LICENSED APPLICATION END USER LICENSE AGREEMENT EULA

General terms and conditions of use – Acceptance

Thank you for visiting our website www.Ibyhealth.com and thank you for you interest in knowing or using the Ibyhealth services.
This term of use presents the terms and conditions of biding legal contract between you and the legal entity that owes the platform and de website regarding all services available in the platform and in the website in the present time or in the future.

The Ibyhealth services are provided by the business company IBYMETA TECNOLOGIA E INTERMEDIACAO DE SERVICOS LTDA, registered in the CNPJ/MF under the number 46.370.833/0001-45, intellectual propriety owner of the website, content and other assets related to the platform in joint development with the intellectual owner of the immersive digital platform.

The immersive digital platform is used by IBYMETA TECNOLOGIA E INTERMEDIACAO DE SERVICOS LTDA via the authorization of the intellectual propriety owner of the software WORKINGBOT TECHNOLOGIES PVT LTD.
The use of our services will also be subject to the terms of the Privacy Policy accessible at www.ibyhealth.com.

Agreement

The present Term of Use defines obligations that are freely and spontaneously contracted, for an indefinite period of time, between the platform and the natural or legal persons who are users or contracting parties of the services provided.

The use of the platform implies the full acceptance of the norms of this Term of Use as well as of the privacy policy conditions available at www.ibyhealth.com, with the user expressing his/her agreement and being obliged to respect them, at the risk of the applicable penalties.

If the user does not agree with any of the provisions of this Term of Use he/she should refrain from using platform or any of the services offered on it.

Object

The platform aims to provide to the general public a virtual environment related to the healthcare field, for meetings, socializing, discussions, professional improvement, remote medical consults with doctors and other healthcare professionals, and participation in courses, lectures, and specialization classes.

The services provided on the platform are the following: a three-dimensional hospital environment, with rooms for virtual consuls and interactive screens accessible to the user; personalized avatars; conference rooms for training and specialization courses, rooms for discussion of topics related to medicine and other healthcare areas.

The website www.ibyhealth.com sells some or all of the services made available remotely, according to the prices and conditions presented on the respective pages.

The services offered on the platform are described in the virtual environment and on the website www.ibyhealth.com with a higher degree of accuracy, containing detailed information about their characteristics, qualities, prices, payment conditions and cancellation rules.

The user should become aware the specifications of the services before finalizing any purchase.

Minors under 18 years of age and all those who do not possess full civil capacity must previously obtain the consent of their legal guardians for the use of the platform and the services available on it, and the platform will not be responsible for unauthorized access by minors or incapacitated persons without due authorization.

Access and Registration

The technical solutions made available by the platform allow the user access to the following services 24 (twenty-four hours) a day.  

However, navigation on the platform or on specific pages of the platform may be interrupted or suspended for the purposes of updates, alterations or technical maintenance.

Services will be provided under the following provisions.

Access to and navigation on the platform will depend on the prior identification of the user by providing data in a basic registration that will contain the user’s full name and e-mail address.

For the services of participating in or ministering lectures, classes, and training courses, as well as for accessing the consult rooms, the filling out of specific registration forms available at www.ibyhealth.com. will be required.

The user accepts the privacy policy terms expressing awareness that the personal data provided will be stored for platform operationalization purposes, contacts and charges, in the database of WORKINGBOT TECHNOLOGIES PVT LTD, located in India, with a mirror copy in the database of IBYMETA TECNOLOGIA E INTERMEDIACAO DE SERVICOS LTDA located in Brazil.

The user authorizes the platform to collect, use, store, in Brazil and India, treat and use the signatures derived from the use of the services and the platform, including the information provided by the user when filling out the registration form.

When registering, the user must inform complete, recent, and valid data, and it is the user’s sole responsibility to keep this data up-to-date, also committing to the veracity of the data provided as required by the platform.

The user commits not to inform his registration and/or access data to the platform to third parties, being fully responsible for any unauthorized use that may be made of such data due to negligence in keeping or sharing such data.

Minors under 18 years of age or users who do not have full civil capacity must obtain prior express consent from their guardians as a condition for entering and browsing the platform.

Once the registration is done without any reservations, the user declares under penalty of the law that he/she is fully capable and that he/she does not have any restriction to use the services made available by the platform.

Upon registration, the user will receive a login and a personal password through which the user will have individual access to the platform. The user is solely responsible for keeping and protecting the password in order to avoid unauthorized access to personal information by third parties.

The user may, at any time, request the cancellation of his/her registration on the platform, being the platform obliged to effect the cancellation, excepting the right of the platform to collect any debits pending settlement from the user.

Any activity carried out with the use of the password will be the exclusive responsibility of the user, who is responsible for immediately informing the platform of any loss, misuse or violation of the password.

The user password is personal and non-transferable, and the user is forbidden to assign, share, lend, sell, rent, or transfer it for any reason.

The user is solely responsible for ensuring the compatibility of his personal equipment with the technical characteristics of the platform for the purpose of the viability of its operation.

Prices

The hiring of medical consult services, of other areas related to healthcare and educational activities will be done through the website www.ibyhealth.com , according to the prices and conditions discriminated in the website, reserving the right to the unilateral readjustment of the values of the services offered, at any time, without the need for prior consent of the user.

The prices of the services will be those in effect at the moment of hiring by the user, this moment being considered the moment of ordering.
Prices for services are listed on the website in US dollars.

