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Terms and Policies of Use

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TERMS AND POLICIES OF USE

Iron Electronic Medical Record

Hello, and welcome to the Telemedicine Platform provided by Iron Trainers do Brasil LTDA. The Iron Platform (“Platform”) is made available through a website. All of its content has been developed, is operated, and is owned by Iron Trainers do Brasil LTDA, a company registered under CNPJ/ME No. 21.298.287/0001-58, with its registered office at Rua Funchal, 411, 4th Floor, CEP 04551-060, São Paulo, State of São Paulo, Brazil. All rights reserved. (“Iron Trainers do Brasil LTDA”).

The Platform is offered as Software as a Service (SaaS) and is accessed through an internet connection. We provide a variety of features, including digital urgent medical care and scheduled medical consultations through Telemedicine (Teleconsultation), as well as several other services such as electronic prescription management, medical test requests, medical certificates, reports and other clinical documents, appointment scheduling and calendar management, and additional healthcare-related functionalities. These Terms of Use (“Terms”) describe the terms and conditions governing your access to and use of the Platform. Your rights and protections regarding the privacy of your personal data are addressed separately in our Privacy Policy.

Accordingly, we encourage you to read these Terms carefully. For your convenience, the index below provides quick access to each section:

  1. What is the Telemedicine Platform offered by Iron?
  2. What equipment do I need to access the Platform?
  3. How do I access and use the Platform?
  4. Precautions when accessing the Platform
  5. Prohibited Conduct
  6. Intellectual Property
  7. Term and Duration
  8. Liability
  9. Indemnification
  10. Communications
  11. How do we update these Terms of Use?
  12. Governing Law and Jurisdiction
  13. General Provisions
  14. Questions and Support

BY CLICKING “I HAVE READ AND ACCEPT” (OR A SIMILAR MESSAGE), OR BY ACCESSING OR USING OUR PLATFORM, YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY. PLEASE NOTE THAT THE PROVISIONS SET FORTH HEREIN GOVERN THE LEGAL RELATIONSHIP BETWEEN YOU AND THE PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS THAT FOLLOW, YOU MAY NOT ACCESS OR USE THE PLATFORM.

Whenever these Terms refer to “we,” “us,” “our,” or “the Platform,” they refer to Iron Trainers do Brasil LTDA and its Telemedicine Platform. Whenever these Terms refer to “you,” “your,” or “User,” they refer to the individual (natural person) who accepts these Terms for the purpose of accessing and using the Platform.

1. What Is the Telemedicine Platform Offered by Iron?
You have likely experienced one or more of the following situations: spending a long time traveling to or waiting at medical offices, clinics, or hospitals for medical care that could have been provided remotely from the comfort of your home or workplace; visiting an emergency room because you were unsure which medical specialty to seek, resulting in the unnecessary use of emergency services and increased exposure to other illnesses; having difficulty locating your medical test results or printing them for a consultation; or consulting two or more physicians who request the same medical tests, leading to unnecessary duplication, additional costs, inconvenience, and repeated examinations. ALL OF THESE SITUATIONS CAN LEAD TO FRUSTRATION, LOST TIME, WASTED RESOURCES, DUPLICATE COSTS, AND, MOST IMPORTANTLY, NEGATIVELY IMPACT THE QUALITY OF YOUR HEALTHCARE. Based on these experiences—and in response to the COVID-19 pandemic—Iron introduced to Brazil a Telemedicine Platform designed to provide patients with greater convenience and faster access to healthcare through Teleconsultations. With the Platform, patients can receive appropriate medical care from the comfort of their home or workplace, with a strong focus on their health and well-being. All medical consultations and records are securely stored and remain available for future reference through the Digital Medical Record (Electronic Health Record). In addition, the Platform includes a Digital Prescription service, allowing healthcare professionals to electronically issue prescriptions for medications, medical test requests, medical certificates, and other authorized medical documents. In general, the features offered by the Platform include, or may include:
  • 24/7 Teleconsultations for urgent medical care;
  • Scheduled Teleconsultations with medical specialists, including general practitioners, nutritionists, psychologists, and other healthcare specialties;
  • Electronic prescriptions for medications, medical test requests, and medical certificates;
  • Organization and secure storage of medical, laboratory, and hospital test results, reports, and other clinical documents;
  • Health questionnaires and risk assessment surveys;
  • A centralized repository of the patient’s medical history and health records.

THE DATA THAT YOU STORE ON THE PLATFORM IS YOUR SOLE RESPONSIBILITY.

2. What Equipment Do I Need to Access the Platform?

The equipment required to access the Platform—including a computer, camera, and microphone—as well as the necessary software (a supported web browser or the Iron Telemedicine mobile application) and all internet-related resources (such as a stable internet connection), are your sole responsibility. You are also responsible for maintaining a secure computing environment, including the use of appropriate security tools, such as up-to-date antivirus software, firewalls, and any other reasonable measures necessary to protect your devices and personal information.

