Terms and Conditions

1. Introduction

The Terms and Conditions set out the rules for using our Site, our mobile applications (Apps), and related services. It also sets out the rights and obligations of Equação Perspicaz Unipessoal, Lda., hereinafter referred to as "DocBay" or "We", the User, the Administrators and the Healthcare Professionals.

All services are made available to the Patient User free of charge, namely the possibility to search, list and book appointments with healthcare professionals via the DocBay marketplace, use the Website or Apps to make teleconsultations or send messages via Docbox. However, the User also recognises that the DocBay Platform refers to medical acts or care carried out by healthcare professionals in the context of a consultation, which may give rise to the invoicing of fees for such consultations.

FACE-TO-FACE CONSULTATIONS, TELECONSULTATIONS, MESSAGING SERVICES OR ANY OTHER SERVICE REQUESTED AT THE PATIENT'S REQUEST ARE NOT EMERGENCY SERVICES. IN THE EVENT OF AN EMERGENCY, THE USER MUST CALL 112 OR GO TO AN EMERGENCY SERVICE.

1. Definitions

For a better understanding, it is important to clarify some of the terms we are going to use in this document, namely:

• "Site": we refer to our DocBay platform, the website available at <www.docbay.com>.
• "Apps": we refer to our mobile applications, available in the Google Store and Apple Store, for users whether they are patients or healthcare professionals.
• "Services": we refer to the services offered through our Website or mobile applications.
• "Clinic": this term is used to refer to all places where health care is provided, namely: doctor's surgeries, clinics, medical centres, private hospitals, among others.
• "User": refers to any person who accesses our Website or Apps and uses our services.
• "Healthcare Professional": This term refers to individuals such as doctors, dentists, physiotherapists, psychologists, nurses and other healthcare professionals who are listed on our site, regardless of whether they have created or verified their profile. These professionals may act independently or be associated with a Medical Centre, but under no circumstances are they considered DocBay employees.
• "Administrative": is considered to be any individual who, under their contractual relationship with the clinic where they are an employee, are not health professionals and have access to the DocBay platform, such as secretaries, assistants, coordinators and other support functions in the clinics;
• "Healthcare" means any and all health-related medical advice, including diagnosis, treatment, face-to-face consultation, video consultation, messaging chats, and any other services provided by healthcare professionals and/or Medical Centres. This care is never provided by DocBay.
• "User Account" means the User's personal space for private use, allowing them to use the Services using their access credentials.
• "Support" refers to the support provided by DocBay, whether by email, ticket system, ChatBot, telephone or even in person.

1. Who we are

Equação Perspicaz Unipessoal, Lda.. (DocBay), a private limited company, registered in Portugal under CAE 62010 - Atividades de programação informática, with NIPC 517565765, and registered office at Praça Conde de Agrolongo 123, Edifício GNRation U.F. de S. João do Souto e S. José de São Lázaro 4700-312 Braga, is the entity responsible for operating, managing and maintaining the <www.docbay.com> platform (Site), the DocBay Patiente and DocBay Pro applications available in the respective Apple and Play Stores.

1. Acceptance of Terms

To use the DocBay platform, the User must be at least 16 (sixteen) years old; otherwise, an authorised adult must contract the services on behalf of the minor. As for Healthcare Professionals, they must be legally authorised to contract with DocBay. By using our Site and Apps, i.e. the services provided by the DocBay platform, the User agrees to comply with and be bound by these Terms and Conditions. If you do not agree to any part of these terms, you must not use our Site or our services.

1. Changes to the Terms and Conditions

DocBay reserves the right to change these Terms and Conditions at any time. Any changes will be posted on our Site and will take effect immediately upon posting. It is the User's responsibility to regularly review the Terms and Conditions to be aware of any changes.

1. Intellectual property

All intellectual property rights, regardless of their nature and form, that can be protected globally are considered intellectual property. This includes copyright, designs, software, source codes, algorithms, brands, models, trade names and logos, domain names, inventions, patents and know-how, regardless of whether they are registered. In addition, they cover all modifications, updates, configurations, extensions and works related to these components. They also protect personality rights, such as the right to privacy and the right to an image.

