2045 – Digital Health Solutions, Lda (hereinafter referred to as ”2045 DHS”) with NIPC 516 305 514 and registered office at Rua Alfredo Allen, n.º 455 e 461, 4200-135 Porto, Portugal, legal person N.º 516305514, registered at the Porto Commercial Registry Office, with share capital €1000, is the company responsible for the website www.papayya.com.
The Site is public and can be accessed by anyone, visitors (“Visitor”) and subscribers to the service (“User”). It provides information about the “Papayya” service, an online PT technology service, namely access to a free trial session (“Free Trial”) and subscription to the service. For ease of reading these Terms, the Site, Free Trial and respective Papayya subscriptions will be collectively referred to as the “Service”.
These Terms and Conditions are a legally binding agreement between visitors to the website, accessing and/or using the Service, and 2045DHS regarding the use of the Site.
Papayya is a technological service for online training sessions with personalized live monitoring by a personal trainer via video call.
The Free Trial will be made available to the Site Visitor with no subsequent commitment to join the service. The Free Trial consists of a personalized single session per user with a physical exercise component, and an expected duration of 60 minutes. In this way, the Visitor undertakes to enjoy the trial session individually and is not allowed to share it with third parties.
After requesting the Free Trial, the Visitor will receive the session schedule, an informative email and the completion of a form with information necessary only for the personalized session and authorization of legal issues. The appointment will be considered void without this information.
The Visitor agrees to the following:
To provide certain up-to-date, complete and truthful information about you as requested by the Service and;
To maintain and update the same information in order to keep it complete and truthful.
If any information provided by the Visitor is false or inaccurate, 2045DHS reserves the right to cancel their registration and terminate their rights to use the Service.
The Visitor expressly agrees to exclusively assume any and all risks arising from the use of Papayya and its Site.
2045DHS shall not be liable for the impossibility of use or for direct or indirect, special, incidental or consequential damages arising from any negligence.
2045DHS does not guarantee that the Site and its services will meet the requirements of the Visitor nor that the Service will not be interrupted or achieve a specific result. In addition, it does not guarantee that defects in the Service will be corrected.
2045DHS strongly recommends that you pay close attention and also bear in mind that under no circumstances will 2045DHS be liable, directly or indirectly, for any damage or loss caused, or alleged to have been caused, to the Visitor in connection with the use of the services available on the Site.
3.1. Resale or Commercial Use of Services
The Visitor expressly agrees to assume exclusively any and all risks arising from the use of Papayya’s services.
The Visitor agrees not to assign or make any commercial use of the Service without the express consent of 2045DHS.
3.2. Concealment of Papayya brands
The visual elements produced on the Site are accompanied by an advertising reference to Papayya itself. This reference may not be altered or hidden without the written consent of 2045DHS.
The Visitor agrees to comply with all the regulations, provisions and procedures of the systems linked to the services.
2045DHS may, at its own discretion, terminate the services immediately and without the right to a refund of any amount paid or compensation.
Visitor agrees to hold harmless 2045DHS, its subsidiaries, affiliates, officers and employees from any claim or suit, including reasonable attorneys’ fees, brought by any third party as a result of Visitor’s misuse of the Services, as well as Visitor’s breach of the provisions of this Agreement.
This agreement shall be governed by Portuguese law, and the parties shall submit any disputes arising from this agreement to the Courts and Tribunals of Porto (Portugal).
Due to the special conditions of the Service and in order to be able to provide it more adequately at any given time, 2045DHS may modify the terms and conditions of this agreement.
2045DHS reserves the right to modify or interrupt the services in whole or in part. 2045DHS shall not be liable to the Visitor or any third party for exercising its right to modify or interrupt the services.
In order to cancel the Service, the Visitor must send an email to firstname.lastname@example.org indicating the reason for cancellation. Cancellation becomes effective upon communication from 2045DHS.
If the Visitor does not agree with any clause of the terms and conditions of this agreement or any of its modifications, or if they are not satisfied with the Service, their immediate recourse is to:
Discontinue use of the Service;
Cancel your Free Trial request by the means indicated above;
Notify 2045DHS of the termination by the means described in the previous article.
Upon termination of the Service, the Visitor’s rights to use the Service immediately cease.
2045DHS is aware of the implementation of the new General Data Protection Regulation (GDPR), REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.