Terms and Conditions - HSC - Healthy Smart Cities

HSC – Healthy Smart Cities, Lda.

Rua das Infestas, number 335

4520-022 Escapães, Santa Maria da Feira, Portugal

www.healthysmartcities.pt

All contents of this platform, such as texts or images, are protected and cannot be reproduced or made available in part or in full without the written authorization of HSC – Healthy Smart Cities, Lda.

Terms and Conditions of Use

Welcome to HSC – Healthy Smart Cities, Lda.

Thank you very much for visiting our platform and using our services. The Polis – Healthy Smart Cities platform (“Platform”) consists of (1) Polis – Healthy Smart Cities computer application, (2) the website http://www.saudepolis.pt/ (3) the products, the programs (“Polis Health Program”) and the services associated with the application and the website. The Platform is provided by HSC – Healthy Smart Cities, Lda, headquartered at Rua das Infestas, number 335, 4520-022 Escapães, Santa Maria da Feira, Portugal.

Please read the Terms and Conditions of Use before using our Platform services. By using the Platform, you implicitly declare that you accept these terms and conditions.

Conditions for using the Platform

1.1. Platform User Agreement

This User License Agreement (the Agreement) is entered into between you (“User”) and HSC – Healthy Smart Cities, Lda. relating to the use of the Platform. You declare that you are aware of this agreement.

Viewing and downloading content from this platform is only permitted for private and non-commercial purposes.

Conditions may be changed at any time by HSC – Healthy Smart Cities, Lda., without prior notice. The new conditions will be automatically considered accepted by you if you continue to use the Platform.

HSC – Healthy Smart Cities, Lda. reserves the right to change or terminate the Platform or the offer of products contained therein without prior notice.

HSC – Healthy Smart Cities, Lda. reserves the right, at any time and periodically, to change without prior notice any information, material or content included or provided through the Platform.

1.2. Limitation of Liability

We always do our best to ensure that the information on our Platform is accurate and up to date.

You bear the full cost of any damage caused by the use of the Software and the information contained or compiled therein. To the extent permitted by law, under no circumstances will HSC – Healthy Smart Cities, Lda. be liable for any damages, including, without limitation, damages for loss of data, damage to equipment, hardware or failure of the Software or other financial loss, arising out of the use or inability to use the Software, even if such party has been advised of the possibility of such damage.

HSC – Healthy Smart Cities, Lda. does not guarantee or represent that the information or functions contained in the Software meet your requirements nor does it warrant that all software errors, defects or inefficiencies will be corrected. HSC – Healthy Smart Cities, Lda. does not assume any responsibility for failure to support services and to correct any error, defect or inefficiency. Under no circumstances will HSC – Healthy Smart Cities, Lda. be responsible for any indirect, special, incidental damages suffered by the User or third parties, including or resulting from this agreement. HSC – Healthy Smart Cities, Lda. cannot be held liable to the User for damages in excess of the amount paid for the subscription to access the Platform.

HSC – Healthy Smart Cities, Lda. assumes no responsibility in the following cases:

internet connection failure or delays
inaccessibility of the Platform (e.g. due to technical problems or after maintenance work)
accuracy, completeness, timeliness of the Platform
accuracy, completeness, up-to-date versions of the products presented on the Platform, nor for their suitability for certain purposes or damage caused by using the Platform, especially by malicious software (viruses, trojans, or others).

HSC – Healthy Smart Cities, Lda. assumes no responsibility for the contents of other pages to which HSC – Healthy Smart Cities, Lda. is connected via hyperlinks; their use is entirely the responsibility of the user.

The products and materials presented on our Platform are proposed without any guarantees, conditions or legal guarantees regarding their accuracy and functionality. For this reason, we exclude, to the fullest extent permitted by law and for us and all companies linked to the corporate group, the following:

any rights to the provision of the legal guarantee or other regulations or conditions that may be considered implicit in the use of the Platform
any liability for direct, indirect or consequential damages that may be caused to the User, in any way whatsoever, related to the use of the Platform, its lack of availability or the use of a website to which our Platform is linked by hyperlinks.

1.3. Intellectual property rights

All content on our Platform (especially text, graphics, logos, button icons, images, audio clips, etc.) is protected by intellectual property rights. The contents cannot be reproduced, imitated, publicly presented or used in any other way without the prior consent of HSC – Healthy Smart Cities, Lda. Disclaimers of copyright, fonts and brand designations may not be altered or deleted.

You are not allowed to copy, reproduce, publish, resend, sell or imitate and/or use Platform contents for public or commercial purposes without the written consent of HSC – Healthy Smart Cities, Lda.

If you register ideas or suggestions on the Platform, HSC – Healthy Smart Cities, Lda. is authorized to use them free of charge to develop, improve and market its products.

