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Terms and Conditions

The present Terms and Conditions, apply to all users of our services, so the registration on our website and/or the installation of the mobile application requires their full acceptance.

The acceptance of these Terms and Conditions presupposes the acceptance of the Privacy Policy, as well as the use and treatment of your personal data in the terms defined therein.

In this sense, whether they contract the services for their personal use, or to make them available as a work tool to their partners/service providers, they accept both the Terms and Conditions and the Privacy Policy, for as long as the services are contracted. Health Zone-e reserves the right to make changes to these Terms and Conditions, in whole or in part, without being obliged to inform or notify its users in any way.

Health Zone-e offers services through software available on a website or mobile application, and is intended for use by individuals or professionals (professionals: the provision of services can be made by a company that implements our software as a working tool), who tacitly accept these terms and conditions.

The mobile application can be downloaded from the Play Store and the App Store.

Users of the mobile application, downloaded through the App Store, declare that they know and accept the End User License Agreement for the Licensed Application, available for consultation at the following link: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

This software offers several services: exercise preparticipation health screening (through health questionnaires, and cardiovascular disease risk factor assessment), nutrition (through body composition and meal plan), training plan, which can be programmed and allows results to be consulted, general physical fitness evaluation (cardiorespiratory fitness, muscular fitness, mobility and flexibility), health classification (through the combination of several health parameters based on the normative reference values of several institutions in the area of physical exercise and health, such as: ACSM (American College of Sports Medicine), Canadian Society for Exercise Physiology (CSEP), Mental Health America, The American Academy of Sleep Medicine, WHO (World Health Organization), Centers for Disease Control and Prevention (National Center for Health Statistics), The National Health Service in England, American Heart Institution, National Health Service (NHS), Mayoclinic, Exrx, etc.

This software allows the integrated management of clients, by professionals, through backoffice.

Thus, when our services are used by a private client, he can choose to subscribe to the personal plan, which includes all the functionalities of the nutrition and professional plan, excluding the client management part. On the other hand, when they are used by a professional, it is advisable to subscribe to the nutrition or professional plan, and the professional can use our services personally, or because they are in charge of using this work tool, and have at their disposal a more dynamic and simplified way of recording and analyzing the results of the client being monitored, allowing to create, manage and plan their work, and also allowing them to maintain a direct and permanent contact with the client.

Users may withdraw their consent at any time, consequently revoking the services contracted with Health Zone-e. In such a case, no right to compensation or refund of amounts already paid shall be recognized. Consequently, their data will be deleted. 

“Software” shall mean the web and mobile applications, developed by Velcroworks at the request of Health Zone-e, whose distribution and use is subject to these Terms of Use.

“Distribution” refers to the means by which the software is made available by Health Zone-e to users.

“Professional” should be understood as anyone who has, by any means, access to the reserved area for managing clients and appointments through the web or mobile version of the software.

“Client” shall mean anyone who has, by any means, access to the mobile version of the software or to the web version, equivalent.

“User” shall mean anyone who has, by any means, access to the web and/or mobile version of the software.

“Intellectual Property Rights” are intellectual creations that are born of the humanspirit and can be the subject of an Intellectual Property right. This right makes it possible to ensure the monopoly or exclusive use of the respective technical, commercial and industrial information. In this sense, Copyright and Related Rights aim to protect intellectual creations in the literary, scientific and artistic fields, including the rights of the respective authors. Thus, original creations of literature and the arts are protected by copyright. And industrial property rights have as their object the protection of inventions, aesthetic creations (design), as well as distinctive signs that make it possible to distinguish products and companies in the market. 

In this sense, all users are informed that the software is intellectual property and is fully included in the legal sphere of Health Zone-e. Therefore, any reproduction and/or representation, in whole or in part, use, adaptation or modification of the applications or any of the elements that compose it is expressly prohibited, in any support, or in any form, for other purposes, namely commercial. 


- Application of Terms and Conditions of Use 

As far as their application is concerned, the Software Usage Terms apply to all ways of using the apps, whether in code form, in binary form, or in any other form.

To register on the Health Zone-e website or mobile application, the following information is mandatory: Name (first and last); Genre; Email; Password creation; Country of Residence.

Health Zone-e undertakes to ensure that the services provided are offered and can be used without fail, reserving, however, the right to temporarily suspend its operations for technical reasons, or causes beyond its control. In this sense, it is not responsible for technical or other issues that determine failures on the part of the user.

