General terms and conditions of sale

Preamble

FREEACNE IS AN ONLINE COACHING SERVICE FOR LIFESTYLE, NATURAL HEALTH, WELLNESS AND HORMONAL TREATMENT OF ACNE, PUBLISHED BY THE COMPANY HIPPOCRATIC GENERATION, UNIPESSOAL LDA, UNDER THE NUMBER NIPC 516643037.

ACCEPTANCE OF THESE GENERAL CONDITIONS: THE USER DECLARES THAT HE/SHE HAS READ AND EXPRESSLY AND UNCONDITIONALLY ACCEPTS THESE GENERAL CONDITIONS IN EFFECT ON THE DAY OF REGISTRATION WITH FREEACNE.

ARTICLE 1 - Definitions

Each of the expressions below shall have the following meaning in these General Conditions:

"Solution(s)" refers to the developed infrastructures including data of different natures, in particular texts, sounds, still or animated images, videos, databases, intended to be consulted and accessible on the site; mobile applications and applications for tablets called FREEACNE;
"FREEACNE" refers to the company HIPPOCRATIC GENERATION, UNIPESSOAL LDA, publisher of the solutions;
"Content(s)" refers to the writings, images or messages of any kind exchanged about the solutions;
"Server" means a set of equipment intended to ensure the functions necessary for the publication, maintenance and uploading of the solutions;
"User(s)" and/or "you" refers to the person registered to the solution;
"Customer(s)" refers to a user who has made a purchase from the solution;
"Package" refers to a paid subscription to advanced features and content for a fixed period with tacit renewal;
"Personal data" and/or "processing of personal data" have the same meaning as in the European law known as "Data Protection Act" n.º 58/2019 | DRE, publication: Diário da República no. 151/2019, Series I of 2019-08-08.

ARTICLE 2 - Purpose

The purpose of these Terms and Conditions is to define the conditions under which the user may access and use the solutions and have a "FREEACNE PREMIUM" package to access advanced features and content. No waiver of these Terms and Conditions may be accepted without the express prior consent of HIPPOCRATIC GENERATION. The General Terms and Conditions constitute the entirety of the commitments existing between HIPPOCRATIC GENERATION and the user and cancel any previous oral or written commitment related to the subject matter hereof.

ARTICLE 3 - Registration conditions

When registering, the user agrees to read these terms and conditions. He also agrees to provide accurate and sincere information for the application of the proposed features. In particular, the user undertakes not to create a false identity likely to mislead, as well as third parties, and not to usurp the identity of another individual.

In the event of providing inaccurate or misleading information, and impersonating a user, HIPPOCRATIC GENERATION may, with one month's notice, without compensation, suspend or terminate the user's member account and temporarily or permanently deny access to all or part of the features. HIPPOCRATIC GENERATION cannot be held responsible for the accuracy or inaccuracy of information provided by the user. In the event of a change, the user agrees to update the data provided at the time of his online registration without delay.

As HIPPOCRATIC GENERATION does not have the technical means to guarantee the identity of persons who register as members, it is not responsible in the event of usurpation of a user's identity. If you believe that someone is attempting to impersonate you or your account, you should immediately notify HIPPOCRATIC GENERATION at the following email address info@hippocraticgeneration.com. If a user is found to be disseminating or using his or her identifiers or avatars contrary to their intended purpose, HIPPOCRATIC GENERATION reserves the right to delete the user's account without notice.

Minors are authorized to register for the solutions, provided they have obtained prior authorization from their parents or, if applicable, the holder of parental authority. HIPPOCRATIC GENERATION reserves the right to request justification in writing at any time and to proceed with any verification, as well as to delete any member account, in the event that said justification is not delivered within the prescribed timeframe. HIPPOCRATIC GENERATION will immediately delete any member account in the event of receipt of a parental request to close said account and the content concerning it.

ARTICLE 4 - Connection identifiers

When registering, the user must enter his name, e-mail and choose a password. The user is responsible for obtaining the correct connection information. If the connection information is received incorrectly, HIPPOCRATIC GENERATION cannot be held responsible.