3. How Do I Access and Use the Platform?

To use the services available on the Platform, you must provide the following information like full name; Brazilian Individual Taxpayer Registry (CPF) number; Date of birth; Professional council registration details (if you are a healthcare professional); and a valid email address. This information must be provided to the Iron Human Resources (HR) team, which will carry out the necessary internal procedures to create your Platform account and login credentials.

Access to the Platform will be provided through your registered email address and a temporary password supplied to you. After your first login, you may change your temporary password to a password of your choice, provided it complies with the Platform’s security requirements for password creation.

4. Precautions When Accessing the Platform

You are responsible for maintaining the confidentiality of your Platform login credentials. You may not share your login information with any third party and are solely and exclusively responsible for all activities carried out under your account.

You agree to notify the Platform immediately if you suspect any unauthorized use of your login credentials or account. IRON shall not be liable for any losses or damages resulting from unauthorized access to or use of your account, including those arising from your failure to maintain the confidentiality of your login credentials through carelessness or negligence. In the event of loss, theft, or suspected unauthorized use of your account or Access Information, IRON must be notified immediately so that appropriate measures can be taken. If duplicate or vulnerable accounts are identified, IRON may disable all duplicate registrations without prior notice.

Therefore, by using the Platform, you represent and warrant that you:

  1. will keep the information provided during registration accurate and up to date; and
  2. will not violate any applicable contract, agreement, law, or regulation when using the Platform;
  3. will preserve the integrity of the Platform by not sharing your access credentials or facilitating any unauthorized use;
  4. will promptly notify the Technology team and/or your responsible Manager if you identify any potential issues with the Platform.

If any information provided by you is false, inaccurate, outdated, or incomplete, or if IRON has reasonable grounds to believe that such registration information is false, inaccurate, outdated, or incomplete, we reserve the right to immediately suspend or terminate your account, without prior notice, and refuse any current or future access to all or part of the Services.

5. Prohibited Conduct

You must not, among other things:

  1. Violate any applicable municipal, state, national, or international law or regulation in force in Brazil, or any law that, for legal reasons, is applicable in Brazil;
  2. Share and/or post photos, videos, or any other content relating to the Platform, whether on media outlets, social networks, or by privately sharing such content with third parties;
  3. Engage in conduct that is contrary to public morals or accepted standards of good conduct;
  4. Impersonate or falsely represent another individual or legal entity;
  5. Upload, transmit, publish, display, send, or otherwise make available any content that is unlawful, including, but not limited to, content that infringes the honor or privacy of others, is pornographic, obscene, defamatory, libelous, vulgar, prejudicial, racist, discriminatory, promotes criminal activity, is otherwise objectionable, or may give rise to civil or criminal liability under applicable law;
  6. Upload, transmit, publish, display, send, or otherwise make available any content that infringes the rights of any third party, including Intellectual Property Rights (as defined below);
  7. Upload, transmit, publish, display, send, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, unsolicited messages, or bulk communications (commonly known as “junk mail” or “spam”);
  8. Upload, transmit, publish, display, send, or otherwise make available any content containing viruses or any other code, files, or computer programs designed to interrupt, damage, destroy, or limit the functionality of any software, hardware, or equipment;
  9. Threaten, coerce, intimidate, or harass other users;
  10. Violate the confidentiality or privacy rights of any third party;
  11. Engage in any act that, directly or indirectly, in whole or in part, may cause damage or harm to the Platform, its users, or any third party;
  12. Use the Platform for any purpose other than those expressly authorized under these Terms.
6. Intellectual Property

Platform Rights

The Platform, its content, and any related text, graphics, images, photographs, illustrations, trade names, trademarks, logos, information, source code, layouts, look and feel, domain names, software, know-how, and other materials are protected by intellectual property laws (“Intellectual Property Rights”). All Intellectual Property Rights associated with the Platform are owned by IRON, licensed to IRON, or owned by our partners, as applicable.

Any commercial exploitation, transmission, publication, modification, reproduction, copying, or any other form of commercial use of such content by you is strictly prohibited.

Reproduction of Content for Personal Use

The reproduction of any content available on the Platform is prohibited unless prior written authorization has been obtained from the Platform, or where such reproduction is intended solely for your personal and non-commercial use. Under no circumstances shall you acquire any Intellectual Property Rights in or to such content. If you violate any of the Platform’s Intellectual Property Rights, you shall be solely responsible for any and all civil and/or criminal liability arising from such violation.

Submission of Unsolicited Information

IRON’s policy is not to accept or consider unsolicited ideas, suggestions, or creative materials, including, but not limited to, notes, drawings, concepts, comments, technical suggestions, know-how information, advertising materials, videos, or any other information (other than personal data and medical data) (“Submissions”) unless specifically requested. The purpose of this policy is to avoid potential misunderstandings in the future if projects developed by the Platform’s professionals are similar to creative works submitted by third parties.

ALL SUBMISSIONS WILL BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IRON MAY USE, EXPLOIT, MODIFY, DISCLOSE, OR OTHERWISE DISPOSE OF SUCH SUBMISSIONS AT ITS SOLE DISCRETION. THE PLATFORM SHALL NOT BE LIABLE FOR THE USE OR DISCLOSURE OF ANY SUBMISSIONS, AND YOU ACKNOWLEDGE THAT YOU SHALL NOT BE ENTITLED TO ANY COMPENSATION OR OTHER PAYMENT ARISING FROM THEIR USE OR DISCLOSURE.