At the time of registration and during the use of the software and services, the user must provide exact, accurate and true information, so that the professionals who guide them, through the software of our services, can carry out a complete analysis and correct advice.

The registrations are personal and non-transferable, and the holder thereof is solely responsible for the actions carried out with their registration.

By creating an account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information that we may send you. However, you may opt-out of receiving any or all of these communications from us by following the unsubscribe link or by sending an email to: support@healthzone-e.com

 

- Payments 

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit or debit card number, the date of validity of your credit or debit card, CVV number, IBAN, your billing address, and your shipping information.

The client has the legal right to use any credit card or other means of payment in connection with any purchase, undertaking to provide true, correct and complete information.

If the customer wishes to make their Purchase via SEPA Direct Debit (service provided by the Easypay payment platform), the customer authorizes Easypay - Payment Institution, on their behalf, to send instructions to their bank to debit their account in accordance with the instructions referred to in the Purchase (amount, frequency, type of product, bank, IBAN, type of payment). As part of your rights, you can ask your bank for a refund. Refunds can be claimed up to eight weeks from the date in which your account was debited. To check the details of your rights, you should speak to your bank.

To cancel a Payment Authorization or Return a credit card transaction, the request must be sent in writing to support@healthzone-e.com, always indicating the data provided for payment, as well as the reason for the cancellation operation. or return (total or partial). Cancellation costs €2.5 + VAT.

We may allow, as part of the payment features, access to third parties for the purpose of facilitating payment and the completion of Purchases. Therefore, by submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy.

Users will have a 14-day free trial at their disposal, later, in addition to the subscription options, they will be able to choose to make one-off payments. 

We have established a refund policy that only occurs in situations of charging an amount different from that indicated, or of undue charges after cancellation of the subscription. We suggest that you contact the Health Zone-e support email address directly for any assistance in this regard. 

 

- Available Plans on the Website and Mobile Application for Web Users and play store

  1. Personal Plan: Free of charge, in the various duration modalities (monthly and annual).
  2. Nutrition Plan: In the monthly modality it costs €9.90 (from 1 to 50 users), €14.90 (from 51 to 100 users), €19.90 (from 101 to 200 users), €24.90 (from 201 to 400 users), €34.90 (from 401 to 1000 users). In the annual mode, it costs €89.90 (from 1 to 50 users), €134.90 (from 51 to 100 users), €179.90 (from 101 to 200 users), €224.99 (from 201 to 400 users), €314.90 (from 401 to 1000 users).
  3. Professional Plan: The monthly version costs €19.90 (from 1 to 50 users), from €29.90 (from 51 to 100 users), from €39.90 (from 101 to 200 users), €49.90 (from 201 to 400 users), €59.90 (from 401 to 1000 users), from €79.90 (from 1001 to 5000 users), from €99.90 (from 5000 to 10000). In the annual mode, it costs €179.90 (from 1 to 50 users), €269.90 (from 51 to 100 users), €359.90 (from 101 to 200 users), €449.50 (from 201 to 400 users), from €539.90 (from 401 to 1000 users), from €719.90 (from 1001 to 5000 users), from €899.90 (from 5000 to 10000).

 

- Available Plans on the Mobile Application for IOS Users

  1. Personal Plan: Free of charge, in the various duration modalities (monthly and annual).
  2. Nutrition Plan: In the monthly modality it costs €12.49 (from 1 to 50 users), €18.49 (from 51 to 100 users), €24.49 (from 101 to 200 users), €30.90 (from 201 to 400 users), €42.99 (from 401 to 1000 users). In the annual mode, it costs €110.99 (from 1 to 50 users), €165.99 (from 51 to 100 users), €224.99 (from 101 to 200 users), €279.00 (from 201 to 400 users), €389.00 (from 401 to 1000 users).
  3. Professional Plan: In the monthly modality it costs €24.49 (from 1 to 50 users), €36.90 (from 51 to 100 users), €49.49 (from 101 to 200 users), €61.90 (from 201 to 400 users), €73.90 (from 401 to 1000 users), €98.90 (from 1001 to 5000 users), €122.99 (from 5000 to 10000). In the annual mode, it costs €224.99 (from 1 to 50 users), €334.99 (from 51 to 100 users), €444.99 (from 101 to 200 users), €559.00 (from 201 to 400 users), €669.00 (from 401 to 1000 users), €889.00 (from 1001 to 5000 users), from €1199.99 (from 5000 to 10000).

