity;
10- Communications;
11- How do we update these terms of use?
12- Applicable law and jurisdiction
13- General provisions
14- Doubts
BY CLICKING “I READ AND ACCEPT” (OR SIMILAR MESSAGE) OR BY BROWSING OUR PLATFORM, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY. PLEASE BE AWARE THAT THE PROVISIONS HEREIN WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND THE PLATFORM. IF YOU DO NOT AGREE TO ALL THE TERMS THAT FOLLOW, YOU MAY NOT USE OR ACCESS THE PLATFORM.
Whenever there is mention of the terms “we” or “our” we will be referring to the Platform; as well as whenever there is mention of the terms “you”, “your”, “yours”, we will be referring to the “User” (individual), who is consenting to these Terms to make use and access to the Platform.
What is the telemedicine platform offered by Iron?
You have certainly gone through any of the following situations: spending a long time on your way and/or waiting in the doctors’ offices, clinics and hospitals, to provide an emergency service that could be performed remotely in the comfort of your home or work, or looking for an emergency room because you don’t know which medical specialty to seek, using services that should only be used in emergency situations and that also entail risks of exposure to other diseases in these places; difficulty in locating their medical exams or printing them for consultation, or even that situation in which the patient consults two or more physicians, who request the same exams, generating waste, in addition to charging and working the patient to perform the exams again.
ALL THESE SITUATIONS GENERATE FRUSTRATION, WASTE OF TIME, WASTE OF RESOURCES, DOUBLE CHARGES AND THE MAIN ONE: THE DISRUPTION OF YOUR HEALTHCARE.
Based on these experiences and due to the crisis of the new Coronavirus, Iron brought to Brazil a Platform that allows you to have more comfort and greater flexibility with prompt medical care through Teleconsultation, where you can be in the comfort of your home or even at your workplace and seek adequate medical care, centered on your health care. All this medical care history will be at your disposal for future consultation in your Digital Record! Furthermore, in the Platform, you can count on the digital prescription service, where your doctor can prescribe your medications, exams and certificates electronically. Thus, we seek to offer comprehensive care for your health, save your time and focus on caring for your health!
In order to improve the management of your own health and well-being, new features can be developed by us, as well as improvements to existing features can be implemented.
SO YOU CAN KEEP YOUR HEALTH AND WELL-BEING UNDER CONTROL WHERE YOU ARE. To do so, you will be able to update your account on the Platform in the best way for you!
In general, the tools offered by the Platform include, or may include:
(i) Teleconsultation for a 24/7 medical emergency service;
(ii) Teleconsultation with medical specialties: general practitioner, nutrition and psychology by appointment;
(iii) Digital medical prescription, exams and certificates in a quick and easily accessible way;
(iv) Organization and storage of medical, laboratory, hospital examinations, clinical reports and reports;
(v) Means for sending and sharing your data and documents with third parties, such as physicians, as indicated in the Privacy Policy;
(vi) Centralizer and repository of your health history.
THE DATA STORED BY YOU ON THE PLATFORM IS YOUR SOLE RESPONSIBILITY.
What equipment do I need to access the platform?
The equipment (computer, Tablet or mobile device) and programs (browser or Iron Telemedicine APP) necessary for browsing the Platform and the adequate supply of all internet resources (such as connection), without exception, as well as the maintenance of a secure environment of the equipment, using available tools such as up-to-date antivirus, are your sole responsibility.
How do I access and use the platform?
In order to use the Services made available on the Platform, it is necessary to have your ITIN and date of birth in hand, as your login will be based on these data. After the first access the platform will ask for a verification code sent by SMS to your cell phone. Stressing that all data must be the same as the data registered in your company so that the process can happen properly.
Precautions when accessing the Platform
You are responsible for maintaining the login data confidentiality on the Platform. You may not transmit your login to third parties, and you are solely and exclusively responsible for all activities that occur under your account. You agree to notify the Platform immediately if you suspect any unauthorized use of your login or account. IRON will not be responsible for any loss and damage resulting from unauthorized access or use of your account, including in case of carelessness or negligence in the login confidentiality.
