Terms of Use

TERMS AND CONDITIONS OF USE OF THE INSTITUTO DO SONO’S SITE

Updating: October, 27th 2020

Welcome to the INSTITUTO DO SONO (IS)’s Website!

Below you find the Terms and Conditions of Use, a document containing the main rules to be observed by all persons who access this Website or will use its features, in this case, “You”.

To start, You declare that you have attentively read the rules of this document, being perfectly aware and in accordance with them.

IMPORTANT! WHEN GIVING YOUR “FINAL AGREEMENT”, YOU ARE LEGALLY BOUND TO ALL THE TERMS AND CONDITIONS HERETO PREDICTED. IF YOU DO NOT AGREE WITH ANY OF THE PREDICTED RULES, YOU SHALL NOT ACCEPT THE TERMS AND, CONSEQUENTLY, WILL NOT USE THE SITE.

Considering that:

I. INSTITUTO DO SONO (IS), represented here by the RESEARCH INCENTIVE FUND ASSOCIATION (AFIP), situated in the city of São Paulo, State of São Paulo, at Rua Napoleão de Barros, 925, Vila Clementino, CEP 04024-002 and registered at CNPJ/MF under the number 47.673.793/0001-73, is responsible for the creation of this Site, enabling Users to access to information, researches, scheduling and exam results, among other features.

II. For the use of this Website, You will have to provide some information about yourself which will be validated and verified to allow Your access to determined features. To maintain your safety and confidentiality when using it, all Your data will be regulated according to our Privacy Policy available and which can be accessed by You at any time.

1. WEBSITE FEATURES

1.1. Majority. The access and use of the Website are free to all, but some functionalities such as Registration in determined platforms may demand that you are above 18 (eighteen) years of age, according to our legislation.

1.1.1. For children under age (with less than 18 years), the legal representatives must supervise and represent You at all times when using it.

1.1.2. The IS may turn down, not approve, cancel or limit any solicitations, if You do not provide correct data.

1.1.3. The same will be applicable during the use of the Website, if it is used in a fraudulent manner, or if someone violate these Terms or any applied legislation.

1.2. Eligibility. The IS might alter the eligibility criteria for access and use at any moment and to its criterium, without previously communicating You or any other person.

1.3. E-mails. When informing your data, You agree to receive any e-mail and/or telephone calls and messages from the IS. We also remind You that in accessing the Website, You have the option to suspend these communications.

1.4. Presentation. The IS Website and its features are presented to You as they are available and under constant improvements and updating.

1.4.1. The IS promises to preserve its features, using the layout that respects its usability and navigability, and to exhibit them in a clear, complete, precise and sufficient way to maintain a true perception of what it is being shown.

2. INFORMATIONS INSERTED IN THE WEBSITE

2.1. Confidentiality of the Registration Data. To access some areas of the Website, You have to possess a previous Registration and Password.

2.1.1. The Registration Data and Password are required to access third-party sites, in non-controlled platforms not managed by the IS, as when you visualize your exams. Therefore, You have to verify the platform’s integrity and authenticity where You are placing Your information to ascertain the safety and confidentiality of such sites.

2.1.2. You shall keep your registration data under strict confidentiality when using third parties, without making them available, promoting or sharing them, or any other authentication mechanism, with any other person. If you suspect that your password has been violated, You must provide its alteration the fastest way possible. You are aware and recognize that all accesses and operations, after a successful digital authentication, will be interpreted as your responsibility in an indisputable way, including those derived from its undue use or password sharing with others.

2.2. Information Integrity. You are the sole responsible for the integrity and veracity of all information inserted in the Website, being civilly and criminally liable for the effects originated from the use of the information provided by third parties or from false information.

2.2.1. You are committed to inform the IS every time You update your data in the Website.

3. USING THE WEBSITE

3.1. Accessing the Website. The access is possible by using the Internet, with a Browser, not been accessible by any other hardware not approved by the IS.

3.2. Features. When using the Website, You have access to the features specifically developed for your profile, being You a User, Physician, Volunteer or a person interested in Working with us.

