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Terms of UsePrivacy Policy

Terms of Use

Last updated: May 1, 2026

TERMS AND CONDITIONS OF USE | NIVEE

These Terms and Conditions of Use and Services (hereinafter referred to as "Terms of Use") have been drafted in accordance with the provisions of Law No. 10.406/2002 (Brazilian Civil Code), Law No. 12.965/2014 (Brazilian Internet Civil Framework), Law No. 13.709/2018 (General Law on the Protection of Personal Data) and other relevant legislation.

These Terms of Use, together with our Privacy Policies, establish the rules and conditions that apply to access to and use of the products, services, and operations within the Platform. The products and services are provided by NIVEE BRASIL LTDA (referred to as "NIVEE").

Use of the Platform, as well as the contracting of our services, is subject to prior acceptance of these Terms of Use and Privacy Policies. Therefore, by reading and understanding these documents, the User confirms their understanding and acceptance of all the provisions contained herein.

NIVEE may modify these Terms and Conditions of Use at any time by notifying Users, to be sent to the registered email address or by posting a notice on the Platform itself. Use of the Platform after the modifications to the Terms and Conditions come into effect will constitute acceptance and agreement by the User to the new contractual terms.

If the User does not agree with the changes or modifications, they may request the cancellation of their Account at any time.

TO EXPRESS THEIR AGREEMENT WITH THESE TERMS OF USE, THE USER MUST CLICK ON “I ACCEPT”, ACCEPTING ALL THE RULES PROVIDED FOR THE USE OF THE PLATFORM. IF THE USER DOES NOT AGREE WITH THE TERMS OF USE, THEY MAY NOT ACCESS THE PLATFORM OR USE OUR SERVICES.

INTRODUCTION

NIVEE is an innovative digital platform whose mission is to offer, in a simple and intuitive way, the perfect physiotherapist or occupational therapist for your needs. Thus, with just a few clicks, the User can explore a variety of professionals, read reviews and schedule appointments to facilitate the necessary treatment.

IMPORTANT NOTICE — NIVEE DOES NOT PROVIDE MEDICAL SERVICES

NIVEE is an intermediation platform that connects patients to physiotherapists and occupational therapists duly registered with their respective professional councils (CREFITO/COFFITO in Brazil, or equivalent licensing bodies in other jurisdictions). NIVEE does not provide diagnoses, treatments, prescriptions, or medical, physiotherapy, or therapeutic advice of any kind. All content made available on the Platform — including exercise guidance, chat messages, and informational materials shared by professionals — does not replace consultation, examination, diagnosis, or treatment performed by a licensed professional in an appropriate clinical setting. In case of medical emergency or life-threatening situation, immediately call your local emergency services (911 in the United States; 192 SAMU / 193 Fire Department in Brazil) or go to the nearest healthcare facility. NIVEE is not an emergency service.

USER REGISTRATION

To access the NIVEE Platform, the User must complete their initial registration, providing: Full name, email and access password, address, telephone number and identity document. - The login and password created by the User are personal and non-transferable, and they are solely and exclusively responsible for keeping them secure and confidential, thus preventing the unauthorized use of their registration by third parties. - NIVEE is not responsible for any use of its applications using the User's access data and password. - The User agrees to provide truthful, complete, and up-to-date information, assuming civil and criminal liability for the authenticity of this information and undertaking to update the information provided in case of changes. - If NIVEE finds incorrect, untrue, or fraudulent data, it reserves the right to block the respective User's access, temporarily suspend it to verify the information, or cancel it if the irregularities are not remedied, without the right to compensation or redress for the User and without prejudice to applicable civil and criminal sanctions. - The User agrees to notify NIVEE immediately of any confirmed or suspected unauthorized use of their Account or of any confirmed or suspected security breaches, including loss, theft, or unauthorized disclosure of data and access password.

PAYMENT AND REFUND POLICIES

To contract the services of professionals available on the Platform, the User must purchase credits before scheduling sessions. Therefore, each credit purchased by the User will be converted into a single session, regardless of the duration or type of service provided during that session.