1.4. User obligations

As part of the use of the Platform, you may not:

act unethically,
transfer malicious software (viruses, trojans or others),
introduce, memorize or send hyperlinks or content for which you do not have the respective rights, especially if these hyperlinks or these contents infringe responsibilities to maintain secrecy or are unlawful or
propagate advertising or unsolicited e-mails (so-called “spam”) or false warnings of the existence of viruses, malfunctions or other similar situations, nor invite you to participate in games of chance, “snowball” systems, chain games cards, pyramid games and other similar actions.

HSC – Healthy Smart Cities, Lda. has the right to block access to the Platform at any time, especially if you fail to comply with the obligations set out in these terms and conditions.

Upon registration, you undertake to provide correct data. The confidentiality applicable to access data is your responsibility. Registration by a third person or legal representative is not allowed.

You undertake to provide personalized and updated information about yourself, either by filling in the information fields or through the individual and non-transferable reading carried out by the sensors associated with the platform.

1.5. Signing up

To sign up on the Platform you need to register and introduce the required personal data in a form. For unambiguous identification of the user, we provide a registration code at the time of admission to the Polis Health Program, which produces a single registration, duly validated by HSC – Healthy Smart Cities, Lda. allowing you full access to the Polis – Healthy Smart Cities computer application.

You cannot claim the right to be accepted for registration by HSC – Healthy Smart Cities, Lda.

At any time, HSC – Healthy Smart Cities, Lda. may revoke authorization and access, by blocking access data, without the need to specify reasons, particularly in cases where you

have provided false data for registration
acted against these terms and conditions or your duty of care in the use of your access data
have violated applicable laws by accessing or using the website.

1.6. Termination and cancellation of the user account by the user

You can cancel your account at any time, contacting saudepolis@saudepolis.pt. This means that the personal data kept by HSC – Healthy Smart Cities, Lda. will be deleted. Termination has no influence on the rights of HSC – Healthy Smart Cities, Lda. concerning the content made available on the Platform.

1.7 Legal Notice and Clinical Information

The Platform is not a substitute for healthcare professionals and is not intended to provide medical advice. The Platform is produced for the purposes of personal literacy and self-care support and should not be used as a substitute for individual healthcare. The Platform is generic in nature and is not intended to be a substitute for clinical practice or professional medical advice, clinical opinion, diagnosis or treatment, symptom assessment, health advice or medical opinion for end users.

You should always seek advice from a suitably qualified and regulated healthcare professional. You must never disregard or put off seeking advisory advice because of something you read or see in the software. Reliance on any information produced by the Platform is assumed solely at the risk and expense of the end user, who recognizes his full responsibility for the use of the information.

Specific terms and conditions of the application Polis – Healthy Smart Cities

2.1. Using the Downloaded Software

HSC – Healthy Smart Cities, Lda. grants you a limited, non-exclusive, personal, revocable, non-sublicensable, non-transferable license to install and use one copy of the specified version of the Software (IOS, Android), conditioned upon your payment of applicable license fees and your compliance with the terms and conditions of this Agreement.

The Software is licensed, not sold, so HSC – Healthy Smart Cities, Lda. and/or its licensor(s) retain ownership of the Software. All rights not expressly granted in this Agreement are reserved to HSC – Healthy Smart Cities, Lda. You may not make the software available over a network where it could be used by multiple fixed or mobile computing devices at the same time.

2.2. Membership and access

Signing up to the APP is carried out by registering under the same terms as the Platform.

Access to our software in the download area requires prior registration. Upon registration, you undertake to provide correct data. The confidentiality applicable to access data is your responsibility. You are not allowed to use someone else’s user account data. HSC – Healthy Smart Cities, Lda. cannot and will not assume any responsibility for any loss or damage that the breach of this obligation may cause.

The password is set by yourself. Acceptance of the password and the number of characters to be used are determined in accordance with our technical specifications. The name you choose cannot infringe third party rights or legal regulations and cannot be offensive or hurt the feelings of other users. It is your obligation to keep your password confidential and not pass it on to third parties.

HSC – Healthy Smart Cities, Lda. may revoke authorization and access at any time, by blocking access data, without specifying reasons, particularly in cases where you

have provided false data for registration
acted against these terms and conditions or your duty of care in the use of your access data
have violated applicable laws by accessing or using the website.

2.3. Hyperlinks

Duration

These Terms and Conditions come into force on the date of access by you and remain in force indefinitely and/or until you are notified of any changes to them.

Final provisions

4.1. If any of the provisions of these Terms and Conditions is deemed null or in any way invalid, or if the enforceability of any provision of these Terms and Conditions is in any way limited by a court or other competent entity for the purpose, such nullity, invalidity or unenforceability will not affect the validity and enforceability of the remaining provisions.

Applicable law

This Terms and Conditions will be governed by, and interpreted in accordance with Portuguese law. For this purpose, the legally binding text is the Portuguese version of this document.

Date of last update: 06 March, 2023