TERMS OF USE

Last update: June 4, 2020.

WARNING – READ CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES

 

These are Phelcom Technologies (“Phelcom”) Terms of Use and Services. Phelcom is the company which owns the website www.phelcom.com.br, the mobile application software Eyer and the management software EyerCloud, through which Phelcom Services can be accessed and/or used by our Users and/or Customers.

These Terms of Use are a contract (“Agreement”) between you (our User and/or Customer), and us, Phelcom. Here we describe the Services we offer you and the conditions of use for our Website as well as our Softwares Eyer and EyerCloud. This is a legal document and, for this reason, even if part of its language includes legal terms, we try to make it as clear as possible. These terms are so important that we cannot provide you our services and products before you accept them.

You agree with these Terms by accessing our Website and/or Softwares Eyer and EyerCloud, either as User and/or Customer, for free or by means of a paid subscription service.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU CANNOT USE NOR ACCESS OUR SERVICES

We periodically update these Terms of Use, for legal reasons, due to creation of new technologies and functionalities in our Softwares, as well as other reasons considered necessary. If you have an active registration of our Services, we will inform you about our updates via email or notification in our Softwares. We remind that, by accessing our Website or Softwares, after updates, you agree to such amendments as well.

In case of doubts, please contact us by email, contato@phelcom.com.br, or write to PHELCOM TECHNOLOGIES LTDA. – ME – 820, José Missali Street – Jardim Santa Felícia – ZIP CODE:13.562-405 – São Carlos / SP, Brazil

 

SUMARY

 

  1. DEFINITIONS
  2. USE OF WEBSITE AND SOFTWARES EYER AND EYERCLOUD
  3. RESPONSIBLE USE OF WEBSITE AND SOFTWARES EYER AND EYERCLOUD
  4. COPYRI11GHTS AND TRADEMARKS
  5. DISCLAIMER OF WARRANTIES
  6. DISCLAIMER AND LIMITATION OF LIABILITY
  7. INDEMNITY
  8. PRIVACY
  9. ADDITIONAL TERMS OF SERVICE
  10. MODIFICATION AND INTERRUPTION
  11. USER ACCOUNT AND INFORMATION
  12. FEEDBACK AND SUBMISSIONS
  13. THIRD PARTY CHANNELS AND LINKS
  14. FILE DOWNLOADS
  15. GENERAL REGULATIONS

1. DEFINITIONS

 

“Agreement” – refers to these Terms of Use and Services offered by Phelcom through our different channels (Website and/or Softwares), and to all materials mentioned or bound by this document.

“Subscriber” – refers to Phelcom Customers that subscribe to the Management Software EyerCloud Subscription Service, in order to manage patients data, images, exams and reports.

“Eyer Fundus Camera” – refers to the handheld fundus camera device, a product developed by Phelcom. It integrates to the Eyer Software, installed in a smartphone with Internet connection, which permits biometric data capture for panoramic imaging that enables remote diagnosis of eventual retina-related pathologies.

Phelcom Customers – refers to Self-Employed Professionals, as Physicians, and to medical or laboratorial institutions, such as Clinics and Hospitals, that utilize Phelcom Services to carry out retina examinations in Patients and/or to manage collection of reports and examination results carried out through Eyer Fundus Camera. Any other Technical Professional hired by Phelcom Customers to carry out the referred retina examinations, further than employees, representatives, consultants, hired parties or agents authorized by Customers to utilize the Services are included in this definition.

Personal Information – means all information/data that you, User and/or Customer, natural person, provide through your access and use of our Website and/or Phelcom Softwares and that, grouped or not, enable you to be identified or come to be identified. For example: full name, address, birthdate and mother’s name. The way, goal and reason why we collect, process and store your Personal Information and your Sensitive Data are objects of a Data Privacy Policy available below.

Sensitive Data – For the purposes of this Agreement and in accordance with currently applicable rules on Data Privacy, that means all the information which reveal racial or ethnic origin, political opinions and religious or philosophical convictions, union membership, information related to personal sexual life or preference, as well as health, genetic and biometric data, that enables unequivocally identifying a natural person.

