The present Term of Use has as main objective to regulate the conditions of provision of FineShape services to Users.
FineShape is an online Body Evaluation platform designed to assist professionals in monitoring their clients, through which the User can access their data on their smartphone, tablet or computer.
User is any and all natural persons who accept the conditions of provision of the services listed in this Term of Use, understanding the inherent rights and obligations.
By accepting this term, the User declares that he/she is fully civilly capable and, if not, had his/her incapacity supplied by means of assistance of his/her responsible one by agreeing to the conditions here exposed.
For the purposes of these terms of service, a FineShape sub-website should be considered as any website that is part of the service offer and to which these terms of service refer as the terms that govern the use of such websites.
For the purposes of these Terms of Service, the use of the term "associate our Company's brand" means to expose name, logo, trademark or other means of attribution or identification in a font that gives the user the impression that such font has the right to expose, publish or distribute this website or the content made available by it.
To access FineShape features, you will need to create an account. You will never be able to use someone else's account without permission. When creating your account, you must provide accurate and complete information.
The User may sign up for the FineShape for free through the Free plan, opting, if desired, for the Bronze, Silver or Gold plans, which allows the collection of monetary value due to the benefits added to this type of account.
FineShape reserves the right to start charging for services provided in the Bronze, Silver or Gold Plans, upon prior notice that allows the User to choose whether or not to proceed with the use of the platform.
You are solely responsible for the activity that occurs on your account, so it is recommended that the User use a secure access password, inserting upper and lower case characters, numbers and symbols, and it is your sole responsibility to keep the secret about it.
You must notify FineShape immediately of any breach of security or unauthorized use of your account.
Although FineShape is not responsible for losses caused by any unauthorized use of your account, you may be liable for the loss of FineShape or others due to such unauthorized use.
FineShape provides 04 (four) types of plans for using the platform, the Free Plan for testing purposes and the Bronze, Silver and Gold Plans according to the benefits that the User wishes to have access, available on the website
The benefits of each plan may be modified, upon prior notice to the User, through publication on the platform itself or by e-mail, presenting the new conditions.
The User is solely responsible for all data and information he enters into his account, and FineShape is not responsible for verifying its veracity.
You accept sole responsibility for all of your activities when using the platform, including your behavior on the website and any and all content that you may send, post or share through the Website.
You will not use the FineShape service for any illegal or unauthorized purpose. You will also not upload or transmit viruses, worms or any other destructive code.
You will be responsible for ensuring that you do not violate the laws of your jurisdiction, including, without limitation, copyright laws.
FineShape may contain third party content and links to third party websites that are not owned or controlled by FineShape. FineShape has no control over, nor assumes any responsibility for, the content, privacy policies or practices of any third party content or websites or any of their content. By using the Website, you expressly exempt FineShape from any and all liability arising from your use of any third party website.
Although FineShape makes every effort to improve the experience and the way of storing data, it is not possible to guarantee that the registered information will be available during the entire time of using the platform, being possible that they will be deleted, eventually, without prior notice. As a result, it is the sole responsibility of the User to keep a copy of all data and reports issued by FineShape that he wishes to keep.
FineShape will not be responsible, regardless of which plan the User chooses, under any circumstances for any damages resulting from:
FineShape will not be held responsible in any event for the User's decision making based on any report or data issued by the platform, since it is not their obligation to deliberate on the User's choices.
It is the duty of users, when using the platform (web and mobile), to always follow good faith in civil relations, following the provisions and legislation, regulations, ordinances and other legal rules in force, for example not being allowed:
FINESHAPE, ITS AFFILIATES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, ADMINISTRATORS AND DIRECTORS SHALL NOT BE RESPONSIBLE FOR ANY EVENTUAL, DIRECT, INDIRECT, PUNITIVE, EXCLUSIVE, CONSEQUENTIAL, CONSEQUENTIAL, EXCLUSIVE, CONSEQUENTIAL, EXCLUSIVE, CONSEQUENTIAL, EXCLUSIVE, EXCLUSIVE, TYPE, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL OR SIMILAR STRESS EVEN IF THE COMPANY HAS ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
THE COLLECTIVE RESPONSIBILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, ADMINISTRATORS AND DIRECTORS IN CONNECTION WITH THIRD PARTIES UNDER ANY OTHER TYPE OF THE OTHER TYPE OF THE OTHER SUCCESS. THE AMOUNT OF (€ 100.00) OR THE AMOUNT PAID TO THE COMPANY FOR SUCH CONTENT, PRODUCT OR SERVICE WHICH THE QUESTION HAS BEEN RAISED.