These identifiers are intended to reserve access to the solutions to the user, to protect the integrity and confidentiality of the data exchanged, they are personal and confidential. The user is entirely responsible for preserving the confidentiality of his or her member account, undertaking to make his or her best efforts not to disclose his or her connection identifiers, whatever form they take, i.e. not to save them in any form whatsoever, paper or electronic, easily accessible to third parties. He alone will bear the consequences that may result from their use by third parties who have become aware of them.

The user must immediately notify HIPPOCRATIC GENERATION in the event of theft or unauthorized use of his account at the following email address info@hippocraticgeneration.com.

ARTICLE 5 - Use of the solutions

a) Rules of good conduct

The user may not:

Use the Solutions in conditions that may damage, overload or alter them;
Extract or collect information about other users;
Impersonate others;
Encourage illegal, threatening or obscene activities;
Downloading antivirus solutions or other malicious code;
Bullying and harassing other users in any way;
Recommend to the community any training content other than that offered in the solutions.

In the event of failure to do so, HIPPOCRATIC GENERATION reserves the right to take any appropriate action, including legal action, and in particular to delete the user's account.

(b) Illegal content
Illegal content is any element :

contrary to public order and morality (apology for crimes against humanity, incitement to racial hatred, child pornography, ...) ;
that infringes on people (defamation, insults, threats...), on the respect of private life and on the right to image;
that infringes on the intellectual property rights of third parties (i.e. brands, instant images of clips, television programs, short, medium or feature films, animated or not, advertisements, which have not been personally produced or for which they do not have authorizations from third parties or collective management companies, holders of rights over them);
which compete with the content offered by HIPPOCRATIC GENERATION.

In the event that any content is found to be illegal, you may immediately notify HIPPOCRATIC GENERATION at info@hippocraticgeneration.com. HIPPOCRATIC GENERATION undertakes to act promptly to remove illegal content or make it impossible to access from the moment it is communicated.

(c) Uploading photographs

The user acknowledges that he/she is the owner of all photographic content that he/she publishes about the Solutions. Otherwise, it is assumed that the user has the authorization of the owner of the rights of a content that he would publish. The user undertakes to respect the intellectual property rights of others and to ensure that each person portrayed has given his or her consent to the use and distribution of his or her image.

(d) Invitation

The User can invite one or more persons to subscribe to the solutions. The User freely provides HIPPOCRATIC GENERATION, under its sole responsibility, with the contact information of the persons to be invited. HIPPOCRATIC GENERATION will send an email to the invited persons, in the name and on behalf of the user. HIPPOCRATIC GENERATION reminds the user that he/she undertakes to obtain prior express consent from the persons who wish to be invited to the processing of their data by HIPPOCRATIC GENERATION. The contact information of the invited persons will not be used or kept by HIPPOCRATIC GENERATION.

ARTICLE 6 - Medical warning

It is the user's responsibility to take the necessary precautions to ensure that he/she is in good health, that he/she is physically fit to practice the protocols proposed in the solutions and that he/she does not have any dietary contraindications or allergies to follow the advice. For this, you must consult a doctor or a health professional before following the protocols proposed in the solutions.

Thus, the user declares that he/she has no medical contraindication to follow the protocol of the solution.

YOU AGREE TO PROVIDE HIPPOCRATIC GENERATION, UPON REQUEST, WITH A MEDICAL CERTIFICATE LESS THAN 3 MONTHS OLD INDICATING THE ABSENCE OF CONTRAINDICATION IN THE PRACTICE OF THE PROTOCOL. IN NO CASE, HIPPOCRATIC GENERATION CAN BE HELD RESPONSIBLE FOR DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OF ITS SOLUTIONS, OR WHEN THE USER HAS CAUSED THE DAMAGES HE WANTS DUE TO THE BAD EXECUTION OF THE PRESENT GENERAL CONDITIONS.

This application is for information purposes only.
It can in no way replace the advice and care provided by a doctor. This information should not be considered as personalized medical advice, is not intended to diagnose or treat a disease and does not engage our responsibility. For any therapeutic use, consult a doctor.

