User Agreement

Terms and Conditions of Use

The present Terms and Conditions of Use refer to the service provided by consultorio.me, which is basically to offer services over the internet to professionals and companies.
These Terms and Conditions of Use ("Term" or "Terms of Use") apply to the use of the services provided by the Brazilian company Codequest Tecnologia da Informacao LTDA, a company duly registered in the CNPJ No. 15.155. 943/0001-60, owner of the site https://consultorio.me and the services referred in this Term, hereinafter referred to as "Consultório". Any natural person of legal age and able to use the services provided by the Consultório, either via the mobile application or the website, will be referred to as "User" from now on. The User is informed and aware that, from the first use of the Consultório, all its actions will become an integral part of this Term, in addition, all the clauses will become electronically "accepted", as well as the rest of the policies available on the site.

The services available by the Consultório on the site https://consultorio.me/ are governed by the following clauses and conditions.

By electronically accepting this Term, by clicking on the button "I agree" in the main page of the Consultório, the User will automatically agree to submit in full to the present/future terms and conditions and will also accept the provisions of the policies of the site.

These Terms of Use are valid for any information, text, images and other materials that are inserted (upload), obtained (download) or that are connected to the services offered by the Consultório.

The acceptance of the Terms of Use is essential for the use of the available services, either through the use of the mobile app or the website. All Users must read, understand and accept these Terms, since the use of the services implies the full acceptance of the Terms of Use.

1. Objective
The services will be offered through the website https://consultorio.me and also, through the mobile application of the Consultório, which is available in Android (Google Play) and iOS OS (Apple Store).
The Consultório offers - free of charge - a series of management services for clinics, for professionals of diverse areas, such as doctors, psychologists, dentists, veterinarians, massage therapists, trainers, beauticians, etc., who need to manage their patients/clients, as well as their timelines, answers, records and payments.
The Consultório also offers paid and predefined plan/services.

2. Register
The services are acquired as subscriptions to a single User. Each User has an individual access account. The User account is for personal use and cannot be transferred to any other User.
The User must fill out the registration form with accurate and true information. The User also assumes the commitment to update all data it may have on the site whenever there is a change. The Consultório reserves the right to use all legal means to identify Users, as well as to temporarily or permanently disable Users who submit false information or Users who have data that cannot be verified by the Consultório. Upon cancellation of the User's registration, its access to the site and any service will be automatically canceled, making impossible any type of compensation or restitution.


3. Maintenance of the Access Account
The User will keep its password as a secret and will be responsible to keep it and preserve it securely. The User will access its account through its email and password, in addition, the User can also access it’s using a Facebook or Google profile, taking full responsibility for the use of these accounts. The User also undertakes to notify the Consultório immediately, through a secure mean, about any unauthorized use of its account, as well as the unauthorized access by third parties to it.
The Consultório is not responsible for any loss or damage caused by the User's errors.

