Before accessing and using the services made available on the web application, through the domain https://nutrium.com and/or its subdomains, and/or on the Nutrium mobile application, the Client must carefully read these Terms and Conditions of Use (hereinafter, "Terms of Use"; "Terms"; "Conditions"; "Terms and Conditions"), which stipulate the terms under which the Nutrium service is used, also defining the rules of participation of Clients, registered in said service.
Healthium - Healthcare Software Solutions, S.A., (henceforth, "Healthium") is dedicated to developing nutrition software and services. Its mission is to make the world healthier by improving, educating, and influencing the relationship people have with nutrition through two complementary business verticals: a SaaS for nutrition professionals, and a nutritional wellness service for companies.
The first vertical, Nutrium SaaS, is a tool that allows these professionals to holistically manage their work, their clients, and their relationship with those clients, namely through a mobile application.
The second vertical, Nutrium Care, is the application of this network of nutritionists to promote well-being in companies, helping their employees to stay healthier, lose weight, improve mental and physical performance, and helping them to better manage and plan their weekly meals.
"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.
"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.
"Family Client" shall mean anyone who, by any means, has access to the mobile version of the software or the corresponding web version, through an invitation made within the scope of the Nutrium Care Family service.
"Adherent Entity" shall mean all legal entities that enter into a contract with Healthium for the provision of services within the scope of the Nutrium Care service.
"Full Payment" shall mean the payment method used by the Clients covered by the Nutrium Care Family service, in which they assume responsibility for the full payment of all expenses inherent to the service that is the object of the contract entered into.
"Copayment" shall mean the payment method used by Clients within the scope of the Nutrium Care service, in which both the Clients and the respective Adhering Entities share responsibility for the costs associated with the contract established, under the terms of the Nutrium Care service adherence contract signed between Healthium and the Partner Entity.
"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 the payment of consultations 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, 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.
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.
Thus, for each person who is effectively a Client of the Nutrium service, it is assumed, at the time of registration or at a later time, that they have read and fully understood the Terms and Conditions and the Privacy Policy that is inseparable from these terms, having expressly accepted both.
Healthium reserves the right to change the Terms and Conditions, in whole or in part, at any time, giving prior notice to Clients, with each new version of the Terms and Conditions coming into force after publication on the Nutrium website. If the Client does not agree with the changes, he/she may unilaterally revoke this contract and request the return of any amounts paid in advance pro-rata to the use of the services.
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.
These provisions contractually bind the Client to Healthium, corresponding to the remote conclusion of a contract for the provision of services. As such, from the moment they accept these Terms, the Client is legally bound by the stipulations contained herein and the stipulations of the Privacy Policy.
The Client has the right of withdrawal and may unilaterally cancel these Terms, without incurring costs or the need to provide justification, within 14 calendar days of accepting these Terms.
After this period, the Client may unilaterally revoke these Terms but will not be granted any right to compensation or any refund of sums already paid, nor will they be allowed access to Nutrium.
These provisions shall remain in force between the parties for the duration of the contract, which shall be determined according to the plan specifically subscribed to.
The Software's services are exclusively intended for people with the legal capacity to carry out legal acts in civil life. Access by incapacitated persons is subject to the submission of a consent form, including the full name, tax identification number and date of birth of the legal guardians, by email sent to Healthium's support team.
Therefore, by accessing, using, or creating an account on the Nutrium Software, the Client 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.
By accepting these Terms, the Client undertakes to only adopt behaviors that do not infringe the current legal order or in any way harm legally protected positions.
These Terms apply to all forms of use of the application, whether in code, binary or any other form.
The Client may access the service through three types of membership: membership of the Nutrium SaaS service, the Nutrium Care service, and the Nutrium Care Family service.
In the event that the Client is eligible for the Nutrium SaaS service, all the provisions of these Terms shall apply, with the exception of Title 3. If the Client is eligible for the Nutrium Care or Nutrium Care Family service, all provisions of these Terms shall apply, with the exception of Title 2.
There is data that is considered indispensable for the regular fulfillment not only of the contractual relationship between the Client and Healthium, in the context of the provision of this service, but also of the pre-contractual relationship between the Client and the Professional that is formed when the appointment is made. 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, as well as the company and department to which the Client is linked.
At the time of registration and during the use of the software and services, the Client must provide accurate, precise, and truthful information. Professionals and Clients 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 their veracity or correctness.
Registrations are personal and non-transferable, and the holder of the registration is solely responsible for the actions taken with their registration. Only one registration may correspond to each Client, and Healthium may cancel any subsequent registration made by the same individual.
Healthium is not responsible for any eventuality resulting from the Client's lack of capacity. Healthium 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.
By registering on the Nutrium mobile app, the Client will have direct access to the meal plans introduced by their Professional, and will also receive notifications about the list of foods advised by the Professional at the time stipulated. In addition to this functionality, the mobile app allows them to record data such as physical activity, weight, height, body mass index, the Client's daily food diary, and water intake, thus facilitating constant, real-time monitoring by the Professional, as they will be able to consult this information and update the food plan in line with their Client's progress. In addition to these features, there is also the possibility of confirming appointments and communicating directly with the professional via messages.
