1- Introduction


SLEEPUP TECNOLOGIA EM SAÚDE LTDA, a limited liability company registered with the CNPJ under no. 35.408.641 / 0001-64, headquartered at Rua São Jorge, 604, Bairro Santo Antônio, São Caetano do Sul, SP, Brazil, CEP 09.530-25, is the Developer and owner of all rights of the SLEEPUP Application.
It presents in the items that follow all the Terms and Conditions of Use of the SLEEPUP Application and also its Privacy Policy.
In case of doubts, contact us by leaving a message in the dialog box of the item "Questions and suggestions" in the application, or by sending an email to suporte@sleepup.com.




2- Definitions


Mobile Application or Application (APP): refers to any computer program used for a specific function on mobile devices, such as tablets and smartphones. Available through specific Operating Systems, they lend themselves to objectives previously established by their developer.
Data: any information entered in the Mobile Application, whether in written, audio, video or audiovisual form.
Questions and suggestions: customer service to answer questions regarding the installation and use of the Mobile Application.
Data subject: The legal or natural person to whom the personal data refer.
User: any natural or legal person using this Application.




3- Product SleepUp


3.1. SLEEPUP is a digital platform that improves your sleep through lifestyle tips, music, guided meditation, mindfulness and virtual therapy. We monitor, analyze and follow its evolution with diaries, tests, reports and wearable technologies, developed for Android Operating Systems. 3.2. To use this Application, the USER must register with civil and criminal liability for the information and data provided in SLEEPUP. 3.3. The Developer reserves the right to refuse any registration request and to cancel a previously accepted registration, at its sole discretion and without prior notice, with no compensation or compensation for the cancellation of any registration or the impossibility of registration. 3.4. To access the SLEEPUP for the first time, the USER must download the Application on Google Play, install it on his smartphone, log in using his e-mail address, enter a password and enter his name, choose the Subscription Plan for according to their needs or choose to use the free plan, which for a period defined by the Developer, the user may have features released for tasting, and from there, start using the SLEEPUP product. It is also recommended to read these Terms of Use because, when you log in, you will be in accordance with our Privacy Policy and Terms of Use. 3.5. All data entered in the Application, in addition to being the sole responsibility of the user, are also the guarantee of their individual access, since all log records will be stored for a period of at least six months, as provided for in Article 15 of Law 12.965 / 2014 - Marco Civil da Internet. 3.6. The access code is personal and non-transferable. Never share it with third parties to prevent transactions being carried out by another person on your behalf.




