Phast, along with the Phast brand and the www.phast.com.br website are the exclusive property of CONNECTIVA TECNOLOGIA E SERVIÇOS EM SAÚDE E ESPORTE EIRELI, CNPJ 27.033.388/0001-83
For the purposes of this document, Phast can be referred to as “application” or “app”.
The registration and use of the Phast app confers user status and implies the full acceptance of these Terms of Access and General Use, and as such, any individual and/or legal entity that accesses the www.phast.com.br website, and any individuals and/or legal entities that use the Phast application, undertake to respect and comply with them under their sole responsibility.
Any user who does not accept these conditions, and/or who do not agree to any of the conditions contained herein, will not be able to use the Phast application or the www.phast.com.br website.
The General Access and Use conditions are mandatory and binding. Any user who does not accept these conditions and/or any changes to this regulation should refrain from accessing or using the www.phast.com.br website and the Phast application.
Thus, user status necessarily implies prior acceptance and adherence to these rules and/or any rectifications in full and without reservation.
In order to ensure maximum effectiveness of the Phast app, we reserve the right to deny or restrict access to any users who do not abide by these rules and use conditions, without the need for prior notice.
Phast may change and/or modify these General Access rules and Use conditions at its sole discretion at any time and without notice, where it should be deemed appropriate or necessary, in order to optimize and/or adjust the access regulation to the www.phast.com.br website and the app use. The publication of the present in the General Conditions section of the www.phast.com.br website should be sufficient for this purpose. However, and without prejudice to the foregoing, users may be advised by email, at Phast's discretion.
All users will be deemed to have accepted these changes by continuing to use the www.phast.com website and/or the Phast app.
In addition to these General Access and Terms of Use, access to and use of the software application must also require compliance with the Privacy and Data Protection Policy which can be found on the www.phast.com website.
The General Access Conditions and Terms of Use and Privacy Policy displayed on the www.phast.com website contain the entire agreement between you and Phast, and supersedes any prior agreements between the parties in connection with the Phast App and access to www.phast.com.br, whether oral, written or in electronic format, or consecrated by the practice or precedent between Phast and the User.
Any User who does not agree to these terms of the General Conditions of Access and Use or the Privacy and Data Protection Policy shall cease immediately the use of the application and the www.phast.com.br website.
Any condition that may be altered takes effect from the immediate moment of its publication on the Phast website, www.phast.com.br
The Phast app and the www.phast.com.br website use should also be governed by the Privacy Policy. Phast has designed the privacy policy in order to assist users in understanding how the information they provide is compiled, organized, used, and posted on the www.phast.com website.
Através da criação de uma conta ou acessando o aplicativo, os usuários aceitam e concordam que eles são obrigados a seguir a Política de Privacidade, e consentem com a compilação, uso e armazenamento de suas informações, conforme descrito na Política de Privacidade publicado no site da www.phast.com.br.
The Phast App is a social application aimed at identifying the functional profile of clients who practice physical activity and sports through a physiotherapy evaluation, with the objective of detecting musculoskeletal system dysfunctions that may hamper the practice of the activity or increase the risk of injury.
Users agree that the Phast app offers a service that is constantly evolving, and as such, Phast may require users to accept updates to the application installed on their electronic devices without the need for prior notice.
Users can access the Phast app by registering by email, where they must fill out a form with the data required by Phast. Once registered, they will have the right to use the app, provided they comply with these General Access and Use conditions provided in this instrument, which they declare to adhere irrevocably and irreversibly, limited to the purposes described here.
Users accept that their name and profile photo will be available to the public and that search engines can indicate them. No right of image and copyright exploitation is granted by Phast to the user by means of said functionality.
Users must provide their email in order to register, and they will be invited to select a password. Users may not share their account or information access, allow account access by others, and may not perform any other activity that could compromise their account security.
If a user becomes aware of any safety breach, it must be notified to Phast immediately.
Users are solely responsible for maintaining the confidentiality of their account access information, with all that is involved. (As an example, you will be solely responsible for all purchases that may be made through your account).
