HEALTHIUM – Healthcare Software Solutions, S.A., (hereinafter, “Healthium”), dedicates itself to the development of software in the cloud, with connection to mobile applications, for Nutrition Clinics and Professionals. That software, NUTRIUM, enables the simplification of complex tasks, such as management and analysis of nutritional information of their patients, planning, analysis and creation of food plans and direct and permanent follow-up of the patient's, and much more. In addition to these functionalities, the most distinctive feature of the service relates to the fact that it eases and improves the nutritional monitoring and follow-up of the Patient by the Nutrition Professional. Thus, through Nutrium’s mobile application, the Patient, at the end of each nutrition appointment, will have available on their mobile device their food plan as prescribed by the Professional, which can be readjusted both in real time or in the next appointment.
In this way, Nutrium promotes, facilitates and simplifies the relationship between the Patient and their Nutrition Professional, enabling:
The registration in Nutrium’s web and/or mobile applications and the service provided by Healthium is dependent on the total acceptance of these conditions, whereby, any Professional and/or Patient who does not agree or does not commit to behave according to these terms shall not be allowed to use said service.
Healthium reserves itself the right to change, at any time and without any prior notice, the Terms and Conditions (partially or totally) being that each new version of the Terms and Conditions shall enter into force after being published on the Nutrium website. By accepting these Terms and Conditions users commit to visit and study these Terms on a regular basis. Lastly, Healthium reserves itself the right to interrupt or even terminate services at any time if it deems necessary.
You may withdraw your consent to these terms at any given moment being certain that, in doing so, you will terminate this contract and you will not be entitled to any indemnity or refunds of the amounts already paid, neither will you be allowed further access to Nutrium. After withdrawing your consent all your personal data shall be deleted.
These provisions shall remain in force between the parties for the entire duration of the contract. That duration shall be determined in accordance with the chosen subscription.
“Distribution” shall be understood as the means by which the Software is made available by Healthium to Users.
“Professional” shall be understood as anyone who has, by any means, access to the web version of the software.
“Patient” shall be understood as anyone who has, by any means, access to the mobile version of the software or the equivalent restricted web version.
“Secretary” shall be understood as anyone who has, by any means, access to the web version of the software, restricted, made available by the Professional to that third party for the purposes of managing and scheduling their consultations and Patients.
“User” shall be understood as anyone who has, by any means, access to the web and/or mobile version of the software.
“Intellectual Property Rights” shall be understood as all rights to scientific works, inventions in all fields of human activity, scientific discoveries, designs, industrial models, industrial trademarks, commercial and service brands, as well as protection against unfair competition, as well as all other rights inherent to intellectual activity in the industrial and scientific fields.
The Software Terms and Conditions of Use apply to all forms of use of the applications, both in code form and in binary form, as in any other way.
Healthium is not responsible for any event resulting from the lack of capacity of the User. Healthium undertakes the task of ensuring that the services provided are to be offered and used without failures but reserves itself the right to temporarily suspend its operations for technical reasons or causes beyond its control.
Mandatory information when signing up for our services:
At the time of registration and during the use of the software and services, the User shall provide accurate, precise and truthful information. The Professionals and Patients also guarantee and respond, in any case, for the truthfulness, accuracy and authenticity of the personal data provided, not being Healthium in any way responsible for the veracity or correction thereof.
The records are personal and non-transferable, being the holder thereof solely responsible for the actions taken with their registration.
To each Professional or Patient may only match a single record, therefore Healthium may cancel any subsequent registration made by the same individual.
By subscribing and using the Nutrium software, namely, through the online platform, the Professional, will be using tools that allow the simplification of their more complex tasks, such as planning, analysis and creation of food plans, nutritional calculations, management and analysis of information, among others. In addition to these functionalities, the most distinctive feature of the service relates to the fact that it facilitates and improves the nutritional monitoring and follow-up of their patients - NUTRIUM patients. The Professional lies constantly connected to their patients as the software allows access to the evolution of their patients’ progress as well as direct communication by message. This functionality translates into a closer follow-up of the Patient as it allows the Professional to change their food plans, answer questions posed by the Patient and schedule consultations, all in real time. There is no influence whatsoever of Healthium on the relationship between the patient and the professional.