Qualified Technical Professionals – are all professionals trained by Phelcom or Phelcom Customers to operate Eyer Fundus Camera and/or Softwares correctly, in order to carry out retina examinations, including Physicians or other healthcare technical professionals.

Patients – third party beneficiaries of services, whose personal and biometric data are collected during retina examinations carried out by Physicians or other Qualified Technical Professionals through Eyer integrated system (Fundus Camera, Eyer Software and EyerCloud).

“Services” – for the purposes of these Terms of Use, refer, on the whole, to the content provided by Phelcom Website, as well as to the technological functionalities offered by  Eyer and EyerCloud Softwares to Phelcom Users and/or Customers. Services may be free or paid.

Free services – refer either to the informational content provided to Users and/or Customers by the Website or to the Management Software EyerCloud, which allows Customers to utilize services up to the limit of 1.000 (one thousand) retina examinations per subscription

• Paid Services – refer to the subscription service of EyerCloud Management Software offered to Customers by Phelcom, when the limit of 1.000 retina examinations is exceeded for the registration of a single Subscriber, or  additional services such as remote reports or others offered upon Customer acceptance in Eyer and EyerCloud Softwares.

• “Website” – Phelcom platform that provides information on Phelcom and its products, services and business opportunities.

• “Eyer Software” – refers to the software application developed by Phelcom to be installed in a mobile phone device (smartphone) and that, integrated to Eyer Fundus Camera, collects personal and biometric data from Patients with the specific aim of capturing retina images. Alongside EyerCloud Management Software, they are named “Softwares”.

• “Eyercloud Management Software” – means Phelcom management software, which receives, processes and stores Patient data in clouds, generating reports and examination results to Phelcom Customers and enabling remote diagnosis. This management software can be provided to Phelcom Customers upon monthly subscription, paid or free of charge. It is named “Softwares” alongside Eyer Software.

Users: refers to all individuals who access and use our Services, such as Phelcom Customers, including any Doctor and/or Technical Professional Authorized to handle, operate and feed the Softwares.

2. USE OF WEBSITE, EYER AND EYERCLOUD SOFTWARES

 

Phelcom services are designed to support and help prevention and diagnosis of retina diseases and do not replace the relation between Patient and his/her personal Physician or any other healthcare professional who personally and presentially assists the Patient, in cases of treatment of any ophthalmological disease or of any other kind. Patient must contact his/her Physician directly if he/she has doubts or worries about his/her ophthalmologic health or health as a whole.

YOU RECOGNIZE THAT PHELCOM WEBSITE CONTENT ONLY SERVES INFORMATIVE MEANS AND MUST NO BE USED AS A REPLACEMENT FOR PROFESSIONAL HEALTHCARE ADVISING, DIAGNOSIS OR TREATMEN

2.1.  AUTHORIZED USE

a. Website authorized use: You can access the Website and all the information, texts, images and/or other content that you visualize or experience in any other way in the Website, only for non-commercial ends, in other words, only for personal use and to know more about Phelcom products and services, and only in the forms stipulated in these Terms of Use

b. Eyer Software authorized use: You can access Eyer software solely for medical diagnostic ends, namely, to carry out retina examinations, and only in the form stipulated in these Terms of Use and, eventually, in specific separate agreements signed between you and Phelcom.

c. Authorized use of EyerCloud Software: You can access EyerCloud Software only for purposes of medical diagnostic management, namely, to obtain reports and results of Patients retina examination, and only in the form stipulated in these Terms of use or in the terms of any separate service agreement you sign with Phelcom.

In all the cases (a), (b) and (c) above, you must have all the necessary equipment for your own Internet connection, including computer, mobile device and modem, as well as provide your Internet access, paying all taxes related to the connection.

