TERMS OF USE

TERMS AND CONDITIONS

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These Terms of Use, together with any acceptable use policies or guidelines posted on Humanprofile.pt, and our Privacy Policy govern your access to and use of Humanprofile.pt and any mobile applications related to the Humanprofile.pt brand that we may make available from time to time. These Terms are a legally binding contract between you and us. Please read these terms carefully. By using the Service, you signify your acceptance of this Agreement and agree to be bound by all of its terms and conditions. If you do not agree to all of the terms and conditions of this Agreement, you will not be entitled to use the Service. If these terms and conditions of use are considered an offer by us, acceptance is expressly limited to the terms and conditions set forth in this Agreement. If we have previously prohibited you from accessing or using the Service, you are not authorized to access or use the Service.

Definitions. “Use” means engaging in any of the following activities: accessing, viewing, engaging with, browsing the Service or its Content.

“User” means any person or entity who engages in any Use. “Content” means any material, content or form of input or communication on the Service, such as text, audio and personality exercises and visuals, such as images, videos and photos.

Eligibility. You represent that you are over 18 years of age or have the consent of your parent or legal guardian to enter into this Agreement, and that you are fully able and competent to enter into this Agreement and comply with its Terms. In any event, you represent that you are over the age of 18, as the Service is not intended for individuals under the age of 18. If you are under 18 years of age, do not use the Service. Users who are accessing the Service on behalf of a company, entity or organization must be authorized representatives of such company, entity or organization that meets the aforementioned eligibility requirements. Authorized representatives agree to bind such company, entity or organization to this Agreement and represent and warrant that they have the authority to do so.

Changes to the Agreement. This Agreement may be modified from time to time. Notification of these modifications will be made by posting an updated version on this web page. Be sure to revisit this Agreement frequently in order to remain aware of any modifications, as they will be automatically binding on you as a User. Any modifications to this Agreement will take effect immediately upon publication. Your continued use of the Service following the posting of modifications serves as an indication of your acceptance of the modifications and your agreement to abide by them.

Account creation and safekeeping. When you create an account on our Service (“Account”), we require you to provide information about yourself, which may include, but not necessarily be limited to, your e-mail address and a password (“Account Information”). You agree to provide accurate, current and complete information during the registration process and to update your information to keep it accurate and complete if it changes. You are solely responsible for safeguarding your Account Information and/or any login credentials for any third party account. You are solely responsible for all activities that occur under your Account and will notify us immediately of any unauthorized use. We will not be liable for any loss, damage, liability, expenses or fees you may incur as a result of someone else using your Account or login credentials, with or without your knowledge and/or authorization, and regardless of whether or not you have advised us of such unauthorized use.

Service availability and access restrictions. We reserve the right to make updates, revisions and modifications to the Service at any time, for any reason, at our discretion. The Service may be discontinued at any time without notice, liability or responsibility. We reserve the right to use any means reasonably necessary to prevent unauthorized access to the Service. We are not responsible for monitoring any User. However, if we have reason to suspect that the Agreement has been breached, we reserve the right to investigate the incident and the Users involved, block Users from the Service and/or refer matters to law enforcement authorities.

Ownership. The Service and its Content are our property and/or the property of our affiliates and licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. We reserve all rights not expressly granted in the Service and the Content. You must comply with all applicable laws and regulations in connection with your Use of the Service. If this Agreement is not applicable where you are located, you may not use the Service. If you provide us with any feedback, comments or suggestions about the Service (“Feedback”), you represent and warrant that: (a) you have the right to provide us with such Feedback, (b) such Feedback does not violate the rights of any other person or entity and (c) the Feedback does not contain the confidential or proprietary information of any third party. By submitting any Feedback to us, you further grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback without any compensation or other obligation to you.

Use of the service and restrictions on use. You are granted permission to access and use the Service for your personal and commercial use. This is a grant of a license, not a transfer of ownership. This license will terminate automatically if you violate any of the restrictions contained in this Agreement. This license may also be terminated by us at any time. You agree to comply with the terms and conditions of this Agreement and all applicable local, national and international laws and regulations. You agree that you will NOT participate in or engage in, encourage or assist others to participate in or engage in, directly or indirectly, any of the following activities:

• Modify, reproduce or copy the Service or Content; attempt to decompile, disassemble, distribute, translate, adapt or reverse engineer any software, Content or elements contained in the Service or create any derivative work thereof; remove any copyright or other proprietary notations from the Service; transfer the Content to another person or “mirror” the Content on any other server.
• Use the Service as a means to harass, or advocate harassment of, another person or entity, or to threaten, stalk, defraud or interfere with another User’s use of the Service.
• Impersonating any person or organization, or providing false information in the records.
• Use the Service for commercial or promotional purposes, unless expressly permitted in advance and in writing by us.
• Use the Service to crack passwords or security encryption codes, disrupt, circumvent or interfere with security measures, or otherwise use the Service for any purpose that interferes with security or causes damage to the Service or Content.
• Use the Service or Content as a means of transmitting destructive items, such as viruses, worms, Trojan horses or any devices, software or routine designed to interfere with the proper working order of the Service, or perform data mining of the Service.
• Attempt to access, index or retrieve Content or the purpose of populating another database through the use of any automated device, robot, spider or site search/retrieval application.
• Attempt to gain unlicensed admission to the Service or any of its computer systems or networks connected thereto by hacking, password mining or any other illegal or unethical means.
• Reformat or frame any part of the Service.
• Imposing an unreasonable or very large load on the Service’s infrastructure, or making unnecessary traffic demands.