4. CONTENT, DATA SUBMITTED AND INTELECTUAL PROPERTY

4.1. Content. All information, news, images, brands and market information available in the Website, in any language or form, are exclusive property of the IS or licensed by the IS (“Content”). The fact that You use our Website, does not indicate any presumption of property or license transfer. Therefore,

You shall not commercialize in total or in part, the Content by any means, with or without any onus. In doing that, You can be civilly and criminally sued by the IS and/or by any third-party Content owner.

4.1.1. Any removal, blocking or suspension of any Content or functionality from the Website deriving from any complaint, must be understood as a demonstration of good faith and the intention of amiable solution of conflicts. It shall never be understood as the recognition of guilt or any other infraction by the IS.

4.2. Your Data. You are the sole owner and proprietor of your data, information, texts, images, messages, videos, audios, graphs or any other material that You submitted and/or shared on the Website (“Your Data”). You are as well, exclusively responsible for them, and You have to respect the intellectual property of a third-party or any other related rights.

4.3. Legality of Your Data. The IS is not obliged to process or treat any of Your Data if there are reasons to believe that such processing or treatment might impute to the IS any infraction of law, or if the Site was utilized in any illegal, illicit or immoral ends.

4.4. Absence of Guarantee for Your Data and the Content. The IS does not guarantee the Content or Your Data’s quality, coherence, integrity, form, updating or source, because it does not control, verify or judges this Data. The IS is not responsible for any untruthfulness, outdating or mistakes of this Content or Your Data, being not responsible for any damage deriving from them.

4.4.1. Without compromising the above-mentioned text, You are aware and agrees that the IS does not possess any real or presumed obligation to publish any Content or Your Data, and can remove such Content or Your Data without any previous warning.

4.5. Storage. The IS does not provide storage service and the Website is not a storage service. The IS does not have any obligation to store, retain or provide You with a copy of Your Data or any other Content.

4.6. Algorithm Intelligence. The Site, in an impersonal and automatic manner, might apply statistical models and algorithm intelligence to index, filter or organize the Content or Your Data, generated or shared when using the Site.

4.6.1. You declare yourself aware that the IS will not promote or provide You or any other third-party, with any systemic or algorithmic information related to the Website.

4.7. Non-Mining. It is forbidden the use a data-mining software in the Site, of any other type or species, that works in a similar way.

4.8. Indemnity. If there is damage to the IS or third parties, the responsible party accepts the responsibility to indemnify the injured subject, including that originated from your Registration. Thus, You assume the passive end of the judicial suit or administrative procedure that requires the exclusion of the IS, being responsible for all pertinent expenses and processual costs, liberating the IS from any damages or onuses.

4.8.1. Site´s Integrity. You are forbidden to access the programming area of the Site, our databank, source codes or any other type of data available in these platforms. Also, do not perform or allow reverse engineering, translation, de-compilation, copying, modifying, reproducing, renting, sublicensing, publishing, promoting, lending, distributing or, in any other manner, to inappropriately dispose the features of the Website.

5. EXEMPTION AND LIMITS OF RESPONSIBILITY

5.1. Availability. The IS commits its efforts to the maintenance of the continuous and permanent availability of its Website. It is, however, possible that a temporary unavailability may arise from the necessary maintenance or even for motives beyond our control, such as natural disasters, communication systems and Internet access failures, invasive cybernetic attacks or any third-party problems, that are beyond the IS’s sphere of vigilance and responsibility.

5.1.1. In that eventuality, the IS will work hard to re-establish the access to the Website the soonest possible, within the technical limitations of its services and the third-party services, from which it depends to stay online. You are aware that you cannot ask for indemnity or damage reparation in the case our Website is offline, independently of the motivation.

5.1.2. Eventual maintenance procedures, which contributes to unavailability of the Website for longer periods of time, will be informed through the official channels.

5.1.3. Without compromising the conditions of these Terms, the IS is not responsible for:

a) Any other problems, such as bugs, glitches or undue working functions that may occur in your devices and equipment;

b) For any direct or indirect damage caused by third parties, not limited to a hacker attack, system failure at the server or the internet connection, including the action of software that may damage physical or logical assets during the access, using or browsing the Website. This includes data, files, images, texts, audios or video transfer;

c) For the browsing in any external link available, being your duty to read the Terms and Conditions and the Privacy Policy of the accessed recourse and act according to what was determined; and

d) For verifying, controlling, approving or guaranteeing the adequacy or exactitude of the information or data available in such links. The IS is not responsible for harms, damages, or losses occurring as a result of the visiting sites which are not under our responsibility.

