Before accessing and using the services available on the web application, through the domain https://nutrium.com and/or its subdomains, and/or on the Nutrium mobile application, Professionals should carefully read these Terms and Conditions of Use (hereinafter, "Terms of Use"; "Terms"; "Conditions"; "Terms and Conditions"), which stipulate the terms under which Nutrium's service is used, and also define the rules of participation for Professionals registered with said service.

Title 1: General Conditions

1.1. Who are we?

HEALTHIUM - Healthcare Software Solutions, S.A., (henceforth, "Healthium") is dedicated to the development of cloud-based software, Nutrium, with connection to mobile applications, aimed at Nutrition Professionals and Clinics, which allows them to simplify their most complex tasks, such as the management and analysis of their clients' nutritional information, the planning, analysis and creation of meal plans and the direct and permanent monitoring of the Client. In addition to these features, the service's most distinctive characteristic is that it facilitates and improves the nutritional monitoring of the Client by their Nutrition Professional. Thus, through the Nutrium mobile application, at the end of each nutrition consultation, the Client will have their meal plan prescribed by the Professional available on their mobile device, which can be readjusted both in real time and at the next appointment.

In this way, Nutrium promotes, facilitates and simplifies the relationship between the Client and their Nutrition Professional, enabling:

  1. a) the Client, contact with a Nutrition Professional who will directly monitor their physical and nutritional progress and performance;
  2. b) the Professional, a tool capable of simplifying the most complex tasks, such as managing and analyzing their Client's nutritional information, planning, analyzing and creating dietary plans and direct and permanent monitoring of the Client.

1.2. Definition of Terms

"Software" shall mean the web and mobile applications developed by Healthium, the distribution and use of which is subject to these Terms of Use.

"Professional" shall mean anyone who, by any means, has access to the reserved Client and appointment management area via the web version of the software or the corresponding mobile application.

“Parties” shall mean Healthium and the Professional jointly, and the obligations and rights set out herein shall apply to both entities.

"Client" shall mean anyone who, by any means, has access to the mobile version of the software for nutritional monitoring or to the corresponding web version.

"Active Client" is a Client whose profile is edited directly by the Professional in a given month, in any of the sections of their Client Profile.

"Secretary" shall mean anyone who has, by any means, access to the restricted web version of the software made available by the Professional to that third party for the purposes of managing and scheduling their appointments and Clients.

"Payment Processing Entity" shall mean third-party entities, with no direct commercial connection to Healthium and the Nutrium service, which provide payment services and process payments for appointments between Clients and Professionals.

"Intellectual Property Rights" shall mean all rights relating to scientific works, inventions in all fields of human activity, scientific discoveries, designs, industrial models, industrial trademarks, commercial and service marks and protection against unfair competition, as well as all other rights inherent to intellectual activity in the industrial and scientific fields.

1.3. Conditions of Acceptance

Registration in the Nutrium mobile application and the provision of the service by Healthium is dependent on full acceptance of these conditions, and any Professional who does not agree or does not undertake to behave in accordance with them may not use said service.

There are additional policies and other agreements that integrate these Terms, providing supplementary clauses and conditions related to the specific services made available on the Nutrium Website. In this sense, for each individual who, in fact, is considered a Nutrium service Professional, it is assumed, at the time of registration or subsequently, that they have read and fully understood the following policies and agreements. These are intrinsically linked to these Terms and are expressly accepted:

Healthium reserves the right to change the Terms and Conditions (partially or totally) at any time, notifying the Professional in advance, with each new version of the Terms and Conditions coming into force after publication on the Nutrium website. By accepting these Terms and Conditions, users undertake to visit and study these terms regularly. Finally, Healthium also reserves the right to interrupt or even terminate the services at any time, if it deems it necessary, without prejudice to the return of amounts paid in advance by the Client pro-rata to the use of the services.

1.4. Binding to these Provisions

These provisions contractually bind the Professional to Healthium. As such, from the moment the Professional accepts these Terms, he/she is legally bound by its stipulations, agreeing to submit to the most current versions of these terms, the Privacy Policy and the Data Processing Agreement.

Professionals may withdraw their consent at any time, and it is certain that doing so will result in the revocation of this contract, and they will not be entitled to any compensation or return of amounts already paid, nor will they be allowed access to Nutrium, and their personal data will be deleted.

These provisions shall remain in force between the Parties for the duration of the contract, which shall be determined in accordance with the service contract agreed between the Parties.

1.5. Legal Capacity for Software Registration

In order to use the Nutrium software, the Professional must be eighteen years of age or older, if the legal age in force in their country is higher.