ARTICLE 7 - Parental authority

The holders of parental authority over a minor acknowledge that they are aware that the nature or form of certain information, through the use of solutions by the minor, may not be suitable for consultation by a minor. Therefore, they are invited to control the use made by the minor of the access to the solutions.

Parents or the holder of parental authority are informed that they can, at any time, oppose the processing of personal data of the minor and the dissemination of his image, by sending a message to the following email address info@hippocraticgeneration.com.

ARTICLE 8 - Premium Package

THE USER MUST HAVE A PREMIUM PACKAGE TO ACCESS THE FEATURES AND ADVANCED CONTENT.

(a) Feature content and advanced content:

Access to the anti-acne program
Access to the "Test your hormones" section
Access to the "Hormonal disorders" section
Access to the "Appendices" section

(c) Ordering:

The ordering process consists of three steps:

The selection of the package;
The information of the bank details to proceed to the electronic payment of the order;
Validation of the order after verification by clicking on the order validation button.
Prices are indicated in the currency of the user's country of residence when it is possible to detect the country with the browser settings, otherwise they are indicated in euros and take into account the VAT applicable on the day the order is registered. HIPPOCRATIC GENERATION reserves the right to modify the methods of payment and invoicing without these modifications applying to the conditions in force on the day of your subscription for a fixed amount.

Payment is made by credit card directly upon request. HIPPOCRATIC GENERATION acknowledges receipt of the order without delay and by electronic means. Orders with non-payment will not be processed. The complete order is placed on a secure page using the HTTPS protocol.

In accordance with Article 376 of the Civil Code and Legislative Decree No. 12/2021 of February 9. In the case of the conclusion of a contract in electronic format, the customer can consult the data of his order and its total price and correct any errors before confirming his acceptance. The contract will be concluded, in accordance with the provisions of the Civil Code, from the validation click, by which the customer confirms his order after having been able to correct it. The language proposed for the conclusion of the contract is PORTUGUESE.

(f) Right and Time of Withdrawal:

By derogation from the DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, the 14 clear days period for exercising the right of withdrawal does not apply. Indeed, the right of withdrawal cannot be exercised in respect of contracts for the supply of digital content not provided on a physical medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

(b) Renewal and Termination:

The signed package will be renewed on the expiry date, under the same conditions of duration and price as the signed package initially subscribed to, unless the customer notifies a request for cancellation before the expiry date of the current subscribed package. In the particular case of a promotion on the price of the first expiry date of a subscribed package, the subscribed package will be renewed on the date of its exchange at the price corresponding to the tariff in force. HIPPOCRATIC GENERATION informs the customer by email at the time of the order that he can cancel his package without charge. HIPPOCRATIC GENERATION displays the expiration date of the package subscribed to and a cancellation link in the customer's personal account. The Customer may cancel the renewal of his package at any time from his personal account. The customer must make his cancellation request before the expiration date of his signed package, in which case the signed package will be renewed. HIPPOCRATIC GENERATION reminds the customer that cancellation does not entail reimbursement of the remaining period covered by the subscribed plan.

In the specific case where the customer has subscribed to a package for mobile and tablet applications via Apple's iTunes, Google Play or Huawei's Appgallery, HIPPOCRATIC GENERATION reminds the customer that the package can be terminated via Apple's iTunes for iOS applications, Google Play for Android applications, Appgallery for Huawei applications. HIPPOCRATIC GENERATION will not be held responsible for any errors in the termination process of Apple iTunes, Google Play or Huawei Appgallery.

(h) Special case of purchases via mobile applications and tablets

The customer can also subscribe to a package on mobile and tablet applications. In mobile and tablet applications, HIPPOCRATIC GENERATION informs the customer that purchases are made via Apple's iTunes service for iOS applications, Google Play for Android applications and Appgallery for Huawei applications. The customer acknowledges having read and accepted the Apple iTunes, Google Play or Huawei Appgallery terms and conditions at the time of payment. Payment and billing processing is subject to the terms and conditions and privacy policy of Apple iTunes, Google Play or Huawei Appgallery. HIPPOCRATIC GENERATION will not be held responsible for any errors in the Apple iTunes, Google Play or Huawei Appgallery payment process.

