Terms and Conditions

Warning: The present Agreement of Utilization, which includes, namely, the terms and conditions and the privacy policy of this directory/website, constitutes a contract between Sculptors® /App_i® and those who use it, so it must be read carefully.

The use of the services provided by this website implies the acceptance of its Terms and Conditions, including its privacy policy, so in case of disagreement with some of its provisions, the use of the service is not allowed.

The last amendment to this User Agreement is dated 01.05.2023.

1. Definitions and General Conditions

Definitions

“App_i” – directory / website of the registered trademark “Sculptors Fitness & Wellness”, property of the company Sculptors Fitness & Wellness – collective person number 5144922230, under this number registered in the Conservatória do Registo Predial/Comercial de Loulé, with headquarters at Zona Industrial de Loulé, Parque do Infante, Fração J, Franqueada, 8100-302 Loulé.


“Client/Experts” – registered expert professional/s who uses the App_i® directory/website to promote their activities for the provision of certain services.

“Client Information” – any information provided by the Client/Expert, either during the phase of their registration and inscription in the directory/website, or regarding the description of their services, blog contributions, opinion articles, or other resulting from their interest in the best use of the directory/website.

“Privacy Policy” – description of the types of information collected from the simple user, the Client and the service provider and their rights enshrined by the GDPR.

“System” – computing, data storage and transmission equipment, computer program and applications, command sequences and automatic data analysis and processing processes that are used by App_i®.

“Terms and Conditions” – are the rules to which App_i®, the Clients and the end consumers of the Services are bound, contained in this User Agreement and the terms of the Privacy Policy.

“User/Consumer” – every natural or legal person who accesses the directory/website until the moment he/she acquires the condition of Client/Expert and/or wants to know more information and/or hire the services of the Clients/Experts.


“Directory/Website” (of App_i®) – website and its domain, hosting space, page or set of pages, its contents, graphics and other information contained therein, the content of which is managed by App_i®.

“Profile” – page created by Customers/Experts for the purpose of exposing their services to consumers, according to the selection of the desired subscription model

“Subscription” – contractual model that binds App_i® to the Clients/Experts and that, according to the intended model, houses and exposes different levels of information to Consumers.

General Terms and Conditions

1.1 The App_i® directory/website is an online platform where Customers/Experts list their personal and professional information in order to promote their services.


1.2 Each service must represent the satisfaction of a real need of the User/Consumer. App_i® may, at its sole discretion, delete all profiles and/or content published on the platform that do not comply with the terms and conditions or content that may harm the App_i® brand or the image of Clients/Experts as well as the Users/Consumers using the services. .

1.3 Profiles created by Clients/Experts are disclosed directly to Users/Consumers according to the search method chosen by them, within the available options, or, in a general way if the User/Consumer does not use any kind of filtering.

1.4 It is up to the User/Consumer to evaluate and select the profiles of the Clients/Experts as well as the services presented by the Clients/Experts, being the selection, contact and subsequent contract/acquisition of the services of the Professional in question, of their entire and exclusive responsibility.

1.5 App_i®, in its intervention, is limited to promoting the Client/Expert profiles created by Clients/Experts, where the latter will include, at their own responsibility, all the information they wish to be mentioned, according to the subscription model chosen, as well as making those profiles available to Users/Consumers.

Whenever App_i® presents, suggests or indicates a Client/Expert profile to a User/Consumer, it will always be up to the latter, exclusively and ultimately, to contact, receive and accept the proposal and/or decide to contract the services presented by the Client/Expert.

There is no employment or subordination legal relationship between the Client/Expert and App_i®.

1.6 The User/Consumer may even choose not to select any of the Clients/Expert presented and/or contacted by the User/Expert for the presentation of the respective quotes, recognising that App_i® is a third party in the contractually established relationship between the User/Consumer and the Client/Expert, and cannot, nor does App_i® guarantee the Client/Expert’s compliance with the services provided or any transaction that may be agreed between them.

1.7 The information relating to Client/Expert profiles in the directory/website is provided exclusively by the Clients/Experts for the purpose of their professional promotion to the Users/Consumers, with the exception of the assessments and comments which are the sole responsibility of the Users/Consumers.


1.8 Notwithstanding the above, App_i® does not select specific Clients/Experts; being the selection of profiles, contacts and the acquisition of the services proposed by Clients/Experts, the entire responsibility of the Users/Consumers.