Therefore, by accessing, using or creating an account in the Nutrium software, the Professional guarantees that he/she has the legal capacity to carry out the legal acts of civil life, being fully aware of the legal sanctions provided for in the Civil Code.

1.6. Liability of the Professional

By accepting these Terms, the Professional undertakes to only adopt behavior that does not infringe the current legal system or in any way harm legally protected positions.

These Terms apply to all use of the application, whether in code, binary or any other form.

1.7. Registration

There is data that is considered indispensable for the regular fulfillment not only of the contractual relationship between the Professional and Healthium, within the scope of the provision of this service, but also of the pre-contractual relationship between the Client and the Professional that is formed with the appointment. Depending on the service, we may request the following registration data: full name, gender, country of residence, date of birth, email address and cell phone number. In addition, data and certificates attesting to the Professional's due registration with the relevant health regulatory authorities are required, where applicable.

When registering and using the software and services, Professionals must provide accurate, precise, and truthful information. Professionals also guarantee and are responsible, in any case, for the veracity, accuracy and authenticity of their personal data entered, and Healthium is not responsible for the veracity or correctness thereof.

Registrations are personal and non-transferable, and the holder is solely responsible for the actions taken with their registration. Only one registration may correspond to each Professional, and Healthium may cancel any subsequent registration made by the same individual.

Healthium shall not be held liable for any eventuality resulting from the Professional's inability to register. Healthium also undertakes to ensure that the services provided are offered and can be used without fail, but reserves the right to temporarily suspend its operations for technical reasons or causes beyond its control.

Title 2: Specific Terms of Use for Professionals

2.1. Terms of Service

By signing up and using the Nutrium software, namely through the online platform, Professionals will be subscribing to tools that will simplify their most complex tasks, such as planning, analyzing, and creating meal plans, nutritional calculations, managing and analyzing information, among others. In addition to these features, the service's most distinctive characteristic is that it facilitates and improves the nutritional monitoring of its clients - Nutrium Clients. Professionals are constantly connected to their clients, thus facilitating access to their progress and direct communication by message. This feature means that the Client can be monitored more closely, as it allows the Professional to change meal plans in real time, answer questions raised by the Client and schedule appointments.

2.2. Liability of the Professional

By accepting these Terms and Conditions, the Professional undertakes to only adopt behaviors that do not infringe the current legal system or in any way harm legally protected positions. In this regard, Professionals undertake to:

  • Respect our policies, the rights of third parties and any laws, such as the applicable Codes of Ethics;
  • Thoroughly follow European legislation on the protection of personal data, such as the General Data Protection Regulation, ensuring that clients and secretaries are provided with the appropriate information, consents and access to their rights;
  • Comply with the services requested;
  • Not transfer their account or access to third parties without our consent;
  • Not distribute or send spam, unsolicited electronic communications, or other types of harmful communications;
  • Not distribute viruses or any other technologies that may harm the Website, Healthium, or the interests of Clients (including their intellectual property rights, among others);
  • Not to publish or distribute content that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to any person;
  • Not to reproduce or incorporate any part of the platforms owned by Healthium on any other website without its prior written authorization;
  • Not attempt to modify, translate, adapt, edit, decompile or reverse engineer any services used or made available by us in connection with the services provided by Healthium;
  • Not to copy, modify or distribute rights or content from the Platforms or Healthium's copyrights and trademarks;
  • Not collect personal information about Clients without their consent and/or beyond what is strictly necessary for the provision of the services.

Healthium may close, suspend or limit, with immediate effect and without prior notice, access to the Professional's account and to the services whenever the stipulations identified above are violated.

2.3. Modalities of Subscription

Healthium offers different subscription plans with all the features offered by the mobile app and the web version. The content and monetary value of each subscription depends on the number of Active Clients per month and the subscription period.

Depending on the country and region, Professionals can opt for monthly or annual subscriptions, which must be combined with the desired number of clients, namely the option of “10 Active Clients” per month or “unlimited clients”.

By selecting the "10 Active Clients" option, the Professional assumes the exclusive and non-transferable role of activating and managing their clients. Therefore they acknowledge that any change to a Client's profile in various sections of the profile (e.g. the personal information section, the measurements section, the planning section, etc.) constitutes the activation of that Client as an Active Client for the current month.

With the arrival of each new month, the number of Active Clients under the Professional's responsibility is reset to zero, giving them the opportunity to readjust the clients they wish to activate during the following period. Through its web interface for professionals, the Healthium platform offers a tool for checking which clients have already been activated in the current month.

