1. Acceptance of terms
By using QualiChart online and offline, you agree to accept the Terms of Service ("ToS"), provided by Biosoft – Sistemas Clínicas e Informação Científicas. The ToS may be updated periodically without prior notice.
If you represent a company or legal entity, you represent that you have the authority to accept these terms. The service is provided "as is" and Biosoft assumes no responsibility for the currency, deletion or failure to store user content.
You may not access the service for competitive benchmarking without Biosoft's prior written consent, nor if you are a direct competitor of QualiChart.
2. Your account
You represent that you are of legal age for binding contracts and are not barred from doing so under Brazilian law or other jurisdictions. Your use must not violate applicable laws, and you must be human (robot accounts are not permitted).
You agree to provide true, accurate, current and complete information upon registration. Biosoft may suspend or terminate your account if the information is false, incorrect, out of date or incomplete.
Registration data is subject to the Privacy Policy at /privacy-policy/.
You are responsible for maintaining the confidentiality of your password and account. Immediately notify Biosoft of any unauthorized use or breach of security. Biosoft is not responsible for losses arising from your failure to comply with this section.
3. Billing
In free mode, you pay no fees. Biosoft intends to maintain free access, but is exempt from the continued obligation in the event of sustainability problems. You will be informed and have the right to choose.
When choosing an advanced plan, you will pay corresponding fees and applicable taxes. The subscription automatically renews until you report an interruption. Cancel at least 30 days in advance to avoid being charged the next period.
All fees are non-refundable. There are no refunds or credits for partially used periods or service downgrades. If you upgrade the tier, the amount due is pro-rated based on days remaining in the billing cycle.
Biosoft may change rates from time to time, informing you in advance. If you do not accept the increase, you can close your account without liability for the new fee.
Service downgrade may result in loss of content or resources. Biosoft accepts no responsibility for any such loss. You can cancel at any time, with immediate effect. We do not offer refunds after cancellation.
4. Contents
All information, data, texts or materials ("Content") are the exclusive responsibility of whoever produced it. You, not Biosoft, are entirely responsible for the content you upload, post, send, transmit or otherwise make available through the Service.
Biosoft does not control the Content made available and does not guarantee its accuracy, integrity or applicability.
You agree not to use the Service to:
- Upload any Content that is unlawful, harmful, threatening, abusive, harassing, vulgar, obscene or defamatory
- Harm minors in any way
- Impersonate any person or entity, or falsely misrepresent your affiliation
- Upload Content that infringes on any patent, trademark, trade secret, copyright or other proprietary right of any third party
- Upload unsolicited advertising, promotional materials, spam or unauthorized solicitations
- Upload material containing software viruses or code designed to interrupt, destroy or limit functionality of systems
- Interfere with or disrupt the Service, servers or connected networks
- Violate any local, state, national or international law
5. Special warnings for international use
Recognizing the global nature of the Internet, you agree to comply with all applicable local, state, national or international rules and regulations regarding online conduct and use of the Service.
6. Compensation
You agree to indemnify and hold Biosoft and its agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to: (i) content you submit through the Service, (ii) your use of or access to the Service, (iii) your violation of the Terms of Service, or (iv) your violation of any rights of a third party.
7. No Resale Service
You agree not to reproduce, duplicate, copy, sell, exchange, resell or exploit for commercial purposes any part of the Service, unless you have an agreement with Biosoft that clearly grants you such right.
8. General usage and storage practices
You acknowledge that QualiChart may establish general practices and limits regarding use of the Service. Biosoft has no responsibility for the deletion or failure to store any Content transmitted through the service.
9. Service Modifications
Biosoft reserves the right at any time to temporarily or permanently modify the Service (or any part) with or without prior notice, if the modifications do not conflict with the contracted plan.
10. Marketing
You agree to be identified as a Biosoft customer and agree that Biosoft may refer to you by name, business name and trademark in QualiChart marketing reports and on the QualiChart website. You can revoke this permission at any time.
11. Termination and cancellation
You agree that QualiChart may terminate your account and access to the Service immediately and without notice in the event of: (a) violation of the Terms of Service, (b) law enforcement requests, (c) request by you to delete your account, (d) extended periods of inactivity, (e) engagement in illegal or fraudulent activities, and/or (f) failure to pay any fees due.
12. Advertiser relations
Your correspondence or transactions with advertisers found on the Service are restricted solely to you and the advertiser. QualiChart will not be responsible for any loss or damage arising from such trading.
13. Links
The Service may provide links to other sites on the Internet. Because QualiChart has no control over such sites, you acknowledge that QualiChart is not responsible for the availability of such external sites or resources.
14. QualiChart Proprietary Rights
You acknowledge that the Service and any necessary software contain proprietary information of Biosoft Sistemas Clínicas and Scientific Information, protected by intellectual property laws. QualiChart grants you a non-transferable and non-exclusive license to use the Service.
15. Disclaimer of warranties
YOU UNDERSTAND AND AGREE THAT YOU WILL USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QualiChart AND Biosoft EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND NOT EXPRESSED IN THIS TOS.
16. Limitation of liability
QualiChart AND Biosoft SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE.
17. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages. Therefore, some of the limitations in sections 15 and 16 may not apply to you.
18. Trademark Information
The QualiChart, QualiChartEAD brands and logos and Service brands, in addition to Biosoft logos, product and service names, are registered trademarks of Biosoft Informática Ltda.
19. General information
Agreement – The TOS constitute the entire agreement between you and QualiChart and regulate the use of the Service, replacing any previous agreement.
Choice of competent forum – The ToS will be governed by Brazilian laws. You and QualiChart agree to submit to the personal and exclusive jurisdiction of the courts located in the city of Belo Horizonte, state of Minas Gerais.
Prior notice and future changes – QualiChart may send you notices about changes to the TOS by email or website. Your continued use after modifications indicates acceptance of the modified Terms.
Statute of Limitations – Any claim arising out of use of the Service must be filed within one (1) year after such claim arose, or be forever barred.
Personal data protection
The processing of personal data must comply with the LGPD and the rights of the holder. For data sent by the website, see Privacy Policy. Requests can be sent to [email protected]; Complaints can also be directed to the ANPD. The specific conditions of treatment in the system must be considered together with the applicable contract.