MEDME offers patient or employee engagement and a virtual care platform providing content, functionality and other products and services when you visit.ita MEDME.care (the “Website”), use the MEDME.app or MEDMEcolab.app mobile application (the “Application”).

The MEDME.online or MEDMECOLAB.online desktop solutions (the “Backoffice”) are used by healthcare professionals.

  Through our services, these professionals can provide online healthcare services to their clients and patients.

 

By accessing, browsing and/or using the Services, you acknowledge that you have read and agree to this Terms of Use and Service ("Term") and ourPrivacy Policy, found on the GIGO website, which is incorporated herein and apply to Brazilian users.

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Some of the features, functionality, tools, content and promotions available on the Application, Site, Backoffice or through the Services may be subject to additional or supplemental terms and conditions ("Supplemental Terms"). If you choose to access or use these features, functionality, tools or content or participate in these promotions, the applicable Supplemental Terms ​​ will also be incorporated into and deemed part of these Terms of Use .

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Please read the Terms of Use, our Privacy Policy and any applicable supplemental terms (collectively, the "Terms") carefully, as they contain terms and conditions that impact your rights, obligations and remedies related to your use of the Services and Content.

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Terms include:

• Your obligation to comply with all applicable laws and regulations;

• Limitations of our liability to you; It is

•   Claims Guidance

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Your access to and use of the Services is conditioned on your acceptance of and compliance with all applicable terms. ifIf you do not agree to these Terms or our Privacy Policy, please stop using the Services immediately.

We reserve the right to change these Terms at any time (see “Changes to these Terms” below). These terms and our privacy policy constitute a binding agreement between you and GIGO.

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Consequences of Non-Compliance

Failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

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Index

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1.Eligibility

two.No medical advice

3.Changes

4.Accounts

5.Fees and Terms of Payment

6.User conduct guidelines

7.Intellectual property rights and licenses

8.Third Party Terms

9.Warranties, Disclaimers, Limitation of Liability and Indebtednessnization

10.Applicable law and dispute resolution

11.Several

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1. Eligibility

The Services are only offered to individuals over the age of 18.

The Application does not replace medical treatment. You are solely responsible for your use of the Application. If you have, or think you may have, a serious health condition/illness, please do not use the Services and contact your physician immediately for further medical evaluation.

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If any of the items below apply to you, please do not use the Application unless you have received a medical examination from a physician who clears you to use the Application or the specific physical exercises used ​_d04a07d8-9cd1 -3239-9149-20813d6c673b_in the Application.

Do not use the MEDME.App or MEDMECOLAB.App if you have any health condition that could put you at risk when using the app, including the following:

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• Potential spinal injury or fracture. Do not use the app if your back pain is related to a fall or other traumatic injury and has not been examined by your doctor to rule out spinal damage.

• Potential joint damage. Do not use the app if the pain in any joint in the body (eg Hip, Knee, etc) is related to a fall or other traumatic injury and has not been clinically examined by the physician to rule out such joint damage.

• Osteoporosis or decreased bone density. Do not use the app if you have a history of osteoporosis or a history of low bone density (age-related bone loss or other medical reasons) unless cleared by a physician for the physical exercises used _d04a07d8-9cd1-3239-9149- 20813d6c673b_​in the app.

• Cancer History. Do not use the app if you have or have had a spinal tumor, a history of cancer or night pain, unexplained weight loss and/or unexplained fatigue, unless you have a doctor's clearance for the physical exercises used _d04a07d8-9cd1-3239- 9149-20813d6c673b_​in the app.

• Infection. Do not use the app if you have a history of unexplained fever, a recent bacterial infection, potential unexplained ​​ symptoms of infection (feeling sick and/or fatigue), recent surgery or injection in any part of the body, unless cleared by a physician for the physical exercises used ​​ in the app.

• Cauda Equina Syndrome and/or Spinal Radiculopathy. Do not use the app if you have a history of loss of sensation or weakness in your legs and/or genital area, bowel or bladder incontinence.

• Spine surgery. Do not use the app if you have recently had spinal surgery, if you have been recommended for surgery, or if you are scheduled for surgery.