Once the maximum number of 10 Active Clients has been reached within a single month, the Professional is unable to activate new clients in that timeframe. However, they reserve the right to choose to subscribe to the unlimited customers mode at any time, in accordance with the additional terms and conditions established by Healthium.

2.4. Automatic Renewal of Subscription

Without prejudice to the Professional's objection, by accepting these Terms, the Professional accepts and agrees to the automatic renewal of his/her subscription, authorizing the appropriate amounts to be charged through the payment information previously made available.

Title 3: Payment System

3.1. General Conditions

Depending on the country, there may be a payment service between the Professional and the Client provided by a Payment Processing Entity, thus giving the Professional the possibility of using their accounts in these services to send links, emails and easy billing messages to their Clients and process the corresponding credit and debit card transactions and other payment methods.

By using these payment methods, the Professional agrees to the Terms and Conditions established by the Payment Processor. Healthium, and the Nutrium service, are not a party to these Terms and, accordingly, have no obligation or liability to you for any services the Payment Processor provides or additional amounts it charges you. If the Merchant has any related questions, he/she should contact the respective Payment Processor via its contact details.

The Professional is solely and exclusively responsible for all transactions, including refunds, cancellations and associated disputes, processed through Nutrium and/or the Payment Processor.

Accordingly, Healthium shall not be liable for any loss or damage resulting from erroneous or invalid transactions processed by the Professional or the Client. This includes transactions that were not processed due to network communication errors, or any other reason, including refusals of reimbursement by the Professional. If a transaction is carried out, it is the Professional's responsibility to check with the Payment Processor that it has been successful.

3.2. Preliminary Definitions

"Available balance" shall mean the monetary amounts in the Professional's Nutrium account that are available for withdrawal and movement;

"Pending balance" shall mean the amounts held captive - but already effectively paid to the Professional - because they are in a processing period, as defined in this article;

"Service fee" shall mean the fixed percentage charged by Healthium on each payment actually received in the Professional's Nutrium account, as defined in this article;

"Minimum withdrawal amount" shall mean the amount previously determined by Healthium from which the Professional may transfer his/her entire available Balance, as defined in this article;

"Withdrawal fee" shall mean the fixed amount charged by Healthium for each transfer of a certain amount of available Balance to a bank account defined by the Professional for this purpose, as defined in this article;

"Minimum payment" shall mean the minimum amount of charges allowed, as defined in this article;

3.3. Special conditions

The payment system has its own characteristics and operating mechanisms, and its use is not free of charge, entailing the payment of fees to Healthium under the terms set out below. By using this payment service, the Professional declares that he/she is aware of and agrees to the aforementioned values and service operating mechanisms.

The payment system implies valid registration with the Payment Processing Entity, so only after verification of the account by this entity can the Professional freely carry out transactions and withdraw their balance. This registration is the sole responsibility of the Professional and is mandatory for the use of the services described here and for the interconnection between the Nutrium account and the Professional's account with the respective Payment Processing Entity.

The use of the payment system allows the Professional to send payment requests to Clients and collect them. The use of these mechanisms is, however, subject to a minimum payment amount and the charging of a service fee for each payment actually received.

Once the amounts charged to the Client have been received, the amount in question will appear in the Professional's Nutrium account under the designation Pending balance until the transaction is confirmed, after which time it will become Available balance.

The Available Balance can be transferred to a bank account of the Professional's choice as soon as the Minimum Withdrawal Amount is reached, subject to a Withdrawal Fee. The Available Balance can only be kept in the account for a maximum of 90 days and must also be withdrawn when the Professional's Nutrium account is deleted.

Healthium does not charge any other fees for the use of this service, namely membership fees or monthly fees, however, ancillary fees may be payable in the event of disputes.

3.4. Disputes

A dispute occurs when a Client, holder of the card with which they paid the Professional, questions the legitimacy of the transaction with the card issuer, i.e. their bank.

In these cases, the issuer will trigger an automatic mechanism that immediately reverses the payment, returning the amount paid to the Client while the legitimacy of the dispute is analyzed and discussed between the Parties. Healthium therefore reserves the right to deduct and charge the Professional any amounts necessary to resolve the dispute. In this sense, when a dispute is opened, the amount of the payment, together with a dispute fee, will automatically be deducted from the balance of the Professional's account, and it will then be up to the Professional to submit to Healthium all the evidence necessary for the proper resolution of the dispute. Detailed information on dispute fees can be found on the Payment Processing Entities' pages.

By proceeding with this service, the Professional declares that he/she is aware of these terms and expressly accepts them.

