Terms of Use

Last update March, 15 2019

Terms Acceptance

  1. If the amounts owed to the LICENSOR are not paid by the LICENSEE in accordance with the established deadlines, the LICENSEE will be subjected to the payment of the amount in arrears plus a 2% (two percent) default penalty, as well as interest at the rate of 1% (one per month) and monetary restatement based on the variation of the IPCA index, occurring from the due date to the date of actual payment, calculated pro rata die.
  2. By using VARSTATION, even if partially or as a test, LICENSEE will be bound by the terms of this Term, agreeing to its provisions, especially with regard to ACCESS, COLLECTION, USE, STORAGE, TREATMENT AND INFORMATION PROTECTION TECHNIQUES OF THE LICENSED BY THE LICENSOR, necessary for the full execution of the features offered by VARSTATION. In case of disagreement with the terms presented herein, the use of VARSTATION must be immediately interrupted by the LICENSEE.

    Registration

  3. In order to use VARSTATION the LICENSEE must register in the site, indicating their personal data and other specific data requested. After registration, the LICENSEE must adhere to this Term, otherwise it is not possible to use VARSTATION.
  4. In the event of incorrect, untrue or unconfirmed information, as well as in the event that the LICENSEE refuses to correct them or send documentation proving the correction, the LICENSOR reserves the right not to complete the current registration or to block the existing registry, preventing the LICENSEE from using VARSTATION until, at the LICENSOR's discretion, the anomaly situation is regularized. The LICENSOR reserves the right to prevent, at its discretion, new REGISTRATIONS, or to cancel those already effected, in the event of an anomaly being detected that, in their analysis, is very serious or demonstrates a deliberate attempt to circumvent the rules described herein, which are mandatory for all LICENSED.
  5. Once the REGISTRATION has been successfully completed, the LICENSEE will have access to the services through login and password, which are personal and non-transferable, and the LICENSEE undertakes not to disclose them to third parties, being under their sole responsibility any request of service that is done with the use of login and password of their ownership.
  6. The LICENSEE is also responsible for notifying the LICENSOR as soon as possible of any unauthorized use of his password, account or any breach of security.

    Use license

  7. This Agreement grants to the LICENSEE temporary license (for the term of this Term), onerous, non-exclusive and non-transferable for the use of VARSTATION, which does not include or assign to the LICENSEE any right other than those expressly set out in this Term. The LICENSEE is aware that the use of VARSTATION will be through the Platform contained in the link: https://varstation.com/, as well as all its subdomains, composed by: (i) Mobile application: that can be used by registered users in the platform, through their mobile phones and by downloading the application available for mobile operating systems iOS and Android; (ii) Platform for analysis of variants: through the Web application, which can be used by registered users in the system; (iii) Basis of variants: through the Web application, for visualization of its base of genetic variants exclusive of the LICENSEE account;
  8. LICENSEE shall not sell, assign, engage, mortgage, lease, transfer, sublicense, or otherwise encumber VARSTATION or this Term. Under no circumstances is it permissible for the LICENSEE or third parties to reverse engineer, decompile or disassemble the VARSTATION, under penalty of immediate revocation of the license, without prejudice to the adoption of legal measures, civil and criminal, by LICENSOR.

    Price and payment methods

  9. For testing purposes, the use of VARSTATION is free for 90 (ninety) days counted from the first use, with the right to the processing of 50 (fifty) genetic test samples. From the first day after the deadline has expired or the number of processed samples is exceeded, the utilization starts being charged in accordance with the Licensing Package ("Package") chosen by the LICENSEE. The Licensing Package is charged monthly, and its amount varies according to the number of samples processed by the system.
  10. The amounts of the Packages may be readjusted by the LICENSOR every 12 (twelve) months, using the IGPM/FGV inflation index, or any other that may replace it. Both the LICENSOR and the LICENSEE will assume the taxes of their respective legal liabilities, incurred by virtue of this Term. A MONTHLY PAYMENT owed by the LICENSEE using the VARSTATION platform is generated, according to the plan chosen by the LICENSEE at the time of registration and the number of genetic samples processed in the platform.
  11. Payments owed by the LICENSEE will be made by bank slip. The LICENSOR shall forward the bank slip, accompanied by an Invoice or corresponding Invoice, to the LICENSEE, to the address indicated in the registration data of the latter in the system, at least 10 (ten) days prior to the expiration date. In case of delay in delivery of the bank slip and the Invoice, payment will be extended for an equal period of delay, without any liens or penalties for either party.
  12. If the amounts owed to the LICENSOR are not paid by the LICENSEE in accordance with the established deadlines, the LICENSEE will be subjected to the payment of the amount in arrears plus a 2% (two percent) default penalty, as well as interest at the rate of 1% (one per month) and monetary restatement based on the variation of the IPCA index, occurring from the due date to the date of actual payment, calculated pro rata die.

