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Terms of Use

1) INTRODUCTION

  1. These Terms of Use govern access to and use of the TribeMD platform available at the electronic address tribemd.com (“Platform”), for users of the Platform, including all content, features, and services offered on our website.

2) PURPOSE OF THE PLATFORM

  1. 2.1 The Platform will provide content aimed at physicians, including space for interaction, knowledge exchange, videos, free or paid courses, and support tools.
  2. 2.2 The Platform does not offer any support or assistance channel for inquiries made by Users to Doctors, Professors, or Authors regarding the content available to users.
  3. 2.3 The use of the Platform is intended for physicians or medical students who are at least 18 (eighteen) years old.
  4. 2.4 The use of the Platform by individuals under the age of 18 is prohibited, even if they have parental or legal guardian consent.

3) CONDITIONS OF USE AND TERM

  1. 3.1 The use of the Services and Platform is governed by these Terms of Use, which must be read carefully before using our Services and Platform.
  2. 3.2 By registering, accessing, or using the Platform in any way, including browsing, viewing, downloading, generating, receiving, and transmitting any data and information, you, the user, expressly agree, on your own behalf, to these Terms of Use.
  3. 3.3 When using the Services, you agree to respect and comply with all the provisions contained herein.
  4. 3.4 These Terms constitute a binding agreement between TribeMD and you, the user, and have been prepared to enable your use of the Platform. If you do not agree to these Terms, do not use the Platform or the Services provided herein.
  5. 3.5 TribeMD may update or modify these Terms at any time. All changes will be communicated to Users through notices on the Platform and via the email addresses used for registration to access the Services. After notification of changes to these Terms of Use, your continued use of the Services or Platform constitutes your express agreement to the amended Terms.
  6. 3.6 The Platform’s services will be available both free of charge and for a fee, as applicable. However, TribeMD reserves the right, at its sole discretion, to suspend the offering of free services, provided that the following is observed:
    1. 3.6.1 If free access to the Services is suspended, Users will be previously notified via notices on the Platform and through the email addresses used for registration.
    2. 3.6.2 The suspension of free access to the Platform’s Services does not imply any restriction on the exercise of the data subjects’ rights, limited to the personal data provided and generated due to the use of the Platform during the free provision of Services.
  7. 3.7 TribeMD reserves the right to freely modify, delete, and/or expand the Platform’s Content and/or settings at any time. Configuration changes will be communicated to Users via notices on the Platform and email addresses used for registration. After such changes are published, your continued use of the Services or Platform constitutes your express agreement to the modifications made.
    1. 3.7.1 Relevant content changes may be communicated to Users via notices on the Platform and the email addresses used for registration to access the Services.
  8. 3.8 The User agrees that the Content made available is for personal and non-commercial use, and access is personal and non-transferable.
  9. 3.9 The User fully acknowledges that they do not have the right to copy, reproduce, or modify, in whole or in part, any portion of the Content provided by the Platform.
  10. 3.10 The User agrees not to reproduce, duplicate, copy, sell, or exploit for any commercial purpose any content made available on the Platform or use the Platform or access it for selling goods or services, or promoting a company, product, or service.
  11. 3.11 TribeMD also reserves the right to suspend, block, and/or delete the User’s access and registration in cases where (i) it is found that the registration on the Platform was created with false, misleading, incorrect, or incomplete information, or otherwise prevents the correct identification of the User; (ii) it is found that the registration and/or use of the Services by the User violates the conditions and rules established in these Terms of Use and the corresponding Privacy Notice.
  12. 3.12 Unless otherwise contractually provided or in the event of voluntary deregistration by the User, the relationship with the Platform will follow the duration defined by TribeMD and/or an Agreement. Prior to deregistration, TribeMD will issue a notification to the Users, if applicable.

4) USER OBLIGATIONS

  1. 4.1 Use the Platform under the conditions and for the purposes authorized by these Terms of Use, while also respecting current legislation and third-party rights.
  2. 4.2 Be fully and exclusively responsible for the actions of third parties authorized by you to access the Platform through your User account.
  3. 4.3 Take all security measures to prevent the User and/or third parties from violating any intellectual property rights of TribeMD, and immediately report any violations you become aware of.
  4. 4.4 Take all necessary measures to ensure the Platform is used in compliance with these Terms, being responsible for any violations of TribeMD’s or third-party intellectual property rights committed by you or your employees.
  5. 4.5 Failure to comply with any obligation set forth in this clause authorizes TribeMD, without prior notice, to block or suspend the use of the Platform for an indefinite period. The user shall be solely and exclusively responsible for any damages suffered due to improper use of the Platform, as well as any damages caused to third parties for the same reasons.
  6. 4.6 The User expressly agrees not to:
    • i. use the Platform, its Content, or Services for any unlawful purpose;
    • ii. make available through the Platform or upload files, data, or any other materials not owned or licensed by you;
    • iii. make available or upload files or other materials that you know contain viruses, bugs, corrupted data, or other harmful items;
    • iv. interfere with the normal functioning of the Platform or with other users’ access and use of the Platform, its Content, or Services;
    • v. publish, post, distribute, or disseminate defamatory, offensive, obscene, indecent, false, or illegal materials or information through our Services or Platform.
  7. 4.7 TribeMD reserves the right to immediately suspend or block the user’s access to the Platform or any Service, and remove any information or data we consider to be a violation of any of these Terms of Use and the related Privacy Notice, without prior notice.

