Terms of Use

Last updated: January 21, 2025

Welcome to the Epistemic App/ Web Platform

Please read the terms and conditions below (“Terms of Use”) carefully so that you can fully enjoy our platform, as well as the services provided by GOMEZ & GOMEZ LTDA., a company incorporated under the laws of Brazil and duly registered with the CNPJ under nº 23.279.752/0001-39 (“EPISTEMIC”).

The use of the App/Web Platform is governed by these “Terms of Use and Privacy Policy” (the “Terms of Use”), which must be read carefully before being used.

Acceptance Condition

By using EPISTEMIC, the USER is agreeing to these “Terms of Use and Privacy Policy”, an integral part EPISTEMIC’s “Terms of Use”, so that the use of the App/Web Platform represents its full and unconditional acceptance to these “Terms of Use”.

Is considered use of the App/Web Platform:

Non-acceptance of the "Terms of Use"

If you do not agree with any of the terms and conditions do not use EPISTEMIC or any of our services, its use implies full and unconditional agreement with the "Terms of Use".

Modification of Terms of Use

EPISTEMIC reserves to itself the right to change the "Terms of Use" at any time, without prior notice or acceptance.
In case of modification, EPISTEMIC will send to the USER a communication at the registered email address or through your USER account. If you do not agree with the changes we have made, you must cancel your account and cease all and any use of EPISTEMIC and our services within 3 (three) days from the publication of the changes or the communication informing you of the changes.

Continued use after changing the “Terms of Use”

In the absence of a manifestation within the stipulated period, we will understand that the USER has fully and tacitly accepted the new “Terms of Use”, being bound by them. The same is true for the continued use of EPISTEMIC and our services after the changes take effect, which will also be considered as acceptance of the new “Terms of Use”.

Communication of changes to the “Terms of Use”

We will always inform you of any changes to the terms of use, but we recommend that the USER revises them frequently so that he is aware of any updates and or modifications that we may come to make.

Characteristics and activities of EPISTEMIC

EPISTEMIC is an online platform (App/Web Platform) that aims to allow patients to record their daily activities, symptoms, medications used and share this record with the health professional (doctor) chosen by them, in order to allow a more adequate monitoring of chronic conditions, their evolution and response to the recommended therapeutic treatment.

The EPISTEMIC is composed of the module of access to the USER (patient or caregiver), in which a series of questions and inquiries will be made to assess his physical and mental status, as well as records of activities performed and medications used.

In addition to the USER module (patient or caregiver) there is the module of the health professional (doctor) chosen by the USER who will have access to his history, notes, photos, videos and eventual measures collected automatically (through smartwatches, for example).

Access to the Application / Site and Services

EPISTEMIC can be accessed through its App/Web Platform, so that it is possible to access it either at the electronic address (www.epistemic.com.br) or by using our application, which has versions for both Android and iOS, in accordance with the performance requirements described on the application download page in their respective online stores.

In order to access the App/Web Platform and use the services, the USER must maintain and operate the necessary software and hardware. The USER is solely and exclusively responsible for purchasing, installing and maintaining any and all software and hardware necessary to access the App/Web Platform. EPISTEMIC is not responsible for any technical difficulties arising from the use of third-party software and/or hardware.

Who can register

EPISTEMIC's services are available to individuals and legal entities regularly registered in the records of federal and state taxpayers who have the legal capacity to contract them. Therefore, people who do not have this ability, including those under 13 (thirteen) years of age or people who have been temporarily or permanently disabled from EPISTEMIC, cannot use our services.

User registration

To fully enjoy all the functionalities and services offered in EPISTEMIC, it will be necessary to create a personal USER account by filling in some personal data.

For the creation of a personal account, the USER must inform:

With this data, the USER will be able to register in the App/Web Platform and perform the login

Note: For a better experience of the USER, other questions will be asked when registering (and also during the regular use of the platform), with the aim of collecting information about their physical and mental state that will assist in the evaluation of the effectiveness of the therapeutic treatment performed.

Note: If the USER wishes to share his reports with a health professional (doctor) who regularly accompanies him, he must register the data of that professional in the corresponding field, granting access to his information. This access can be removed at any time, simply by removing the health professional from the list of individuals with access to their information.