    Obligations of the Licensor

  13. Notwithstanding the other provisions of this Agreement, constitute obligations and responsibilities of the LICENSOR: (i) to allow access to VARSTATION by the LICENSEE, with full compliance with the provisions of this Term and in strict accordance with the provisions of the applicable legislation; (ii) to provide support service for the use of VARSTATION, providing the LICENSEE with clarifications and information for use; (iii) to issue the billing documents relating to the use of VARSTATION.

    Licensee Obligations

  14. Notwithstanding the other provisions of this Agreement and the applicable legal nature of use set forth herein, are LICENSED obligations: (i) make payments in accordance with the provisions of this Agreement; (ii) provide access to the VARSTATION interface, providing internet connection, hardware and software technology compatible with the requirements indicated by LICENSOR for proper use of VARSTATION. LICENSOR is not responsible for the compatibility of VARSTATION with other market softwares acquired by the LICENSEE, which shall guarantee, under its sole responsibility and cost, the compatibility of VARSTATION with its equipment and programs.
  15. The LICENSEE agrees to be responsible for its own conduct and for all the content that it inserts in the VARSTATION during the use and by all the consequences of them. By way of example, and not as a limitation, LICENSEE agrees that by using VARSTATION or its Content, it will not: (i) defame, offend, harass, persecute, threaten or otherwise violate the legal rights (the rights of privacy and publicity, for example) of third parties; (ii) upload, post, email, transmit or disclose any inappropriate, defamatory, obscene or illegal content; (iii) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any third party; (iv) upload, post, email, transmit or otherwise make available any other content, message or communication prohibited by applicable law, the Terms or any applicable policy or guideline; (v) assume the identity of another person or entity, or falsify or exclude any attribution of author or designation of origin owner or label or source of Content, software or other material; (vi) restrict or prevent another LICENSEE from using or enjoying the LICENSOR's Products or services; (vii) use any robot, crawler, site search / retrieval application, or other device to retrieve or index any portion of LICENSOR's Services or Content or to collect LICENSEE information for any unauthorized purpose; (viii) promote injury or physical harm to any group or individual; (ix) transmit viruses, worms, defects, Trojan or any item of a destructive nature.

    Suspension of License

  16. The LICENSOR shall immediately suspend the LICENSEE's access to VARSTATION, without notice, if they find violation of any provision in this term or in the applicable law, only restoring the access when and if the breach is remedied, and without the responsibility to take the necessary measures in order to guarantee the defense of their rights, which might have been violated, at any time and at their sole discretion. Suspension of access will occur until the LICENSEE repays the outstanding amounts, and the LICENSOR is entitled to take judicial and extrajudicial measures in order to fully receive them.
  17. In the event of suspension of the LICENSEE's access to VARSTATION, the LICENSOR shall keep the LICENSEE's information stored in VARSTATION for a non-extendable period of 30 (thirty) days, counted from the date of suspension. During this period, the LICENSOR may request the LICENSEE's stored information, which will be made available by e-mail as a CSV file containing all the information provided by the LICENSEE and stored in VARSTATION.
  18. Once the 30 (thirty) days period indicated in the above clause has been completed, all the LICENSEE’s information, including but not limited to personal information, user account information and sample registration inserted in VARSTATION will be permanently deleted from the LICENSOR’s database, whether or not they were extracted by the LICENSEE.
  19. In spite of the aforementioned, information regarding date and time of access and the internet protocol address used by the LICENSEE to access VARSTATION shall remain stored by the LICENSOR for a period of 6 (months) from the date of each access, irrespective of the termination of the agreement between the Parties, in compliance with the provisions of Article 15 of the Brazilian Law Number 12.965/2014, and may be stored for a longer period if so indicated by judicial order.

    Confidentiality

  20. The parties are obliged to maintain the confidentiality of the information provided or obtained with the other, whether classified as “confidential information” or not, including information on registration, trade or other information obtained through this contract, which is the exclusive property of the discloser, responding to the violating, when there is a breach or disclosure thereof for damages, which will be verified in the proper process. This obligation shall remain in force for a period of ten (10) years after the end of this Term.

    Intellectual Property

  21. By using VARSTATION, LICENSEE acknowledges that LICENSOR is the owner of all intellectual property rights and copyrights, information and contents relating to or arising from VARSTATION, as well as the rights to its name, acronyms, abbreviations, trademarks, logos and domain names of the licenses, object of this instrument. LICENSOR warrants that it has the right and authority to grant the license to use hereby established to the LICENSEE, under the terms and conditions set forth in this Agreement. The LICENSEE does not acquire any rights over or related to VARSTATION or any component thereof, other than the rights expressly licensed under this Agreement, or such other term as may be mutually agreed in writing between the Parties. Any rights not expressly granted are reserved exclusively to LICENSOR.
  22. The LICENSEE may not use the name of the LICENSOR, its logos and trademarks for promotional purposes in any type of media, technical event or in print and similar, subject to the penalties imposed, being they criminal and civil.

