1. Acceptance of Terms

Welcome to UPA Simulator ("Service", "Platform", "we", "us", or "our"). By accessing or using our medical simulation training platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and UPA Simulator.

2. Eligibility

You must meet the following criteria to use our Service:

• Be at least 18 years of age
• Be enrolled in or have completed medical education, or be a licensed medical professional
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

• You must provide accurate, current, and complete information during registration
• You must maintain and promptly update your account information
• Each account is for individual use only - account sharing is prohibited
• You may not create an account using a false identity or impersonate others

3.2 Account Security

• You are responsible for maintaining the confidentiality of your password
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• We are not liable for losses caused by unauthorized use of your account

3.3 Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Abuse or misuse the Service
• Fail to pay applicable fees

4. Subscription and Payment Terms

4.1 Free Trial

• New users may receive a 7-day free trial (subject to change)
• Trial requires valid payment method
• You will be charged automatically after trial ends unless you cancel
• One trial per user - abuse of trial system may result in account termination

4.2 Subscription Plans

• Monthly and annual subscription plans available
• Prices are displayed in Brazilian Reais (BRL) and subject to change
• Price changes apply to new subscriptions and renewals (30 days notice)
• Subscriptions automatically renew unless canceled

4.3 Payment Processing

• Payments processed securely through Stripe
• You authorize us to charge your payment method on recurring basis
• You must maintain valid payment information
• Failed payments may result in service suspension

4.4 Cancellation and Refunds

• Cancellation: You may cancel anytime through your account settings
• Effect: Service continues until end of current billing period
• No Refunds: Fees are non-refundable except as required by law
• Pro-rata Refunds: Not provided for partial months
• Exceptions: Refunds may be issued at our sole discretion for technical issues

4.5 Educational Institution Accounts

Special terms may apply for institutional licenses. Contact sales@upasimulator.com for institutional pricing.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service for:

• Personal educational and training purposes
• Medical education within your institution (if authorized)
• Skill development and assessment

5.2 Prohibited Conduct

You may NOT:

• Violate Laws: Use the Service for illegal purposes
• Clinical Use: Use simulations for actual patient care decisions
• Share Credentials: Share your account with others
• Circumvent Limits: Bypass usage limits or restrictions
• Reverse Engineer: Decompile, disassemble, or reverse engineer the Service
• Scrape Data: Use automated tools to extract data
• Interfere: Disrupt or burden our servers or networks
• Impersonate: Impersonate others or misrepresent affiliation
• Distribute Malware: Upload viruses or malicious code
• Harass: Harass, abuse, or harm others
• Commercial Resale: Resell or redistribute access to the Service

6. Intellectual Property Rights

6.1 Our Content

The Service and all content, features, and functionality are owned by UPA Simulator and protected by:

• Copyright laws (domestic and international)
• Trademark laws
• Trade secret laws
• Other intellectual property rights

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial educational purposes. This license does not include the right to:

• Copy, modify, or create derivative works
• Distribute, sell, or sublicense
• Use for commercial purposes
• Remove copyright or proprietary notices

6.3 User-Generated Content

If you create custom simulations or content (where applicable), you retain ownership but grant us a worldwide, royalty-free license to use, display, and distribute that content as part of the Service.

6.4 Trademarks

"UPA Simulator" and our logos are trademarks. You may not use our trademarks without prior written permission.

7. Educational Disclaimer

8. No Medical Advice or Warranties

8.1 Not Medical Advice

The Service provides simulated medical scenarios for educational purposes only. Nothing in the Service constitutes medical advice, diagnosis, or treatment recommendations.

8.2 Educational Accuracy

While we strive for medical accuracy, simulations may contain simplifications or limitations. Always verify information through authoritative medical sources and supervision.

8.3 AI-Generated Content

Our Service uses AI (OpenAI) to generate simulation content. AI-generated content may contain errors or inaccuracies. Always apply critical thinking and clinical judgment.

9. Disclaimers and Limitation of Liability

9.1 Service Provided "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or reliability of content

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPA SIMULATOR SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruptions or unavailability
• Errors or inaccuracies in content
• Unauthorized access to your data
• Third-party conduct or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR R$100, WHICHEVER IS GREATER.

9.3 Essential Purpose

These limitations apply even if a remedy fails its essential purpose. Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless UPA Simulator, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of applicable laws
• Your violation of third-party rights
• Clinical decisions influenced by the Service

11. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our privacy practices as described in the Privacy Policy.

We comply with LGPD (Brazil), GDPR (EU), and other applicable data protection laws.

12. Third-Party Services

The Service integrates with third-party services:

• Supabase: Authentication
• Stripe: Payment processing
• OpenAI: AI-generated content

Your use of third-party services is subject to their respective terms and policies. We are not responsible for third-party services or their availability.

13. Modifications to Service and Terms

13.1 Service Changes

We reserve the right to:

• Modify, suspend, or discontinue the Service at any time
• Add or remove features
• Change pricing (with notice)
• Impose usage limits

13.2 Terms Changes

We may update these Terms periodically. Material changes will be notified via:

• Email to your registered address
• Prominent notice on the platform
• In-app notification

Continued use after changes constitutes acceptance. If you don't agree to changes, you must stop using the Service and cancel your account.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Brazil, without regard to conflict of law principles.

14.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of courts in São Paulo, Brazil, for resolution of disputes.

14.3 Arbitration (Optional)

We may offer binding arbitration for certain disputes. Arbitration details will be provided separately if applicable.

14.4 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or representative proceedings.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and UPA Simulator.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

15.4 Assignment

You may not assign these Terms. We may assign our rights to any affiliate or successor.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, wars, pandemics, etc.).

15.6 Export Control

You agree to comply with all export and import laws when using the Service.

16. Contact Information

For questions about these Terms:

• Email: legal@upasimulator.com
• Support: support@upasimulator.com
• Address: [Company Address]

17. Acknowledgment

BY CLICKING "I ACCEPT" OR BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Termos de Serviço (Portuguese Summary)

Última Atualização: 2 de Janeiro de 2026

Resumo dos principais termos em português:

Aceitação e Elegibilidade

• Serviço destinado a profissionais e estudantes da área médica maiores de 18 anos
• Uso constitui aceitação destes termos

Assinatura e Pagamento

• Período de teste gratuito de 7 dias
• Renovação automática da assinatura
• Valores não reembolsáveis (exceto quando exigido por lei)
• Cancelamento possível a qualquer momento

Uso Aceitável

• PERMITIDO: Uso educacional e treinamento pessoal
• PROIBIDO: Uso clínico real, compartilhamento de conta, revenda

Aviso Educacional Importante

Esta plataforma é EXCLUSIVAMENTE EDUCACIONAL. NÃO use para decisões clínicas reais ou atendimento a pacientes.

Limitação de Responsabilidade

• Serviço fornecido "como está"
• Não garantimos precisão absoluta do conteúdo
• Responsabilidade limitada ao valor pago nos últimos 12 meses

Lei Aplicável

Estes termos são regidos pelas leis do Brasil. Foro: São Paulo, SP.

Contato

Dúvidas: legal@upasimulator.com