4- Functionality overview


4.1. The functionalities of SLEEPUP will be made available in accordance with the version and the plan contracted by the USER, which are subject to the offer selected by the USER, respecting the described system requirements and other conditions provided for in these Terms. 4.2. The USER will have access to SLEEPUP according to the characteristics and functionalities of the contracted offer. If the USER is interested in acquiring a new offer different from the one originally contracted, he must perform a new contract, according to the guidelines indicated in the Application. 4.3. By accepting these Terms, the USER declares that he is aware that SLEEPUP may contain some or all of the features described below, according to the version and offer contracted by the USER, and the Developer does not have any responsibilities regarding the availability of any other features not indicated in the description of the offer selected by the USER. 4.4. In order to always have the most current and appropriate offer to the USER, SLEEPUP may change the portfolio of services and features of the versions made available at any time and the USER now declares to be aware and in agreement. 4.5. The access password is personal and non-transferable. The USER is responsible for maintaining the confidentiality of the Application password, as well as being fully responsible for all activities carried out through these access credentials. The Developer will not be responsible for any loss or damage resulting from or related to the unauthorized use of the USER's account, including, but not limited to, the possibility of the Application being accessed using the USER password. 4.6. By accepting these Terms, the USER declares to be aware that he must have all the information that he wants to insert in the Application, and also, that when deleting any content, it cannot be later retrieved; 4.7. The "Lifestyle Tips" feature can help your body find balance, improving your rhythm and consequently your sleep. 4.8. The "Music" feature can be an interesting strategy to relax and calm your mind. 4.9. The "Meditation" functionality can be an efficient technique for insomnia, as it tends to decrease anxiety and stress, leading to relaxation of the body and mind, thus allowing a more peaceful and restorative sleep. 4.10. The "Sleep Diary" feature is the main means by which information about your sleep will be collected. Without having access to this information, we will not know how your sleep has evolved during the follow-up, nor will we be able to offer you personalized guidance. It is very important that the sleep diary is filled in every day. 4.11. The "Clinical Tests" feature, clinical tests are complementary ways to assess your sleep, and aim to analyze some important aspects during treatment. Throughout the treatment you will answer different tests, which will address items such as daytime sleepiness, quality of sleep, severity of insomnia, circadian profile, sleep hygiene, among others. All tests are used internationally by Sleep Medicine Sleep Services and have been duly validated for use in Brazil. 4.12. The "Reports" feature is the way in which you will have access to the results of the analyzes on your sleep diary and on all clinical tests that you have completed. It is very important that you check the reports, so that you can see how your sleep has evolved over the course of the follow-up. 4.13. The "Personalized Recommendation" feature, reports will always present personalized recommendations to you, based on your profile and information from the sleep diary and clinical tests. With these personalized recommendations, the monitoring program will adapt to your needs and schedule specific practices to your complaints and symptoms. However, remember that personalized recommendations are only appropriate when the diary and clinical tests are completed regularly. 4.14. The "Monitoring" functionality, wearable technologies will be used to monitor your sleep pattern, in order to personalize your orientations and monitor your evolution. We will integrate with cell phone sensors, bracelets from the market and we will also have a smart band for monitoring brain activity. These technologies are under development and will be made available later. 4.15. The "Remote Physician Assistance via Chat" feature is an optional feature of the Standard and Premium plans and pays separately. The service will be performed by a doctor or psychologist accredited on our platform, after prior appointment. 4.16. The "Remote Medical Attendance via Video" feature is an optional feature of the Standard and Premium plans and pays separately. The service will be performed by a doctor or psychologist accredited on our platform, after prior appointment. 4.17. The "Virtual Therapy" functionality, consists of CBT and Mindfulness modules. It consists of a specific psychotherapeutic approach and focused on the causes and symptoms of insomnia, being carried out by a specialized psychologist. 4.18. The USER acknowledges that general practices and limits regarding the use of these features may be established, including, but not limited to, (i) access to the features in accordance with the offer contracted by the USER; and (ii) access limit to the functionalities after the expiration of the term without payment or the cancellation of the paid plan of SLEEPUP. For any of the above situations, once the term has expired, the rule of the “Free” plan of SLEEPUP will be applied.




5- Plans and prices


5.1. SLEEPUP provides the features for free, standard and premium plans, as shown in the "Price and Plans" of the Menu. 5.2. If the USER chooses to have more resources, the amount to be paid for the license to use the SLEEPUP (“Price”) by the USER will vary according to the conditions and terms of the offer (s) available, at the time of contracting. 5.2.1. It is possible that the contracted offer will provide a period of gratuity to the USER, which will be expressly indicated at the time of contracting the service. The free period cannot be combined with any other offer, unless otherwise indicated at the time of hiring. 5.2.2. SLEEPUP reserves the right to make promotions, including having different prices for similar packages in the same period of time, depending exclusively on negotiations with commercial partners, which, due to volume, may have more benefits with reduced prices. 5.2.3. SLEEPUP may, at any time, readjust its price list, its will and need, only for new contracts, that is, new plans. 5.2.4. For plans already acquired, prices may be adjusted every 12 (twelve) months or at the lowest frequency allowed by current legislation, based on legally recognized inflation indices. 5.3. In the event of default, the USER acknowledges that he may have SLEEPUP functionalities blocked immediately after the beginning of the default, without any prior communication in this regard, with the functions being released only after the payment of the amounts due, according to the contracted plan. ages




6- Technical Requirements


6.1. For the provision of the services covered by this Term, the USER must have at his disposal one or more devices that contain the minimum configuration that allows the installation and use of the SLEEPUP. The Operating Systems are modified periodically, which is why, SLEEPUP will undergo new updates to accompany the new versions of the Operating System. For complete operation, the minimum requirements of the Application are: i. Operating Systems Android 5.0 or higher; ii. Stable Internet connection.




7- Access recover politics


7.1. In the event of the need to recover access, the USER must submit to the process provided for in the Application, which will direct him to the correct steps for this operation.




8- Limited warranties


8.1. The technological stage does not guarantee that SLEEPUP, developed on platforms from different suppliers, does not present errors, inaccuracies, addictions, defects or that the operation will be uninterrupted, therefore, the Developer does not guarantee them either. 8.2. As the Application was developed to meet only the demands specified in item 6. Overview of Functionalities, the Developer does not guarantee that it meets any other needs of the USER. 8.3. The USER recognizes that SLEEPUP should not be used in environments without a stable internet signal, as there may be failure, unavailability, delay and content error.