1.9. Users/Consumers shall only have the right to evaluate, either by signing or anonymously, the contact made and/or service provided by any Client/Expert whose profile he/she has viewed in App_i®’s directory/website. 

On App_i®, Users/Consumers may leave a “Rating and write a comment” and Clients/Experts will have the right to respond to them by writing a “reply to comment”. The Ratings and Comments reflect the opinion of the Users/Consumers about the Clients/Experts and not the opinion of App_i®. 

The Ratings and Comments are not verified or filtered by App_i®, nor is it your responsibility to verify their accuracy, and they may be incorrect or misleading.

1.10 Reviews and Comments made by Users/Consumers to Clients/Experts must be fair, true and factual and may not contain defamatory or offensive language or terminology. In case of disrespecting this policy, any and all comments may be immediately removed by App_i®.

1.11 Users/Consumers and Clients/Experts are prohibited from manipulating the Ratings & Reviews system in any way, such as by instructing a third party to write a positive or negative Review about another Client/Expert.


1.12 The Clients/Experts agree to include in the directory/website only true and correct information, as well as and whenever necessary according to the service to be promoted, guaranteeing from the moment they register and create their profile, the legal and ethical responsibility of their qualification to provide the services they promote through the App_i® directory/website.

1.13 App_i® is not responsible for the information referred to in the previous number, and the User/Consumer, prior to the selection of the Client/Expert, must evaluate and prove the veracity, correctness and integrity of the same.

1.14 The presentation, by the Client/Expert to the User/Consumer, of fraudulent proposals or false or incorrect documents, under no circumstances may be imputed to App_i®, being the User/Consumer responsible for the selection of the Clients/Experts and the confirmation of the information provided by them.

2. Privacy Policy

2.1 The Privacy Policy is described in detail here.

3. Warranties

3.1 App_i® guarantees the continuous and correct functioning of its directory/website, except in situations where, for reasons beyond its control, such fulfilment cannot be demanded from App_i®.

3.2 Notwithstanding the foregoing, App_i® reserves the right, as owner of the directory/website, to suspend or terminate its operation whenever it deems that justified reasons (whether related to third parties or to its business model) so justify, which, in any case, will be, as soon as possible, communicated to its users.

3.3 When including information, Clients/Experts are obliged to comply with the legislation in force, namely regarding competition, protection of consumer rights, misleading advertising and discrimination. Information of an obscene nature or with indecent content, offensive to good manners and/or pornographic, incentives to violence, as well as references to other sites, of whatever nature, are also prohibited.


3.4 Clients/Experts undertake to ensure that none of the information made available to Users/Consumers via App_i® contains computer viruses, macro viruses, trojans, worms, phishing or anything that causes interference or can interrupt or in any way disrupt the operational procedures of the directory/website and/or a computer.

3.5 You are also prohibited from accessing the system without express authorization, as well as intercepting or clandestinely intercepting data or information of any nature, namely of a personal nature.

3.6 App_i® is not liable for any error, omission, incorrectness or falsity of information transmitted by Clients/Experts to Users/Consumers through App_i®.

3.7 App_i® reserves the right not to use, in any manner and/or remove, any information that violates this User Agreement.

4. Rights and Obligations

4.1 The Client/Expert’s adherence to the Agreement constitutes an agreement between them and App_i®, resulting in rights and obligations for each of the parties, namely:

4.1.1 The Client/Expert is entitled to enjoy the directory/Website under the terms and conditions contained in this User Agreement, with respect to the corresponding privacy policy.

4.1.2 App_i® has the obligation to make available the sharing of the Clients’/Experts’ information concerning them, in profiles to be created by them and, expose them to the Users/Consumers in order to promote the Clients’/Experts’ services.

4.1.3 The Clients’/Professionals’ access to create their profile on the App_i® directory/website depends on the prior purchase of an annual subscription to this effect.

4.1.4 Clients/Experts are obliged to contract their subscription for a minimum period of 12 months, automatically renewable for an equal period except in the case of their renunciation, which must be communicated within a maximum of thirty (30) days until the expiry of the subscription.

4.1.5 Clients/Experts are solely responsible for the content and accuracy of any information provided.


4.1.6 The Clients/Experts agree not to copy, reproduce, modify or in any way use any content of the directory/website, as well as not to use works and requests that have come to their knowledge through this medium for purposes other than the contract negotiated and/or entered into through the contacts provided by the website, as well as agree not to send to third parties or otherwise disclose requests contained in the website, distribute or publicly display any content of the website without prior and express authorization from App_i®.