1. Use of the Site and Services

The User undertakes to use the Site and services in accordance with the law and these Terms and Conditions. The User shall not use the Site or the services for any illegal or unauthorised purpose. The User undertakes not to:

• Make attempts to access and/or copy, in whole or in part, any source code of the DocBay platform.
• Carry out intrusion tests or attempt to carry out a denial of service attack on our Services.
• Resell, rent or commercially exploit the DocBay Platform to third parties without written agreement from DocBay;
• Reproduce, modify, extract, translate and adapt into any language or language, and/or incorporate DocBay into other software, regardless of the medium and support.

We offer a complete range of innovative and efficient services to meet the needs of appointment management, medical records, teleconsultations, messaging services and stock/inventory management. Each service has been carefully developed to provide an optimised and integrated experience, making everyday life easier for healthcare professionals and patients. Below are the actions that users can carry out for each service:

• 1. Docbay Patient Service

This service is made available through the DocBay Platform, in particular using the website www.docbay.com and the Docbay Patient App (available for iOS and Android, in the App Store and Google Play Store, respectively).

Through this service the Patient User can:

• Search and list availability for an appointment by speciality, name of the Healthcare Professional and by Location; it also allows access to the contact details of the Healthcare Professionals and/or the Clinics where they practice;
• After registering, you can book an appointment, a tele-consultation or subscribe to the messaging service. All consultations are carried out by healthcare professionals;
• Carry out the teleconsultation and/or messaging service with the selected healthcare professional;
• Receive messages or notifications to inform you of vacancies, or to receive reminders of upcoming appointments scheduled for the near future;
  1. DocBay Pro Service

This service is made available through the DocBay Platform, in particular using the website www.docbay.com and the Docbay Pro App (available for iOS and Android in the App Store and Google Play Store, respectively).

Administrators and healthcare professionals can use this service, after registering:

• Search for and list patients and appointments that have been booked;
• Create new user, administrative and healthcare professional accounts..;
• Set up the Clinic(s);
• Managing appointment scheduling;
• Carry out the teleconsultation and/or messaging service with the selected healthcare professional;
• Receive messages or notifications to inform you of vacancies, or to receive reminders of upcoming appointments scheduled for the near future;
  1. DocBay Teleconsultation Service

The Teleconsultation service allows teleconsultations with Healthcare Professionals to obtain consultations remotely or as a follow-up to face-to-face consultations. This service does not replace face-to-face consultations and must follow professional ethical standards to ensure rigour and appropriateness between healthcare professionals and patients.

The patient User, after duly registering, can:

• Participate in teleconsultations with your chosen healthcare professional or the one available at the clinic, if you don't have a preference.
• Send photographs for the healthcare professional to see, helping them to understand the problem described.

The Health Professional, after duly registering, can:

• Participate in teleconsultations with the Patient User who has subscribed to the teleconsultation package, with them or with the Clinic.
• Object to the service if you don't feel able to or find that there are no conditions to maintain the teleconsultation. You can advise a face-to-face consultation or refer the patient to a more appropriate hospital service.
  1. Docbox service

The Docbox service is used to enable conversations with Healthcare Professionals in order to obtain recommendations and advice, for any queries you may have regarding a medical condition or as a follow-up to face-to-face consultations. This service should not be used to replace face-to-face consultations, and should be governed by standards of professional ethics in order to ensure maximum rigour and appropriateness between healthcare professionals and patients.

The patient User, after duly registering, can:

• participate in conversations with the health professional you have chosen or who is available at the clinic, if you do not have a preference for the Health Professional;
• send photographs for the healthcare professional to see in order to understand the problem described;

The Health Professional, after duly registering, can:

• participate in conversations with the Patient User who has subscribed to the message package, with him or her or with the Clinic;
• Object to the service if they do not feel able to or find that there are no conditions for having or maintaining conversations via messages from this service. It may even advise a face-to-face consultation or that the patient User goes to a more appropriate hospital service.
  1. Smart Inventory Service

This service provides an intelligent inventory and stock management system via the si.docbay.com website. Administrators who use this service can, after registering:

• Managing and listing products and stocks;
• Managing and listing orders;
• Print reports;
• See statistics.

1. DocBay's rights and obligations

• Rights:
  • DocBay reserves the right to modify, suspend or discontinue the Site or services, in whole or in part, at any time and without prior notice. However, we will endeavour to provide all Users and Healthcare Professionals with prior notice.
  • We may confirm your identity and the information you provide, and suspend your access to our services if we detect false information or misuse.
• Obligations:
  • DocBay undertakes to use its best endeavours to ensure the availability and operation of the Site and services, but does not guarantee that the Site or services will always be available or error-free.
  • Docbay will endeavour to maintain data privacy and security to protect personal data as well as the systems of the Docbay Platform and Apps.