• Recent joint surgery. Do not use the app if you have had recent joint surgery (eg hip or knee) unless cleared by a doctor for the physical exercises used 20813d6c673b_in the application.

• Advanced heart disease. Do not use the app if you have a history of heart disease or shortness of breath after walking less than 2 flights of stairs or other unexplained cardiovascular complaints ​​ (such as palpitations and/or edema in the legs).

• Neurological conditions. Do not use the app if you have any condition associated with impaired movement control due to neurological conditions, such as the aftermath of a stroke.

• Musculoskeletal problems affecting major joints in the lower body. Do not use the app if you have any condition associated with pain or reduced function of the main joints of the lower limbs, unless cleared by a physician for the physical exercises used 20813d6c673b_in the application.

• Pregnancy. Do not use the app if you are or think you may be pregnant, unless you have a doctor's clearance for the physical exercises used ​​in the app.

• Gait imbalance or history of falls. Do not use the app if you have a gait imbalance, a history of falls, or if you experience dizziness or exercise-induced low blood pressure unless cleared by a physician for the physical exercises used -9149-20813d6c673b_in the app.

 

If you have been referred to a specialist, are currently seeing a specialist, or have seen a specialist in the past regarding your condition, you should not use the Services.

 

The diagnostic questionnaire will filter out some health conditions, where the patient may be referred to a teleassistance with a physiotherapy specialist. He will be able to refer you for medical care if needed. Answer the questionnaire being faithful and true to your health.

 

international users

Where this type of Service is illegal, you are prohibited from accessing or using it. If you access the Services from a location outside Brazil, you do so at your own risk and are solely responsible for compliance with applicable laws, rules and regulations, including export laws, any regulations, local laws regarding online conduct and content. .

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2. No medical advice​

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The app and services allow users to input information about their pain experiences and receive exercise suggestions based on those symptoms. You may use the Services to keep track of your routine treatment schedule and the progress of your symptoms. By doing this, you will receive updated suggestions as your symptoms evolve.

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MEDME does not provide medical advice.

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The information and other content available on or through the Services is for informational purposes only and is not intended to be a substitute for professional medical advice. You should always consult your physician or other qualified health care provider with questions you have about any medical condition before making decisions about your health care.

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If you think you may have a medical emergency, call your doctor or 911 immediately. Never delay seeking professional medical advice or disregard such advice because of something you read on the app or website!

Reliance on any information or other content available on or through the services or otherwise provided by MEDME is solely at your own risk.

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3. Changes

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Changes to these Terms

MEDME reserves the right, in its sole discretion, to change the Terms, at any time and without notice, including changing, modifying, adding, updating or removing the terms and conditions (collectively "change" or "update") . If we choose to change the Terms, we will update the "Last Updated" date at the top of the Terms and post the updated version. In the event of a material change, we may notify you by email or otherwise.

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By continuing to use the Services after we post an updated version of the Terms or otherwise notify you of an update, you confirm that you agree to be bound by the amended Terms. This provision is subject to certain limitations in the "Dispute Resolution" section below.

If the amended Terms are ​​ not acceptable to you, your sole remedy is to stop using the Services.

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No other modifications, amendments, or supplements to the Terms will be binding on GIGO unless made in writing and signed by an authorized representative of GIGO.

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Service Modifications and Updates

MEDME reserves the right, at its sole discretion, to modify or discontinue offering the Services, in whole or in part, including any features, functionality, tools or content thereof, at any time, for any reason or no reason. , with or without notice. for you.

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We may, from time to time, develop and provide updates to the Application, which may include updates, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (collectively, "Updates"). Updates may also modify or delete features, functionality, tools or content in their entirety. Based on your mobile device settings, when your mobile device is connected to the Internet:

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(a) Updates will be downloaded and installed automatically; or

(b) you may receive a notice or be asked to download and install available Updates.

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Immediately download and install all updates. Otherwise, parts of the Application may not function properly.

All Updates will be considered part of the Application and will be subject to all terms and conditions of the Terms.

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You agree that GIGO is under no obligation to provide updates or continue to provide or enable any specific features, functionality, tools or content, and will not be responsible for any such modifications, discontinuations or deletions.

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4. Accounts​

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account registration

Before you can use the Services, you will be required to register for a user account. You can register to create an account through the app or the website by a service professional.

