TERMS OF USE OF THE BIOATLAS SOLUTION

1. OBJECT

BIOATLAS is a virtual and interactive 3D content software for health education, containing the human body atlas and various modules available for the customer to choose from, and can be contracted through the link BioAtlas – Interactive digital content for healthcare.

With BIOATLAS, the user may choose to purchase licenses for the following modules:

• Human Atlas;
• Cadaver;
• Cytology and Membrane Transport;
• Histology;
• Embryology;
• Physiology;
• Simulation;
• Pathology;

2. USER ENABLEMENT IN THE SOFTWARE

The login and password that provide access to the USER’s registration in BIOATLAS are for the USER’s personal and non-transferable use; therefore, MEDICAL HARBOUR is not responsible for any unauthorized manipulation of this information by third parties, and the USER must take all necessary measures to keep such information confidential.

When registering, USERS assume exclusive responsibility for the accuracy of the information provided and undertake never to share their accounts with other users, ensuring that their account will be used by the user themselves.

When registering for BIOATLAS, the user acknowledges that their license is non-transferable, exclusive by CPF, and under no circumstances should the user be shared with third parties; there is also no possibility of transferring/assigning the account.

The USER must be fully capable to contract the services of MEDICAL HARBOUR.

If the USER is not of legal age or fully capable and still purchases the service without MEDICAL HARBOUR being aware of this, the amounts for the services will be charged, and the USER’s account will be cancelled when this fact becomes known to MEDICAL HARBOUR, upon sending a communication to the main contact email provided by the USER at the time of registration.

The information provided by the USER will be confidential and for exclusive use by MEDICAL HARBOUR and its partners, and will only be provided in cases permitted by law or when fraud is detected—such as identity theft or improper use of the services—in which case the fraudster’s information (name, address, IP, etc.) may be provided to the injured party and the competent authorities (including DERCIFE – Special Office for the Suppression of Computer and Electronic Fraud Crimes) upon receipt of a court order.

MEDICAL HARBOUR will not be responsible for any loss or damage arising from your failure or the failure of third parties to maintain the security of your account and password. Keeping your login and password confidential is entirely the users’ responsibility.

In this sense, and without prejudice to other measures, MEDICAL HARBOUR may warn, suspend, block or cancel, temporarily or permanently, a USER’s registration at any time, initiating appropriate legal actions and/or suspending the provision of its services if: a) the USER fails to comply with any clause of these Terms or other MEDICAL HARBOUR policies; b) the USER neglects their obligations; c) the USER commits fraudulent or willful acts, such as using MEDICAL HARBOUR’s software tools for illicit activities, including unlawful medical practice; d) the USER’s identity cannot be verified as a member of the medical or health professionals’ community, or any information they provided is incorrect.

The USER acknowledges that MEDICAL HARBOUR will use the provided email address as the main method of communication.

3. ACCESS TO CONTENT

Licenses may be purchased under the following payment modalities:

1. a) Monthly subscription;
2. b) Annual subscription;

4. PAYMENT CONDITIONS

In the event of non-payment by the USER of any amounts owed to MEDICAL HARBOUR for the contracted services, MEDICAL HARBOUR may block or suspend, totally or partially, the respective functionalities of the BIOATLAS software licenses until payment is regularized.

The USER can contact us via email at [email protected].

5. AMENDMENTS TO THIS TERM

MEDICAL HARBOUR may change the conditions of this Term at any time to improve it and enhance the services provided by its software. The new conditions will take effect 24 (twenty-four) hours after publication on its website or directly in MEDICAL HARBOUR’s software and will be sent to the USER’s email. If you do not agree with the changes, the USER will have a period of 48 (forty-eight) hours from publication to inform us by email of their disagreement and request cancellation of the registration. In this case, the contractual relationship will cease to exist. However, if there is no response within the above period, it will be understood that the USER has tacitly accepted the new conditions, which will continue to bind the parties.

Any and all communication made by MEDICAL HARBOUR and sent to the USER at the email account designated as primary will be considered delivered and effective for all legal purposes, regardless of any errors caused by the server or the company responsible for the USER’s email.

Thus, if any account sharing is detected, the USER may have their access and account immediately blocked, with a notification sent to the main contact email provided by the USER, without the need for any prior notice. The simultaneous connection of two or more users using the same login will subject the infringer to have their access blocked and to the applicable administrative and legal measures.

Violation of any provision of this instrument and/or the Privacy Policy, as determined at the exclusive discretion of MEDICAL HARBOUR, will result in the immediate cancellation of your services, with no right to a refund, upon sending a communication to the main contact email provided by the user.

6. TERM AND DURATION

This Term is of indefinite duration, taking effect from the date of its electronic acceptance at the time of registration via MEDICAL HARBOUR’s software. Both parties may terminate the provision of the services covered by this Term at any time, upon prior and express notice to the other party within 15 (fifteen) days.

