Estes termos de utilização são aplicados a utilizadores da plataforma.
These Terms of Use govern the use of the platform www.uphillhealth.com (hereinafter the “Platform”). To subscribe to the UpHill services (hereinafter the “Services”) provided by UpHill, S.A. (hereinafter “UpHill”) through the Platform, please use the appropriate options in the Platform interface.
1. Acceptance of these Terms of Use
The use of the Platform is subject to the following general terms of use (the “Terms of Use”). By accessing, using, or registering to use the Platform, the Services and/or any content contained therein, you are bound by these Terms of Use.
2. Description of the Services
When using the Services, the user will have access to a clinical decision-support tool created based on interactive clinical algorithms that are based on scientific evidence — referenced within them — of the highest quality and available at the time of their development and which seek to disseminate these practices in the treatment, planning, and follow-up of healthcare, through defined clinical pathways with the purpose of optimizing clinical care for patients.
To access the Services you must, firstly, register on the Platform and, secondly, log in with your username and password. Alternatively, if the institution through which you access has made single sign-on available, you may create/access the Services using the institutional account. These services may also, under specific conditions, be made available through other types of API (Application Programming Interface) interfaces or incorporated into other platforms, always when expressly authorized by UpHill.
If you do not work for an institution that has contracted the Services and you are a healthcare provider, in addition to accepting these Terms of Use you will also have to accept the terms and conditions explained further below on this page.
3. Use of the Software
The software used on the Platform, the algorithms developed through it or any material related to it or to the software, are protected by UpHill’s copyright. Any use, reproduction or redistribution of the software and the algorithms — and their attributes or functionalities — used on the Platform is prohibited, unless explicitly authorized or contractually agreed with the client.
4. Use of Materials and Content Published on the Platform
COPYRIGHT
All content inserted on the Platform, including, but not limited to, text, graphics or code, is protected by copyright or related rights to copyright and is the property of UpHill (“Content”).
Any use of the Content for purposes such as, including, but not limited to copying, printing, scrapping, distribution, display, transmission or reproduction of the Platform’s content for commercial purposes is strictly prohibited, except if prior written authorization is obtained from UpHill for such reproduction and/or exploitation. An exception applies to content that is contractually agreed to be owned by the UpHill client, in which case the reference to such ownership will be clearly indicated on the Platform. In that scenario, the copyright provisions in force in the UpHill client institution will also apply.
INDUSTRIAL PROPERTY
All trademarks, logos, designs and trade names of UpHill used on the Platform (including, but not limited to, the name, logo and trademark of UpHill) are exclusive industrial property rights of UpHill.
5. Updates and/or Changes to the Terms of Use and Inaccuracies of the Contents
The Terms of Use may be updated, modified or deleted at any time and without prior notice.
Accordingly, when using the Platform, the user must review the Terms of Use in force, which are binding. If you have comments or questions about the Terms of Use, please contact UpHill through the available means, namely by email at support@uphill.pt.
The Contents included on the Platform may contain technical inaccuracies or typographical errors, and UpHill shall not be responsible for any inaccuracies or technical errors contained in the Contents.
6. Confidentiality
The user may obtain access, through the Platform (for example, by contacting UpHill to clarify questions), to certain confidential information, including, without limitation, technical information, contractual information, UpHill services, marketing information and other information that should reasonably be understood as confidential (“Confidential Information”).
The user may not disclose any Confidential Information during the period of five (5) years after the date of access. After the use of the Confidential Information, the user is prevented from using such information and must return it to UpHill or destroy it. Likewise, the user is also prevented from using the Confidential Information made available by UpHill within the scope of a contract or subscription to the Services after the termination of the contractual relationship established with the user. This Confidentiality clause does not apply: (a) in the case that the user already possessed the Confidential Information without the obligation to keep it confidential; (b) if the Confidential Information becomes generally known to the public and the user has no legal duty to keep the Confidential Information secret; (c) if the user independently developed similar information without the use of Confidential Information; or (d) if the user is required to disclose the Confidential Information under the authority of a court or other competent authority or by legal requirement, in which case the user must immediately inform UpHill, sharing the relevant documentation, if permitted by law, in order to allow UpHill to take the appropriate measures.
7. Privacy Policy
The Privacy Policy disclosed on the Platform informs you about the collection, processing and use of your personal data collected through the Platform, namely when you register on the Platform or when you contact UpHill to clarify questions. For more details, please consult our Privacy Policy.
8. User Information
When using the Platform, the user agrees to provide accurate and complete personal information during registration and to keep the data updated. The user is responsible for maintaining the confidentiality of their password and username used to access their account. UpHill may delete the accounts or access rights of users who have provided inaccurate or incomplete information during registration or who do not comply with these terms.
9. Security Violations
The user may not access the Platform or any content included therein in order to violate the security or integrity of any network, computer or communications system, software application or computing device. The user may also not access or use the Platform to make or attempt to make network connections with any other users, hosts or networks unless they have permission to communicate with them. This includes, without limitation, denial-of-service attacks, interference with a system, including any deliberate attempt to overload a system by sending excessive emails, broadcast attacks or flooding techniques, operating network services such as open proxies, open email servers or open recursive domain name servers and using manual or electronic means to avoid any usage limitations placed on a system, such as access and storage restrictions. UpHill may report to the competent authorities any suspected illegal activity by the user. UpHill may also cooperate with the competent authorities to assist in the investigation and prosecution of certain illegal conduct by providing network and system information related to alleged violations of these Terms of Use.
10. User Communications
The content made available on the Platform by the user may not include offensive, indecent, threatening, privacy-invasive or publicity-rights-infringing language, abusive or illegal language, or language that may otherwise contribute to an unlawful act or violate the rights of any person. UpHill bears no responsibility related to the content transmitted by the user on the Platform. Any material published on this Platform that, in the opinion of UpHill, violates the rights of third parties or is considered offensive will be removed and the user’s account may, at the discretion of UpHill, be deleted or suspended.
11. Links to Third-Party Websites
UpHill bears no responsibility for the links and contents of third-party websites made available on the Platform. If the user decides to access any of the third-party websites made available on this Platform that contain unlawful or illegal content provided by those third parties, the user will do so entirely at their own risk.
12. Limitation of Civil Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL UPHILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, INABILITY TO USE THIS PLATFORM, ANY WEBSITES LINKED TO THIS PLATFORM, OR ANY CONTENT CONTAINED ON THE PLATFORM, FOR REASONS NOT ATTRIBUTABLE TO IT.
13. Jurisdiction and Applicable Law
The Terms of Use are governed by Portuguese law and any dispute arising in relation to them shall be resolved by the judicial court of the district of Lisbon, in Portugal.