In case of loss, misplacement or suspicion of improper use of your account or Access Information, IRON must be immediately notified so that appropriate measures can be taken. If duplicate accounts are verified, IRON may disable all duplicate entries, regardless of any prior notification.
Therefore, by using the Platform, you represent and warrant that: (A) you will keep the information provided for registration up to date; and (B) by using the Platform, you do not violate any applicable contract, agreement, law or regulation.
If any information you provide is false, inaccurate, out of date or incomplete, or if IRON has sufficient reason to suspect that such registration information is false, inaccurate, out of date or incomplete, we shall have the right to suspend or cancel your account immediately, regardless of notice. And refuse any and all present or future use of the Services, or any part of them.
Restrictions
You shall not, among others:
a) Violate any municipal, state, national or international legislation or regulation applicable to Brazil, or even, which, for any legal reason, must be applied in Brazil;
b) Practice acts contrary to morals and good customs;
c) Assume the personality or identity of another person, natural or legal;
d) Upload, transmit, disclose, display, send, or otherwise make available any content that is illegal, including, but not limited to, content that is offensive to the honor and privacy of third parties, pornographic, obscene, defamatory or libelous, vulgar, prejudiced, racist, discriminatory, apology for crime or otherwise objectionable, or that may generate any civil or criminal liability under the Law;
e) Upload, transmit, post, display, upload, or otherwise make available any content that violates any third party rights, including Intellectual Property Rights (as defined below);
f) Upload, transmit, disseminate, display, send, or otherwise make available any type of advertisement or promotional material not requested or not authorized by the Platform, such as unsolicited messages or messages sent in big quantities (known as “junk mail” or “spam”);
g) Upload, transmit, disclose, display, send, or otherwise make available any content that contains viruses or any other code, file or computer program for the purpose of interrupting, destroying or limiting the functionality of any software, hardware or equipment;
h) Threatening, coercing, shame other users;
i) Violating third-party secrecy and privacy rights;
j) Perform any acts that directly or indirectly, in whole or in part, may cause damage to the Platform, other users or any third party;
k) Use the Platform beyond the purpose authorized by these Terms.
Intellectual property
• Platform rights
The Platform, the content and any other text, graphics, images, photos, illustrations, corporate name, brands, logos, information, source code, layouts, appearance and behavior, domain names, software, know-how, and other materials (other than those posted or provided by you) are all protected by intellectual property rights (“Intellectual Property Rights”). All Intellectual Property Rights present on the Platform are owned by FERRO or licensed to FERRO or our partners (as applicable). Commercial exploitation, transmission, dissemination, modification, reproduction, copying or any other forms of commercial use of such content by you is strictly prohibited.
• Copying the content for personal use
The reproduction of any content on the Platform is prohibited, unless prior written authorization from the Platform, or in cases it is intended for your exclusively personal and non-commercial use. Under no circumstances will you acquire any Intellectual Property Rights over such content.
If you violate any Intellectual Property Rights of the Platform, you will assume any and all civil and/or criminal liability arising from said violation.
• Sending unsolicited information
IRON has a policy not to accept or consider ideas, suggestions or creative materials, including, but not limited to, annotations, drawings, concepts, comments, technical suggestions, information about know-how, advertising material, video or other information (other than personal data and medical data) (“Submissions”) other than those specifically requested. The intention of this policy is to avoid the possibility of future misunderstandings when projects developed by the Platform’s professionals are eventually similar to the creative work of third parties who have carried out any Submission to the Platform.
ALL SUBMISSIONS WILL BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY AND IRON MAY USE, ENJOY AND DISPLAY IN THE WAY IT UNDERSTANDS ABOUT SUCH SUBMISSIONS. THE PLATFORM SHALL NOT BE RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY SHIPMENTS AND YOU HEREBY ACKNOWLEDGE THAT NOTHING SHALL BE DUE TO YOU AS A RESULT OF THE USE OR DISCLOSURE OF THE SHIPMENTS.