4.1.7 The Customers/Experts agree not to use the App_i® directory/website, its contents or services for any purpose other than its intended purpose, namely for illicit, illegal or in any way capable of infringing the legally protected rights of others.

4.1.8 Clients/Experts are obliged to provide the services and to execute the works in accordance with the good practices of their respective professional activities and to respect the codes of ethics, deontology and technical regulations that frame them.

4.1.9 Clients/Experts agree not to use any personal data and information of Users/Consumers for any other purpose than the provision of the services requested through the platform and are bound by the confidentiality clauses relating to the same.

5. Liability

5.1 App_i® is not a party, in any capacity, to the contractual relationship established between the Users/Consumers and the Client/Expert, so the latter acknowledges that App_i® cannot be held responsible for any liability, particularly with regard to the execution of the contract and compliance with the contractual duties of the parties, nor the result thereof.  

5.2 Similarly, App_i® shall not be liable for any party’s breach of contract or other non-contractual performance, as well as any loss or damage that may result to any party.

5.3 App_i® makes no representation or warranty as to the reliability, timeliness, quality, suitability or availability of the services provided by Clients/Experts, nor does App_i® guarantee the quality, suitability, safety or capacity of Professionals. It is the responsibility of the User/Consumer to fully bear the risk arising from engaging a Client/Expert, to the fullest extent permitted by applicable law or except as set forth herein.

6. Conflicts

6.1 Conflicts arising from the relationships established between Users/Consumers and Clients/Experts must be reported to App_i®.

6.2 The information collected as a result of the previous paragraph is intended to allow App_i® to refine and update and/or delete information regarding those registered in its directory/website.

7. Penalties

7.1 App_i® has the right to clarify and investigate, on its own initiative and whenever it deems necessary, the complaints it has knowledge of in order to evaluate and decide whether or not the Customers/Experts should remain in its directory/website.


7.2 The use of the directory/website by customers/experts may be suspended for a certain period of time where it is demonstrated that any of their obligations under this user agreement have been breached, in which case the display of customer/expert profiles to Users/Consumers may also be suspended for the same period of time.

The ability to use the directory/website to promote customer/expert profiles may be suspended until such time as it has been confirmed that the issue has been resolved by both the User/Consumer and the Customer/Expert. In the event of the issue not being resolved the Client/Expert profiles may be suspended.

7.3 Clients/Experts can be definitively barred from using the website whenever the violation of the present User Agreement is shown to have been sufficiently serious, either in the function of the behaviour, the means used or the damage caused. App_i® also reserves the right to withhold the subscriptions acquired, in other accounts and/or profiles created, from customers/professionals barred from using the platform.

7.4 App_i® reserves the right to suspend or terminate the service provided by the use of its directory/website to a Client/Expert whenever it suspects that he is violating or intends to violate the provisions of this Agreement or applicable law.

8. Payments

8.1 For the use of the directory/website as a Client/Expert App_i® charges the amounts listed on its page. These rates may be updated and/or changed at any time and App_i® is not liable for the maintenance or otherwise of the stated rates.

8.2 Invoicing at App_i® is done electronically, by a program certified by the Tax Authority, under the applicable legislation (VAT Code and Decree-Law no. 28/2019) and invoices are sent by email.

8.3 Use of the website by Users/Consumers is free.

9. Transitory and Final Provisions

9.1 In the event that any or some of the clauses and provisions of this User Agreement are found to be invalid, the same shall not be used but such invalidity shall not affect the validity and application of the remainder.

9.2 The implicit or explicit breach by a Client/Expert of any provision of this User Agreement shall result in the termination, with immediate effect, of access to the directory/website.


9.3 This User Agreement constitutes the entire agreement between App_i® and the Customer/Experts, superseding all other preceding documents, including communications, exchanges, or other agreements concerning the same content.

9.4 Any communication made under or in connection with the execution or enforcement of this User Agreement may be made via email, regular mail or fax to the contacts listed on the website and the information collected from Consumers/Users.

9.5 Any changes to the terms of this User Agreement must be in writing and brought to the knowledge of the counterparty, being assumed the acceptance of the same if, after being aware of them, the use of the directory/website is maintained.

10. Applicable Law and Jurisdiction

This User Agreement is governed by Portuguese Law.

For the resolution of any conflict arising from this User Agreement, the competent court is the district of Loulé, with express waiver of any other.