Payment

Cancellations. By providing us with payment information, you agree that the payment information is valid and is in your name or in the name of an individual who has authorized you to use their payment information for the Service, and that you agree to pay the fees and charges indicated.

Refund policy. If you request a refund within 30 days of your initial purchase, you will receive a full refund. As soon as we receive your refund request, we will send you an e-mail to notify you and we will do our best to resolve any problems within 24 hours. Refund requests can be made via the e-mail address contacto@humanprofile.pt. If you provide someone else’s payment information, you agree that we may refund the payment to that person and that this may interrupt or terminate your access to the Service.

Credit card billing. Credit card payments are processed by our third-party payment processor. If any fees are not paid in a timely manner, or if we are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Service. You will be responsible for paying all past due amounts. If your payment details change, your card provider may provide us with updated card details. We can use these new details to help avoid any interruption of services. If you prefer not to participate in this service, please contact our Customer Service team. If you wish to use a different payment method or if there is a change to your payment method, please visit the Account page to update your billing information.

Termination
We reserve the right to suspend or revoke (temporarily or permanently) your Use of the Service at any time and for any reason, without notice or liability. We may terminate this Agreement at any time. We will provide you with a pro-rata refund for any remaining unused days in the current billing cycle, unless we have terminated your access to the Service or your Account as a result of your breach of any of the terms of this Agreement. If we suspect that you have violated any provision of this Agreement, we may also pursue any other legal remedies available to us. Your rights under this Agreement will automatically terminate if you breach any part of this Agreement. You remain solely responsible for all obligations related to your Use, even after you have stopped using the Service. You may discontinue your use of the Service at any time.

Warranties, Disclaimers and Limitations of Liability

1. NO WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, IS MADE BY US AS TO (1) THE SERVICE OR ITS OPERATION OR FUNCTIONALITY, (2) SECURITY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY. ADEQUACY, RELIABILITY, LIKELY RESULTS AND/OR ACCURACY OF ANY CONTENT, INFORMATION OR MATERIAL ON THE SERVICE, OR (3) ANY PRODUCTS OR SERVICES PROMOTED, DISTRIBUTED OR SOLD ON OR THROUGH THE SERVICE. THE SERVICE, AND ALL OF ITS CONTENT, IS PROVIDED ON AN “AS IS” BASIS.
2. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE SERVICE AND CONTENT, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
3. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, PARENTS, SUBSIDIARIES, MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS, REPRESENTATIVES OR AGENTS (COLLECTIVELY, “AFFILIATED PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, CONTENT, THIS AGREEMENT OR THE PRODUCTS AND SERVICES AVAILABLE ON THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
4. OUR TOTAL MAXIMUM LIABILITY (AND THAT OF OUR AFFILIATED PARTIES) FOR ANY CLAIM RELATING TO THIS AGREEMENT, THE SERVICE AND THE CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE AMOUNTS PAID BY YOU FOR THE USE OF THE SERVICE DURING THE (1) PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
5. THE ABOVE ALLOCATION OF RISKS IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE AGREEMENT BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS OF THIS SECTION 10 APPLY EVEN IF ANY LIMITED REMEDY DOES NOT FULFILL ITS ESSENTIAL PURPOSE.
6. THE SERVICE IS CONTROLLED AND OFFERED BY US FROM OUR PREMISES.

Indemnification. You will indemnify, defend and hold us and our officers, directors, subsidiaries, affiliates, licensors, suppliers and agents, and the officers, employees, agents and representatives of each of them, harmless from and against any and all costs, liabilities, obligations, damages, losses, debts and expenses (including reasonable legal fees and costs) arising out of or relating to: (i) your Use of the Service and/or (ii) your breach of any of the terms and conditions of this Agreement. You may not settle any claim without our prior written consent.

Third Party Content and Terms. You may find links to other websites, products, services, advertisements or media (“Third Party Services”) on the Service. Please be aware that no Third Party Service is endorsed, supported or controlled by us. You agree that responsibility for Third Party Services, including their content, privacy policies and practices, rests solely with the owners and operators of such Third Party Services and not with us. By using the Service, you expressly release us from any and all liability arising from your Use of any Third Party Service. If you use any social sharing features available on the Service (for example, functionality that allows you to share Content on or from the Service with a social network or platform), you agree to comply in all respects with the terms of use, policies and rules of the social network or platform (collectively, “Platform Policies”). You are solely responsible for adhering to all applicable Platform Policies.

Class Action Waiver. You and we agree to bring any dispute only individually, and not as a class or collective action. There shall be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action.

Agreement to Receive Electronic Communications. By creating an account, you agree to receive notices from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications in such a way that they remain accessible to you unchanged. You agree to keep your e-mail address information up to date.

Miscellaneous. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries of this Agreement. The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. This is the entire agreement between the parties with respect to the subject matter hereof and shall not be modified except in a writing signed by both parties or by a new posting by us as described above. This Agreement does not give you the authority to bind us in any way. No waiver shall be constituted by reason of a failure on our part to exercise or enforce any of the rights or provisions described in this Agreement. If any part of these terms is unlawful, void or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. You must not assign this Agreement. Any assignment made in breach of this Agreement shall be void. We reserve the right to transfer or assign this Agreement without restriction. You agree that regardless of any statute or law to the contrary, any claim or cause of action against us arising out of or in any way related to this Agreement or the Service will be brought within one (1) year after such claim or cause of action arose or be forever barred. All notices to us relating to this Agreement must be in writing and will be deemed to have been received two (2) business days after the day on which they are received by email to contact@humanprofile.pt.