•Credits can be purchased individually or according to the plans available in the <insert> tab of the Platform. - Payment can be made via PIX or credit/debit card, with credits being made available in the Platform's virtual account after payment confirmation. - Credits purchased by the User will be stored in their account on the application and can be used to schedule appointments with any Professional who is active on the Platform. - After the scheduled session with the Professional, the corresponding credits will be automatically debited from the User's account. - If the User needs to cancel the session, they must inform the Professional at least 3 (three) hours in advance of the scheduled date. - Cancellations outside the timeframe stipulated above will not be refunded, and the credit will be considered used and debited from the User's account. - Purchased credits are valid for 60 (sixty) days from the date of purchase, so that if they are not used within this period, they will automatically expire and will not be refunded. - Credits are personal and non-transferable, and their sale to third parties is prohibited. - In the event of the User's death, the remaining credits may be used by a beneficiary previously registered on the Platform. After notification of death, the Beneficiary may use them during the validity period of the existing credits.

SOFTWARE LICENSE AND INTELLECTUAL AND INDUSTRIAL PROPERTY

By registering on the NIVEE Platform, we grant the User a temporary, revocable, non-exclusive and non-transferable license to use our digital platform and applications.

The User may not use or allow our software to be used for any purpose other than that provided for in these Terms of Use. The license granted should not be interpreted extensively, being considered restrictive to the services contracted when subscribing to the plan chosen by the User.

The User may not:

Copy, assign, sublicense, sell, lease, pledge, reproduce, donate, alienate in any way, transfer totally or partially, under any modality, free of charge or for consideration, temporarily or permanently, the software that is the subject of this Terms of Use, as well as its modules, parts, manuals and/or any information relating to the software;

Use the software for rental, time-sharing, subscription service, hosting, or outsourcing;

remove or modify any program mark or any notice of NIVEE's proprietary rights;

make the programs available to any third party for use in third-party business operations (unless such access is expressly permitted under the specific program license); or

To perform reverse engineering, decompilation and/or disassembly of the software.

Under no circumstances may the User access the software's source code, as it is the exclusive intellectual property of NIVEE.

The User agrees not to modify or invalidate any authorization/activation keys installed and operating in the Software.

The User is expressly prohibited from altering any functionalities of the Platform or accessing any part of it with the aim of creating a competing product or service, including one that contains characteristics, functions, and ideas similar to the NIVEE platform. The use of any device, software, or other instrument that allows interference with the site's activities and operations or that aims at unauthorized access to information or the database is also prohibited.

All intellectual and industrial property rights pertaining to the Platform and applications belong to NIVEE, whether such rights are registered or not. Therefore, Users agree to refrain from claiming or asserting such rights at any time as if they were their own.

NIVEE owns all rights to databases, content, images, software, domain name, programming, functionalities, design, and other features necessary for the Platform's operation, protected under applicable intellectual property and data protection laws.

Users are aware and agree that NIVEE is the sole and exclusive owner of all copyrights and intellectual property rights pertaining to the platform and applications, including domain name, programming, database, content, files, functionalities, design, and other features.

Unauthorized use of the NIVEE trade name, as well as our associated products and services, will be subject to legal consequences, given our exclusive ownership.

These Terms of Use do not entail the assignment or transfer to Users of any rights relating to the platform or any part of its content. However, Users are only able to browse the platform within the strict terms permitted in these Terms of Use.

We emphasize that any conduct that violates intellectual property laws, as well as applicable regulations and the express prohibitions included in these Terms of Use, will subject the agent to legal consequences, including compensation for any damage caused.

NIVEE'S OBLIGATIONS AND LIMITS OF LIABILITY

For the services provided, NIVEE undertakes to:

To provide the licenses and make the contracted system available, making every effort to ensure and develop its quality, committing to keep it available for use for at least 99% (ninety-nine percent) of the time each month;

Inform the User up to 24 hours in advance of any necessary interruptions for technical adjustments or maintenance that require more than 6 hours and may cause damage to the operability of the license provided, except in case of urgency;

To modify the specifications and/or characteristics of the licensed Software for improvement and/or error correction.

Provided that the User fulfills their obligations as outlined in the Contract and these Terms of Use, and provided there are no other factors that limit or prevent the full and complete provision of the contracted services, NIVEE has the technical and operational capacity to offer the SLA (Service Level Agreement) established in the table below for each calendar month related to User support services:

Support SLA

Technical Support

Monday to Friday, excluding holidays

7am to 8pm – Brasília time (UTC-3).