Phast reserves the right to be able to delete usernames, especially when the user name may violate any third party rights.
You acknowledge and agree that all of your account rights are the exclusive property of Phast. Phast reserves the right to delete and/or terminate any account that remains inactive for a period of more than 185 days.
The user must use proper language, and be courteous to other users, whether they are individuals and/or legal entities.
Users are solely responsible for all content of any kind published and generated through Phast, based on any of its features, including the provision of patient data and the sharing of related reports. As a result, you will be solely responsible for any consequences that may arise from your publications and use of the content generated through the app. In addition, the reports generated by the app do not replace the analysis and interpretation of a Physiotherapy professional, registered in the competent Professional Council.
Users are expressly prohibited from engaging in the behaviors described below:
. Configuring false identities, acting on behalf of third parties without sufficient power or authority to do so, and/or representing the identity of another person.
. Displaying fake data. As such, they are required to ensure the truthfulness and accuracy of the data provided, committing to keeping them updated at all times. In case users identify or detect an anomaly related to the use of said data, they must immediately notify Phast of this fact so that said data can be changed or canceled.
. Violating the rights of third parties, namely, industrial and intellectual property rights, as well as personal rights and confidentiality. The final reports generated from the evaluation can only be sent to the patient in question, being prohibited their publication in media, advertising and publicity vehicles, publications, social networks and similar, without the express authorization of the patient and Phast.
. Falsifying information, data, signatures, disrespecting applicable laws, regulations and/or standards.
. Registering and using the Phast app without having the legal ability to do so and/or use it in the irregular exercise of the physiotherapy profession.
. Not complying with the rules and procedures established to access and use Phast, using methods that may damage the application and/or third party systems.
. Using the Phast app for purposes other than those for which it was designed.
. Sending promotional messages, chains, and/or mass advertising, both through the profiles and through private messages unless the recipient has given his / her previous consent.
. Associating the use of the app with any third party products not authorized by Phast.
. Disclosing advertising content that has not been expressly approved by Phast is prohibited, along with covert advertising such as reviews or SPAM.
. The publication of any information that is abusive, threatening, obscene, defamatory, libelous, racial, sexual, religious, or otherwise objectionable or offensive.
. Pornography is prohibited along with any nasty or offensive content. Likewise, the publication of any information that contains nudity, excessive violence, or an offensive subject is prohibited, as well as the publication of any link that leads to such content.
. Creating an account with another identity if a previous one was deleted by Phast.
. Using the account exclusively for business purposes.
. Using the Phast application to distribute any material or information that violates the Physiotherapy Code of Ethics (COFFITO), as well as any other code of ethics and conduct of the professional health regulatory body, copyright, trademarks, patents, trade secrets, the right to privacy, publicity rights, or any other rights held by any person or entity, or to be passed on to another person (including Phast employees).
. Starting, assisting, or participating in any type of attack on the Phast app and/or the www.phast.com site, for example, virus distribution, access denial, attempts to disrupt Phast services.
. Reverse engineering, deconstructing, decoding, or any other attempt to obtain the source code.
. Using the Phast app to distribute information and/or commercialization of materials and/or products and/or services that are illegal, harmful, defamatory, vulgar, obscene or otherwise objectionable. Users furthermore agree not to transmit any material or offer any services and/or products of any nature that incite conduct that could constitute a criminal offense.
Users undertake to use all information they have access to in a confidential manner, solely for the purpose of accessing and using the Phast application, or to which they have access as a result of the use of such information. Phast reserves the right to edit, alter or delete any content that does not comply with the general conditions of access and use, and in accordance with its policy of action, and may even unilaterally delete the user, and put an end to his / her access to the Phast application, immediately and without prior notice, when the user's behavior does not comply with these general conditions of access and use.
As such, posting material that contains software viruses that are harmful to computer equipment may lead to unilateral and unannounced cancellation of the user’s account by Phast.
The results, information, and analyses generated through the app are not either direct and/or isolated recommendations or instructions for adopting physiotherapeutic and/or medical procedures, recommendations, prophylaxis and/or treatments for these are competencies that only apply to the professional legally empowered.
