Terms and conditions

Pode Perguntar

Last update: May 4th 2022

This application (“chatbot”; “service”) is offered to you (“user”) by MVB Health Consulting, CNPJ: 35.619.525/0001-94 with offices at Av. Dr. Arthur da Costa Filho, 1903, Sala 2- Sumaré, Caraguatatuba - SP, 11661-090, Brazil (“Pode Perguntar”; “We”; “Our”; “us”).

The following terms and conditions (“Terms”) will govern the agreement between you and us regarding your access and use of our application and any purchases made through our chatbot.

If you have any questions or need support, please contact us via contato@podperguntar.com.

1. Acceptance of this term

By using our service, you agree to be bound by these terms and by our Privacy Policy (“Policy”) Privacy Policy (“Policy”) If you do not agree with these terms or our policy, you must not use our services or make purchases in our application.

Please read these terms and conditions carefully before using our chatbot. These terms describe how our service is licensed for use by you.

2. What is the function of our Chatbot

Our chatbot was specially developed to present a solution in order to connect pregnant, trying to conceive and postpartum women to a virtual robot (artificial intelligence) that provides educational answers on issues related to pregnancy, breastfeeding, postpartum and related matters.

In summary, our chatbot aims to:

DISCLAIMER - WE ARE NOT MEDICAL SERVICE PROVIDERS

Our chatbot is designed to provide guidance related to pregnancy, breastfeeding and postpartum for informational purposes only. You should not trust the guidelines as a substitute for medical, professional advice, diagnoses or treatments.

In case of issues regarding to your health or the content of the guidelines of this chatbot, we recommend a visit to a doctor or other qualified professional. You must not, under any circumstances, delay or disregard a visit to a doctor or healthcare professional in view of the guidance obtained from our chatbot.

The development of healthcare research may influence the guidance provided by our chatbot. We strive to keep our service up to date, but there is no guarantee that the information provided by our chatbot will always comprise the latest findings.

We pride ourselves on presenting in our chatbot only products and professionals that are in accordance with what we consider most suitable for our users, but we reinforce that we do not recommend or endorse products or other information and services that may be offered while using our chatbot. The choice of these products, services or professionals must be made by you if you rely on the information provided.

3. License

These terms provide you with a personal, revocable, limited, non-exclusive, royalty- free, non-transferable license for you to access and use our chatbot for the purposes set out above on a mobile device owned and controlled by you.

4. Privacy

There is the collection and processing of personal data during the use of our application. For more information about what data is collected and how Pode Perguntar protects your data, please visit our Privacy Policy

5. Register

To use Pode Perguntar platform you do not need to register in our system. When accessing our platform for the first time, you will only have to provide your first name and from then on, every time you access our chatbot, you will be able to resume your conversation from the point where you left off.

If you use a shared computer and do not want other people to access your conversation, we recommend that, at the end of your service, use the end conversation button in the upper corner of the screen. This procedure will erase all your chat history and you will have to restart the chat when you log in again.

You must immediately notify Pode Perguntar of any unauthorized use of your access or any other security breach that you become aware of.

We are not responsible for unauthorized access to your account when the necessary security measures are not taken, including, but not limited to, end of the session in case of access in public or shared computers.

6. Age Restrictions

By using our application, you confirm that you are over 18 (eighteen) years of age. If you are 16 (sixteen) years of age or older and have obtained your parent/guardian's consent to use our platform, ask them to read this term with you.

If you are a parent/legal guardian and have consented to use our app, these terms apply to you and you are responsible for your child's activities when using our services.

7. Prohibited Activities

Pode Perguntar makes its application available free of charge for use according to strict compliance with these terms. For this reason, the right to define certain behaviors that will not be tolerated is preserved:

If the user engages in one of the behaviors listed above, Pode Perguntar can immediately revoke the license granted.

8. Rules for using our chatbot

Pode Perguntar provides a chatbot to offer guidance based on qualified information provided by the user. Your conversation with our chatbot is private and cannot be accessed by other users.

Besides you, only Pode Perguntar and its partners have access to your chat and only for specific purposes (see our Privacy Policy for more information).

For your safety and proper functioning of our chatbot, some guidelines have been established that must be followed by you while using our chatbot:

By using our chatbot you agree to comply with the above guidelines and acknowledge and accepts that failure to comply with these guidelines may impair the correct use of our chatbot or result in discontinuity and prohibition of access to our application.

9. Commercial transactions through our chatbot

Pode Perguntar provides optional services and content that can be accessed for a fee or business transactions with our partners, such as:

Third Party Offers

Pode Perguntar chatbot is a free and informative application. For this reason, in order to maintain the costs of our operation, we offer advertisements and offers from partners and receive a commission for the referral.

The advertisements, offers and content made available by third parties in our chatbot are the responsibility of their authors and not of Pode Perguntar. Even when you choose to purchase one of the products or services offered, you will be directed to the website of the responsible company, which is governed by its own Terms of Use and Privacy Policy. We recommend you to read the advertisers' terms and policies before purchasing any product or service.

Your correspondence or dealings with third parties advertised on our chatbot regarding payment and delivery of purchased goods and services or other terms and warranties related to such transactions are solely between you and the third party. Pode Perguntar is not responsible for losses and damages arising from this relationship.

Hiring services through Pode Perguntar chatbot

Hiring these services through Pode Perguntar chatbot will only apply if available in your region and will be governed as follows:

During the use of our chatbot, you may understand that the information provided by our chatbot alone is not sufficient for your guidance. In this case, it is possible to hire the consultancy of one of our service providers.

If you wish to carry out this type of contract, just type in our chatbot the commands “nurse” or “consultant” and one of our professionals will assist you.