5.2. Absence of guaranteed performance and results. The IS is not responsible for the mercantile profitability of the Website or its adequacy to a determined business or finality.

5.3. Unauthorized Access. The IS is not responsible for the access by unauthorized third parties to your account, being exclusively You the responsible for the safekeeping of your login and password, which shall not be shared.

5.3.1. The IS will is not responsible for unauthorized access coming from hacker attacks or due to the action of viruses that may be able to access your information and your Registration.

5.3.2. If You observe or suspects that your Registration is being utilized by third parties or that You have been victim of a hacker attack, or malicious programs and/or files (virus), get immediately in contact with the IS through our available channels for the taken of due legal and technical measures.

6. PENALTIES

6.1. Penalties. The noncompliance to any clause of these Terms may generate: (i) temporary suspension of the Website; (ii) blocking and exclusion of the Website and/or (iii) accountability at civil and penal spheres.

6.1.1. You recognize from now on and compromise yourself to, during the use of the Website, to not take any action that could be considered immoral or unethical, being responsible for not promoting, instigate or help any illicit or fraudulent practice, and, avoid them as soon as they come to your knowledge under the possible penalty of the above mentioned clause 6.1.

7. OTHER DISPOSITIONS

7.1. Contact Channels. You can use our Contact Channels that are available every time you witness or verify improper content in our Website, being notably illicit or contrary to the rules established by these Terms.

7.2. Terms Updating. These Terms are subjected to constant improvement and refining. Thus, the IS reserves the right to modify them at any time, according to their finality or convenience. It can also be updated for better adequacy and legal conformity or norm from regulatory agencies.

7.2.1. In the occurrence of this Terms updating, the IS will notify You through the Website’s available tools or by other ways of contact that You have provided.

7.2.2. When browsing through the Site and using its features, You accept to guide yourself by the Terms that are current at the date of access. Therefore, we recommend that You update yourself of the current conditions.

7.3. Novation and Renounce. The tolerance to eventual breaking of any of the Terms conditions will not constitute renounce or novation, nor it will prevent the IS from demanding these conditions at any time.

7.4. Nullity. If any disposition of these Terms is judged inapplicable or without effect, the remainder continues to be normally enforced.

7.5. Communication. You recognize that all communications through e-mail or telephone (to the e-mail address and cell phone number provided in your registration) are valid, efficient and sufficient for the promotion of any issue referred to the Site.

7.6. Date and time. The Site is based on the official date and time from Brasília (UTC/GMT -03:00).

7.7. Applicable Law and Forum. These Terms are interpreted according to the Brazilian legislation, in Portuguese language and we elect the forum of the City of São Paulo, São Paulo State, to settle any controversy, except if the applicable law specifically contradicts other personal, territorial or functional competence.

8. GLOSSARY

i. RESEARCH INCENTIVE FUND ASSOCIATION known as AFIP: ASSOCIAÇÃO FUNDO DE INCENTIVO À PESQUISA, with headquarters in the city of São Paulo, São Paulo State, at Rua Napoleão de Barros, 925, Vila Clementino, CEP 04024-002 and registered with CNPJ/MF under the number 47.673.793/0001-73.

ii. Contact Channels: Ways of contact available by the IS for the resolving of doubts and receiving of suggestions related to our Website.

iii. Registration: Way of access created for the Website utilization.

iv. Instituto do Sono: Scientific Institute responsible for researches and exams related to the quality of sleep.

v. Layout: Platform encompassing appearance, design and flow of the Website.

vi. Link: Terminology for the Internet address.

vii. Physician: Health Professional who access the Site for visualization of exams and other allowed functionalities.

viii. IS’s Website: Electronic platform available through the Internet which allows the Users, Physicians and Volunteers in general, to access the functionalities related to studies and researches developed by the IS.

ix. User: Patient or non-patient who access the available features.

x. Volunteer: Person interested in the participation as volunteer in clinical studies conducted by the IS.