2.2.  UNAUTHORIZED USE OF THE WEBSITE, EYER AND EYERCLOUD SOFTWARES

Phelcom concedes you a non-exclusive, non-transferable and revocable permission of use, since you agree not to:

a. Use the Website and Softwares in any way that violates these Terms of Use;

b. Copy, modify, create a derivative work or carry out reverse engineering or reverse assembly of Website and Softwares, or try in other ways to discover any source-code or allow third parties to do it;

c. Sell, concede, sublicense, distribute, commercially explore, concede a warranty or in any other form transfer or provide any rights over content or Services to third parties;

d. Use or initiate automated systems, including, inter alia, “robots”, “spiders” or “offline readers”, which access the Website and Softwares in order to send Phelcom servers, in a given period of time, more requests than a human being could send in the same period through a conventional online web browser;

e. Use the Website and Softwares in order to damage, deactivate or overload any Phelcom website or yet interfere in the use and usefulness of Website by any other third party;

f. Mirror or embed the Website and Softwares, or any of their parts, in other websites, applications or web pages;
Try to obtain unauthorized access to Website and Softwares;

g. Access the Website and Softwares by any other means than the Website and Software access interface provided by Phelcom;

h. Use the Website and Softwares to any any purposes or in any forms that are illegal or forbidden by this Agreement.

i. Unauthorized use of content from the Website or Softwares may violate patent laws, copyrights, trademarks, inter alia.

3. RESPONSIBLE USE OF WEBSITE, EYER AND EYERCLOUD SOFTWARES

  1. Report suspected violations: We encourage recipients of email messages using Phelcom Services to report any suspected violations of these Terms of Use by forwarding us a copy of the received message with COMPLETE headers to contato@phelcom.com.br
  2. We have a policy to investigate all such reports and respond in the way we consider appropriate.
  3. Forbidden Email Actions: You cannot send us bulk email messages. Bulk email is spam when not requested. Not requested means the recipient did not give verifiable consent to the message to be sent.
  4. You cannot use false or deceptive names, addresses, email addresses or subject headers when you wish to contact us.
  5. Email deactivation request: You assure that each email message you send to Phelcom will contain a recommendation for the recipient to be able to cancel any unsolicited or inadequate communication (and also on how to notify you about cancelling or interrupting use of your information).
  6. You must not, direct or indirectly, use Phelcom Services in a way that:

a. is threatening, abusive, offensive or defamatory;
b. is deceptive, false or fraudulent;
c. either invade the privacy or violate legal rights (such as rights of privacy and intimacy) of another person
d. contains vulgar, obscene or indecent material;
e. infringes rights of intellectual property of third parties;
f. publishes or distributes any software, music, video or any other material protected by laws of intellectual property (or rights of privacy or publicity), unless you have all the necessary rights and consents to do it;
g. uploads files that contain viruses, corrupted files or any other similar software or program that may damage the operation of the smartphone or computer of another person;
h. downloads any file that you know, or reasonably should know, cannot be legally distributed this way;
i. falsifies or excludes attributions to author, legal or proprietary designations, origin or software source labels or any material contained in a file that has been uploaded;
j. restricts or inhibits any other user of Phelcom Services from using and benefiting from our website and/or our Services;
k. collects information about others, including email addresses, without consent;
l. violates standards or rules of use of an entity affected by its use, including, without limitation, any IP or list of user group, by, for example, bypassing or exceeding rights and restrictions on the use of the equipment and/or location
m. is legally actionable between private parties.

 

You will NOT use Phelcom Services to: (i) intentionally tamper with the security of our Services or violate our Users and/or Customers accounts; (ii) access data not destined to you; (iii) enter a server or account in Phelcom Services that you are not allowed to access; (iv) try to investigate, verify or test vulnerability of any Phelcom Service, or violate security or authentication measures without due authorization; (v) intentionally disable any part of Phelcom Services; (vi) lease, distribute, sell or commercially exploit Phelcom Services or distribute them to unauthorized third parties, except in conformity with these Terms of Use or any other agreement you come to sign with Phelcom; (vii) provide any trial version of Phelcom Services to third parties without our previous written consent.