9- User obligations and responsibilities


9.1. The Developer recommends SLEEPUP USERS to carefully check the characteristics of any products or services offered before making any registration over the Internet and that, mainly: i) Check in person or through someone you trust any goods or services to be purchased; ii) Be careful with your individual identification data whenever you access the Internet, informing them only in operations where data protection exists; iii) Provide truthful and proprietary information; iv) Be responsible for any type of information or statement originating with your USER name; v) Do not share your mobile device with others who could possibly have access to your personal and sensitive data; vi) Strictly comply with all provisions of these Terms of Use; vii) Take any other measures necessary to protect yourself from damage, including fraud or online fraud. viii) Respect and submit faithfully to all the clauses and conditions agreed in the present instrument. ix) Data subjects have the right, at any time, to:
-Request the removal of your data; and
-Delete data or make it anonymous.




10- Intellectual property, copyright and trademarks


10.1. The USER does not acquire, by this instrument, any intellectual property right or right over the Application and its components, thus, he / she will not, under any circumstances, have access to its source code. 10.2. The Application, logo, brand, insignia, symbols, manuals, technical documentation or any other related material, constitute copyright and trade secrets owned by the Developer. 10.3. Any violations of the Developer's intellectual property will subject the USER to immediate suspension of the use of the Application and to the termination of this document, without any contractual refunds by the Developer, without prejudice to the reimbursement of any losses and damages caused.




11- The obligations of the developer


11.1. Offer a digital platform to monitor and improve sleep. 11.2. Strive to promptly correct any flaws in the Application. 11.3. Apply continuous improvements to the Application, changing, when necessary, previous specifications and guidelines. 11.4. Suspend access to the Application if there is a violation or disregard of the rules of these Terms of Use or current legislation, regardless of prior notice. 11.5. Use the best efforts and practices in relation to information security.




12- Application changes


12.1. The Developer and its suppliers may make changes to SLEEPUP's information, services, products and other materials, or terminate activities at any time without prior notification to USERS and without the possibility of indemnification.




13- Indemnity


13.1. The USER will indemnify the Application Developer for any demand made by other USERS, by third parties arising from his illegal activities at SLEEPUP, for his breach of the Terms of Use and other policies of the Application or for the violation of any law or rights of third parties in the amount of 50% (fifty percent) of the value of the contracted plan. 13.2. It is noteworthy that the reverse is also true, since upon feeling injured, the USER can also claim compensation in the amount of up to 50% (fifty percent) of the value of the contracted plan.




14- Technology Risks


14.1. All risks arising from the use of SLEEPUP are borne by the USER. If your use results in the need for services or replacement of material, property, equipment or information from the USER, the Developer will not be responsible for such costs. 14.2. The information, "software", products, values and services published in the Application may contain typographical errors or inaccuracies. Changes and adjustments to the information are made periodically. 14.3. In no event will the SLEEPUP Application be liable for any direct, indirect, incidental, special damage or as a result of any facts resulting from its use or inability, or for any information, products or services obtained through it or as a result of the its use. 14.4. In addition to possible technical problems that the Application is subject to, it may also stop working, if there is no stable internet signal.




15- Privacy Policy


This Policy aims to provide USERS with a transparent view of practices related to the collection and storage of data entered in this Application. In addition, reading this document will help you make decisions about your relationship with us. Read carefully so that you feel safe when using the SLEEPUP application.

This Privacy Policy contains guidelines and information on how we treat and protect the information received and stored, as well as the extent of our responsibility for the safekeeping, protection and disclosure of such information. By clicking on the “I read and accept” icon, you agree to the practices described in this document.

SLEEPUP's mission, through its software, is to take care of your sleep in order to improve insomnia.

In general, the objective of this Policy is restricted to the following main points:

i) Explain how we use the information you share with us, and what information stays with us;

ii) Explain what we do to protect your data and what risks exist.

15.1. INFORMATION RECEIVED AND AVAILABLE

15.1.1. For the correct operation of SLEEPUP, USERS need to provide data that is capable of identifying them, as well as their operations. This information is collected when a USER signs up with SLEEPUP, as well as any updates that the USER wants to make.

15.1.2. Except for the Credit Card information, which does not remain with SLEEPUP, but in the possession of the Credit Card operator, the USER acknowledges that he will not make any confidential information available on the Application. The information made available to SLEEPUP will be the E-mail and Name for your registration and data about your sleep that you need to fill in daily for the correct functioning of the SLEEPUP application.