• Your statements and comments
By agreeing to these terms, the user also authorizes IRON to use, copy, reproduce, make available, transmit, share, translate into other languages, insert in other materials (including, but not limited to, the platform, videos and advertising materials ) for any purposes, including for commercial, advertising and institutional purposes, any statements, testimonials or comments, in whole or in part, related to the platform and/or the services made available by the platform or by third parties, whether in a specific tool made available for such purposes on our platform, or sent by email, text message, or posted on social networks, such as facebook, twitter, instagram, youtube and others.
Deadline
These Terms will remain in full force and effect while:
(i) The Services are made available on the Platform and are not canceled by IRON and/or replaced by other terms of use;
(ii) While you are accessing the Platform;
(iii) While you are registered on the Platform.
Responsibility
You agree that your solution to any problems or dissatisfaction with the Services is the possibility to uninstall the application and stop using the Services.
The Platform, its officers, partners, employee, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors, to the extent permitted by law, will not be liable for any damages of any nature (including direct, punitive or lost profits) in any circumstances arising out of your use or inability to use the Services. The Platform is made available to you based on the conditions established herein, taking into consideration the economic parameters of the Platform. Any change in the standard responsibility may generate an economic imbalance in the Services under this Platform.
The Platform will not have any responsibility for any loss or damage incurred as a result of any information provided/stored by you or third parties, as well as for any loss arising from mobile operators’ signal failure, failure of Wi-Fi connections or similar factors that prevent the use of the Platform.
The Platform will also not be responsible for:
a. The False, misleading/wrong or not up to date information provided by you;
b. Any decision made by you based on information available through the Platform;
c. For damage caused by any content that contains viruses or any other code, file or computer program for the purpose of interrupting, destroying or limiting the functionality of any software, hardware or equipment;
d. Fraud, simulations and misrepresentation caused by you while using the Platform;
e. For consequences directly or indirectly related to action or inactivity taken based on information from the website and/or use of the Platform.
Indemnity
You agree to hold and indemnify, defend and hold IRON and its respective directors, agents, partners and employees harmless from any damage, liability, lawsuit or demand, including attorney’s fees, due or arising from the use of the Platform, of violation of these Terms of Use or Privacy Policy by you, failures in your equipment, and misuse of information or materials on the Platform.
Communications
By accepting these Terms, you authorize the Platform to communicate with you through any electronic means, such as cell phone, message and email. It is noteworthy that the main means of information for you is via the Platform.
How do we update these terms of use?
Our Services are constantly improving and upgrading! Therefore, we may modify these Terms at any time, in our sole discretion, to update it as our services improve. We will notify You of any changes by posting the updated Terms on the Platform. For your convenience, we will inform the user if the Terms change and the date of the last revision will be included at the top of the terms. In case of relevant changes that require the User’s consent, we will present the new Terms for obtaining the User’s consent. We recommend that every time you access the Platform, be aware of new updates, as your access to and use of the Platform will be immediately bound by any changes to these Terms.
The fact that you accept these Terms or continue to access the Platform after an update means that you have agreed to the changes to these Terms. IF YOU DO NOT AGREE TO ALL OF THE AMENDED TERMS, YOU MAY NOT CONTINUE USING OR ACCESSING THE PLATFORM.
Applicable law and jurisdiction
These Terms of Use will be interpreted in accordance with the laws of the Federative Republic of Brazil. The Court of the District of Rio de Janeiro, State of Rio de Janeiro, is elected to settle any divergence arising from these Terms of Use and the Privacy Policy, expressly waiving any other, however privileged.
General provisions
If any provision of these Terms of Use becomes invalid or unenforceable, such provision will be void and the remaining provisions will be retained.
Headings are for reference purposes only and in no way define, limit, determine interpretation or describe the scope or extent of the respective section.
The Platform’s oversight regarding any failure by you or others to comply with these Terms of Use does not constitute a waiver of the rights of the Platform.
You hereby grant IRON the right to take such action as IRON deems reasonably necessary or appropriate for the execution and/or verification of compliance with any provision of these Terms of Use.
Doubts
If you have any questions regarding these Terms of Use, please contact the Platform through the email: comercial@iron.fit