1. Identification
These Terms of Use ("Terms") govern the access and use of the digital platform Aura Med ("Platform"), provided by:
- Company name: Auramedical Tecnologia da Informacao Ltda ("Aura Tech")
- CNPJ (Tax ID): 58.107.486/0001-41
- Headquarters: Av. Paulista, 1106 - 16th floor, Bela Vista, Sao Paulo-SP, ZIP 01310-914, Brazil
- Email: contato@aura.med
By creating an account or using any feature of the Platform, the user declares to have read, understood, and fully agreed to these Terms.
2. Purpose
The Aura Med Platform is a health information technology product that integrates data from wearable devices, laboratory biomarkers, and clinical questionnaires to generate personalized visualizations and insights about the user's health profile.
Aura Tech is not a medical clinic, hospital, or healthcare provider. The Platform is a technology tool that organizes and presents health data. Any medical services, including teleconsultations and prescriptions, are provided exclusively by Aura Servicos Medicos, an autonomous and independent legal entity, duly registered with the Regional Medical Council of the State of Sao Paulo (CREMESP).
3. Application and Distribution Stores
These Terms are entered into exclusively between the user and Auramedical Tecnologia da Informacao Ltda, and not with Apple Inc., Google LLC, or any other app store operator ("Store Operator").
The Store Operator is not a party to these Terms and has no obligation to provide maintenance or support services for the Platform. In the event of the Platform's failure to meet any applicable warranty, the user may notify the Store Operator, which may refund the purchase price of the application, if applicable. To the maximum extent permitted by applicable law, the Store Operator shall have no other warranty obligation with respect to the Platform.
The Store Operator is not responsible for addressing any claims by the user or third parties related to the Platform or the possession and use of the Platform, including, without limitation: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection legislation or similar laws.
Aura Tech, and not the Store Operator, is solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to the Platform.
The user represents that: (i) they are not located in a country subject to a United States government embargo or that has been designated as a "terrorist supporting" country; and (ii) they are not listed on any United States government list of prohibited or restricted parties.
The Store Operator and its subsidiaries are third-party beneficiaries of these Terms and, upon the user's acceptance of these Terms, shall have the right (and shall be deemed to have accepted that right) to enforce these Terms against the user as a third-party beneficiary.
4. Medical Disclaimer
The Platform does not perform medical diagnoses, does not prescribe medications, and does not replace consultation with a qualified healthcare professional. The information, visualizations, scores, and insights generated by the Platform are exclusively informational and educational in nature.
In case of a medical emergency, immediately call emergency services or go to the nearest emergency care unit.
The user acknowledges that:
- The Platform does not replace regular medical follow-up;
- No information provided by the Platform should be interpreted as medical advice;
- Decisions about treatments, medications, or health interventions must be made exclusively with the guidance of a qualified physician;
- The data presented by the Platform may contain inaccuracies resulting from limitations of wearable devices, collection errors, or normal physiological variations.
5. Eligibility
To use the Platform, the user must:
- Be at least 18 (eighteen) years of age or be legally emancipated under applicable law;
- Have full legal capacity to accept these Terms;
- Provide truthful, complete, and up-to-date information during registration.
Use of the Platform by individuals under 18 years of age is expressly prohibited. Aura Tech reserves the right to terminate accounts created in violation of this requirement.
6. User Account and Data Security
Access to the Platform requires the creation of a personal and non-transferable account. The user is fully responsible for:
- Maintaining the confidentiality of their access credentials (email and password);
- All activities carried out under their account;
- Immediately notifying Aura Tech in case of unauthorized use of their account or any other security breach, via email at contato@aura.med;
- Ensuring that registration information and manually entered health data are truthful and accurate.
Aura Tech shall not be liable for any losses or damages arising from the user's failure to comply with the security obligations set forth in this clause.
7. Intellectual Property
All intellectual property rights related to the Platform, including, without limitation, the software, source code, algorithms, interfaces, design, texts, images, trademarks, logos, trade names, the designation "Phenomic Engine," and any other elements that compose the Platform are the exclusive property of Auramedical Tecnologia da Informacao Ltda or its licensors, protected by Brazilian law and international intellectual property treaties.
The user receives a limited, personal, non-exclusive, non-transferable, and revocable license to use the Platform in accordance with these Terms. This license does not confer any ownership rights over the Platform or its components to the user.
The user is expressly prohibited from:
- Copying, modifying, distributing, selling, leasing, or sublicensing any part of the Platform;
- Reverse engineering, decompiling, or disassembling the Platform software;
- Removing or altering copyright or intellectual property notices;
- Using the Platform to develop a competing product or service.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Aura Tech shall not be liable for:
- Indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities;
- Interruptions, failures, errors, or unavailability of the Platform, whether resulting from scheduled maintenance, technical failures, cyberattacks, or force majeure events;
- Inaccuracies in data collected from wearable devices or provided by third parties (laboratories, integrations);
- Actions or omissions of the user based on information provided by the Platform;
- Acts or omissions of third parties, including Aura Servicos Medicos, healthcare professionals, app store operators, or infrastructure providers.
In any event, the total and cumulative liability of Aura Tech to the user, for any cause or set of causes, shall be limited to the total amount actually paid by the user to Aura Tech in the 12 (twelve) months immediately preceding the event giving rise to the claim, or BRL 500.00 (five hundred reais), whichever is greater.
9. Modifications to the Terms
Aura Tech reserves the right to modify these Terms at any time, by publishing the updated version on the Platform. Changes shall take effect:
- For material changes: 30 (thirty) days after notification to the user by email or notification on the Platform;
- For non-material changes: on the date of publication of the updated version.
Continued use of the Platform after the changes take effect constitutes acceptance of the new Terms. If the user does not agree with the changes, they must cease using the Platform and request the closure of their account.
10. General Provisions
10.1 Applicable Law
These Terms are governed by the laws of the Federative Republic of Brazil, including, without limitation, the Civil Code (Law No. 10,406/2002), the Internet Civil Framework (Law No. 12,965/2014), the General Data Protection Law (Law No. 13,709/2018), and the Consumer Protection Code (Law No. 8,078/1990), when applicable.
10.2 Jurisdiction
The parties elect the courts of Sao Paulo, State of Sao Paulo, Brazil, as the competent forum to resolve any disputes arising from these Terms, with express waiver of any other, however privileged it may be, except for the consumer's right to opt for the forum of their domicile, pursuant to Art. 101, I, of the Consumer Protection Code.
10.3 Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable by a competent authority, the remaining provisions shall remain in full force and effect.
10.4 Assignment
The user may not assign or transfer their rights or obligations under these Terms without the prior written consent of Aura Tech. Aura Tech may assign or transfer its rights and obligations to third parties, upon notification to the user.
10.5 Contact
For questions, complaints, or requests related to these Terms, the user may contact us via email at contato@aura.med.