Responsibility of the Data informed by the User

It is the exclusive responsibility of the USER to provide, update and guarantee the accuracy of the registration data, and EPISTEMIC is not responsible for any type of civil and/or criminal liability resulting from untrue, incorrect or incomplete data provided by the USER.

EPISTEMIC reserves the right to use all valid and possible means to identify its USER, as well as to request additional data and documents that it considers necessary to check the personal data informed.

In situations in which EPISTEMIC considers that a registration, or the information contained therein, contains erroneous or untrue data, EPISTEMIC reserves the right to suspend, temporarily or definitively, the registration of the USER, without prejudice to other measures it deems necessary and opportune .

In the event of cancellation/exclusion of the USER's registration, or application of any other sanction, the USER shall not be entitled to any type of indemnity or compensation for losses and damages, loss of profits and/or moral damages.

Duplicate Registration Sealing

It is strictly forbidden to create more than one registration per CPF/CNPJ and, in case of multiple registrations referring to a single USER, EPISTEMIC reserves the right, in its sole discretion, and without any need for prior consent or communication to the USER, cancel all existing registrations and prevent any future registrations in duplicate.

Login and Password

The USER is solely responsible for the activities that are related to his registration and login data, and must keep his password in a safe place. In the event of any breach of security, loss of password or unauthorized use of your registration, the USER must notify EPISTEMIC immediately of the fact.

It is the exclusive responsibility of the USER any and all activities and/or operations carried out on his account, until the USER terminates or proves that the security of his account has been compromised for reasons other than his own failure.

The USER hereby declares that he will not sell, transfer, license or assign his account, his username or any right of the account without prior and express authorization from EPISTEMIC, being prohibited the creation of more than one USER account.

In the event of a violation to these “Terms of Use” or any violation of the legislation in force, the registration of the USER will be blocked and the account may be deleted, without access to EPISTEMIC and our services, regardless of prior notification , at EPISTEMIC's sole discretion.

User Cancelation by EPISTEMIC

Without hindrance to the other provisions contained herein and other measures it deems appropriate, EPISTEMIC may warn, suspend or cancel, temporarily or permanently, the registration and the USER's Account, at any time, initiating the applicable legal actions and / or suspending the execution of these “Terms of Use” if the USER fails to comply with any provision provided herein and other EPISTEMIC policies.

USERS declare, and agree, that they will not:

EPISTEMIC will unilaterally exclude the USER registration when it verifies any of the conducts described above, as well as if it identifies that the USER's conduct is harmful to the platform and / or to the other USERS, or to third parties.

EPISTEMIC will delete inactive accounts more than 2 (two) years after their last use, and the data related to those accounts will be removed when the account is deleted.

From the contents and information inserted in EPISTEMIC by the USER

The USER expressly declares that he consents, under the terms of the General Data Protection Law, to allow EPISTEMIC to have access to his personal data inserted in the platform, as well as information regarding his physical and mental health status, medicines used and any other information inserted in the App/ Web Platform.

From the contents and information inserted in EPISTEMIC by the USER (Photos and Videos)

The USER may insert various photos and videos on the platform, provided that they refer to situations and facts relevant to clinical treatment and obey the following guidelines:

Any content that violates the guidelines above may be excluded from the platform by the EPISTEMIC team and even give rise to the suspension and/or eventual unilateral cancellation of the account.

EPISTEMIC declares that any information obtained will only be used for clinical and/ or commercial purposes after its effective anonymization, according to the General Data Protection Law. Photos and videos will not be made available directly to third parties under any circumstances, except upon judicial request by authority competent.

Payment

The USER declares to be aware that some EPISTEMIC functionalities are paid, being possible to contract a Premium plan or separate payment for the use of paid functionality.

EPISTEMIC declares that all financial transactions and transactions are processed directly by the respective virtual store (Google Play and App Store), without any influence.

Notifications

For the full enjoyment of EPISTEMIC and the services, EPISTEMIC can send to the USER messages and notifications about activities, announcements and/or other relevant alerts, considering the preferences pre-scheduled by the USER.

The USER acknowledges and accepts that EPISTEMIC has no liability associated with or arising from the inaccuracy of contact information or other information, including, among other cases, if the USER fails to receive essential information about EPISTEMIC.