 

General Terms of Use - Professional 

1. Conditions of provision of services 

The professional, when signing up and using the Health Zone-e software, personally or by making this tool available by a company where he works or provides services, namely, through the online platform, will be subscribing to tools that will allow the simplification of his more complex tasks, allowing him to manage in backoffice planning, analysis and creation of meal plans, nutritional calculations, management and analysis of information related to training plans, being able to continuously and frequently classify the health of the users he monitors, among others.

The professional can opt for the nutrition plan or the professional plan.

The nutrition plan grants access to the Nutrition Zone and provides the following services: body assessment, food plan, calculation formulas, database, client management, appointment scheduling and messaging system.

The professional plan contains all the features of the nutrition plan, plus the following: employee and customer management, scheduling classes and appointments, user statistics, and growth and retention rates.

The nutrition plan and the professional plan allow for permanent contact with customers, with all communications exchanged between them being private and aimed at providing personalized service.


2. Professional Responsibility 

By accepting these Terms and Conditions, the professional refrains from infringing the current legal order or harming, in any way, legally protected positions, undertaking, in particular, to scrupulously comply with the Deontological Codes governing their profession, as well as European legislation in the field of protection of personal data such as the General Regulation on Data Protection, ensuring, in relation to this diploma, the provision of appropriate information, collection of consents, and access to rights by Clients. Without prejudice to the respect for the Portuguese legal system in general.


3. Automatic subscription renewal 

Without prejudice to the opposition of the Professional or the person responsible for the payment to which the Professional performs functions, by accepting these Terms, the Professional accepts and agrees to the automatic renewal of his subscription, authorizing, for this purpose, that the due amounts be charged through the previously provided payment information. 

Applications can be renewed on a monthly or annual basis, depending on the option selected by the user.

 

4. Minimum age 

To use our services, users must be 18 years old at the time of registration. 

 

General Terms of Use – Client 

1. Conditions for the provision of services 

The private customer, when signing up and using the Health Zone-e software, will be able to obtain an assessment of their physical and health condition, as well as define their training and nutritional plan, functions that vary according to the subscribed plan.

You can be accompanied by a professional, communicating with him/her through the application, in a private way.

Health Zone-e does not interfere in the relationship between private and professional users.

 

 2. Client Responsibility 

By accepting these Terms and Conditions, the customer refrains from infringing the current legal order or harming, in any way, legally protected positions. It is also obliged to comply with European legislation in the context of the protection of personal data, such as the General Regulation on Data Protection, without prejudice to respect for the Portuguese legal system in general. 


3. Automatic subscription renewal 

Without prejudice to the client's opposition, by accepting these Terms, the Professional accepts and agrees to the automatic renewal of his subscription, authorizing, for this, that the due amounts are charged through the payment information previously made available. 

 

4. Minimum age 

To use our services, users must be 18 years old at the time of registration. 

 

Confidentiality 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

The user may not use as a username the name of another person or entity or that is not legally available for use, a name or trademark that is subject to any rights of a person or entity other than the customer, without proper authorization. You may not use any name that is offensive, vulgar or obscene as a username.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in our sole discretion.

Protected or confidential information means all information that, regardless of the medium used, consists of technical and non-technical information, of a financial, commercial or technological nature, namely: intellectual and industrial property, “know-how”, conclusions, models of business, working models, trade secrets, studies, formulas, methods, drafts, drawings, photographs, prototype samples, models, financial and technological data and information related, directly or indirectly, with the distribution of the pre-beta version of the framework of the software, or any other commercial, legal and/or tax elements, or any other information relating to the software, which is distributed in any form. 

 

Liability exclusion 

The user expressly accepts that: 

1. The use of the software is carried out at the user's own risk, being his sole responsibility; 

2. The user declares and assumes that he is legally fit, capable and authorized to carry out his activity, related, in particular, to the provision of classes or consultations by professionals of any sport and health modality. Therefore, Health Zone-e cannot be held responsible for any error resulting from the User's activity. 

3. Health Zone-e provides no warranty in relation to: 

3.1. the software's correspondence with the user's requirements; 

3.2. to the software's error-free status; 

3.3. the reliability, timeliness or performance of the software; 

4. No advice or information, whether oral or written, obtained by the user from Health Zone-e or from third parties associated with it shall constitute a guarantee not expressly mentioned in these Terms of Use. 