You cannot register for an account:

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• if you are unable to enter into legally binding contracts (for example, if you are under 18);

• if you are a person barred from receiving contracts under the laws of Brazil or other applicable jurisdiction;

• on behalf of any other person; or

• on behalf of any company or other entity.

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No person may have more than one active account at any given time.

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account setup

You agree to provide complete, accurate and up-to-date information during the registration process and to update this information as necessary to ensure it remains complete, accurate and up-to-date. Please note that the name and contact information you submit when registering may be used ​​ and shared with our payment processing service provider and otherwise used ​​ in accordance with our Privacy Policy.

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When creating your account, you will be asked to create a username and password, which you are solely responsible for protecting. We recommend that you use “strong” passwords (passwords that use a combination of uppercase and lowercase letters, numbers and symbols) with your MEDME account or any other account that you can link to your MEDME account.

 

You agree not to disclose your username or password to any third party and agree to notify GIGO immediately at contato@GIGO.com.brof any unauthorized use of your account.

 

VYou also acknowledge and agree that you will be solely responsible for any activities or actions in or through your account, whether or not you authorized such activities or actions.

 

GIGO cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

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Account suspension and cancellation

We reserve the right to cancel accounts of Users who do not comply with the Terms, including failure to pay fees when due as set out in "Fees and Payment Conditions" and failure to comply with terms and conditions regarding User conduct, as set out in the "General User Conduct" section below.

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5. Fees and Payment Terms 

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If you are a BRAZIL user whose access to the MEDME Services is provided by a third party company, the terms of this Section VI do not apply to you, that company will pay MEDME directly.

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Subscriptions

You agree to pay the monthly subscription fee(s) at the rates in effect when the charges are incurred, including any applicable taxes. Any change to the subscription fee(s) will take effect in the next billing period after we notify you of the change.

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You are responsible for providing GIGO with valid credit card or payment account details and for timely payment of all fees. GIGO's third-party payment processor will automatically charge the credit card or payment account associated with your account at the beginning of the billing period, and the billing will occur automatically at monthly intervals until you change or close your account. If you wish to designate a different credit card or payment account, or if there is a change in the status of your credit card or payment account, you must change your account information; this may temporarily interrupt your access to your account while GIGO's third-party payment processor verifies your new payment information.

 

Any changes to your chosen payment method will take effect in the next billing period.

MEDME itself does not collect or store payment card information. Our payment processor is GDPR compliant.

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If MEDME's third-party payment processor is unable to successfully charge the fees due to your credit card or payment account, we reserve the right to revoke or restrict access to your account or terminate your account. If you terminate your account for any reason, or if we terminate your account due to your breach, such termination will be effective immediately and you will not receive a refund for any amounts already paid for that billing period. In addition, you agree to reimburse us for any collection costs and interest on any overdue amounts.

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We may contact you via email regarding your account for reasons including, without limitation, a problem with your credit card or payment account.

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free trial offers

If you receive a free trial offer for a specified period of time, you will not be charged during the free trial period, but the subscription fee will be automatically charged to the credit card associated with your account for the subsequent period on the day following your the free trial period ended, early, in accordance with the “Subscriptions” terms mentioned above.

 

After that, you will be billed at monthly intervals until you decide to cancel. Please make a note of when your free trial expires, as you may not receive additional notice before automatic billing if you do not cancel before your free trial period ends.

 

Free trials are limited to one per person. If you attempt to register for a second free trial offer, GIGO will automatically charge your credit card in accordance with the “Subscriptions” terms mentioned above.

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no refunds

Unless we state otherwise in writing, all fees and charges are non-refundable.