If the User chooses one of the Bronze, Silver or Gold Plans, the value of the service may vary according to the periodicity of the plan, monthly or annual, available at the time of payment and may be paid via credit card or bank slip according with the options available on the payment platform.
The service of the Bronze, Silver or Gold Plans will be released when FineShape verifies the payment of the amount, and this verification can extend for up to 02 (two) business days.
In the event of any liability for FineShape, the amount to be paid by it will not exceed the amount paid by the User for using the platform.
FineShape offers an unconditional 30-day warranty, that is, after confirmation of payment the user can cancel his subscription within the next 30 days with the right to a full refund of the amount paid.
To request cancellation just send an e-mail to (firstname.lastname@example.org) with the subject "cancellation". The cancellation will be processed within 3 working days, provided that the request of cancellation is within the validity of the 30-day guarantee.
After the subscription cancellation is processed, your FineShape account will be activated with the previous plan the subscription that was cancelled.
If the 30-day unconditional guarantee has expired, your plan will remain active and available for use until the subscription expiration date.
FineShape subscription renewal is not automatic. In the last 30 days of the subscription, the User will be notified by e-mail about the renewal and from that moment on he may or may not renew his plan, and may even change his plan.
To perform the renewal the User will need to access their FineShape account and follow the instructions that will be available on the home screen.
If the User chooses not to renew his Bronze, Silver or Gold subscription after the end of the plan, the exclusive features will be automatically disabled, in the same way, the information issued by the platform may be deleted regardless of prior notice.
All industrial rights related to the FineShape platform, such as: operations, software, hardware, domain, logos, badges, logos, page and advertising design, structure, content and information, tools, symbols and expressions that characterize FineShape services they are entirely owned by this company, and users are not granted any extension of use, only being made possible in case of prior authorization, express and in writing, of the legal representatives of the company.
Under no circumstances will FineShape be held responsible for any delay or failure on this Website and / or any of the services and / or information on the website, directly or indirectly resulting from, arising out of, related to or in connection with events that are beyond reasonable control FineShape, including, without limitation, Internet outages, equipment outages, power outages, strikes, labor disputes, riots, rebellions, civil disorder, lack of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, government actions, court orders, agencies or courts or non-execution by third parties.
The provisions of this paragraph are in addition to, and are not intended to limit or modify, the limit of the "Limitation of Liability" section, as stated above.
FineShape may modify, at any time, the terms of this agreement, with prior notification of changes to the User through publication on the platform itself, presenting the new terms and always guaranteeing a reasonable and sufficient time for its validity.
If any or some of the clauses or provisions of this term is considered invalid, it will not be used, but such invalidity does not affect the validity and application of the rest of the provisions.
The explicit violation or not of any provision of this term by the User determines the interruption, with immediate effects, of access to the platform.
This term constitutes the entire agreement between FineShape and Users, replacing all other previous documents, including communications, exchanges of intentions or other types of agreements regarding the same content.
Changes to the terms of this User Agreement will be written and made known to the User, assuming acceptance if, after taking note, the use of the website continues.
It is stipulated that any and all communication will be made through the email email@example.com, through the website https://www.fineshape.com.br or directly through the platform, in the field made available for contact with FineShape , with the user being entirely responsible for the information inserted therein.
This document is in full compliance with the legislation at the time of the user's accession, electing the forum of the city of Leme, in the state of São Paulo, to resolve any doubts or disputes arising from the instrument.
Last update: May 24, 2020.
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