4. Use of Our Services
It’s the responsibility of the Consultório to provide support for the operation of the application and the website, which implies clarifying doubts regarding the use of the service and correcting errors derived from the application itself. The Consultório will be responsible for maintaining the service available 24 hours a day, 7 days a week. Customer service will be available during business hours, except for: (a) planned downtime; or (b) any unavailability caused by circumstances beyond our reasonable control, including, without restrictions to government acts, fires, floods, earthquakes, civil disturbances, acts of terrorism, strikes, or failures and delays of the Internet service provider.
User Responsibilities:
I) Act in accordance with morals:
The User agrees to use the site, the application and its services in accordance with the Terms of Use of the Consultório, also complying with the law, morality and accepted good customs.
II) Don’t maliciously exploit the security of the system:
The User undertakes to use the site and its services in an appropriate and diligent manner, and agrees not to use it: (a) for the practice of unlawful acts, prohibited by law and by these Terms of Use; (b) to harm the rights and interests of third parties; (c) to damage, disable, overload or deteriorate the site, the application or the services, or prevent its normal use; and (d) to affect the computer equipment of the rest of the Users, in addition to their documents, files and other content stored.
III) Keep a personal copy of the data
The Consultório offers tools for the User to export and have a personal backup of all its information. This information will be exported in a common format (Microsoft Excel). It’s the User's responsibility to make a periodic copy of its information. The Consultório can go through periods of maintenance/unavailability or even exceptionally suffer loss of data, being necessary for the User to keep a personal backup of its information. The Consultório is not responsible for any loss or damage caused by the unavailability of any information.
IV) Guarantee the veracity, quality, integrity and legality of the data and the means by which these are acquired.
V) Act to prevent any unauthorized access or use of services and notify us immediately of any unauthorized access or use.
VI) Use the services only in accordance with the software service description, government laws and regulations.
VII) Not to sell, resell, rent or lease the services.
VIII) Sending and Receiving Files to the Consultório System:
Only Users are responsible for the storage of their files. Therefore, they are responsible for verifying whether the files sent contain viruses or not. In addition, the Users are responsible to verify if the files correspond to what they announce.
IX) Each User is responsible for its own actions in the system and, therefore, must respond legally for the same.
The User declares and guarantees that all the contents inserted by him in the Consultório system:
(i) Comply with all applicable laws, statutes, decrees and regulations;
(ii) Don’t infringe, or break any obligation or right of any person or entity including, without limitation, intellectual property rights, publicity or privacy; or any rights and obligations, including consumer rights, product liability, crime or contract theories
(iii) Aren’t pornographic or violent and don’t incite violence, affect the honor of third parties and aren’t lustful, slanderous or defamatory. Don’t violate the rules of the Consultório provided in these Terms of Use.

5. Use of Cookies
The Consultório uses "cookies" to improve the experience during your visit to our application or website.
What are Cookies?
A cookie is a text file stored in the browser of the User’s computer or mobile device that is created when the User accesses a site or application. It allows to identify the User's device and show the information of the site or application adapted to its preferences. In addition, a Cookie is used to remember the visited site and it’s recognized when the User returns to access the site.
Why are Cookies used?
Cookies are used to adjust the content of the sites to the preferences of the User and also to optimize the use of sites and applications. Cookies store useful information to improve and simplify the experience of using the site or application.

6. Integration with third party applications and their data
When installing or enabling the use of third party applications with the services of the Consultório, the User will be allowing the providers of these applications to access some data. This means that the Consultório is not responsible for any disclosure, modification or elimination of the shared data through the integration of third party applications. The Consultório will only be responsible for the contents stored under its jurisdiction. The Consultório will not be responsible or guarantor of the availability of third-party services.

7. Modifications of the Terms of Use
The Consultório reserves the right to modify the conditions presented in these Terms at any time, through updates on the site or by notifying Users by email.
In the event that the modifications made to these Terms of Use are not approved by the User, the User shall have the right to reject the new conditions or rescind these Terms of Use within a period of 7 days from the date of publication of the modifications and will have to stop the use of the Consultório. The termination of these Terms will be made through an email notification, requesting the cancellation of the account through any channel given by the Consultório.
In the event that the User continues to participate in the site and the services of the Consultório after 7 days from the publication on the site and the email notification, referring to the modifications in these Terms of Use, this will indicate that the User agrees with all the modifications communicated.

