Welcome to OPENHEALTH.APP! This document establishes the Terms and Conditions of Use that govern the use of our software developed to simplify the life of the health professional, optimizing consultations, managing clinical exams and patient treatments in a practical and simplified way.
The purpose of these Terms and Conditions of Use is to regulate access to and use of the Open-Health.App Platform and Software (beta version), provided by OPENHEALTH API TECNOLOGIA E SERVIÇOS LTDA, CNPJ/ME nº 51.793.845/0001-12 (hereinafter "CONTRACTOR"). By registering on the Site (https://poc.open-health.app/) and/or Open-Health.App application, the user (hereinafter "User" or "CONTRACTOR") agrees to the conditions set out in this Term.
Through the Site and/or Application, you (hereinafter "User" or "CONTRACTOR") may register in order to obtain the Services provided.
Please read the Terms carefully, which stipulate the functionality of Open-Health.App and also define the rules of participation for Users (Professionals and/or Patients) registered with this service.
These Terms are available to read at any time on the Open-Health.App application.
By using OPENHEALTH.APP, you agree to these Terms and Conditions. If you do not agree, please stop using the platform. These terms may be updated, and changes will take effect immediately upon publication. Continued use constitutes acceptance of the changes.
If you have any questions, please contact us at: contact@openhealthtechnologies.com
1. SOFTWARE DESCRIPTION
OPENHEALTH.APP is an innovative software solution designed to simplify access, reading, understanding and management of clinical exams and patient treatments in a practical and simplified way. Equipped with artificial intelligence, the software offers advanced features for compiling clinical examination reports and generating detailed and educational reports.
Main features:
- Report compilation: OPENHEALTH.APP is able to compile clinical examination reports in an automated, secure way, based on medical literature, providing an accurate and detailed analysis of the results.
- Educational reports: The software generates didactic and accessible reports, comparing individual test results to reference values and providing clear scientific explanations for each type of test performed.
- Modern and Accessible Design: The reports generated by OPENHEALTH.APP have a modern and accessible design, presenting medical information in a simplified way to make it easier for the lay public to understand.
Target Audience:
OPENHEALTH.APP is aimed at a variety of users in the healthcare sector, including diagnostic laboratories, pharmacies, healthcare technology companies, medical clinics and healthcare professionals. These users can benefit from the software's advanced functionalities to improve the efficiency, accuracy and quality of the services provided to patients.
Segurança e Privacidade:
OPENHEALTH.APP adheres to the highest standards of data security and privacy, ensuring the protection of sensitive patient information and compliance with current regulations related to the protection of health data. Access the Privacy Policy at: www.open-health.app/politica-de-privacidade
1.1. USERS - OPENHEALTH.APP
OPENHEALTH.APP has been designed to meet the needs of a wide range of users in different segments, offering customization according to the individual demands of each CONTRACTOR. It is intended for use by various types of healthcare organizations and professionals, including:
- Diagnostic Laboratories / Clinical Analysis: Laboratories offering diagnostic services can use OPENHEALTH.APP to manage and analyze the results of their clients' clinical examinations, facilitating communication and the provision of healthcare.
- Pharmacies and Drugstores with Diagnostic Services: Pharmacies and drugstores that offer diagnostic services can use OPENHEALTH.APP to manage and analyze their customers' clinical test results, facilitating communication and the provision of healthcare.
- Doctor's Offices and Hospitals: Healthcare professionals working in doctor's offices and hospitals can benefit from OPENHEALTH.APP's advanced functionalities to compile test reports, generate detailed and simplified reports, making it easier for patients to understand.
- Healthcare professionals: Doctors, nurses, biomedical professionals, nutritionists and other healthcare professionals can use OPENHEALTH.APP as an effective tool for analyzing and interpreting clinical exams, improving the quality of care provided to patients.
- Health Technology Companies and Digital Platforms: Companies that develop technological solutions for the health sector, as well as digital health platforms, can integrate OPENHEALTH.APP into their systems to add value to the services offered to users.
OPENHEALTH.APP has been designed to meet the diverse needs of users and provide a personalized and efficient experience in the management of clinical examinations and patient treatments. Its flexible and adaptable design allows the various healthcare segments to benefit from its advanced functionalities and innovative features.
1.2. VALIDATION OF MEDICAL INFORMATION AND DIAGNOSTIC LIMITATIONS
The integrity and accuracy of medical information are key priorities at OPENHEALTH.APP. All medical information is rigorously validated by qualified medical professionals and aligned with up-to-date medical literature. In partnership with medical experts, the platform guarantees continuous validation of the medical content generated, ensuring maximum security and reliability of the information made available to users.To ensure the integrity and reliability of medical information, it is essential to point out that OPENHEALTH.APP does not carry out medical diagnoses. Its main purpose is to compile laboratory reports and issue reports in the OPENHEALTH.API format. These reports can include customizable fields for health professionals to enter their conduct and treatments individually, when appropriate for each case.It is crucial to note that OPENHEALTH.APP does not replace the medical diagnosis, but rather compiles the results of the reports, providing an overall analysis in line with the reference values in the medical literature. All medical information is thoroughly validated by specialized medical professionals in partnership with the platform, guaranteeing the accuracy and security of the data made available to users.
