Terms of Use

1 Introduction

These terms govern the use of the DeepDataMD platform, owned by Azenit: the website, the system used by healthcare professionals, the links and messages sent to patients, and the mobile app. By using any of these services, you are considered a user and are bound by these terms, whether as a healthcare professional or as a patient or research participant.

All users undertake to use the platform properly, in accordance with the law, good faith and these terms, and are liable to Azenit or third parties for the damage they cause by breaching them.

If you do not agree with these terms, in whole or in part, do not use the platform.

1.1 Changes to these terms

We may change these terms when the platform, the law or our services change. When the change is relevant, we notify the professionals with an account on the platform through the channels they registered and publish the new version on this page, with the version number and the date on which it takes effect. Using the platform after that date means that you accept the new version.

2 Identification

AZENIT DESENVOLVIMENTO E LICENCIAMENTO DE PROGRAMAS LTDA, a limited liability company registered under CNPJ (Brazilian company registration number) 39.908.059/0001-18, with its registered office at Avenida Paraná, number 1150, Bairro Francisco Doncatto, CEP 95190-000, in the city of São Marcos/RS, Brazil. We develop and operate the DeepDataMD platform.

To contact us, write to contato@deepdatamd.com.

3 What the platform offers

DeepDataMD is a platform for clinical follow-up and research. With standardised questionnaires, such as patient-reported outcome measures, and custom questionnaires, the healthcare professional follows the progress of their patients and compares results.

The professional registers the questionnaires and the platform sends them to the patient by email, WhatsApp or SMS, or displays them in the app. The patient answers through the link, through a WhatsApp conversation or through the app. The answers are linked to the patient's record and generate follow-up charts and indicators. The platform also offers appointments, appointment reminders, teleconsultation, exchange of messages and files, and, in the app, the sending of steps, exercise, heart rate and sleep data.

The information registered by the professionals, about themselves, about their patients or about their institutions, is the sole responsibility of whoever registers it, including as to its truthfulness and accuracy.

Azenit may change, add or discontinue functions of the platform. Changes that affect use are communicated to the professionals with an account on the platform through the registered channels. We are not liable for failures or interruptions in telecommunications networks that prevent access to the services.

4 Conditions

4.1 Conditions of access

How we process personal data is described in the Privacy Policy, which forms part of these terms. Use of the platform does not depend on consent to data processing: for patient data, Azenit processes the data on behalf of the centre, clinic or healthcare professional, with the legal basis and the purpose informed by it.

If you are a healthcare professional, upon receiving your account you undertake to:

• Provide true data at registration and keep them up to date.
• Keep your password and verification codes safe, without sharing them with anyone.
• Register and process your patients' data in accordance with the law, the agreement between your centre or clinic and Azenit, and the rules of your professional council.
• Receive operational messages from the platform, such as maintenance notices, verification codes, reminders and updates to these terms, at the registered email address and telephone number.

If you are a patient or research participant, you do not create an account: the centre registers you. By using the links received, answering the questionnaires or using the app, you undertake to provide true data and not to share with other people the links and accesses you have received. The messages you receive from the platform are those necessary for your follow-up, such as questionnaire links, appointment reminders and replies from the centre. We do not send marketing messages to patients.

4.2 Conditions of use

To use the platform, you need internet access and an up-to-date browser or, in the case of the app, a compatible device. You undertake to use the content and the services appropriately and not to:

• Publish or send content that is illegal, offensive, obscene, discriminatory, hostile or that promotes violence.
• Introduce viruses or other malicious code, or carry out actions that alter, damage, interrupt or cause errors in the systems, documents or data of Azenit or of third parties.
• Hinder the access of other users by overloading the platform's computing resources.
• Access accounts, data or restricted areas of other users, or extract information without authorisation.
• Infringe intellectual or industrial property rights, breach the confidentiality of information of Azenit or of third parties, or impersonate another person.
• Copy, reproduce, distribute, publish, alter or modify the content of the platform without authorisation from the rights holder or legal permission.
• Collect data for marketing purposes or send advertising and commercial communications without the prior request or consent of the recipient.

A link to a third-party website does not create a relationship between Azenit and the party responsible for that website, nor does it mean that we approve its content or services. Azenit is not liable for the use that each user makes of the materials available on the platform or for the actions taken based on them.

5 Use of the platform and responsibilities

Azenit may temporarily suspend access to the services for updates, fixes or maintenance.