1. Rights and Obligations of Users, Administrators and Health Professionals

• Rights:
  • The User has the right to access and use the Site and the services in accordance with these Terms and Conditions.
  • Users can and should exercise their rights under the General Data Protection Regulation;
  • The User may at any time, and of their own free will, stop using the Platform or Apps without any prejudice to face-to-face care at the clinics where they are a patient.
• Obligations:
  • The User undertakes to provide true, accurate and complete information when using the Website and the services, and to keep this information up to date.
  • Administrators and Health Professionals have a duty of confidentiality, as befits their roles;
  • Each and every User must comply with the rules described in these Terms and Conditions, and must not publish illegal content (e.g. violent, defamatory, racist, xenophobic, homophobic, sexual or any other content punishable by law);

1. Guarantees

Except as required by law, the Site and Apps, i.e. any of the Services, are provided "as is" without any warranties of any kind, whether statutory, express, implied or otherwise. All additional terms, warranties or conditions are excluded. There is no guarantee that the Site or Apps are free of viruses, errors, or are completely secure. Users are responsible for virus protection and the configuration of their own IT systems. The provider is not liable for any damage caused by viruses, cyber-attacks or other harmful content. Nor is it responsible for interruptions or failures of the Site, or the Apps, caused by the user's equipment or by third-party problems beyond its control.

1. Limitation of Liability

To the maximum extent permitted by applicable law, DocBay shall not be liable for any direct, indirect, incidental, consequential or punitive damages arising out of the use or inability to use the Site or the services.

1. Privacy and data protection
   1. Protection of personal data

At DocBay, we deeply value the protection of our customers' and employees' personal data. We are committed to strict compliance with the General Data Protection Regulation (GDPR), ensuring that users' rights are respected and protected.

Compliance with the GDPR: The GDPR establishes a set of rules aimed at protecting the personal data of European Union citizens. At DocBay, we ensure that all our practices comply with these standards, providing transparency and security in data processing.

Users' rights: We recognise and respect users' rights, including the right of access, rectification, erasure, restriction of processing, data portability and opposition. We are always available to answer any questions or requests related to your personal data.

Cybersecurity measures: In order to guarantee the security of personal data, we have implemented various cybersecurity measures, such as:

• Data encryption: We use advanced encryption technologies to protect data during transmission and storage.
• Access control: Only authorised personnel have access to personal data, minimising the risk of unauthorised access.
• Continuous monitoring: We carry out continuous monitoring of our systems to identify and respond quickly to any threats or vulnerabilities.
• Training and Awareness Raising: We promote the continuous training of our employees on the best security and data protection practices.

What You Can Do to Guarantee the Security of Your Data:

• Use Strong Passwords: Create complex and unique passwords for your accounts.
• Update your system: Always keep your device, operating system, browsers and antivirus updated to help protect against vulnerabilities.
• Be aware of phishing attacks, so you should pay the utmost attention to suspicious emails and messages that may try to obtain your personal data.

At DOCBAY, the protection of your personal data is a priority. We are committed to ensuring your security and privacy in all our operations.

• 1. Privacy Policy

If a healthcare professional, who has not contracted any services with DocBay, wishes to remove their data from our platform, even though it has been collected from public repositories on the internet, they should contact us at dpo@docbay.com so that we can remove the records at their request.

DocBay's Privacy Policy has been drawn up in its own document and can be consulted at: <www.docbay.com/politica-privacidade>.

• 1. Cookie policy

We use cookies on our website to improve your browsing experience, analyse site usage and personalise content. Cookies are small data files stored on your device. You can manage cookies by restricting or blocking them through your browser settings or by using specific tools for this purpose. Please note that deactivating cookies may affect the functionality of the website.

DocBay's Cookie Policy has been drawn up in its own document and can be consulted at: <www.docbay.com/politica-cookies>.

1. Contact

The User can contact us by email for each of the following situations:

• If you have any questions or queries about these Terms and Conditions, please contact us at info@docbay.com;
• If you need support, you can contact us at help@docbay.com.
• For questions relating to the protection of personal data, in particular to make use of your rights, please send an email to dpo@docbay.com.

1. Applicable Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Portugal. Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the Portuguese courts. Any dispute or claim arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Braga.