In this sense, the user declares to know and accept that the information and analyses generated through the app are only support and supporting tools, and there is no guarantee of efficacy and/or suitability for identifying any pathologies and/or symptoms, as well as to the implementation of any physiotherapeutic and/or medical procedures, recommendations, validations, diagnosis, prophylaxis and/or treatments as a result of their use.
Likewise, the interpretation of any data and information generated by the app can only be performed by licensed Physiotherapists properly registered with their class council, being their adequacy, validity, and effectiveness of the professional’s exclusive responsibility and individual and autonomous professional judgment.
Information processed in the app will not be disclosed to third parties. However, Phast may use such information respecting the confidentiality of the client's personal data and/or patients, for the database, statistical studies, and development of new tools and associated techniques. Phast shall not be liable to User for any compensation arising from the use of this information.
Phast does not represent and/or guarantee the adequacy of the use and interpretation made by any health care professional based on the app tools, which is subject exclusively to the judgment of said professional in the practice of their abilities and legal practice of the profession.
Phast does not provide medical and/or physiotherapeutic services to the user and it is not a healthcare professional. Phast only acts as a technology platform for accessing the analysis and information tool for licensed physiotherapist professionals.
Phast does not in any way accept liability for Users' abuse or misappropriation of content by third parties.
Users are solely responsible for the information and data obtained through the application and/or derived from its use and for the information provided to third parties. Phast shall not be liable for any information, opinions (physiotherapy related or otherwise), or concepts issued, published or distributed through the use of the application or through any other site linked to Phast through links, or any services associated or related to the linked site.
Phast will not be liable under any circumstance for any content, information, and / or images that are not dependent on the www.phast.com.br website, or by those that are not managed by Phast itself, or for any data loss that may be caused by unauthorized third parties access in order to access the user's data and their use of the www.phast.com.br website through these data, without prejudice to the provisions of regulations. Phast is merely an application that acts as a data repository.
The user expressly agrees not to cause any damage to Phast, together with all its employees, in respect of any claim, loss, or damages, which may arise from: (i) use of Phast, and / or access to Phast web services, (ii) breach of any general terms and conditions of access and use provisions, (iii) infringement of any third party rights, including, but not limited to, copyrights, property rights, or the right to Privacy, and / or (iv) any claim for damages caused to third parties.
Likewise, users are responsible for any disputes that may arise between Users as a result of their use of the app and website for business purposes or otherwise.
The content that is part of the www.phast.com.br website and the Phast app and disclosed through them is the property of Phast and its authors and is protected by Law No. 9.610 of February 19th, 1998 and all other regulations in force in Brazil in relation to these matters.
Users expressly acknowledge, for all relevant purposes, that the brands, signs, images, drawings, logos, elements and contents contained in the application and the www.phast.com.br website are property of Phast, are subject to industrial and intellectual property rights, and belong to Phast on an exclusive basis, and as such, users are not conferred any rights over them. The use of any Phast element is under the protection of the current legislation governing industrial property without prior consent and is expressly prohibited. In particular, the use of trademarks, trade names, establishment nameplates, logos, slogans or any other distinctive sign belonging to Phast is prohibited.
As a result, and for the sole purpose of example and not limiting, users may not: use, reproduce, transform, modify, distribute, copy, exploit, publicly communicate or otherwise apply the elements and contents indicated in the previous paragraph, unless Phast has given its express written consent.
Administrator’s authorization must be presented in order to reproduce such material, with respect to trademarks, logos, or any other distinctive signs of the app.
With regard to users, they are responsible for their comments, ratings, shared files, and contributions. However, users assign Phast rights to their correct use within the scope of application operation, and to activities that assist in propagating the app.
Users agree not to submit material to Phast, which is the property of third parties. You will be responsible for any third party claims related to industrial and intellectual property rights and / or patents, trademarks and distinctive signs that may arise from the content you post and share on Phast, and shall be liable in full for any loss, and even legal fees that may be passed on to Phast and / or its employees.