Intellectual property

All content and service found on the Site and the Application (texts, images, audio, software, technology, logos, slogans, brands, advertising expressions, domains, trade names, intellectual works, etc.), as well as the software that makes it possible the activities are the exclusive property of EPISTEMIC, which holds all copyrights, licenses and property rights, trademarks or patents related to them.

Any violation of property rights will result in the direct and personal responsibility of the responsible USER, who will be responsible for the acts practiced under the law, with the application of the applicable sanctions in the civil and criminal areas as well as the determination of losses and damages.

The USER agrees not to reproduce, duplicate, copy or exploit the services provided and/or software used and/or material made available on the Site and the Application, for any purposes not expressly authorized in this instrument, without duly authorization from EPISTEMIC in writing.

By accepting these "Terms of Use" the USER agrees to not question, dispute or oppose or initiate administrative or judicial proceedings against any brands or domain names owned by EPISTEMIC, and not to deposit or attempt to obtain a similar trademark, or domain name, or causing any confusion with those used by EPISTEMIC.

System or Database Violation

Is strictly forbidden any and all hacking, DDoS attack, penetration and/or use of any software, hardware or other resources (electronic or otherwise), including social engineering, that may interfere with the activities, operations, databases and infrastructure of the EPISTEMIC. Any attack, or attempt, is illegal and illicit activity that goeIs also forbidden any attempt at reverse engineering, refactoring or decompilation carried out in order to transform the object code (App/Web Platform) of any EPISTEMIC platform system into source code, in accordance with Law 9.609/ 98.

Any interference (or attempt), and/or activity described above that violates or contradicts these “Terms of Use”, and/or national law, subjects the person responsible to the sanctions provided for herein, as well as to answer legally and judicially for the illegal act practiced, so that the violator indemnifies EPISTEMIC and/ or its USERS for any damages caused.

Legal sanctions and legal measures

Without prejudice to other measures, EPISTEMIC may, at its sole discretion, and without the prior consent or communication of EPISTEMIC, warn, suspend or cancel the USER’s account.

EPISTEMIC reserves the right to suspend/ terminate the provision of its services to the USER and/or to promote civil and/or criminal actions against the USER, or third party, in the following situations:

Responsibilities

EPISTEMIC will not be responsible for any damage caused to the USER through its services.

EPISTEMIC cannot be held responsible for technical and/or operational issues or defects arising from the App/Web Plataform, services and/or USER information.

EPISTEMIC does not guarantee the absence of viruses, malware or any other harmful electronic element, which may damage data, information or the functioning of other access devices, preventing the normal use of the network, the system or the equipment of third parties. In this sense, EPISTEMIC disclaims any liability for damages and consequent damages of any nature resulting from the presence of viruses or other code, files or programs received.

EPISTEMIC will not be responsible for reimbursing its USERS for any expenses with transportation, telephone calls, data packages, SMS, messages, emails, correspondence or any other amount spent by the USER or any other, for any reason whatsoever.

EPISTEMIC makes every effort to ensure that operation is uninterrupted and free from any faults but cannot guarantee that this will always happen.

The USER is fully responsible for the connection of the access device (smartphones, tablets, etc.) to the Internet and for its configuration. EPISTEMIC cannot guarantee that all devices will allow the services to function properly.

EPISTEMIC reserves the right to assist and cooperate with any judicial authority or governmental body, under the terms of the General Data Protection Law, and may send registration information of its USERS, when it considers that its assistance or cooperation is necessary to protect its USER, employees, collaborators, administrators, partners or anyone who may be harmed by the action or omission combated. The information will only be shared in individual cases in which there are reasons to suspect the occurrence of illegal activities and/or ones that could cause harm to third parties.

Third Party Sites

EPISTEMIC may include links to third party websites (“Third Party Sites”) on its platform. The USER will be responsible for assessing whether or not you wish to access or use a “Third Party Site”. The USER must review all applicable terms or the privacy policy of a “Third Party Site” before using it or sharing information with it, since you may grant permission to third parties to use your information in ways that the USER does not agree.

EPISTEMIC is not responsible for or recommends any resource, content, advertising, product or other material contained in or on “Third Party Sites”. Consequently, if the USER decides to access "Third Party Sites", will do so at your own risk, as well be aware that these "Terms of Use" do not apply to your use of any "Third Party Site".