Your Statements, Testimonials, and Comments

By accepting these Terms, you also authorize IRON to use, copy, reproduce, make available, transmit, share, translate into other languages, and incorporate into other materials (including, but not limited to, the Platform, videos, and advertising materials), in whole or in part, any statements, testimonials, or comments relating to the Platform and/or the services provided by the Platform or by third parties. This authorization applies regardless of whether such content is submitted through a specific feature provided by the Platform or sent by email, text message, or posted on social media platforms such as Facebook, X (formerly Twitter), Instagram, YouTube, or similar services. This authorization does not apply to any content protected by medical confidentiality or by any applicable laws, regulations, ordinances, or other legal provisions that prohibit the disclosure of such information.

7. Term

These Terms shall remain in full force and effect for as long as:

  1. The Services are made available through the Platform and have not been discontinued by IRON and/or replaced by new Terms of Use;
  2. You continue to access the Platform; and
  3. You remain registered as a user of the Platform.
8. Responsibilities

You acknowledge and agree that, if you are dissatisfied with the Services or encounter any issues, your sole remedy is to uninstall the application, discontinue accessing the website, and stop using the Services. To the fullest extent permitted by applicable law, the Platform, its owners, partners, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, and licensors shall not be liable for any losses or damages of any kind (including direct, indirect, punitive, incidental, consequential damages, or loss of profits) arising from or related to the use of, or inability to use, the Services. The Platform is provided to you subject to the terms and conditions set forth herein, taking into account the Platform’s economic and operational model.

Any modification to the allocation of liability established herein may result in an economic imbalance affecting the Services provided through the Platform. The Platform shall not be liable for any loss or damage arising from information provided or stored by you or by third parties, nor for any losses resulting from mobile network outages, Wi-Fi connectivity failures, or other similar circumstances that prevent access to or use of the Platform. The Platform shall also not be responsible for:

  1. False, inaccurate, incorrect, or outdated information provided by you;
  2. Any decision made by you based on information made available through the Platform;
  3. Damages caused by any content containing viruses or any other code, files, or computer programs intended to interrupt, damage, destroy, or limit the functionality of any software, hardware, or equipment;
  4. Fraud, misrepresentation, identity fraud, or other deceptive conduct committed by you while using the Platform; or
  5. Any consequences directly or indirectly related to actions or omissions taken based on information available on the website and/or through the use of the Platform.
9. Indemnification

You agree to indemnify, defend, and hold harmless IRON, together with its directors, officers, agents, partners, and employees, from and against any losses, liabilities, claims, legal actions, demands, or expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Platform; your violation of these Terms of Use or the Privacy Policy; failures or malfunctions of your equipment; or your improper or unauthorized use of the information or materials available through the Platform.

10. Communications

By accepting these Terms, you authorize the Platform to communicate with you through any electronic means, including mobile phone, text messages, and email. You acknowledge that the Platform is the primary channel through which information and communications will be provided to you.

11. How Do We Update These Terms of Use?

Our Services are continuously evolving and improving. Accordingly, we may modify these Terms at any time, at our sole discretion, in order to reflect updates, improvements, or changes to our Services. We will notify you of any changes by publishing the updated Terms on the Platform. For your convenience, we will notify Users whenever these Terms are updated, and the date of the latest revision will be displayed at the beginning of the Terms. If any changes are considered material and require your consent, we will present the revised Terms to you and request your acceptance before they become effective.

We recommend that you review these Terms each time you access the Platform to stay informed of any updates, as your continued access to and use of the Platform will be subject to the most current version of these Terms. Your acceptance of these Terms, or your continued use of the Platform after an update, constitutes your agreement to the revised Terms. IF YOU DO NOT AGREE WITH THE UPDATED TERMS, YOU MAY NOT CONTINUE TO ACCESS OR USE THE PLATFORM.

12. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil. The parties agree that the courts of the Judicial District of São Paulo, State of São Paulo, Brazil, shall have exclusive jurisdiction to resolve any disputes arising out of or relating to these Terms of Use or the Privacy Policy, with the express waiver of any other jurisdiction, regardless of any privilege that such jurisdiction may otherwise have.

13. General Provisions

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, that provision shall be deemed severed, and the remaining provisions shall remain in full force and effect. Section headings are provided solely for convenience and reference purposes and shall not define, limit, affect, or otherwise influence the interpretation, scope, or application of the corresponding provisions. Any failure by the Platform to enforce any provision of these Terms of Use, or to act in response to any breach by you or any other person, shall not constitute a waiver of the Platform’s rights. By accepting these Terms, you grant IRON the right to take any measures that it reasonably considers necessary or appropriate to enforce and/or verify compliance with any provision of these Terms of Use.

14. Questions

If you have any questions regarding these Terms of Use, please contact the Platform by email at: dpo@iron.fit