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6. User Conduct Guidelines

​Users cannot:

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• access, copy, store or use any aspect of the Application, Site, BackOffice or Services for any purpose other than your personal use;

• distribute, broadcast, publish, sell, rent or display any aspect of the Services to anyone other than your physician or other qualified healthcare professional for any purpose other than your own personal treatment, or allow your physician or other healthcare professional to access, copy, store or use any aspect of the Services for any other purpose;

• prepare derivative works of the Services;

• share your User ID or transfer your account to anyone without our consent

• circumvent our systems, policies, determinations regarding the status of your account, including trying to access or use the Services if your account has been suspended or terminated or if you have been temporarily or permanently banned or blocked from using the Services;

• access, search, collect information or interact with the Services, whether by manual methods or through the use of any software, device, script or robot, or by any other means (automated or otherwise), including by "scraping", "tracking" or "spidering" the Services, to systematically retrieve content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like (except that crawling is permitted without further authorization if done only in accordance with the provisions of the robots.txt file);

• access the Services, except through the currently available published interfaces that are provided by MEDME, unless you have been specifically authorized to do so in a separate agreement with GIGO;

• mirror or frame any page, feature, functionality, tool or content of the Services, copy any aspect of the Services, or use or display the MEDME name or any other trademark, logo or proprietary material of GIGO, without the express written consent of GIGO ;

• interfere with, interrupt, damage or compromise the Services or our systems or any user's, host or network's access in any way, including through the use of viruses, cancel bots, trojans, harmful code, flood pings, denial from service attacks, backdoors, packet or IP spoofing, forged routing or email address information, or similar methods or technology, or by overloading, flooding, spamming, email bombing the Services or otherwise imposing an unreasonable load reasonably or disproportionately large on the Site, Application or Backoffice;

• access, tamper with or use non-public areas of any of the Services, MEDME's computer systems or technical delivery systems of GIGO's providers;

• probe, scan or test the vulnerability of any system or network of GIGO or its providers, or breach or circumvent any security or authentication measures of such system or network;

• avoid, bypass, remove, disable, impair, decrypt or circumvent any technological measures implemented by GIGO or any of MEDME's providers or any other third party to protect the Services;

• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, misleading, or false source-identifying information;

• attempt to decipher, decompile, disassemble or reverse engineer any code or software used to provide the Services;

• export or re-export the Services, except in accordance with the export control laws and regulations of any relevant jurisdictions;

• otherwise abuse the Services or violate the Terms; or

• attempt to do any of the foregoing, or advocate, encourage, assist or permit any third party to do any of the foregoing.

 

Investigations

GIGO reserves the right to investigate and prosecute violations of any and all reports, claims and claims, or suspected misconduct or violations of law to the fullest extent of the law.

 

Without limiting the foregoing, you acknowledge that MEDME has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Services by any user, if we believe in good faith that it is reasonably necessary:_cc781905- 5cde-3194-bb3b-136bad5cf58d_

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(i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body),

(ii) to respond to claims asserted against GIGO,

(iii) to enforce and ensure a user's compliance with the Terms, including investigating potential violations,

(iv) to carry out risk assessments and prevent, detect and investigate incidents of fraud, security and technical issues,

(v) to protect the rights, property or safety of GIGO, its users or members of the public, and (vi) for the purpose of operating and improving the Services (including for customer support purposes).

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user cooperation

You agree to cooperate and assist MEDME or its good faith representative in such investigations, including providing us with any information we may reasonably request.

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Account suspension and cancellation

We may, at our sole discretion, without liability to you and without limiting our other remedies, with or without notice and at any time, decide to limit, suspend, disable or cancel your account in response to a suspected violation of the Terms, and take technical and legal measures to prevent you from using our Services. If GIGO has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to GIGO's reasonable satisfaction.

 

Once your account is terminated, GIGO shall have the right, but not the obligation, to delete any or all information and content submitted, uploaded or provided by you.

 

Application of the policy

When an issue arises, we reserve the right to consider such user's performance history and specific circumstances in applying our policies, and to determine how rigorously to apply such policies in an effort to achieve a fair outcome for all parties involved.

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7. Intellectual property rights and licenses

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​The services

The Services, including any and all websites and applications, and all features, functionality, tools and content therein, are protected by copyright, trademarks, patents and other laws of Brazil and other countries.

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You acknowledge and agree that the Services and all intellectual property rights contained therein are the exclusive property of GIGO and its licensors.

 

You will not remove, alter or obscure any copyright, trademark, service mark, patent mark or other proprietary rights notices incorporated in or accompanying the Services.

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Without limiting the foregoing, you acknowledge and agree that the trade names, logos and other trademarks and service marks associated with MEDME (the "MEDME Marks") are the property of GIGO and that you are not permitted to use the MEDME Marks without our prior written consent.