The platform does not provide diagnoses and does not replace consultation with the healthcare professional. Scores, charts and indicators are support tools, and only the healthcare professional, in consultation and based on clinical assessment and tests, can make a diagnosis. Azenit is not liable for diagnoses, treatments or clinical decisions, which fall exclusively to the professional.

For patient data, Azenit acts as a processor: it processes the data on behalf of the centre, clinic or healthcare professional, according to its instructions and the data processing agreement signed with it. It is the centre or the professional that decides on the registration, use and deletion of those data, and that responds to the patient. Azenit does not use patient data for its own purposes.

5.1 Content submitted by the user

Messages, questionnaire answers, files and other content that you submit through the platform are your responsibility. They are made available to the centre or the professional that follows you and are used only for that follow-up. Azenit has no obligation to monitor that content, but may remove or block it when it breaches the law, these terms or an order from a competent authority, informing the responsible centre.

6 Disclaimer of warranties and liability

The content of the platform is general and informative in nature. We do not guarantee the uninterrupted availability of the services or the integrity, accuracy or currency of the content registered by users. Azenit is not liable for damage resulting from:

• Unavailability of the website or the app, or lack of truthfulness, accuracy, integrity or currency of the content registered by users.
• Viruses or other elements that may alter the user's systems, electronic documents or data, when introduced by third parties.
• Breach of the law, good faith, public order or these terms through improper use of the platform, including by third parties who infringe intellectual property rights, trade secrets, honour, privacy or image.
• Provision of the healthcare services scheduled or followed through the platform, which is the sole responsibility of the professional or the centre.

We are not liable for information outside the platform or for third-party websites linked to it. The links are for information purposes and do not mean a recommendation.

It is the sole responsibility of the user to:

• Keep the computers and devices used to access the platform secure, with tools such as antivirus and firewall.
• Provide the devices and the internet access necessary to use the platform.
• Keep confidential the passwords, codes and access links received, without sharing them with third parties.
• Provide true data about themselves, about their activities and, in the case of professionals, about their patients, under penalty of the applicable legal sanctions.

7 Data protection

We use the personal data and the files submitted by users only for the operation of the platform, in accordance with the Privacy Policy. It is our responsibility to protect users' personal data and passwords, with technical and administrative measures against unauthorised access, use or disclosure.

We do not disclose sensitive patient data received or registered on the platform, maintaining the confidentiality protected by law, except by court order or order of a competent authority.

Access, correction, deletion and the other rights over your data are exercised through the data subject rights channel described in the Privacy Policy: a request through the data subject rights form, free of charge, with a reference number, acknowledgement of receipt and a response within 15 days.

7.1 Agreement with the centre

The processing of patient data by Azenit is governed by the data processing agreement signed with each centre, clinic or healthcare professional. That agreement defines the instructions, the security measures, the authorised suppliers and the way Azenit supports the centre in responding to patients' requests.

7.2 Research consent

If you take part in research, your consent to participate is governed by the consent form of each study, presented by the centre, and not by these terms. These terms do not serve as consent to research.

8 Procedure in case of unlawful activities

If you suspect unlawful activity in the use of the platform or its content, send a notice to Azenit at privacidade@deepdatamd.com, with your identification and a description of the alleged violation.

9 Governing law and jurisdiction

These terms are governed by Brazilian law. The courts of the judicial district of São Marcos, Rio Grande do Sul, are chosen to settle any matter arising from them, without prejudice to the jurisdiction rules that the law guarantees to consumers.

The Brazilian General Data Protection Law (LGPD) applies to all users. If you use the platform in the European Union, the General Data Protection Regulation (GDPR) also applies to the processing of your personal data, under the terms of the Privacy Policy, and you may lodge a complaint with the data protection authority of your country, in addition to the ANPD. In Portugal, Portuguese Law 58/2019 applies as well, and the authority is the Portuguese National Data Protection Commission (CNPD). The other rules that the law of your country or European Union law guarantees to you and that cannot be waived by contract remain in force.

10 Support

If you have problems or questions when using the platform, contact support as soon as the situation occurs, at suporte@deepdatamd.com. Azenit will endeavour to resolve the situation or clarify the question.

For matters concerning personal data, contact Azenit's data protection officer, Leonardo Pellizzoni, at privacidade@deepdatamd.com. Requests about your rights follow the channel in section 7.