1.3. SENDING REPORTS
The software offers the functionality of sending reports to various entities, in order to provide greater efficiency and convenience. Reports can be sent to laboratories, pharmacies, drugstores, medical clinics, medical professionals or directly to the patient, depending on the user's choice.
Laboratories, Pharmacies, Drugstores and Medical Clinics:
By choosing to send reports to pharmacies, drugstores or medical clinics, the user agrees that these entities will have access to the information contained in the reports for the specific purposes related to the patient's health and treatment. It is the user's responsibility to ensure that the sending of these reports complies with current data privacy policies and regulations.
Medical Professionals:
Sending reports to medical professionals is a way of facilitating communication and collaboration between the different healthcare providers involved in the patient's treatment. By choosing this option, the user acknowledges that medical professionals will have access to the information contained in the reports for evaluation and clinical decision-making.
Send directly to the patient:
The option to send reports directly to the patient allows them to access information related to their clinical examinations conveniently and quickly. The user must be aware that the patient will have direct access to the details of the reports and is responsible for ensuring the security and confidentiality of this information.
Sending methods:
Reports can be sent via the application, by e-mail or by other means of communication provided by the software. The user is free to choose the most appropriate sending method for each situation, taking into account the privacy and security of the information.
By using the software's report sending functionality, the user agrees to the terms and conditions set out above and assumes responsibility for the proper and secure use of this functionality.
2. RESPONSIBLE USE OF OPENHEALTH.APP FOR HEALTH PROFESSIONALS AND HEALTH SERVICES
2.1. USE BY HEALTHCARE PROFESSIONAL
When using OPENHEALTH.APP, healthcare professionals must obtain authorization from patients for the processing of their personal data. This authorization can be obtained directly by the professional and included in the platform along with the patient's exams, or requested by OPENHEALTH.APP via WhatsApp following the health professional's request. The information and collection of the patient's authorization are essential for the continuity of services through the app. The absence of this authorization makes the processing of personal data unfeasible. After authorization and inclusion of the medical reports, the OPENHEALTH.APP team will issue a report summarizing the patient's results within 24 hours.
2.2 USE BY HEALTH SERVICES WITH SYSTEMS INTEGRATION
If OPENHEALTH.APP technology is integrated into the applications and websites of laboratories and clinics, the patient will be subject to the institution's personal data processing policy. This policy must include authorization for data processing by authorized third parties. OPENHEALTH guarantees that data is processed in accordance with current regulations, ensuring that data is anonymized when it reaches its intended purpose. OPENHEALTH.APP may keep the patient's history for the configuration of future reports with individualized comparative studies, provided that it is duly authorized for this purpose.
3. INTERRUPTION OR SUSPENSION OF SERVICES
OPENHEALTH.APP reserves the right to interrupt or terminate the services at any time, without prior notice, if it deems it necessary. OPENHEALTH.APP shall not be held liable for damages arising from failures in telecommunications networks that may cause the suspension, cancellation or interruption of the application service during its provision.
4. USER OBLIGATIONS AND RESPONSIBILITIES
Responsibility for Content:
You are responsible for all the data you enter on the platform. Make sure that there are no legal impediments to your activities, as well as that all consents have been properly collected.
Acceptance of Terms:
Acceptance of these Terms of Conditions of Use will last until you cancel your user account.
Prohibitions:
It is prohibited to use Open-Health.App in ways that include:
- Violation of applicable local, state, national or international rules, laws or regulations.
- Illegal or fraudulent activities, with illegal or fraudulent objectives or consequences.
- Harming vulnerable people, especially incapacitated minors.
- Intentionally transmitting data, sending or uploading materials containing viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful program.
Individual Use and Personal Password:
The Platform is for individual use and the password is personal and non-transferable. Avoid sharing your credentials to avoid data conflicts and loss of information. Access will be granted in accordance with the contract signed between the parties.
Account Security:
If you know or suspect that someone else has access to your credentials, you must inform us immediately by e-mail at contact@openhealthtechnologies.com.
Updating your e-mail address:
Keep your e-mail address up to date with Open-Health.App at all times to facilitate communication between the parties.