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Subject to your compliance with the Terms, MEDME grants you a limited non-exclusive, non-transferable, non-transferable and non-sublicensable license to access and use the Services, including the right to download and install a copy of the Application on each mobile device you own. or controls, for your personal use only, and not for use for any commercial purpose or commercial activity. This license is granted for the sole purpose of allowing you to personally use the Services provided by MEDME in the manner permitted by the Terms.

 

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, transmit, adapt, modify, prepare derivative works based on or exploit any features, functionality, tools or content of the Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written authorization of GIGO or the intellectual property owner, as applicable.

 

This foregoing license is subject to modification or revocation at any time in GIGO's sole discretion.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GIGO or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.

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Comments

We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Services ("Feedback"). You can provide feedback by sending an email to contato@GIGO.com.br.

 

You acknowledge and agree that any Feedback you give us:

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(i) will be treated as non-confidential and

(ii) will be the sole and exclusive property of GIGO.

 

Without limiting the foregoing, you acknowledge that your Feedback may be disclosed or used by GIGO or its affiliates for any purpose, including product development, improvement and marketing. You irrevocably transfer and assign to GIGO all of your right, title and interest in and to all Feedback, including all worldwide patents, copyrights, trade secrets, morals and other proprietary or intellectual property rights, and you waive any moral rights that you may have in such Feedback.

 

You agree to sign and deliver such documents and otherwise provide such assistance as reasonably necessary from time to time to perfect MEDME's rights in such improvements, enhancements and modifications.

 

8. Third Party Terms

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Third-party billing and mobile alerts

You are solely responsible for any fees or charges incurred to access the Services through an internet service provider or other third party, including, without limitation, data charges incurred if you are not connected to Wi-Fi access, charges for receive SMS messages or other mobile access, which may be charged to you or deducted from your prepaid balance by your mobile operator.

 

You agree that GIGO is in no way responsible for any third party charges.

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Links to Third Party Sites and Services

GIGO does not recommend or endorse any tests, physicians or other healthcare providers, products or procedures that may be referenced, discussed or advertised on the Services.

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The Services may provide links to third party websites, resources or services. You acknowledge and agree that the

GIGO is not responsible for the availability, terms or practices of such sites, resources or services, or (ii) the content, products or services available on or through such sites, resources or services, including that any information provided is complete, accurate or updated.

 

Links to such sites, resources or services do not imply any endorsement by MEDME of such sites, resources or services or of the content, products or services available on or through such sites, resources or services. You acknowledge sole responsibility and assume all risk arising out of your use of such sites, resources or services or the content, products or services available on or through such sites or services.

 

We will not be liable ​​ for any damage or injury resulting from your interactions with such sites or services, or the content, products or services available on or through such sites or services .

 

Apps downloaded from third-party app stores

Our app may be available for download from third-party app stores that are not owned or operated by MEDME. By downloading, installing, accessing, using or browsing the Application, you must comply with the applicable terms and conditions ​​, including any End User License Agreement, your mobile device agreement or any wireless data service agreement, and ensure that your use of the Application does not violate any such terms or conditions.

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Without limiting the foregoing, any Apps accessed ​​ or downloaded from Apple's App Store (an "App Store Download") may only be used  on an Apple-branded product running iOS (Apple's proprietary operating system), and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms and Conditions.

Without limiting the foregoing, the following applies to App Store downloads:

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• You acknowledge and agree that these Terms are solely between you and GIGO, not Apple, and (ii) GIGO, not Apple, is solely responsible for the App Store download and its content. Your use of the App Store download must comply with the App Store Terms and Conditions.

• You acknowledge that Apple is under no obligation to provide any maintenance and support services in connection with the App Store download.

• In the event that the App Store download fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App Store download to you and, to the fullest extent permitted by applicable law, Apple will no other warranty obligation in connection with the App Store download. As between MEDME and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to comply with any warranty shall be the sole responsibility of GIGO.

• You acknowledge that, as between GIGO and Apple, Apple is not responsible for addressing any claims you have or any third-party claims relating to the App Store download or your possession and use of the App Store download, including:

  • (i) liability claims;

  • (ii) any claim that the App Store Download does not comply with any applicable legal or regulatory requirement; It is

  • (iii) claims arising from consumer protection legislation or similar.