(d) Non-payment:

In the event of non-payment when renewing a package, HIPPOCRATIC GENERATION will attempt to collect the non-payment within a few days until the payment is due, for the duration of the contract. After this period, the package will be suspended until the Customer's bank details are updated.

ARTICLE 9 - Confidentiality

HIPPOCRATIC GENERATION is committed to protecting the privacy of its users in accordance with the regulations in force, in accordance with its Personal Data Protection Policy. Users acknowledge that they have expressed their express consent to the collection and processing of their personal data by creating an account.

Users are required to comply with the aforementioned provisions of the Data Protection Act and the RGPD, the violation of which is subject to criminal penalties. In particular, they must refrain, with respect to personal data to which they may have access, from any collection, misuse and, in general, any act likely to infringe the privacy or reputation of individuals.

The user has the rights of opposition, access, rectification, deletion, limitation and portability of data concerning him. You may therefore demand that information about you that is inaccurate, incomplete, equivocal or outdated be rectified, completed, clarified, updated or deleted. To exercise these rights, the user may send a request to HIPPOCRATIC GENERATION at the following email address info@hippocraticgeneration.com. HIPPOCRATIC GENERATION reminds users that they may also object, for legitimate reasons, to the processing of this data.

HIPPOCRATIC GENERATION undertakes to apply all appropriate security and confidentiality measures to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access and against any other form of unlawful processing. It must ensure a level of security appropriate to the risks associated with the processing and the nature of the data to be protected, taking into account the level of technology and application costs. In the event of a personal data breach, HIPPOCRATIC GENERATION shall immediately inform the user.

The user is solely responsible for the quality, lawfulness and relevance of personal data communicated to HIPPOCRATIC GENERATION. He must ensure that he has fulfilled all his obligations and that he has informed the natural persons concerned of the use made of them.

In this respect, he/she guarantees HIPPOCRATIC GENERATION against

any recourse, complaint or claim emanating from a natural person whose personal data is processed;
In the first place, any prejudice resulting from its recourse by a third party for violation of this guarantee.

ARTICLE 10 - Intellectual Property

All elements of the solutions, trademarks, logos, designs, graphics, icons, texts, training and nutrition content, naturopathy protocols, recipes, nutritional plan, applications, scripts, and their selection or combination of solutions, are the exclusive property of HIPPOCRATIC GENERATION and are subject to protection under applicable intellectual and industrial property rights.

HIPPOCRATIC GENERATION grants the user a personal right of use of all elements of the solutions, which does not imply any transfer of the aforementioned rights. In this respect, the user is prohibited from any use contrary to the use for which it is intended, i.e. the normal use of the solutions, i.e. copying, reproducing, modifying, distributing, displaying or selling, by any process or form whatsoever, in whole or in part. The user may not copy, reproduce, modify, distribute, display or sell, by any process or form whatsoever, in whole or in part, any element of the solutions or relating to them, by any process or for any other purpose, including commercial, without the prior written authorization of HIPPOCRATIC GENERATION.

The user may not copy, reproduce, modify, distribute, display or sell, by any process or form whatsoever, in whole or in part, any element of the solutions or relating to them, for any purpose whatsoever, including commercial purposes, without the prior authorization of HIPPOCRATIC GENERATION. In the absence of authorization, HIPPOCRATIC GENERATION may block the user's account within one month and take all appropriate actions, including legal action.

All elements of the solutions, including their documentation, remain the full and complete property of HIPPOCRATIC GENERATION. HIPPOCRATIC GENERATION grants the user a personal, non-exclusive, non-negotiable and non-transferable right to use the solutions. The user is expressly prohibited from using the elements of the solutions in a manner that does not comply with these conditions, namely:

Any reproduction of the solutions, in any form and on any type of support, in particular by modification, merger or inclusion in another software and/or modification of the accompanying documentation;
Any translation, adaptation or arrangement of the solutions;
Any provision of the solutions, in whole or in part and by any means whatsoever;
Any modification of the solutions or intervention on them, whatever their nature, including for the purpose of correcting errors that may affect the functioning of the solutions, insofar as the right to correct these errors is reserved solely to HIPPOCRATIC GENERATION;
Any distribution, marketing or use of the solutions for the benefit of third parties, as well as any training of third parties in the total or partial use of the solutions.