7. INTELLECTUAL PROPERTY

The commercial use of the expressions “MEDICAL HARBOUR” and “BIOATLAS” as trademarks, business names or domain names, as well as the content of the screens relating to MEDICAL HARBOUR’s software services, and the programs, databases, networks and files that allow the user to access and use their account, are the property of MEDICAL HARBOUR and are protected by copyright, trademark, patent and industrial design laws and treaties. Improper use and total or partial reproduction of these contents are prohibited, except when expressly authorized by MEDICAL HARBOUR.

MEDICAL HARBOUR’s software may occasionally include links to other websites, which does not mean that these sites are owned or operated by MEDICAL HARBOUR. As it has no control over these sites, MEDICAL HARBOUR is not responsible for the contents, practices or services offered on them. The presence of links does not imply any partnership, supervision, complicity or solidarity between MEDICAL HARBOUR and these sites.

8. INDEMNIFICATION

The USER shall indemnify MEDICAL HARBOUR, its subsidiaries, controlled or controlling companies, directors, administrators, employees, representatives, suppliers and workers for any claim brought by third parties arising from their activities on MEDICAL HARBOUR’s software or from their breach of this Term or other MEDICAL HARBOUR policies, or for violation of any law or third‑party rights, including attorney’s fees.

9. PERSONAL DATA PROCESSING

Before agreeing to these Terms, we recommend reading our Privacy Policy, which outlines general guidelines regarding the processing of personal data by Grupo Afya. Words capitalized and not defined in these Terms have the meanings assigned in our Privacy Policy, available at: Privacy Policy.

By agreeing to these Terms, you authorize MEDICAL HARBOUR (and all Grupo Afya entities, as detailed in the Privacy Policy) to use your personal data within the limits and purposes set forth herein and in compliance with Article 7 of the LGPD, including: (i) consent by the data subject; (ii) regular exercise of rights in judicial, administrative, or arbitration proceedings; (iii) necessity to protect the legitimate interests of the controller or third parties, unless overridden by fundamental rights of the data subject; and/or (iv) credit protection, in accordance with applicable data protection law (Law No. 13.709/2018 – “LGPD”).

By agreeing to these Terms, the user authorizes MEDICAL HARBOUR to use the following personal data provided at registration:

1. a) Full name;
2. b) CPF (Brazilian tax ID);
3. c) Email;
4. d) Phone;

The personal data provided by the USER to MEDICAL HARBOUR are stored on proprietary or contracted servers, domestically or internationally, for a period defined according to:

1. a) the period required by law;
2. b) the time necessary to achieve the purpose of the personal data processing, as listed above in this term;
3. c) the time necessary to safeguard MEDICAL HARBOUR’s rights in judicial, administrative or arbitral proceedings, including in accordance with applicable prescription periods.

The holder of your personal data has several rights provided by the LGPD. All rights are detailed in item 10 of the Afya Group’s Privacy Policy, of which MEDICAL HARBOUR is a subsidiary.

If the user needs to exercise any of these rights regarding their personal data or clarify any point related to this term, they can use the data subject request channel available on MEDICAL HARBOUR’s website. Data Subject Request, available on Medical Harbour’s website.

In addition to what is provided in the Privacy Policy, we inform you that the USER has the right not to provide the consent required in this term. However, please be aware that in this case you will not be able to use the software or access the content offered by the platform.

10. OTHER PROVISIONS

The obligations provided in this Term, without prejudice to other remedies available in this Term or in other instruments agreed between the parties, allow for specific performance of the obligations derived and/or arising therefrom.

It is expressly established that MEDICAL HARBOUR and the USERS are autonomous and independent of each other. Execution of this Term does not imply any kind of partnership, association or direct or indirect liability—whether corporate, commercial, tax, labor, social security or otherwise—nor alienation or succession between the parties, their employees or agents or toward third parties. Each party’s legal and functional autonomy is preserved, and neither party has the right to provide guarantees or make any declaration on behalf of the other, except as agreed in this Term.

All obligations assumed in this Term are irrevocable and irreversible, and the parties undertake, for themselves and their successors, to comply without restrictions with all terms and conditions of this Term.

11. JURISDICTION AND COMMUNICATION

This contract is governed by the laws of the Federative Republic of Brazil, and the parties elect the central court of the City of São Paulo/SP to settle any doubts or disputes arising from this Term, to the exclusion of any other, however privileged it may be.

The parties fully accept that the signatures of this Term will be executed via a digital acceptance tool, pursuant to paragraph 2 of article 10 of MP 2.200-2/2001, and this term shall be irrevocably considered by all who sign it as documentary evidence and an extrajudicial executive title for all purposes and effects.