5) CHANGES TO SERVICES OR PLATFORM

  1. 5.1 TribeMD may modify, suspend, terminate, or discontinue any aspect, control and/or change the appearance, development and/or operations of the Platform at any time, including the availability of any Services, information, features, or functionalities. TribeMD may also impose limitations or restrictions on the User regarding features, functionalities, or Services without prior notice and without liability for any resulting loss.
  2. 5.2 Any improvements or additions to the Platform or Services shall be subject to these Terms of Use, unless otherwise expressly stated by TribeMD. Specific sets of terms and conditions may be introduced for certain Services, or existing ones may be amended as appropriate.

6) INTELLECTUAL PROPERTY

  1. 6.1 All texts, images, photos, illustrations, icons, technologies, links, and other visual, audiovisual, or sound content, including graphic designs and source codes of the Platform, are the exclusive property of TribeMD (or third parties who authorized their use by TribeMD) and are protected by national and international laws and treaties. Copying, reproduction, downloading, or any other kind of use for commercial or non-commercial purposes is strictly prohibited.
  2. 6.2 All trademarks, trade names, and logos displayed on the website are the property of the Platform (or of third parties who authorized their use), and access to the website does not imply authorization for Users to use them.
  3. 6.3 Licenses to use the Platform are granted on a non-exclusive, non-transferable, and non-assignable basis and may be revoked at any time. TribeMD reserves all rights to its trademarks, copyrights, and other intellectual property rights, and their use without express authorization is prohibited and subject to civil and criminal liability.

7) PLATFORM DISCLAIMER

  1. 7.1 TribeMD shall not be held liable: (i) for errors or inconsistencies in data transmission or the quality or availability of Internet signal that may affect the use of the Platform; (ii) for any damages and/or losses resulting from unauthorized access by third parties to information provided through the Platform, when not caused by a failure in TribeMD’s information security; and (iii) for irregular registration by Users, understood as the absence of a Legal Basis for the processing of personal data.
  2. 7.2 Users acknowledge that TribeMD recommends the use of properly secure and up-to-date tools and technologies (hardware and/or software). Any use of outdated or insecure tools and technologies is at the Users’ own risk, and the Platform shall not be held liable for any resulting damages.
  3. 7.3 Subject to applicable legal standards, TribeMD shall not be liable for any indirect damages of any kind attributable to the use or inability to use the Platform, any content published on it, these Terms of Use, Services, or any data, software, or information provided, even if advised of the possibility or if such damages are foreseeable.
  4. 7.4 Subject to applicable legal standards, TribeMD shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages not directly and immediately caused by the Platform or its employees, including but not limited to loss of profits, opportunity loss, or other intangible losses related to the use or inability to use the Platform.
  5. 7.5 TribeMD endeavors to keep the Platform and Services operational; however, all online services are subject to occasional interruptions. In such cases, TribeMD will not be held liable for any resulting losses, and will seek to restore availability as soon as possible.

8) GOVERNING LAW

  1. 8.1 These Terms and all resulting relations are governed by the laws of the Federative Republic of Brazil. The forum of the Capital City of the State of São Paulo is elected, where applicable, to resolve any disputes arising from this instrument.

9) GENERAL PROVISIONS

  1. 9.1 These Terms, together with the Privacy and Cookie Notice published on TribeMD’s website, constitute the entire agreement between the Parties regarding the subject matter, superseding all prior written or verbal agreements.
  2. 9.2 If any provision of these Terms is declared null or unenforceable, in whole or in part, for any legal or contractual reason, the remaining provisions shall remain in full force and effect.
  3. 9.3 The waiver or failure by either Party to enforce any rights under these Terms or the law shall not constitute a waiver or novation of such rights and may be exercised at any time during the term of this agreement.
  4. 9.4 No clause in these Terms of Use shall affect any legally established rights in favor of the User against the Platform.
  5. 9.5 If the User has questions, comments, or suggestions regarding these Terms and Conditions of Use, they may contact TribeMD via email at contato@tribemd.com.