8. Property Rights
Without prejudice to the rights expressly granted in this contract, the Consultório reserves all rights, titles and interests related to the Services, including all related intellectual property rights. The concession of use doesn’t transfer any property rights relative to the products and services established here.
Users must not infringe the rights of third parties, particularly those pertaining to personal rights (including, but not limited to honor, name and image of the person) or copyright (such as reproduction, modification or disclosure of other works without the express authorization of the owner).
The materials subject to copyright protection are described in Law No. 9.610/98. As a general rule, the User owns the copyright of any information he/she makes available in the system, either as the author, having the authorization of the original owner of the rights or as transferee of the rights.
The User is responsible for the information provided to the Software and must take into account the legislation in force, both on the formal aspect (as well as the subject of the author's rights), and for the content (which must not violate the positive rules or good manners and the general principles of society).
Thus, the Consultório will not be held liable in a civil or criminal way by virtue of any eventual damage, whether moral or material, caused by the works registered in the system, whether these damages have been caused to other registered Users or third parties
The User involved in reports of irregularities or infractions of the rights of third parties undertakes, therefore, to exempt the Consultório from any litigation that may arise corresponding to the damages caused. In the event that the Consultório is held liable for any type of moral or material damage to third parties, the Consultório will begin an indemnification action against the User, which accepts from now on to assume the procedural costs and attorney's fees derived from the legal action.
Any suggestion, request for improvements, recommendations or other ideas provided by the User, related to the operation of the system, will not give the User any right of retention, use or compensation.

9. Confidentiality and General Data Protection Regulation
The Consultório, aware and adhering to the General Data Protection Regulation (GDPR) of the European Union, ensures that it will not collect data from its consumers beyond those relevant to the business and the operation of the system, emphasizing that the data collected will only serve to the viability of the services and functionalities offered by the Consultório.
The information registered in the Consultório by the User is the property of the User and will not be disclosed to third parties, unless the disclosure is required by law or by a public body, obliging itself to notify the User of the disclosures that must be made.
The Consultório may have access to User information only for system maintenance or technical support requested by the user.
The contact information of the patients/clients, as well as the address, telephone and email, will only be used for contacting the User, sending notices or sharing information about the Consultório to its patients/clients; The Consultório will not use the information for direct communication purposes.
The data is stored in the cloud, in secured servers specific for that purpose, and may be removed by express request of the User or its patients/clients.

10. Information Security
The Consultório deals with the security of the User information and takes several steps to provide a safe environment.
Some measures taken are: encryption of the electronic records, secure HTTPS connection using an SSL certificate, transparent encryption of the database and automatic backup.
The Consultório stores the information in cloud servers, using the security infrastructure of companies that are market leaders and recognized for their quality (Microsoft Azure / Amazon AWS).
However, it should be noted that the content of the data to be inserted and stored in the Consultório is the responsibility of the User, so we recommend its attention and care to prevent the stored information from causing any kind of constraint or violation of the privacy of the User’s patients/clients.
Due to the fact that the Consultório only stores customer/patient data, we don’t perform any type of analysis on this information – because it’s not part of our services - (except for maintenance of the system or technical support requested by the user) - which is why we recommend special attention from the User regarding the information provided by its patients/clients. The content of this data is the responsibility of the User.

11. Limitation of Liability
In the terms specified herein, the Consultório will not be held responsible for the acts practiced by its Users, whether in civil or criminal actions.
In case of damage caused by one of the parties, it will be repaired exclusively by the party causing the damage, without the need of subsidies or solidarity.

12. Agreement with the Terms
The User must agree with all the information presented in these Terms of Use in order to use the services of the Consultório.

13. Updates and System Maintenance
The Consultório can go through updates, receiving new functionalities, deactivating existing functionalities, improving functions and correcting errors.
Updates and maintenances will be carried out without prior notice and may lead to a temporary unavailability of the system.

14. Cessation of Activities
The Consultório reserves the right to cease its activities, provided that the User is informed of this decision at least 180 days in advance.

15. Applicable Legislation and Elected Forum
This contract will be governed by the laws of Brazil, and the contracting parties must comply with Brazilian laws and regulations. Without limiting the foregoing, each of the parties declares not to be civilly and criminally prevented from accepting the contract.
The Forum of the District of Santos, located on the coast of the state of Sao Paulo, will be chosen to resolve any eventuality or controversy that may arise.

Questions
Users with questions about this agreement or our Privacy Policy can contact the Consultório at: consultorio@consultorio.me