When contracting a certain service, the platform or the site may request information of a financial and personal nature from the user, such as billing address, credit card data, etc. By providing this information, the user agrees to be charged according to the payment method chosen and according to the current prices informed in the contract, authorizing the user to store this information to facilitate future access and hiring.

Cancellation

The user may cancel the services in accordance with the terms and deadlines defined in the specific purchase conditions, and may also cancel the services within 7 (seven) days after hiring, by request via e-mail ibyhealth@ibyhelath.com, under the terms of the applicable Brazilian legislation (Law 8.078/90).

The services may be canceled due to the violation of the platform’s Terms of Use.

Support

In case of questions, suggestions or problems using the platform, the user may contact our support via e-mail ibyhealth@ibyheath.com

The user support services will be available through contact via e-mail ibyhealth@ibyheath.com, with a response time of up to 24 (twenty-four) hours.

Responsibilities

The user is solely responsible:

  1. a) For defects or technical problems originated in the user’s own system or equipment.
  2. b) For the correct use of the platform, services or products offered, observing good coexistence, respect and cordiality with other users.
  3. c) For the fulfillment and respect to the norms of the Term of Use Conditions and the Privacy Policy, along with the national legislation of the Federative Republic of Brazil and international legislation.
  4. d) For the protection of his/her account access data (login/password).
  5. e) For the comments, opinions, contents, diagnoses and information disclosed on the platform.

The platform is responsible:

  1. a) For the indication of the characteristics, prices and conditions for services.
  2. b) For the defects and cancellations of the services if the platform has caused them.
  3. c) For the information disclosed on the platform by the platform.

No external links, pages, comments, manifests or information of illicit, violent, polemic, pornographic, racist, xenophobic, discriminatory or offensive nature may be included.

Copyright

This Term of Use grants the user a non-exclusive, non-transferable, temporary, provisional and non-sub-licensable license to access and use the platform and the services made available on it.

This Term of Use, as well as the access to the platform, does not grant the user any intellectual rights beyond the precarious and provisional license described in the previous item.  

The site format, avatars, brands, logos, names, layouts, design, images, backgrounds, presentations, sound and audio content, illustrations, photographs, videos, written content, transmission files and any other information are the property of IBYMETA TECNOLOGIA E INTERMEDIACAO DE SERVICOS LTDA under exclusive license from WORKINGBOT TECHNOLOGIES PVT LTD.

The software and databases are used by IBYMETA TECNOLOGIA E INTERMEDIACAO DE SERVICOS LTDA under license from the intellectual propriety owner WORKINGBOT TECHNOLOGIES PVT LTD.

Sanctions

IBYMETA TECNOLOGIA E INTERMEDIACAO DE SERVICOS LTDA may warn, suspend or cancel the user at any time in case of breach of duties, violation of the provisions of this Term or in case of fraudulent, malicious or offensive behavior to third parties.

Termination

Failure to comply with any rule established in this Term of Use, the Privacy Policy or the applicable legislation may imply, without prior notice, the unilateral termination of the right to access the platform and this contract, with the blocking of all services provided to the user.

The following termination and non-renewal provisions will apply

(i) By You: The user has the right to terminate his/her User Account for any reason, he/she may do so by sending a request to ibyhealth@ibyhealth.com. User’s records will remain active until the end of the billing cycle. Ibyhealth will not refund any fees with respect to fee-based billed service and/or any paid User Account that will be terminated.

(ii) By us – without notice. Ibyhealth may terminate, restrict or suspend your User Account, at any time and without notice, if we believe that the Services or Products are being used as follows: (i) in violation of applicable law, (ii) in any way harmful to other users, or (iii) in violation of the terms of this EULA, our Privacy Policy or any other term or policy incorporated by reference into this EULA. Ibyhealth will not issue refunds for any paid User Account that we terminate for the foregoing reasons.

Alterations

IBYMETA TECNOLOGIA E INTERMEDIACAO DE SERVICOS LTDA may unilaterally alter the content of the platform, as well as the services made available, without the need for prior notice or justification.

Eventual alterations will be conveyed by IBYMETA TECNOLOGIA E INTERMEDIACAO DE SERVICOS LTDA on the platform itself, in which case the user may choose to accept the new content or cancel the services that have already been hired

Privacy Policy

The user expresses consent to the Privacy Policy to be presented to all visitors to the platform.

Data Storage

We reserve the right to alter and/or discontinue any Service subject to this EULA. You explicitly agree that Ibyhealth is under no obligation to store, process, maintain or provide copies of any user-generated content or content provided by you and others through our products or services, except to the extent determined and required by law and under the Privacy Policy.

Recordings

A host may record the meetings and webinars held through Ibyhealth. Ibyhealth is not responsible for the use, sharing, or disclosure of webinar recordings by third parties.  You are solely responsible for using the recording tools associated with our Services. You hereby consent to keep a record and to store all recordings of meetings and webinars conducted through Ibyhealth. When a meeting or webinar is being recorded, you will receive notification of such recording. If you object to being recorded, you may leave the meeting or webinar. Ibyhealth may not post or share webinar excerpts without authorization from the participants.

Jurisdiction

For the resolution of any dispute arising from the present contract, Brazilian law is applied, electing the district of Belo Horizonte/Minas Gerais as the competent jurisdiction, due to the fact that it is the company’s headquarters.