Through the opening of tickets on the platform.

For the purposes of these Terms, performance guarantee refers to Users' accessibility to the programs licensed and made available by NIVEE, and therefore will not be included in the calculation of the SLA.

Failure in the telecommunications services that the User will rely on to use the licensed program, whether in relation to any interruptions, signal losses and other problems;

User-related misconfigurations or server overload caused by improper configuration or use;

Interruptions necessary for technical adjustments or maintenance will be communicated 24 (twenty-four) hours in advance and will preferably take place during periods of low access to the platform;

Emergency interventions arising from the need to preserve the security of servers, equipment, products, and information, intended to prevent or stop the actions of "hackers," or intended to implement security fixes;

Suspension of the availability of licenses due to a decision by competent government authorities or due to the User's breach of clauses in these Terms of Use;

Failures caused by incompatibility between the licensed programs and any other programs or equipment used by the User;

Suspensions or interruptions resulting from acts, events or omissions attributable to third parties and beyond NIVEE's control;

Suspensions or interruptions resulting from unforeseen events or force majeure;

Suspensions or interruptions arising from extraordinary or unusual demands on the services covered by these Terms of Use that are not supported by NIVEE's infrastructure; and

Blocks resulting from actions incompatible with NIVEE's policies, as well as with Brazilian law.

In cases of urgency, understood as those that jeopardize the regular operation of the server where the “NIVEE” software is located, and those determined for security reasons arising from detected vulnerabilities, interruptions will occur without prior notice and should not exceed 2 (two) hours each.

NIVEE is not liable for losses and damages caused by the improper use of the Platform Services, excluding from NIVEE's liability the occurrence of acts of God and force majeure.

NIVEE is not liable for any damage, loss, or claim arising from failures, interruptions, delays, errors, omissions, or other limitations in the performance of services provided by suppliers such as AWS, Google Cloud, Apple, etc., including, but not limited to, delays in data transmission, data loss, system failures, service unavailability, bugs, or any other technical or operational issues that may affect the quality of services provided by NIVEE.

In the event that the User becomes aware of any failures or limitations in the performance of services provided by the aforementioned third parties, the User must immediately notify NIVEE, providing reasonable details about the nature of the problem. NIVEE will make commercially reasonable efforts to find a solution to the problem, provided that this clause does not guarantee that such a solution can be achieved in a timely manner.

USER OBLIGATIONS AND DUTIES

By contracting NIVEE's products and services, the User must:

Provide all data and information necessary for the execution of what is established in this instrument, as well as request in writing any need for its exclusion, accompanied by the respective justification;

Immediately notify NIVEE of any incident involving the provision of the contracted services, so that appropriate measures can be taken within a reasonable timeframe, in accordance with the priority schedule defined by the NIVEE technical team;

To provide accurate and up-to-date information about your health, medical conditions, treatment history, and any other relevant information that may influence your care;

Communicate clearly and promptly with the contracted professional, especially regarding scheduling sessions or providing feedback on treatments;

Promptly inform the contracted professional of any changes in your health condition or availability for sessions;

Be punctual with scheduled sessions, avoiding last-minute cancellations, except in cases of emergency;

To actively engage in treatment, following the guidelines and consciously participating in the proposed exercises and interventions.

The User is legally responsible for any act or omission during the provision of services, including any possible damages or injuries to the Professionals.

The User agrees to indemnify NIVEE for damages caused by the improper use of the system through the practice of an act that violates NIVEE's policies and/or current legislation.

TERM AND TERMINATION

These Terms of Use will remain in effect indefinitely.

The User may request termination of the Contract at any time via a ticket within the system.

The Parties may consider this Contract terminated by operation of law, regardless of judicial or extrajudicial notification, when:

If any breach of any obligation assumed under this Instrument occurs, provided that such breach cannot be remedied or, if remediable, is not remedied within 15 (fifteen) days from the date the breaching Party receives written notification from the injured Party, the breaching Party shall be liable for any losses and damages caused;

if either Party engages in acts considered illegal under Brazilian law that result in legal action that prevents or substantially affects the continued operation of this Contract.