We reinforce that the professionals linked to our platform do not carry out health prescriptions, but only guidelines related to pregnancy, breastfeeding and postpartum.

The request for this service is made upon payment of a fee to be informed upon the request. Payment can be made in two ways:

You agree to comply with the terms and conditions of the contract that you eventually need to sign to govern your purchases on our platform and acknowledge and agree that by providing your payment details we or our payment service providers are authorized to immediately bill the amount due as a result of your service request.

Once the payment is confirmed, the user will be helped by one of our professionals within a period of up to 02 (two) business days. The service will be carried out through our platform in 01 (one) session of up to 30 (thirty) minutes.

The user has the right to return the service only once within a period of up to 07 (seven) business days. The maximum duration of the return service will be the same as the initial one, 30 (thirty) minutes.

Pode Perguntar reserves the right to change its service billing rate at any time without notice.

You acknowledge and agree that your right to use our paid services is conditioned upon receipt of payment. If your payment is not received or the charge is refunded for any reason we may suspend or terminate your service.

If you have any questions or problems with your payment, please contact us via contato@podeperguntar.com

10. Advertising

It's free to ask questions and receive answers and informative tips about pregnancy, breastfeeding and postpartum in our chatbot.Pode Perguntar income comes from advertising, sponsored content, commissions from affiliate programs and lead generation, among other sources.

While using our chatbot, you may occasionally come across advertising banners from our business partners. By clicking on these banners you will be redirected to websites controlled by third parties and governed by their own Terms of Use and Privacy Policy.

11. Intellectual Property

All intellectual property available in our chatbot belongs to us, including the rights to the application and its content that includes texts, artificial intelligence, scripts, design, branding and other available content.

The user is aware that when using our chatbot, he/she does not buy the application and its content, but only receives a license to use it which can be revoked in the cases provided in this term.

If you believe that any of the accessible materials in our application violate your valid and applicable intellectual property rights, you may request the removal or limitation of access to such materials by contacting us via contato@podeperguntar.com. When in contact, we may collect other information that will helps us identify your rights.

12. Limitations of Liability

Under no circumstances Pode Peguntar and its directors, employees, contractors, agents or sponsors will be liable for loss, injury or indirect, incidental, special, exemplary or consequential damages (including, but not limited to, loss of use, data or profits; business interruption or personal injury or death) caused by any way, and on any theory of liability, arising in any way outside the use of our application, even if advised of the potential for such damages. This limitation is only applicable to the extent they are legal in your jurisdiction.

The liability of Pode Perguntar with respect to its obligations under this agreement or otherwise relating to our application shall not exceed the amount of the fee paid to engage our paid services.

Our application is provided “as it is”, as available and without any warranties or conditions of any kind, either express or implied, including but not limited to the warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and/or accuracy.

We do not guarantee the accuracy and completeness of the application or the information provided; that the application would not be interrupted or present viruses, bugs or other similar technical problems, as well as we do not guarantee that any defects presented by the application will be corrected.

Pode Perguntar does not guarantee that our application is compatible with any specific platform.

The user's reliance on the guidance provided by our chatbot will be their sole responsibility and we are not responsible for any action taken in response to or as a result of the information available in our application.

Some of the above limitations may not apply to you according to the jurisdiction applicable to you, as some jurisdictions do not allow disclaimer or exclusion of implied warranties or limitation of liability. Where the disclaimers or limitations set forth herein are not applicable, the scope and duration of the warranty and extent of our liability will be the minimum permitted by applicable law.

13. Indemnity

You agree to defend, indemnify and hold harmless Pode Perguntar and its directors, employees, contractors, agents, sponsors or other partners from and against any and all liabilities, loss, damage, cost and other expenses arising out of or related to your breach of any condition or obligation set forth in this term.

14. Termination

This term is effective upon your first use of our application and remains in effect until terminated by us or by you. You may terminate this term by not adhering to any condition set forth in this term. Upon termination, you must stop using our application.

We reserve the right to modify, suspend or discontinue provision of this application at any time, with or without notice.

Certain provisions of this term will be maintained even after termination, including those related to Intellectual Property, Termination, Jurisdiction, General Provisions and Limitations of Liability.

15. Changes to this term

This term can be changed at any time. In case of substantial material modifications that may change your rights, we will notify you through our application and present the new version for you to re-accept our agreement. If you do not agree with the changes to our Terms, you must stop using our application immediately. Your continued access following our change notice will show your acceptance of our updated Terms.

16. General Provisions

This term may only be changed or waived in writing by Pode Perguntar.

Our permission, even if by omission, of non-compliance, in whole or in part, with the clauses or conditions of this term, does not release, relieve, or in any way affect or prejudice our right to demand compliance with these clauses and conditions, which will remain unchanged without the tolerance changing of the now agreed.

If any provision of this term is considered invalid or unenforceable, this does not affect the other clauses that remain valid and in full force.

ode Perguntar reserves itself the right to terminate or restrict the user's use of our application in case of violation of these terms or illegal or fraudulent use of our services.

We may also limit availability and access to our chatbot to any person, geographic area, or jurisdiction, as well as disable certain features of our application at our discretion.

17. Jurisdiction and Forum

Without prejudice to local consumer protection laws, in the event of disputes regarding these terms or the use of our application, the laws of Brazil will apply. Your statutory rights under applicable consumer protection laws in your country of residence remain unaffected by this choice of law.

You and Pode Perguntar agree that any disputes will be resolved in the federal and state courts of the city of São Paulo, State of São Paulo, Brazil.

If applicable local law prevents certain disputes from being resolved in a São Paulo court, you may refer them to the local courts. Likewise, if applicable local law prevents the local court from applying the laws of Brazil to resolve such disputes, they will be governed by the laws of your country, state or other place of residence.

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