TERMS AND CONDITIONS OF USE FOR NAVEGACARE 

Last updated: October 22, 2024

KEY PRINCIPLES
These Terms and Conditions ("Terms") apply to the use of the mobile applications and/or website of NAVEGA CARE TECNOLOGIA LTDA. ("Navegacare," "we," "us," "our"). By accessing or using our services, you ("User," "you") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the services provided by Navegacare.

1. DEFINITIONS
   "Navegacare": NAVEGA CARE TECNOLOGIA LTDA., based in São Paulo, Brazil.
   "User": Any person who accesses or uses the services provided by Navegacare.
   "Services": Includes access to and use of our mobile applications and website, as well as any services offered through them.
   "Content": All information, text, graphics, images, videos, audios, or other materials available through the Services.
   "Third-Party Providers": Independent third parties that may offer services or content through Navegacare.
2. DESCRIPTION OF THE SERVICE

2.1. General
Navegacare is a digital platform designed to facilitate and optimize the caregiving process, empowering caregivers. Through our mobile application and website, Users can:

• Manage caregiving tasks and assignments.
• Schedule and receive reminders for medical appointments and events.
• Monitor and manage medication administration.
• Coordinate with other members of the caregiving team.
• Use artificial intelligence (AI) tools like voice-to-text and image-to-text to improve efficiency.
• Access educational content provided by healthcare professionals.

Important:

• Navegacare acts as a technological intermediary and is not a direct provider of medical services nor does it offer medical advice.
• Our platform does not replace consultations with healthcare professionals.
• The information provided by Users or third parties on the platform is not verified by Navegacare. Users must use their own judgment and consult healthcare professionals for decisions related to caregiving.

3. ACCEPTANCE OF TERMS
   By creating an account or using the Services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must stop using the Services immediately.
4. ELIGIBILITY AND REGISTRATION

4.1. Minimum Age and Parental Consent

• Users Over 18: You must be over 18 years old to use the Services on your own.
• Users Under 18:some text
  • Parental Consent: If you are under 18, registration and use of the Services must be done by your parents or legal guardians on your behalf.
  • Legal Guardian Responsibility: Parents or guardians who register minors under 18 assume legal responsibility for the use of the Services and the accuracy of the information provided.

4.2. Account Creation

• Accurate Information: You agree to provide accurate and complete information during the registration process and to keep this information up to date.
• Account Security: You are responsible for maintaining the confidentiality of your username and password. You must notify Navegacare immediately of any unauthorized use of your account.
• Responsibility: You are responsible for all activities that occur under your account, including the content you provide and interactions with other Users.

5. USE OF SERVICES

5.1. Acceptable Conduct

• Use the Services in compliance with applicable laws and regulations.
• Respect the rights and dignity of other Users and third parties.
• Only provide the necessary information for the proper functioning of the Services.
• Consult healthcare professionals for medical decisions and do not rely solely on the information provided on the platform.

5.2. Prohibitions

• Illegal or Harmful Content: You must not upload, post, or transmit content that is illegal, offensive, defamatory, obscene, or that infringes on the rights of others.
• Unauthorized Access: You must not attempt to access unauthorized systems, data, or information from Navegacare or other Users.
• Service Interference: You must not interfere with or disrupt the operation of the Services or the servers and networks connected to it.
• Sensitive Health Data: Avoid entering unsolicited or highly sensitive medical information, such as complete medical histories or test results, except in fields specifically designated for necessary health data for the functionality of the Services.

6. PERSONAL DATA AND PRIVACY

6.1. Informed and Explicit Consent

• Personal and Health Data: By using the Services, you provide your informed and explicit consent for the processing of your personal and health data as described in our Privacy Policy.
• Specific Consent: You will be asked for explicit consent for the processing of health data through a clear affirmative action, such as checking a separate consent box.

6.2. Third-Party Data

• Authorization: If you provide personal data of third parties (e.g., dependents, family members, or those under your care), you declare and guarantee that you have obtained the informed and explicit consent of such individuals to share their data with Navegacare, in compliance with the LGPD and GDPR.
• Responsibility: You assume responsibility for the third-party data you provide in the Services and agree to inform them of the processing of their data and their rights under data protection laws.

7. INTELLECTUAL PROPERTY

7.1. Reserved Rights
All rights, titles, and interests in the Services and their content (except for User-provided content) are owned by Navegacare or its licensors and are protected by intellectual property laws.

7.2. Limited License
You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal and non-commercial purposes, in accordance with these Terms.

7.3. User Content
By uploading content to the Services, you grant Navegacare a limited license to use, reproduce, and display such content solely to provide the Services. You retain all rights to your content and are responsible for ensuring that it complies with these Terms and applicable laws.

8. THIRD-PARTY SERVICES

8.1. Integrations
The Services may include integrations with third-party services, such as Google Calendar and tools provided by Glide.

8.2. Third-Party Terms and Policies
Your use of third-party services is governed by their own terms and privacy policies. You agree to comply with such terms when using the integrations.

9. PAYMENTS AND SUBSCRIPTION

9.1. Paid Services
Some advanced features may require a subscription or payment, which will be clearly detailed before the transaction is completed.

9.2. Pre-Contractual Information
Before making any payment, you will be provided with clear and understandable information about the total price of the services, including taxes and fees, the main features of the services, the contract duration, renewal terms, and your right of withdrawal.

10. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

10.1. Use at Your Own Risk
The Services are provided "as is" and "as available." Navegacare will make reasonable efforts to ensure the availability and functionality of the Services but cannot guarantee uninterrupted, error-free, or completely secure Services.

11. INDEMNIFICATION
    You agree to indemnify and hold Navegacare, its affiliates, officers, employees, and agents harmless from any reasonable claim or demand, including legal fees, arising from your violation of these Terms or any applicable law or rights of third parties.
12. TERMINATION AND SUSPENSION
    12.1. By the User
    You may close your account and stop using the Services at any time, without penalty, through your account settings or by contacting customer service.
13. CHANGES TO THE SERVICE AND TERMS
    Navegacare reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time. Significant changes will be communicated to you in advance.

13.1. Changes to the Service

Navegacare reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time.

You will be provided with reasonable advance notice of any significant changes that may affect your rights or the use of the Services.

13.2. Updates to the Terms
We may update these Terms from time to time. Modifications will be communicated through the Services or via email at least 30 days in advance. If you do not agree with the new Terms, you may terminate the contract without penalty before the changes take effect. Continued use of the Services after the effective date of the new Terms constitutes your acceptance of them.

14. APPLICABLE LAW AND JURISDICTION
    These Terms will be governed and interpreted in accordance with the laws of the Federative Republic of Brazil. Any disputes arising from these Terms will be subject to the jurisdiction of the courts of São Paulo, State of São Paulo, Brazil. Nothing in this clause affects your rights as a consumer under the applicable law in your place of residence if it differs from Brazilian law.
15. DISPUTE RESOLUTION
    15.1. Customer Service
    For any questions, complaints, or disputes, please contact our customer service at info@navegacare.com or call +34 665 54 9788.

15.2. Mediation and Arbitration
If a dispute cannot be resolved through customer service, the parties may pursue alternative dispute resolution methods such as mediation or arbitration, in accordance with Brazilian law.

15.3. Consumers in the European Union
If you are a consumer located in the European Union, you can submit claims through the European Commission's online dispute resolution platform, pursuant to Regulation (EU) 524/2013, available at https://ec.europa.eu/consumers/odr.

16. CONFIDENTIALITY AND DATA PROTECTION
    We are committed to protecting your privacy and confidentiality. The processing of personal data will be carried out in accordance with our Privacy Policy and applicable regulations, including the Lei Geral de Proteção de Dados (LGPD) in Brazil and the General Data Protection Regulation (GDPR) in the European Union, where applicable. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risks, particularly in the handling of health data. For more information on how we collect, use, and protect your personal data, please refer to our Privacy Policy available on our website.
17. USER RIGHTS REGARDING DATA PROTECTION
    You have the following rights concerning your personal data:

• Access: You can request access to your personal data at any time.
• Correction: You have the right to request the correction of inaccurate or incomplete data.
• Deletion: You can request the deletion of your data when it is no longer necessary for the purposes collected or under other circumstances provided by law.
• Portability: You may request to receive your data in a structured format and transfer it to another controller.
• Objection: You can object to the processing of your data in certain circumstances.
• Withdrawal of Consent: You can withdraw your consent at any time without affecting the lawfulness of the processing based on your prior consent.

Contact to Exercise Rights:
You can exercise your rights by sending a request to info@navegacare.com or to our postal address. You must provide sufficient information to verify your identity and detail the right you wish to exercise. We will respond to your request within a maximum of 15 business days, in accordance with the LGPD.

18. GENERAL PROVISIONS

18.1. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Navegacare and replace any prior agreements or understandings.

18.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be interpreted in a way that best reflects the original intention.

18.3. Waiver
The failure or delay in exercising any right, power, or privilege under these Terms will not constitute a waiver, nor will any single or partial exercise of any right prevent future exercise of it.

18.4. Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Navegacare. Navegacare may assign or transfer its rights and obligations without your consent but will notify you of such assignment.

19. SECURITY MEASURES AND HEALTH DATA PROTECTION

19.1. Health Data
We recognize the sensitive nature of health data and apply additional measures to protect it. Only the health data necessary for the provision of the Services will be collected, and with your explicit consent.

19.2. Technical and Organizational Measures

• Encryption: Health data is stored and transmitted using high-security encryption.
• Access Control: Access is restricted to authorized personnel necessary for the provision of Services, with multi-factor authentication and role-based permissions.
• Audits and Assessments: We conduct data protection impact assessments and periodic audits to ensure compliance and the effectiveness of our security measures.
• Backup and Recovery: We maintain secure backups and disaster recovery plans to protect your data against loss or damage.

19.3. Proactive Responsibility
Navegacare is committed to proactive responsibility, documenting and demonstrating compliance with the LGPD and GDPR. We continuously strive to improve our security and privacy practices.

20. CONTACT
    If you have any questions regarding these Terms, need assistance, or wish to exercise your rights, you can contact us at:
    Email: info@navegacare.com
    Postal Address:
    NAVEGA CARE TECNOLOGIA LTDA.
    São Paulo - SP, Brazil
    Phone: +34 665 54 9788
    Data Protection Officer (DPO): info@navegacare.com

Important Note: These Terms and Conditions are drafted to comply with applicable laws in Brazil, including the Lei Geral de Proteção de Dados (LGPD), and, where applicable, the General Data Protection Regulation (GDPR) of the European Union. We recommend that Users periodically review these Terms to stay informed about any changes. For specific issues or legal advice, consult a legal professional.

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