5. Any formula, equation, algorithm present in our software is based on public information and others, as in the case of the health classification, made by Health Zone-e. In this sense, the results obtained in any of the cases (as in the result of the health classification, values obtained from equations in nutrition, mobility, health questionnaires, risk stratification, muscular fitness, cardiorespiratory, etc.) correspond to the data entered by the user, and Health Zone-e is not responsible for any interpretation or consequence that this may cause in the user. 

6. Regarding the food product database, present in our software, it may become outdated, and the user is responsible for verifying this data with the competent authorities. Health Zone-e is not responsible if there is a wrong interpretation of the results, due to a possible outdated database of food products. More informs users that all the data obtained in this context comes from the Food Composition Table, from the National Institute of Health Doutor Ricardo Jorge, I.P. – INSA, available at: http://portfirinsa.min-saude.pt.

7. The use of videos and the exercise database is the responsibility of the user, therefore Health Zone-e declines responsibility for any consequences or damages. 

The user expressly accepts that Health Zone-e cannot be held liable to the user for any direct, indirect, incidental or special damages arising from the use of the software. In this sense, the user acknowledges that Health Zone-e cannot be held responsible for any omission of the obligations legally imposed on the Professional, namely those arising from the General Regulation on Data Protection. 

 

Prohibitions on Use 

The user agree not to use our services in any way that violates any applicable national or international law or regulation, for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, exposing them to inappropriate content or otherwise form. Or to transmit, or obtain the submission of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation, and/or to impersonate or attempt to impersonate the company, an employee of company, another user, or any other person or entity.

It further refrains from, in any way, violating the rights of any third party, or in any way that is unlawful, threatening, fraudulent, or harmful, or in connection with any illegal, fraudulent, or harmful purpose or activity. As well as engaging in any other conduct that restricts or inhibits any person's use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

 

 

Software system violation 

The use of any device, software, or other resource that may interfere with the activities and operations of Health Zone-e and its software is not permitted.

In this regard, the user will refrain from using the service in any way that could disable, overburden, damage or impair the service or interfere with the use of the service by any other party, including their ability to engage in activities in real time through the service.

As well as using any robot, or other automatic device, process, or means of accessing the Service for any purpose, including monitoring or copying any material on the Service. Or, any manual process to monitor or copy any material on the Service or for any other unauthorized purpose, without our prior written consent. Or, use any device, software, or routine that interferes with the proper functioning of the Service, introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

You further refrain from attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service. As well as attacking the services through denial-of-service mechanisms.

Any intrusion, attempt to, or activity that damages, falsifies, violates, or contravenes the intellectual property right 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 the compensation for any damages caused.

Health Zone-e is not responsible for any damage, loss or damage to the User's equipment caused by system, server or Internet failures.

In this regard, users may not attribute any liability to Health Zone-e nor demand payment for loss of profit due to losses resulting from technical difficulties or failures in the systems or on the Internet.

Finally, Health Zone-e does not guarantee continuous or uninterrupted access and use of its application. Eventually, the system may not be available for technical reasons or internet failures, or for any other circumstance beyond Health Zone-e.

 

Final Considerations 

Our service allows you to post, link, store, share and make available certain information, text, graphics, videos, or other material (content). The user is responsible for the content you post on or through the Service, including its legality, reliability, and suitability.

By posting content on or through the service, the user represent and warrant that the Content is yours (you are the user) and/or has the right to use it and the right to grant us the rights and licenses provided for in these Terms and Conditions. , and that posting your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person or entity. We therefore reserve the right to cancel the account or subscription of any person found to be infringing a copyright.

The user retain any and all rights to any content that submit, post or display on or through the Service and are responsible for protecting those rights, and Health Zone- e assumes no responsibility for the content you submit or any third-party postings. on the Service or through the Service.

However, by posting content using the service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the service. You agree that this license gives us the right to make your content available to other users of the Service, who may also use it, always in compliance with these Terms and Conditions. 

Carefully read our Terms and Conditions, our Privacy Policy and our Cookies Policy, as these define the contractual terms to which the parties involved are subject. And do not hesitate to contact our services in case of doubt.

Please note that it is your responsibility to check our pages and policies regularly to ensure that you are complying with their provisions.

These Terms and Conditions of Use are subject to Portuguese Law and for all matters arising therefrom the parties elect the district court of Leiria.

 

Health Zone-e, Unipessoal, Lda

Rua do Cepo, n53,

2415-366 Leiria

 

These terms were last updated on: 02-04-2024.