In this sense, we suggest that the USER is informed about the policy of Third-Party Sites before providing any type of information. The USER expressly acknowledges and agrees that EPISTEMIC will not be responsible, directly or indirectly, for any losses and damages that are actually or allegedly caused by, or in connection with, the trust placed in such information, goods and services available on or through such third party sites.

Privacy Policy

EPISTEMIC clarifies that personal data of visitors to the Site are not collected or stored when they are not voluntarily provided by the data owner. The personal data collected through the Site may include your name, e-mail address, contact information, your IP address and the name of the computer that is performing the access, as well as other relevant data for the use of our services. EPISTEMIC undertakes not to use the personal data provided by visitors to the Site for marketing purposes without their prior consent. We emphasize that such consent is not provided by agreeing to these "Terms of Use".

The data entered in EPISTEMIC by the USER can only be made available to the health professional (doctor) chosen by the USER, this information will not be accessed and/or used by the EPISTEMIC team for any purpose without your prior anonymization.

The USER understands that when entering his data in EPISTEMIC he is consenting to its treatment for the following purposes:

Policy on the use of "Cookies"

EPISTEMIC may send "Cookies" (small files) of data stored on your devices when you browse and use websites and other online services, which may or may not be accepted by the USER.

Cookies are used by EPISTEMIC to make the App/Web Platform work more efficiently, and so that we can keep track of certain statistical data that helps us improve our App/Web Platform, in addition to providing information that can eventually help in the generation of data and the consequent personalization of the service and/or advertising.

The cookies used by EPISTEMIC do not contain personally identifiable data, in accordance with industry standards and the most used browsers.

Data usage policy

We will use the USERS information to provide, protect, correct and improve our services, including, but not limited to:

Information about user visits, and the statistical data resulting from this, can only be shared with third parties, in any capacity, after their anonymization, whether for commercial, advertising, educational and journalistic purposes.

The USER consents and accepts that EPISTEMIC will provide all the information requested by public agencies, if they are duly justified and compatible with the law in force.

For legal reasons, EPISTEMIC will keep all users' information in its database after the registration is canceled for a period of 90 (ninety) days, after which the data will be permanently removed.

Information Security Policy

EPISTEMIC adopts all appropriate technical and organizational security measures to protect its USERS data, in accordance with the best industry standards. However, the USER must be fully aware that no security system offers full guarantee, so that EPISTEMIC is not responsible for data leakage, when proven that it has occurred in a criminal manner, through the use of technological resources superior to those standards usually accepted by the industry and used by EPISTEMIC.

Requests regarding Personal Data (Rectifications, removal of personal data, cancellation, etc ...)

The USER may, at any time, request information from EPISTEMIC regarding the personal data we have about you, as well to request a copy of these, rectifications, removal of such data, and/or cancellation of the USER account, observing the peculiarities of each request.

To do so, you must send an email to: contact@epistemic.com.br or call the number: +55 (11) 3039-8311 and make your request, or directly through the specific field in the App.

Note: We inform you that the deadline for replying to your request is 1 (one) month, if it is a highly complex request we can extend the period to a maximum of 2 (two) months.

Health Connect and Health Kit Data

Health Data Inputed by the User

Purpose of Health Data Collection

Termination

EPISTEMIC maintains the right to terminate these “Terms of Use” and your access to the App/Web Plataform or any Services at any time, for any reason, without prior notice.

General Provisions

Non-exercise or delay in exercise by the parties of any right contained in these "Terms of Use" shall not be interpreted as a waiver, withdrawal or novation. The prohibition, invalidity or unenforceability of any provision of these "Terms of Use" will not invalidate or affect it as a whole, and all other provisions that have not been affected by the prohibition, invalidity or unenforceability of the inoperative clause shall remain in effect.

The USER may not assign or transfer to any third party, in whole or in part, his rights and obligations arising from these "Terms of Use".

The Central Forum of the District of São Paulo, State of São Paulo, is elected as the only competent body to settle any disputes arising from this instrument, regardless of any other, however privileged it may be or may be.

Any doubts, criticisms, suggestions and / or complaints can be made by email contact@epistemic.com.br.