Title 4: Final Provisions

4.1. Account Access Policy

Healthium reserves the right to prevent access and delete Professionals' accounts at any time, without prior written notice, in cases where the Professional offends or violates any of these Terms or the conditions contained in the Privacy Policy or the Data Processing Agreement, as well as in cases where there is an offense or violation of the rules of Civil Law.

Healthium reserves the right to prevent access and delete Professionals' accounts, with prior written notice of 30 days in the event of unjustified cases. In such cases, Healthium undertakes to adopt appropriate measures so as not to harm Professionals.

Professionals have the right to request the cancellation of their Healthium account through the contacts available on the Software itself. In the event of termination: (i) the Professional shall remain liable for all amounts owed to Healthium or to third parties; and (ii) Healthium shall verify any amounts legally owed to the Professional and undertakes to make the relevant payments in a timely manner.

4.2. Intellectual Property

The applications produced by Healthium are intellectual works protected by Intellectual Property Law and are protected by the applicable legislation, namely Decree-Law no. 252/94, of October 20, on the Legal Protection of Computer Services, as well as by Community Directives and International Treaties. Each of its component elements (such as design, texts, videos, music, graphics, images, information, applications, sounds, colors, logos, web page layout, applications and tools, among others) are the exclusive property of Healthium, which is the only one entitled to use the intellectual property rights of personality measured therein.

Any reproduction and/or full or partial representation, use, adaptation or modification of the applications or any of their component elements, on any medium whatsoever, or in any form whatsoever, for other purposes, including commercial purposes, is expressly prohibited.

4.3. Exclusion of Guarantees

The Professional expressly accepts that use of the software is at his/her own risk and is his/her sole responsibility.

The Professional declares and acknowledges that they are legally fit, able and authorized to provide nutrition consultations, and therefore cannot hold Healthium responsible for any errors arising from their participation in activities related to the provision of nutrition services.

Healthium does not provide any guarantee regarding: the correspondence of the software with the requirements of the Professionals; the absence of errors in the software; the reliability, timeliness or performance of the software.

No advice or information, whether oral or written, obtained by the Professional from Healthium or any third party associated with Healthium shall constitute a warranty not expressly referred to in these Terms of Use.

4.4. Limitation of Liability

The Professional expressly understands and agrees that Healthium cannot be held liable for any direct, indirect, incidental or special damages arising from the use of the software. Nor can Healthium be held liable for failure to comply with the obligations legally imposed on the Professional, namely those arising from the General Data Protection Regulation.

4.5. System Failures

The use of any device, software, or other resource that interferes with the activities and operations of Healthium and its software, Nutrium, is not permitted. Any intrusion, attempt, or activity that violates or contravenes intellectual property laws and/or the prohibitions stipulated in these Software Terms of Use, will render the responsible party liable to the relevant legal actions, as well as being liable for compensation for any damages caused.

Healthium shall not be liable for any damage, injury or loss to the Professional's equipment caused by system, server or Internet failures. Professionals may not hold Healthium liable or demand payment for loss of profit due to damage resulting from technical difficulties or system or Internet failures. Healthium does not guarantee continuous or uninterrupted access to and use of its application.

Occasionally, the system may not be available due to technical reasons or Internet failures, or any other circumstances beyond Healthium's control.

4.6. Notifications

Professionals agree to receive communications from Healthium, namely notifications related to the Nutrium service and software, including, by way of example, any changes to these Terms of Use, the Privacy Policy or the Data Processing Agreement, among other communications, to the email box associated with their registration or by any other form of communication that seems relevant, namely the address associated with their registration.

Professionals who wish to contact Healthium may do so through the means provided in the Software, by sending communications to the Nutrium support team's email inbox, or to Nutrium's address at Rua Andrade Corvo, 242, Room 106, postal code 4700-204, city of Braga.

4.7. Hyperlinks

The web and mobile applications may contain hyperlinks to other applications or websites over which Healthium has no control. The inclusion of hyperlinks to other applications or websites is for information purposes only, and Healthium is entirely unrelated to their content, services and/or products offered, and cannot be held responsible for their content.

4.8. Partial Invalidity

If any provision of the Terms and Conditions is held to be invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any way affect or render invalid or unenforceable the remaining provisions of the Terms and Conditions and enforcement of such provision shall be to the extent permitted by law.

4.9. Applicable Law and Jurisdiction

These Terms and Conditions of Use are subject to Portuguese law and for all matters arising therefrom the Parties elect the jurisdiction of the District Court of Braga.

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