5. RESPONSIBILITES OF OPEN-HEALTH.APP (CONTRACTOR)
In this section, we detail the responsibilities of Open-Health.App (hereinafter "Contractor") to guarantee the stability, security and confidentiality of the platform:
5.1. GUARANTEE OF OPERATION
Open-Health.App undertakes to maintain the continuous and proper functioning of the software, except in cases of technical impediments or unforeseeable events related to third parties, such as internet infrastructure failures or server problems. We will make every reasonable effort to resolve any technical problems quickly and efficiently.5.2
5.2. DATA CONFIDENTIALITY
We guarantee the confidentiality of all personal and commercial data entered into the Open-Health.App platform. All information, even that not explicitly designated as confidential, will be treated with secrecy and security, in accordance with current data protection laws.
5.3. USE AND PROCESSING OF DATA
We undertake to use and process the personal data of Open-Health.App users in accordance with the legal provisions applicable to data protection. We will not share, sell or disclose this information to third parties without the express consent of the users, except in the cases provided for by law.5.4 Exclusion of Liability:Open-Health.App shall be liable for damages caused by its fault or willful misconduct, under the terms of the Civil Code and the Consumer Protection Code. However, we are not liable for damages arising from the actions of third parties, including malicious users or hackers.
6. DATA USE AND DATA PROTECTION
By using Open-Health.App, the healthcare professional (Contracting User) confirms that they have obtained the patient's express authorization to share and use personal data, especially laboratory test results, with Open-Health.App. The Contracting User understands and accepts that the processed data will be stored in the Open-Health.App system for the purpose of improving the platform and optimizing artificial intelligence.
In compliance with the General Data Protection Act (LGPD), Open-Health.App undertakes to adopt appropriate technical and organizational measures to ensure the security and privacy of the personal data processed. The Contracting User acknowledges and agrees that Open-Health.App may, when necessary, process personal data for the proper functioning of the platform, always respecting current legal regulations.
Open-Health.App will not share or sell personal data to third parties without the express authorization of the Contracting User, except in the cases provided for by law. In addition, the platform adopts anonymization practices whenever possible, in order to protect the identity of users and make the data used for research completely anonymous, in compliance with the LGPD.
The Contracting User has the right to access, correct, delete or obtain information about the processing of their personal data, as provided for in the LGPD. To exercise these rights, the Contracting User can contact Open-Health.App through the support channels available on the platform.
These guidelines aim not only to improve the user experience, but also to ensure compliance with data protection regulations, providing security and transparency in the processing of information, including through anonymization for research purposes.
7. CANCELLATION AND REIMBURSEMENT
The Contracting User has the right to cancel the contract at any time, following the established procedures, for example by means of written communication, via e-mail or WhatsApp.
Following cancellation, the Contracting User will lose access to the solution 30 days after the date of cancellation. Open-Health.App undertakes to make available the digital reports (or PDFs) for all of the Contracting User's patients. The responsibility for archiving patient files lies solely with the Contracting User.
Any fees or payments made by the Contracting User up to the date of cancellation will not be refunded, but will be considered as compensation for the services provided up to that point.
These guidelines have been established to ensure an efficient and fair transition in the event of cancellation, with a view to preserving the integrity of the information and services offered by Open-Health.App.
8. FINAL CONDITIONS
Communications: By using the Open-Health.App Platform, the Contracting User agrees to receive marketing emails sent to the registered email address, as well as WhatsApp messages associated with the phone number and email linked to their registration. If you wish to stop receiving these communications, the platform offers the option of manual unsubscription.
Privacy and Confidentiality: We undertake not to disclose information about you or your representatives as a customer, supplier or potential customer/supplier. The existence of this Agreement and the nature of the relationship between the parties are treated confidentially, without public disclosure under the terms of this Agreement.
Declaration of Awareness: The Contracting User expressly declares that, in accordance with Article 46 of Law No. 8.078/1990 (Consumer Protection Code), he/she was previously aware of this Agreement on the Open-Health.App Website during the registration process and adherence to the chosen plan. This document is available on the Open-Health.App website for consultation. It will be the User's responsibility to periodically consult these Terms and Conditions of Use, as well as any other applicable supplementary documents.
Acceptance and Responsibility: By accepting this Agreement, the Contracting User states that they are aware of and agree to the data collection described in this document. Furthermore, they acknowledge that they are solely and exclusively responsible for the information provided when accessing the Platform, and that they are also liable to third parties for damages arising from incorrect, incomplete or untrue information entered.
Assignment of rights: Open-Health.App may unilaterally assign the rights and obligations arising from these Terms and Conditions of Use to third parties. If this occurs, the User will be notified and assured that the assignment will not affect their rights under the contract.
Jurisdiction and Applicable Law: This document shall be governed by and construed in accordance with Brazilian law, in the Portuguese language, and the jurisdiction of the User's domicile shall be elected to settle any dispute or controversy involving this document, unless specific personal, territorial or functional jurisdiction is specifically reserved by applicable law. The Terms of Use and Conditions have been drawn up in accordance with the General Data Protection Law (Law No. 13,709 of 2018).
If you have any questions, just contact Open-Health.App at contact@openhealthtechnologies.com