    Effectiveness

  23. The present Term shall enter into force on the date of acceptance by the LICENSEE and shall remain in force for a period of twelve (12) months, counted immediately after the test period mentioned in clause 6 of this Term, being automatically extended by equal periods in a continuous and successive manner.
  24. This Agreement may be terminated by any of the Parties, without just cause, and this shall remove any existing debts and / or eventual damages arising from the misuse of VARSTATION. If the LICENSEE terminates the term during the testing period, there will be no charge, provided that the Terms are respected.
  25. This Agreement may be terminated in its entirety, without notice, by either Parties, and subject to the adoption of measures by the injured party, in case of: (i) breach of any of its clauses; (ii) unauthorized assignment of the rights here provided by the LICENSEE; (iii) insolvency, bankruptcy, judicial or extrajudicial recovery, or liquidation of any of the Parties.
  26. Once the contractual relationship is terminated, for any reason, LICENSEE will, regardless of the sending of any notification to this effect, be automatically prevented from using, in any way, the VARSTATION and any of its functionalities, whose use and access will be interrupted immediately , without, therefore, any kind of payment, fine or indemnity being due in favor of the LICENSEE.

    Disclaimer of Liability

  27. LICENSOR is not responsible for: (i) failure of operations resulting from acts committed by unauthorized persons or any other cause in which there is no proven fault of the LICENSOR; (ii) problems defined as "fortuitous event" or "force majeure", contemplated by Article 393 of the Brazilian Civil Code; (iii) problems defined as "fortuitous event" or "force majeure", contemplated by Article 393 of the Brazilian Civil Code; (iv) any problems arising from actions of third parties that may interfere with the quality of VARSTATION execution; (v) damages caused to third parties due to content generated by the LICENSOR through VARSTATION; (vi) review the information provided by the LICENSEE; (vii) any legal infractions committed by the LICENSEE, of a fiscal, tax, labor, social security or criminal nature, or any other nature.

    General provisions / Statements

  28. Notices, communications or information between LICENSOR and LICENSEE shall be made in writing and forwarded to the address indicated in the registration made on VARSTATION, unless otherwise indicated in writing with prior notice at least 10 (ten) days in advance.
  29. The tolerance or compromise in the fulfillment of the obligations stated in this Term shall not constitute novation, renunciation or modification of the agreement, being agreed for all legal purposes that the fact will be of mere freedom and that the Parties renounce to invoke them for their benefit.
  30. Neither Party shall be liable for noncompliance with their contractual obligations as a consequence of unforeseeable circumstances or force majeure, pursuant to the Article 393 of the Brazilian Civil Code, and, for this purpose, shall notify the other Party immediately of such occurrence and report the harmful effects of the event. Once a fortuitous or force majeure event occurs, the obligations that the Parties are prevented from complying with, subject to the provisions of item "Price and Forms of Payment" above, shall remain suspended for as long as the event endures.
  31. The LICENSEE is forbidden to carry out the assignment, entirely or in part, of the rights and obligations arising from this Term, without the prior and express authorization of the LICENSOR.
  32. Since Computer Programs are constantly evolving systems, deserving constant improvements and upgrades, VARSTATION also presents the same characteristics, which is why it is not a ready and finished product in itself, presenting gaps and possible inaccuracies , which will be cured in the next evolution of the system, through specific and relevant development. If there is any inconsistency in VARSTATION, the LICENSEE shall notify the LICENSOR immediately so that the relevant analysis and diagnosis of the inconsistency in question and its correction is possible, where applicable.
  33. The relationship established between the Parties does not create any corporate, labor or any other type other than the licensing relationship between the Parties and their employees, agents and personnel linked any way.
  34. Any tolerance of the Parties regarding the fulfillment of the obligations set forth in this instrument does not matter in novation, remaining in full the clauses and conditions of this agreement.
  35. The Forum of the District of the Capital of the State of São Paulo is hereby elected, with the express waiver of any other, however privileged, as competent to resolve any doubts arising from this Term.

Varstation fosters the growth of precision medicine, enabling professionals, laboratories, hospitals and research centers to manage complex genetic data and provide accurate results for diagnosis and treatment.

Terms of Use and Privacy Policy
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In accordance with regulatory

Aprovado pelas entidades regulatórias ACMG e CAP Compliance