4. COPYRIGHTS AND TRADEMARKSS

No right, title or interest of any Content is transferred to you, either as result of downloading such content or of any other way. Phelcom holds the right to explore the intellectual property over the Website and Software, to the extent permitted by law and in agreements signed between Phelcom and its partners. Except when expressly authorized by these Terms of Use, Website and Software content cannot be copied, reproduced, modified, published, uploaded, transmitted, run or distributed in any form, and you agree not to modify, rent, lease, lend, sell, distribute, transmit, diffuse or create derivative works based on the Website and Software contents, wholly or in parts, by any means, derive another work from any content obtained from Phelcom Website and Softwares.

Eyer and Eyercloud trademark, including respective figurative and nominative logos are Phelcom property. Appearance, layout, color scheme and design of Website and Softwares are protected by visual identity laws. User and/or Customer does not receive any right or license to use them. Phelcom can use and incorporate to Website or Softwares any suggestion or other feedback you provide, free of charge or condition.

5. DISCLAIMER OF WARRANTIES

Services are supplied as they are presented and their use is at your own risk. To the extent of law, except for separate agreements in other terms between you and Phelcom, this company makes no representation nor guarantee of any kind, express or implicitly, related to the use of Services or any information or contents presented in them. Website and Software use duly recognized national and international protocols as a reference source, but are not responsible for the accuracy or reliability of the information contained therein, whether presented by Phelcom, Physicians or any other provider.

Phelcom will not be responsible for any availability interruption of Website and Softwares and cannot assure the application is always completely free of viruses, worms, trojans or any other harmful components.
Phelcom takes all measures demanded by law and the best safety practices to assure all the information you provide are disclosed only according to which you specified. Phelcom, however, cannot assure the personal information you input will never be detoured, intercepted, deleted, destroyed or utilized by other people.

6. DISCLAIMER AND LIMITATION OF LIABILITY

  1. Phelcom will not be responsible for any damage due to use, misuse or impossibility of use of Service;
  2. Phelcom and its service providers, licensors and suppliers disclaim any warranty and conditions related to Website and Softwares content, including all implicit guarantees and conditions of trade, adequacy to a determinate end, title and non-infringement. No advice or information, spoken or written, obtained from Phelcom shall, in any way, create any guarantee not declared expressly and explicitly in this agreement. Content can include imprecisions and typing mistakes.
  3. To the maximum extent permitted by law, under no circumstances will Phelcom and its service providers, licensees or suppliers be held responsible for any direct, indirect, punitive, incidental, special, consequential, exemplary or other kinds of damage, including, inter alia, cover damage, damage for loss of use, data, revenue or profit, resultant or in any way related to Website and Softwares use or performance, to delay or inability to use the Website or Softwares, either based in agreement, negligence, strict liability or lack of any resources to reach its essential purpose, even if Phelcom or any Phelcom supplier has been warned about the possibility of damage. As some states/jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damage, the limit above may not apply to you.

Nevertheless, if it is determined that Phelcom takes any responsibility for you or a third party for any forfeits, damage or loss, you agree that Phelcom and its employees, directors, managers, affiliated companies, agents, suppliers, service providers or licensors must be limited to BRL 5.000 (five thousand Brazilian reais)


7. INDEMNITY
 

You understand and agree to be personally responsible for your own use of Website and Softwares. In case of misuse or inability to use the Website or Softwares, or any violation of these Terms of Use, you agree to indemnify, defend and exempt Phelcom and its respective directors, executives, employees, agents, lawyers, independent contractors, their parent companies, controlled companies, subsidiaries, joint ventures, commercial partners, licensors, employees, agents and data providers of third parties from and against all claims, losses, expenses, damages and costs (including, inter alia, direct, incidental, consequential, exemplary and indirect damages), as well as reasonable attorney fees.