• You acknowledge that, in the event of any third party claim that the App Store Download or your possession and use of such App Store Download infringes that third party's intellectual property rights, as between GIGO and Apple, GIGO, not Apple, will solely responsible for the investigation, defense, settlement and discharge of any claim of intellectual property infringement to the extent required by the Terms.

• You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of the Terms relating to your license to the App Store download and that, upon your acceptance of the terms and conditions of the Terms, Apple shall be entitled (and shall be deemed to have accepted the right) to enforce the Terms relating to your App Store Download license against you as a third-party beneficiary.

• Without limiting any other terms of the Terms, you must comply with all applicable ​​ third party terms and conditions when using the App Store download.

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9. Warranties, Disclaimers, Limitation of Liability and Indemnity

 

guarantees by users

You represent and warrant to GIGO that:

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• you have the power and authority to accept and agree to the Terms,

• you own or control all rights necessary to provide the information you provide and to grant the rights and licenses granted herein,

• MEDME's exercise of the rights granted by you herein will not cause MEDME to violate any applicable laws, rules or regulations, infringe the rights of third parties and

• all account information provided by you will be complete, accurate and up-to-date when provided and updated as necessary to ensure it remains complete, accurate and up-to-date.

 

disclaimers

Except as expressly provided herein, the Services are provided "as is" and "as available" without warranty of any kind, either express or implied. To the maximum extent not prohibited by applicable law, MEDME expressly disclaims any and all warranties, whether express, implied, arising out of dealing or use of trade, including warranties of merchantability, fitness for a particular purpose, non-infringement or title or claim warranties as to the reliability or availability of the services, or that use of the services will be uninterrupted or error-free, warranties as to the completeness, accuracy or timeliness of any content.

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Limitation of Liability

You acknowledge and agree that, to the maximum extent not prohibited by law:

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• The information and other content provided on or through the Services does not constitute medical advice or practice, nor is it intended to replace the need for consultation with a physician or other qualified health care professional.

• The entire risk arising out of or relating to your use of the services is and remains with you.

• Without limiting the foregoing, GIGO disclaims any and all liability relating to (i) your use of or inability to use the services, (ii) acts or omissions of any person(s) with whom you may communicate or interact as a result your use of the services and (iii) any content accessed or viewed in connection with your use of the services.

• You acknowledge and agree that accessing and using the Platform and Content, viewing the Content is at your own risk and you release GIGO and waive any and all claims and causes of action with respect to any damages caused by any of the above.

• In no event shall GIGO be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any kind, or damages for loss of revenue or profits, loss of data or loss of goodwill, interruption of service, damage to computer or system failure, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with any of the foregoing, whether based on warranty, contract, tort (including negligence) or any other legal theory, and if MEDME whether or not you have been advised of the possibility of such damages, even if a limited remedy set forth herein fails of its essential purpose.

• Where they do not allow limitations on implied warranties or the exclusivity or limitation of certain damages as set forth in this section, these limitations and exclusions apply to you only to the extent permitted by applicable law. Should the foregoing limitation of liability be determined by a court of competent jurisdiction to be unenforceable, GIGO's aggregate liability arising out of or in connection with any and all of the foregoing shall be limited to one hundred reais ($100)

 

Basis of negotiation

You acknowledge and agree that the warranty disclaimers and limitations of liability set out above are essential elements of the basis of business between GIGO and you, and will apply even if your remedies are deemed or alleged to have failed of their essential purpose.

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Exclusions

Nothing in the terms is intended to exclude or limit any condition, warranty, right or liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, or exclusion of liability for loss or damage for death or personal injury. Accordingly, only the above limitations in this section ix that are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent required by law.