15.1.3. In addition to the information mentioned above, some information is collected automatically to allow the software to function correctly or for the purposes of legal records, problem solving, accounting, debugging the communication network, or security and audit operations. Technical information is also collected to identify devices for fraud prevention and diagnostic purposes.

15.1.4. The automatic information collected is not restricted, but is mainly related to: Internet Protocol (IP) address used by your device in the network layer, connection or session ports used in the transport layer, information about the mobile application, platform and the Operating System, information about the browser and its version, connection time and duration, time zone, browser plug-in types and version, and available geolocation information.

15.2. RESPONSIBILITY FOR THE PROTECTION OF INFORMATION

15.2.1. The Developer, is concerned with the privacy of its USERS, so it looked for the most secure options of datacenters in the market such as Amazon WEB Services (AWS), Google Cloud Platform (GCP), or any other equivalent, where they provide several resources and services of security to increase privacy and control access to the network. Among them are:

i) Network firewalls built into VPC and web application firewall features that allow you to create private networks and control access to instances and applications;

ii) Encryption in transit with TLS on all devices, controlled by the customer;

iii) Connectivity options that allow private or dedicated connections and connections from your local environment or your office;

iv) Automatic encryption of all traffic on global and regional networks, between protected installations.

This way, they will ensure that all information in normal use conditions is safe, however there is no way to guarantee the leakage of personal information, with respect to hacker invasions that use illegal practices, specified in item 17.4, for this reason, as of now the USER agrees to exempt the Developer from any liability.

15.2.2. Regarding the information of the means of payment, such as Credit Card, they will not be stored by the Developer or in the SLEEPUP application, but by the institutions of means of payment, which, therefore, will be responsible for this information, using PCI- DSS (Payment Card Industry - Data Security Standard), bringing benefits to both merchants and the end customer and providing both peace of mind similar to that provided by ISO certification.

15.2.3. SLEEPUP does not sell USERS 'personal information. Likewise, it does not provide personal information to third parties, except in cases for which such information is strictly necessary to provide the service requested by the USER, in accordance with our Terms and Conditions of Use.

15.3. DISCLAIMER OF LIABILITY IN THE EVENT OF A SAFETY BREACH

15.3.1. The Developer will take all possible technical and administrative measures to maintain the confidentiality and security of the information of its contractors and the security and stability of this application. However, it will not be responsible, nor will it answer, for any damage that may result from the disclosure of such information due to the breach or breach of Internet security barriers by third parties, which may occur as a result of cyber attacks, compromise or breach of security mechanisms. security, or even due to random cases of software failures, protocol failures, or hardware failures, whether or not they refer to documented or undocumented technical vulnerabilities.

15.3.2. This conduct corroborates the fact that the Developer follows strict rules of good security and commercial practices, which can be proven through technical documentation of the application's robustness tests, as well as the care taken in the management and responsibility of the data, in accordance with Law 13.709 / 2018 - General Law for the Protection of Personal Data (LGPD) and the best compliance practices.

15.3.3. The USER expressly acknowledges here, that he will not provide any information that he considers confidential in SLEEPUP.

15.4. RESPONSIBILITY OF DATA BY THE USER

15.4.1. The USER guarantees and is responsible for the veracity, accuracy, validity and authenticity of the personal data informed and undertakes to keep them duly updated. Even if it strives to ensure the quality of the data, the Developer will not be held responsible for the inaccuracy of personal data entered by USERS, or even for the falsification of data in its possession.

15.5. COMPLIANCE WITH LEGAL ISSUES

15.5.1. Personal and registration information will be released in compliance with current legislation. In the event that the USER's personal information is required for legal reasons, it will be delivered by the Contractor to the owners of the data entered in this Application. In addition, it will not be liable for damages that may result from the disclosure of such information when this disclosure does not come from the Developer, nor extrapolate the cases limited in the Terms of Use and this Policy. The USER must be aware that we will use and release personal and registration information when we believe that the release is appropriate to protect the rights, property or security of SLEEPUP, its USERS or third parties, or to enforce or apply our Terms and Conditions of Use and other agreements, which respect the legislation regarding these issues. This may include exchanging information with other institutions or companies to protect against fraud and reduce risks.