 8. PRIVACY

Phelcom Privacy Policy is accessible through the link https://www.phelcom.com.br/politica-de-privacidade/ . We may modify it from time to time. The Privacy Policy governs any disclosure or use of your personal information and personal healthcare information. By using Phelcom Services, you declare that you read, understand and agree with the Privacy Policy terms..


9. ADDITIONAL TERMS OF SERVICE

If you are a Phelcom customer, or a customer’s employee, representative or agent, your use of our Services is also subject to these Terms of Use.


10. SERVICE MODIFICATIONS AND INTERRUPTION

Phelcom reserves the right to modify or shut down the Website. In this case, you will be previously informed by our communication channels. You recognize and agree that Phelcom does not assure continuous, uninterrupt and totally safe access to the Services. The latter may suffer interference or be affected by numerous factors or circumstances beyond our control.

11. ACCOUNT ABD USER INFORMATION

Phelcom reserves the right to modify or shut down the Website. In this case, you will be previously informed by our communication channels. You recognize and agree that Phelcom does not assure continuous, uninterrupt and totally safe access to the Services. The latter may suffer interference or be affected by numerous factors or circumstances beyond our control.

12. FEEDBACK AND SUBMISSIONS

If you send us comments, ideas or feedback through our channels, you agree since now that we may use them with no restraint or pecuniary compensation or any other kind of compensation to you. We do not renounce any right to use comments, ideas or similar or related comments that we previously know, developed or obtained from other sources that are not you.

13. CHANNELS AND LINKS FOR THIRD PARTY WEBSITES

Website may present links to other Internet sites that are property of and operated by third parties. Keep in mind we are not responsible for availability or contents located in any website from third parties. Phelcom Website links to other sites do not consist in an endorsement by Phelcom to the content of such sites. You must contact us if you have any doubts regarding such links or the content of such sites. Use of third party sites is subject to the terms of use and privacy policy of each one of them and we are not responsible for them. We encourage you to review privacy policies of third party websites.

When providing links to third party websites, Phelcom will not investigate the content of such information and does not endorse or guarantee their exactitude, statements or recommendations. As long as you use any link to any other site on the Internet, you understand and agree that the use of such third party websites is at your own risk

14. FILE DOWNLOADS

Phelcom cannot assure all the files eventually available for download through the Website or Softwares will be free of virus infection or any other harmful computer program.

15. GENERAL REGULATIONS

Full agreement. These Terms of Use constitute the full agreement between parts related to its object. No renouncement on Phelcom side of any violation established in these Terms of Use will be interpreted as renouncement of any precedent or subsequent violation.

Validity of clauses. In case any clause in these Terms of Use is considered invalid or inapplicable, the invalid or inapplicable declaration will not affect the other clauses in these Terms of use, which will remain in full force and effect.

Applicable law and choice of court. Each and every dispute related to these Terms of Use, to Phelcom Privacy Policy, to your use of the Website, Application and any other Phelcom content are ruled and will be interpreted according to Brazilian law, disregarding any conflicts of law provisions. You agree to the exclusive jurisdiction of the district of São Carlos, State of São Paulo, Brazil, for any dispute derived from or related to these Terms of Use, to Phelcom Privacy Policy, your use of the Website, Softwares and any other website or contents which are Phelcom properties.

16. OTHER TERMS

Phelcom welcomes your questions or comments regarding the Terms of Use.

Contact us through the website or by email contato@phelcom.com.br and we will make all reasonable efforts to respond promptly and resolve any issue or question.

Copyright 2019 Phelcom. All rights reserved.

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Copyright violation complaints

Phelcom respects third party intellectual property rights and asks its users to do the same. Phelcom may, at its sole discretion, suspend access or terminate accounts of users who violate third party intellectual property rights.

If you believe your work has been copied in any ways that constitute violation in Phelcom website, send Phelcom a notification to the email contato@phelcom.com.br

In order to be efficient, notification terms must contain reasonably enough information to allow Phelcom to get in touch with the complaining party, such as address, phone number and, if available, an email address through which the complaining party can be contacted.