Phast alone (and its licensors, if any) shall also be the owner of all rights, titles and interests, including all intellectual property rights, arising out of any suggestions, ideas, requests for improvement, comments, recommendations or other Information provided by you or any other party regarding the use of the application. Any copy, alteration, revision, improvement, adaptation, translation or work derived or created from said suggestions, ideas, requests for improvement, comments, recommendations or other information provided by you shall be the sole property of Phast, as well as in any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights worldwide.
The intellectual property rights of the content generated in Phast is the exclusive property of Phast.
The Administrator reserves the right to refuse the service or to cancel the registration of all users who do not comply with these conditions, as well as remove content without notice as it violates the conditions set forth in this document.
Additionally, Phast protects itself from all actions that may be in violation of laws that users may commit. Likewise, it must use all available legal means to recover any losses and damages in accordance with the legislation in force, without prejudice to the adoption of any of the measures provided herein.
By downloading the app, the user expressly declares and agrees to pay the cost for its use, for Phast is a paid application. The fees charged for downloading and using the app do not include any other fees and/or fees due or possibly applicable to any physiotherapeutic consultation services and their associated treatments provided by healthcare professionals who use this application as a tool. It is the sole responsibility of the user to keep informed of the current rates charged for downloading and using the app and its adherence to them.
You agree that you will pay for all fees arising from the use of the app and that Phast may charge such amounts through debit to your credit card account and/or associated financial services account (such as, but not limited to, PayPal, among others) as provided by you when you sign up to acquire the application, including all taxes and late fees, as applicable, which may be accrued by or in connection with your account. You are responsible for prepayment of all fees and for providing Phast with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
We use a third-party payment processor to connect us to your credit card account. Payment or credit processing, as applicable, in connection with your use of the application will be subject to the terms and conditions and privacy policies of the payment processor and the issuer of your credit card beyond this agreement. We are not responsible for any errors on the part of the payment processor or the issuer of your credit card. In connection with the purchase and/or use of the application, Phast will obtain certain details of the transaction, which we will use exclusively in accordance with our Privacy Policy.
Subject to your compliance with the terms and conditions herein, Phast hereby grants you a non-exclusive, limited, non-transferable license to download and install a copy of the application on a mobile device or computer (PC or Mac) that you own or control and make use of the application copy solely for your own personal use.
You must not (i) license, sublicense, sell, transfer, assign, distribute or commercially exploit or otherwise make available to third parties the application; (Ii) modify or perform derivative works based on the application; (Iii) reverse engineer or access the application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the application or (c) copy any ideas, features, functions or graphic elements of the application; or (v) launch an automated program or script, including, but not limited to, spiders, web crawlers, web robots, web ants, bots, viruses or worms, or any program that may make multiple server requests per second or charges or hinders the operation and/or performance of the services.
THE USE OF THE APPLICATION AND ANY INFORMATION CONTAINED OR PROVIDED THROUGH THE APPLICATION IS VOLUNTEER. We will consider all access or use is done on one’s own volition and by USER'S ACCOUNT AND RISK.
No content derived from the use of the application is or should be considered or used as a substitute for physiotherapeutic counseling, diagnosis or treatment.
Do not disrespect and/or delay obtaining care from your licensed healthcare professional or other QUALIFIED HEALTHCARE PROVIDER as a result of the content of the application.
We do not control, supply, endorse, insure or guarantee any information, products, services or goods provided by any of the health care providers that you may connect to as the user of the application.
We also do not guarantee or ensure that files that may be available for download through the Services will be free of infection or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We and our technology service providers cannot and do not guarantee against errors, omissions, delays, interruptions or losses, including loss of data. You may download and use the application at your own risk, and you are solely responsible for any damage to your hardware device (s) or data loss that results from downloading or using the Services. App users are responsible for maintaining an external medium for the reconstruction of any data loss.