15.6. EXCLUSION OF CONTRACTORS 'REGISTRATION

15.6.1. Furthermore, the USER is aware that the deletion of his data will imply the end of his access to SLEEPUP, as well as the definitive deletion of all his data, even if the Developer maintains the minimum information storage period determined by Brazilian law. , these records will no longer be available to the USER.

15.7. SAFETY

15.7.1. Despite all possible measures related to security and good practices, it is not possible to guarantee the security of all the information that the USER makes available at SLEEPUP.

15.7.2. SLEEPUP is a mere platform for the information provided by its USERS, and the use of the service under these conditions is a personal decision of the USER




17- Changes to the terms of use


16.1. The independent Developer of notification or notice, may modify, alter and / or adjust these terms at any time and these modifications, changes and / or adjustments shall be effective and immediate as soon as they become public. For this purpose, the USER must periodically review the terms of use, being certain that the access or continuous use of SLEEPUP by the USER is subject to the acceptance of the terms in force.




18- Forum


18.1. Subject to the consumer's rights, in which the jurisdiction of the domicile of the latter prevails, any question or controversy arising from this Agreement will be settled in the Court of the District of São Paulo - State of São Paulo - SP, with express waiver of any other. Version updated on April 21, 2020




16- Term of Informed consent


Project title: Evaluation of Portable Technologies and Remote Cognitive-Behavioral Therapy in Monitoring Sleep and Insomnia Treatment. Step # 6: Description of the profile of users of online platforms for insomnia treatment and associations with adherence to treatment and therapeutic success. Responsible researcher: Gabriel Natan Pires You are being invited to participate, as a volunteer, in the survey described above. The invitation is made because you are already a user of a SleepUp service. Your contribution is important, however, your participation is voluntary. At any time, before, during and after the survey, you can request further clarification, refuse to participate or withdraw from participation. In all of these cases you will not be harmed, penalized or held responsible in any way. BACKGROUND AND RESEARCH OBJECTIVES: The use of apps for insomnia is increasingly widespread and in many cases can actually contribute to the treatment and improvement of sleep complaints. However, the effect of this treatment is different on each person. We want to know the profile of people who have the best results with this type of treatment and which features contribute the most to sleep improvement. PROCEDURES: As you are already a user of SleepUp services, your participation is based solely on the section of data obtained through the application. This includes descriptive and socio-demographic characteristics, test results made in the application and registration of the use of all functionalities of the application. This survey will consider all information obtained over six consecutive months, counted from your consent to the terms of this survey. Participation in this project does not imply additional risks or discomfort to any already taken by your commercial use of SleepUp services. Even so, it should be noted that: If you use the application on your cell phone, ensure that you are in an adequate and safe environment, avoiding situations that can lead to accidents (such as driving or walking). Also, ensure that you have access to a secure internet network, as some important information will be transmitted by the application. The use of the application may involve the discussion of habits and personal information and that this can cause discomfort in some people. In both cases, you always have the right not to pass any information to the psychologist or the application, if you do not feel uncomfortable. RISKS, BENEFITS AND COSTS: As a benefit, you will be contributing to science and providing better treatment for insomnia. It is important to note that this research is primarily for academic purposes and that its results will be disseminated among the scientific community, in order to benefit not only SleepUp users. Researchers and partner institutions are committed to treating your data anonymously, with privacy and confidentiality. Your data will not be used for purposes other than those described in this term. In addition, the results of your tests or any other data resulting from this research will not be released individually, safeguarding the confidentiality of your data. You will receive all your test results as soon as they become available. In addition, you can at any time ask the research team for the preliminary results of this project. Participation in this survey does not imply additional costs to those you already assume for being a user of any SleepUp service. Your participation will not be reverted in payment, discounts on the use of the service or financial benefits of any nature. If any problem or personal injury occurs during or after the procedures to which you will be subjected, you will be guaranteed the right to immediate treatment, not excluding the possibility of indemnification determined by law, if the damage is due to your participation in the research. Any costs related to damages and damages will be the responsibility of SleepUp. CONTACT: In case of doubts about the research, you can contact the responsible researcher, Dr. Gabriel Natan Pires, on the phones (11) 4118-3019, cell (11) 95555-6467 and e-mail Gabriel.Pires @ sleepup.com.br. If you have any concerns or doubts about the research ethics, please contact the Research Ethics Committee (CEP) of Universidade Brasil (R. Carolina Fonseca, 235 - Vila Santana, Itaquera - São Paulo / SP - CEP: 08230 -030. Tel: (11) 2070.0167. Email: comite.etica.sp@universidadebrasil.edu.br).





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