HIPPOCRATIC GENERATION REMINDS YOU THAT ALL THE ELEMENTS OF THE ABOVE SOLUTIONS ARE PROTECTED BY COPYRIGHT, HAVING BEEN THE SUBJECT OF SPECIFIC PROTECTION DEPOSITS WITH THE INPI AND OTHER COMPETENT BODIES. In the event of infringement of these rights, HIPPOCRATIC GENERATION may bring an action for infringement before the civil or administrative courts to obtain compensation, or before the criminal courts to obtain criminal penalties. THE VIOLATION OF COPYRIGHT CONSTITUTES THE CRIME OF COUNTERFEITING UNDER PENALTY OF A FINE OF 300 000 EUROS AND THREE YEARS OF PRISON. In addition, complementary penalties, closure of the establishment, confiscation, publication by posting of the judicial decision can be pronounced.

ARTICLE 11 - Liability

The user guarantees HIPPOCRATIC GENERATION against any action against him or any claim that would be brought against him due to the use of the solutions in conditions that do not comply with these General Conditions. In addition, the user shall be solely responsible for the use of his identification elements (email and password) by third parties, actions or statements made through his member account and HIPPOCRATIC GENERATION guarantees against any claim in this capacity. This warranty covers any amount that HIPPOCRATIC GENERATION is required to pay for any reason whatsoever, including attorney's fees and court costs recognized or awarded.

HIPPOCRATIC GENERATION will use its best efforts to keep its solutions accessible at all times, but shall not be liable for any failure or inability to access the solutions due to external circumstances, including the network or the method of connection to the network. HIPPOCRATIC GENERATION may decide to interrupt access to its solutions for maintenance or development reasons. HIPPOCRATIC GENERATION will take all appropriate measures to ensure that the user is informed as best as possible of the interruption. It cannot be held responsible for the consequences of these interruptions for the user or for third parties.

ARTICLE 12 - General Provisions

(a) Intuitu personae:

These provisions are not subject to modification, assignment, contribution or transfer.

(b) Independence of clauses:

It is expressly agreed between the parties that any forbearance or waiver by either party of the performance of any or all of the covenants herein, however frequent and however long, shall not constitute a modification of these provisions, nor shall it create any right. In the event that a clause of the present clauses is nullified, its nullity shall not affect the other stipulations, nor shall it affect the validity of the present clauses as a whole. The parties shall endeavor in such case to amend the invalidating clause so that it complies with the rule while respecting the balance and objectives of these provisions.

(c) Force Majeure:

The obligations under these terms and conditions are suspended in the event of force majeure. HIPPOCRATIC GENERATION shall not be liable for any delay or non-performance of the services. If the force majeure event lasts more than forty days, either party may terminate the current package with immediate effect, without compensation.

(d) Modification of the present

HIPPOCRATIC GENERATION reserves the right to modify these Terms and Conditions. In this case, you will be informed of these changes at the same time as the new terms and conditions are posted online.

(e) Technical Support:

HIPPOCRATIC GENERATION provides the user with technical assistance, any request for assistance should be made directly to HIPPOCRATIC GENERATION, at the following address info@hippocraticgeneration.com, or directly via the contact form of the solution.

(f) Housing:

Accommodation for solutions is provided by Goodbarber HQ
Campusplex
12 rue Général Fiorella
20000 Ajaccio
Corsica (France)

ARTICLE 13 - Applicable law and settlement of disputes

These Terms and Conditions are governed by Portuguese law.

If a provision of the Terms and Conditions is declared invalid or declared invalid by virtue of a law, a regulation or following a final decision of a competent jurisdiction, the other provisions will keep all their force and their scope.
In the event of any difficulties in the interpretation or implementation of these Terms and Conditions, the parties shall endeavor to settle their disputes amicably, in which case the parties agree to mediate before initiating any proceedings.