PHAST DOES NOT GUARANTEE the accuracy, completeness, timeliness or usefulness of any information, products, services or information provided through the application. WE DO NOT WARRANT THAT THE APPLICATION WILL WORK UNINTERRUPTED, TIMELY, SECURELY OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHAST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, PUNITIVE, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (WHETHER OR NOT IN CONTRACT, INCLUDING NEGLIGENCE, MALPRACTICE, IMPRUDENCE, OR OTHER’S FAULT) ARISING OUT OF THIS AGREEMENT OR THE USE AND / OR INABILITY TO USE THE APPLICATION INCLUDING, WITHOUT LIMITATION, any information or data provided herein.
You agree to indemnify and hold harmless Phast, its affiliates, and any and all of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, Damages and costs, including attorneys' fees, arising out of the inappropriate use of the application, violation of this instrument by you or anyone else using your account, or your violation of any third party rights. We reserve the right to control the defense of any claim for which we have the right to indemnification to the support of this section. In such a case, you agree to provide us with such cooperation as reasonably requested by us.
The www.phast.com.br site and/or your Application may submit third party advertisements submitted by Phast. Likewise, Phast may provide links to third-party sites and/or suppliers that may invite users to participate in promotional offers. Any expenses incurred and/or rights acquired by the user in his relations with third parties must be of his own sole and exclusive responsibility.
The administrator will not accept any responsibility for the content that appears in the banners, buttons, and/or any other publicity of third parties. Phast gives no warranty with respect to any content, goods, services and/or products offered by third parties, even if they are linked to the service offered by Phast. Under no circumstances will Phast be liable for any claims of users in connection with the services, Products and/or goods offered by third parties. Redirected sites are not under the control of Phast, and as such Phast is not responsible for your business practices with respect to the content, and/or its policies, or for the compilation, use or disclosure of any information the third party can capture. In addition, the inclusion of the link does not imply in any way that Phast recognizes such sites.
Phast may assign and/or delegate these General Conditions of Access and Use and/or the Privacy Policy, in whole or in part, to any individual and/or legal person, at any time, unilaterally and without any need to Consent of the user.
In return, users may not assign and/or delegate the rights they acquire through this agreement, without the prior written consent of Phast.
1. Nullity: Should any clause or condition contained in this document be considered null or void, wholly or in part, by any court, the remaining provisions will remain fully effective.
2. Integrality: The legal relationship created between the parties will be governed by this document of General Conditions of Access and Use. This document and the Privacy Policy are the only valid documents existing between the parties, and they supersede any prior agreement or undertaking with the same object, whether written or verbal and may only be modified by means of an agreement signed by both parts.
3. Waiver: When one of the parties demands the fulfillment of any of its rights as stipulated in this document, it should not be considered as a waiver of such rights in the future.
4. The relationship between the parties: The access and use of the application and the relationship between the parties, under no circumstances may constitute a partnership, joint venture, agency or work contract between the parties.
5. Titles: The headings of the various clauses are for information only, and do not affect, qualify or extend the interpretation of this Agreement.
6. Force Majeure: Phast shall not be liable for any delays or failures that occur in the access, operation and / or operation of the application, or for any interruptions, suspensions or poor performance thereof, where these are the result of malfunctions caused by disasters such as earthquakes, floods and any other situation of force majeure, or situations of extreme urgency, catastrophes such as wars, strikes, lockouts, or any other situation of force majeure.
If you have any questions or concerns about accessing and using the Phast application or regarding these General Terms and Conditions of Access and Use, you may send an email with your question and contact details to the following address: contato@phast.com.br.
Likewise, you can contact us by addressing your question and contact details to:
Phast
www.phast.com.br
You are advised that all notices between the parties must be in writing. Without prejudice to this, Phast may send notices on the www.phast.com homepage to inform users of any changes and/or changes made to the Phast app. These clauses should be considered valid and, as such, serve as a warning to users.
Users expressly authorize Phast to send them advertising or promotional communications electronically, directly through the Phast application or through group companies, and users have the right to revoke their consent through the same channel.
Access and use of the app, as well as the interpretation, compliance, and application of these General Conditions of Access and Use shall be governed by the provisions of Brazilian law.
Both Users and Phast, waive the protection of any other jurisdiction that may be entitled, agreeing to be bound to the jurisdiction of the Belo Horizonte / MG county (Brazil), renouncing any other, however privileged it may be.