CONFIDENTIALITY

During the term of this Agreement and these Terms of Use, NIVEE will maintain the strictest confidentiality regarding the User's Confidential Information, refraining from copying, reproducing, selling, assigning, licensing, commercializing, transferring or otherwise alienating, disclosing or disposing of such information to third parties, nor using it for any other purposes unrelated to the object of this Agreement.

The confidentiality obligation established in this Clause will remain in effect for a period of 5 (five) years after the end of the term of this Agreement.

The obligations established in this Clause do not apply to any information that:

that both Parties are aware of it before disclosure by the Disclosing Party;

be available to the public, regardless of actions taken by the Parties;

has been legitimately received from third parties, without any direct or indirect duty of confidentiality to the exposed Party;

whether independently developed by the Parties prior to or independent of disclosure;

be disclosed by the Parties with the prior written approval of the other Party; or

becomes subject to mandatory disclosure by virtue of law and/or regulation or order of a governmental authority (or arbitration tribunal) to that effect.

NIVEE will not be responsible for data and information breaches resulting from criminal or irregular actions by third parties (hackers) beyond the limits of technical predictability at the time they occur.

REGARDING COMPLIANCE WITH THE GENERAL DATA PROTECTION LAW:

NIVEE undertakes to, whenever applicable, act in accordance with the determinations of regulatory/supervisory bodies on the matter, especially Law No. 13.709/2018 (“General Data Protection Law”).

The software licensed by NIVEE allows the User to enter information for processing. Therefore, to the extent that this information may contain Personal Data, the Parties expressly agree that this instrument will apply as follows:

The User is responsible for the accuracy of their Personal Data; the legal bases, purposes and methods for exercising their rights;

NIVEE is responsible for preparing notifications (including data breach notifications) to data protection authorities, if necessary;

NIVEE defines the means of processing and is responsible for implementing the security measures guiding this instrument;

NIVEE also assumes the role of DATA OPERATOR.

NIVEE shall immediately inform the User of any breach of the User's Personal Data discovered by NIVEE.

NIVEE will adopt the necessary security measures to ensure that data storage is carried out securely and in accordance with best information security practices, as well as maintaining backup systems (security copies) in case recovery is necessary during the period stipulated in the Privacy Policies.

The data shared on the Platform and provided during consultations will be controlled and operated by the Professionals, who must guarantee the security and storage of the data, observing legal requirements and deadlines.

NIVEE will process the personal data to which it has access in accordance with the terms of the Privacy Policy available to the User(s) on its website: https://nivee.com.br/política-de-privacidade.

GENERAL PROVISIONS

The total or partial invalidity of any item of these Terms of Use shall not exempt the fulfillment of the obligation contained in the other items herein. The tolerance by either Party of any breach of the clauses and provisions contained in this Terms of Use and/or Privacy Policy, as well as the practice of any acts or procedures not expressly provided for, shall be considered a mere act of liberality, not constituting a precedent or contractual novation.

The tolerance by either Party regarding the requirement for the regular and timely fulfillment of the obligations of the other Party shall not constitute a waiver, alteration, modification, or novation of any of the rights or obligations established in this Instrument, constituting a mere act of freedom that shall not prevent the tolerant Party from demanding compliance from the other at any time. No waiver of the exercise of a right guaranteed in this Contract shall be valid, except if formalized in writing by the waiving Party.

The User may not assign or transfer the rights and obligations arising from the Contract without the prior written consent of NIVEE.

Without prejudice to the sanctions specifically addressed in this Instrument and in applicable civil and criminal law, the Party that infringes any of the clauses contained in these Terms of Use shall indemnify the other Party for the losses and damages caused.

These Terms of Use, as well as the use of the platform and applications of NIVEE services, shall be governed by the laws in force in the Federative Republic of Brazil, and the jurisdiction of the District of Santos/SP is hereby established as the competent jurisdiction to resolve any controversies or disagreements arising from them.

These Terms of Use will remain in effect from the moment Users register on the digital platform until their respective use, lasting as long as NIVEE provides this service.

These Terms of Use were updated on June 5, 2024.