By accepting the Terms and Conditions, the Professional undertakes to only adopt behaviors that do not infringe the existing legal order or damage, in any way, legally protected positions and, in particular, to strictly oblige to the Code of Ethics in force on their jurisdiction as well as the European legislation regarding the protection of personal data such as the General Data Protection Regulation, ensuring, on this subject, the provision of information, collection of consents, and access to the rights of Patients and Secretaries.
Without prejudice to the objection of the Professional, by accepting these Terms, the Professional accepts and agrees to the automatic renewal of their subscription, authorizing for that intent that the appropriate amounts be charged through the payment information previously made available.
In order to use the Nutrium software the Professional must be at least eighteen years old or older if the Legal Age in force in their country is superior to this age.
The patient, by subscribing the Nutrium mobile application, will have direct access to their food plans, receiving, at the time stipulated therein, notifications regarding the list of foods advised by the Professional. In addition to this functionality, the mobile application allows the follow-up of the patients’ physical activity and other data such as water intake, weight, height and body mass index (BMI) while also facilitating constant and real-time monitoring by the Professional, since they can review this information and update the plan according to their patient's progress.
Follow-up subscriptions add to these features the possibility of registering the weight as well as allowing direct communication with the Professional through messages. This way, it facilitates the comfortable management of consultations (scheduling, confirmation and cancellation), the sharing of progress and the solving of doubts.
There is no influence whatsoever of Healthium on the relationship between the patient and the professional. Also, it is under the control of the professional the definition of the specific functionalities to be made available and, because of this, the permissions available in the application may vary from patient to patient.
By accepting the Terms and Conditions, the patient is obliged to only adopt behaviors that do not infringe the existing legal order or damage, in any way, legally protected positions.
The applications produced by Healthium are intellectual works protected by the Law of Intellectual Property and are protected by the applicable law, namely Decree-Law no. 252/94 of 20 October on the board of the Legal Protection of Computer Programs, as well as the Community Directives and International Treaties. Each of the elements that compose them (such as design, text, video, music, graphics, images, information, applications, sounds, colors, logos, web page layout, applications and tools, among others) are exclusive property of Healthium, the only authorized to use the intellectual property rights of personality therein assessed.
Any reproduction and/or full or partial representation, use, adaptation or modification of the applications or any of the elements that compose them, under any format, or in any form, for other purposes, including commercial, is expressly prohibited.
The Professional is obliged to keep in absolute and complete confidentiality, any personal or business data, even if it is not mentioned that it is confidential, of all information made available to which will have access by virtue of the distribution of web application software.
By protected or confidential information it is understood all the information, regardless of the medium used, consisting of technical and non-technical, financial, commercial or technological, namely: intellectual and industrial property, "know-how", conclusions, business models, working models, trade secrets, studies, formulas, methods, "drafts", drawings, photographs, prototype samples, models, financial data, technical and related information, directly or indirectly, with the distribution of pre-release beta software framework, or any other commercial elements, legal and/or tax, or any other information relating to the software, which is distributed in any form.
The User, expressly accepts that:
The User expressly understands and agrees that Healthium shall not be liable towards the User for any direct, indirect, incidental or special, arising from the use of the software. Also, Healthium shall not be liable for the omission of any of the legally imposed obligations on the Professional, namely those resulting from the General Data Protection Regulation or applicable Codes of Ethics.
Healthium is not responsible for any harm, loss or damage to the equipment of the User caused by flaws in the system, server or the Internet. Users may not assign Healthium any responsibility or demand any payment for any loss of earnings due to losses resulting from technical difficulties or failures in the system or the Internet. Healthium does not guarantee access and continuous use, or without interruption of the application. Eventually, the system may not be available for technical reasons or Internet failures, or any other circumstances unrelated to Healthium.
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The mobile and web applications may contain links to other applications or sites on which Healthium has no control. The inclusion of links to other applications or sites is of pure informational content, being Healthium entirely alien to their content, services and/or products offered and cannot be held liable, in this regard, of any responsibility.
For the purposes of the General Data Protection Regulation, Healthium shall be considered as being the “processor” and the Professional the “controller”. Thus, in the scope of this contractual relationship, in addition to the Terms set forth above, it is determined that Healthium:
The current Terms and Conditions of Use are subject to Portuguese law and for all the issues arising therefrom, the parties elect the forum of the Braga Court (Comarca de Braga).