Indemnity

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To the maximum extent not prohibited by applicable law, you agree to release, indemnify and hold GIGO, its parent, subsidiaries, affiliates, licensors and service providers, and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively "indemnify" or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including any personal injury, illness, death or damage to any real or personal property, or any other injuries, losses , or damages (compensatory, direct, incidental, consequential or otherwise) of any kind, including reasonable attorneys' fees ​​ and litigation costs and expenses, arising out of or relating to or somehow related to:

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(i) your access to or use of the Services, including any and all features, functionality, tools, content and promotions available on and through the Services,

(ii) any interactions with any other person as a result of your use of the Services,

(iii) your violation of the Terms or the documents incorporated therein, including any violation of national, federal, state or local laws or other applicable laws, rules or regulations any infringement or misappropriation of the rights of third parties, e 

iv) your gross negligence or willful misconduct.

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Defense Obligation

You agree that, at GIGO's discretion, you will conduct the defense of any claim or action; since:

 

(i) GIGO may, however, participate in such defense or settlement negotiations and pay its own associated costs, and

(ii) you will not enter into any agreement or other commitment without GIGO's prior written approval (which approval will not be unreasonably withheld), unless such agreement or other commitment includes a full and unconditional release by the relevant parties of all responsibilities and other obligations in connection with such claim or action.

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No Implied Indemnity

No person or entity shall be entitled to any form of damages, equitable or implied, at any time, except as provided in the Terms.

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10. Governing Law and Dispute Resolution

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Please read this section carefully. This affects your rights and will have a substantial impact on how claims you and MEDME have against each other are resolved.

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Applicable law

The Terms will be governed and interpreted in accordance with the laws of the state of Minas Gerais, without considering conflicts of law principles.

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jurisdiction and place

In the event that arbitration is not available, you and GIGO agree that any and all Disputes will be brought in federal or state courts located in Minas Gerais, Brazil, and each agrees that such courts will have exclusive jurisdiction and venue for any such action.

 

In addition, GIGO may also seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction, wherever located. You consent to jurisdiction and venue in such courts and waive any objection to inconvenient venue.

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Fees and Costs

The prevailing party in any suit, action or proceeding, including any arbitration proceeding, shall be entitled to recover its reasonable attorneys' fees ​​ and costs and expenses from the other party.

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11. Miscellaneous

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Privacy

Our collection and use of information about Users is governed by our Privacy Policy, incorporated herein by reference.

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total agreement

These Terms, including these Terms of Use, our Privacy Policy, the applicable Supplementary Terms, constitute the entire and exclusive understanding and agreement between you and GIGO regarding your access and use of the MEDME Services including the content, Site, Backoffice and Application, supersede any and all prior or contemporaneous oral or written understandings or agreements between you and GIGO with respect to the subject matter herein.

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Task

You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our prior express written consent, which may be granted or withheld in our sole discretion.

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Any attempted assignment, transfer, delegation or sublicense without prior consent will be null and void.

 

GIGO may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, at its sole discretion, without restriction. Subject to the foregoing, the Terms will be binding and inure to the benefit of the parties, their successors and assigns.

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no agency

Except as expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms.

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Survival of Terms

Any provisions of the Terms contemplating performance or compliance after the expiration or termination of this Agreement will survive such expiration or termination.

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Notices

Any notices or other communications permitted or required herein, including those relating to modifications to the Terms, will be in writing and provided by GIGO:

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(i) by email (in each case to the address you provide) or

(ii) by posting on the Website or through the App.

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For notifications made by email, the date such notification is transmitted will be deemed the date of receipt.

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Renounce

Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach.

A waiver of any right, obligation or breach will only be effective if in writing and signed by a duly authorized representative of GIGO Furthermore, no waiver granted in any instance will constitute a waiver in any other instance.

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Medicines

Except as expressly provided in the Terms, the exercise by either party of any of its remedies under the Terms will not prejudice its other remedies available by contract, law, equity or otherwise.

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Divisibility

Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction holds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the infringing provision will apply to the fullest extent permitted and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

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Titles

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions contained herein.

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Third Party Beneficiaries

Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies on any person other than the parties.

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Construction

In the Terms, unless the context otherwise requires:

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(i) "Herein", similar terms refer to the Terms collectively and as a whole.Not just the specific section, paragraph or clause in which the term appears,

(ii) "or" denotes any combination of all or any of the items listed, and (iii) "including" (and any of its derived forms) means "including, but not limited to."

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contact us

If you have any questions or concerns, please contact GIGO at contato@GIGO.com.br