Depending on the country, there may be a payment service between the Professional and the Client provided by a Payment Processing Entity. By using these payment methods, the Client agrees to the Terms and Conditions established by their Nutrition Professional and the Payment Processing Entity, such as Stripe, whose terms can be found at https://www.stripe.com.
The Professional is solely and exclusively responsible for all transactions, including refunds, cancellations and associated disputes, processed through Nutrium and/or the Payment Processing Entity.
Accordingly, Healthium shall not be liable for any loss or damage resulting from erroneous or invalid transactions processed by the Professional. This includes transactions that were not processed due to network communication errors, or any other reason, including refusals to refund by the Professional. If the Client carries out a transaction, it is their responsibility to check with the Professional that it was successful.
Healthium has no influence on the relationship between the Client and the Professional. The Client's access to the Nutrium Software is subject to the approval of the respective Professional, who is also responsible for the continued use of the service.
Clients who are eligible for the Nutrium Care service receive a digital invitation to sign up to the application. Upon registration and, where applicable, subsequent payment, a binding legal relationship is established between Healthium and the Client.
If the type of service contracted with the Adhering Entity includes the Nutrium Care Family service, the eligible Client included in the scope of the Nutrium Care service has the possibility of inviting up to three new Clients, of their choice, to register with the Software, by sending a digital invitation, giving them the benefit of access to a free first consultation with a professional duly registered with this service.
Family Clients invited as part of the Nutrium Care Family service will receive a digital invitation to formalize their subscription to the application and, by registering and subsequently paying for the chosen subscription, a binding legal relationship is established between Healthium and the Family Client.
By signing up to the Nutrium mobile app, all of these Clients have direct access to the functionalities described in the specific conditions for Nutrium SaaS Clients, and it is up to them to book their first appointment with a professional of their choice from the list of available professionals.
Within the scope of the Nutrium Care service, depending on the conditions agreed with the respective Adhering Entity, a system of co-payment of the Client's nutritional monitoring may be covered. Within the scope of the Nutrium Care Family service, Clients are responsible for paying in full for their professional care.
In the case of Clients within the scope of Nutrium Care Family, and Nutrium Care Clients covered by the co-payment modality, payment processing is managed directly by Healthium, through Payment Processing Entities, namely, by way of example, Stripe.
These Clients will be able to choose from a set of pre-defined plans and then use one of the payment methods offered by the Payment Processing Entity to complete the purchase. Regardless of the contract period chosen, the total amount of the selected plan will always be charged in advance, as split payments are not available.
Unless otherwise stipulated in the contract, the chosen plan will automatically renew at the end of each contract period, although a 14-day right of withdrawal is recognized in accordance with applicable European legislation.
After this deadline, Healthium does not offer refunds for services already provided, so the Client should immediately refrain from using the services if they do not wish to renew the contractual period of their plan.
In the event of a payment processing error, the Client should contact Nutrium's support team so that the situation can be analyzed. In any case, we would like to remind you that by using this payment method, the Client is agreeing to the Terms and Conditions established by the Payment Processor.
The Client accepts that the execution of nutrition services, including consultations and nutritional counseling, may take place by different professionals, provided that they are duly registered in the Nutrium Software.
Within the scope of Nutrium Care, Clients who have signed up to the Nutrium Software benefit from access during the period stipulated in the service agreement between the Adhering Entity (to which the Client is linked) and Healthium, or during the period subscribed to by the Client in a co-payment modality. At the end of these agreed periods, and except in situations where the agreement or subscription is automatically renewable, the Client is prohibited from accessing the Software. In addition, access will be revoked if the Client no longer complies with the eligible conditions set out in the subscription agreement between the Adhering Entity and Healthium.
Within the scope of Nutrium Care Family, Family Clients who receive the invitation and choose not to subscribe will not have access to the benefits of Nutrium Care Family. In the event of scheduling the first appointment and subsequent no-show without prior notice, Nutrium reserves the right to revoke the Family Client's access to benefits and products.
Also in this context, Family Clients who have subscribed enjoy access during the period subscribed to by them, and at the end of this period, the subscription will be automatically renewed, unless otherwise stipulated in the contractual conditions in force at the time of the new subscription.
Healthium reserves the right to prevent access to and delete Client accounts at any time, without prior written notice, in cases where the Client offends or violates any of these Terms or the conditions contained in the Privacy Policy, 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 Client accounts, with prior written notice of 30 days, for unjustified cases. In this event, Healthium undertakes to adopt appropriate measures so as not to harm Clients.
The Client has 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 Client shall remain liable for all amounts owed to Healthium, Professionals or third parties; and (ii) Healthium shall verify any amounts legally owed to the Client, undertaking to make the relevant payments in a timely manner.
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.
The Client expressly accepts that use of the software is at his/her own risk and is his/her sole responsibility.
The Client 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 Clients; 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 Client from Healthium or any third party associated with Healthium shall constitute a warranty not expressly referred to in these Terms of Use.
The Client 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 Client, namely those arising from the General Data Protection Regulation.
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. Clients 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.
Clients agree to receive communications from Healthium, namely notifications related to the Nutrium service and software, including any changes to these Terms of Use, the Privacy Policy, 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.
Clients 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 Healthium's address at Rua Andrade Corvo, 242, Room 106, postal code 4700-204, city of Braga.
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.
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.
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.