Welcome to the wellness of modernity, welcome to pH7

Terms and Conditions

Doctors and Prescription

May 2023

Key Principles

  • These Terms and Conditions apply to pH7’s mobile applications and/or websites in Portugal.

  • The App(s)/Website(s) Services enable you to request services from Medical Practitioners and Pharmacies, which act as Third Party Providers. These services are facilitated through pH7’s mobile applications and/or websites in Portugal.

  • For Third-Party Services, you are contracting directly with Third-Party Providers and pH7 acts merely as an online platform.

  • pH7 acts as a Service Provider for the medical appointment booking service

  • For pH7 Provided Services, you may be required to accept the separate agreement(s)which govern your use of those services.

  • Please read these Terms and Conditions carefully. They include information about our services, your rights, and other important information.

About Us

We are TETRODAXOL UNIPESSOAL LDA, a private limited liability company established in Portugal, registered at the Portuguese Chamber of Commerce under the number 516762184and having its offices at Office R. Padre Américo N 7 B 1 D to 1600-548 LISBOA. You can contact us at pH7.com/help.

1. Introduction 1.1 Purpose of the Terms and Conditions These Terms and Conditions (the "Terms") govern the access and use of the pH7 platform (the "Platform") by individuals seeking healthcare consultations, prescriptions, or related services (referred to as "Patients"). The Platform serves as a technology facilitator, connecting Patients with licensed healthcare professionals ("Healthcare Professionals") and pharmacies to enable secure consultations, the issuance of prescriptions, and the fulfilment of medications. By registering on or using the Platform, you agree to comply with these Terms. These Terms are designed to: Ensure the secure and efficient use of the Platform. Clearly define the responsibilities of Patients, the Platform, and Healthcare Professionals. Protect the integrity and functionality of the Platform. If you do not agree to these Terms, you are not authorised to use the Platform. 1.2 Definitions For the purposes of these Terms, the following terms shall have the meanings assigned to them: "Platform": The software application and associated services developed and operated by pH7, facilitating communication between Patients, Healthcare Professionals, and pharmacies. "Patient": Any individual registered on the Platform to seek healthcare consultations, prescriptions, or related services. "Healthcare Professional": Any licensed medical practitioner, including General Practitioners (GPs), using the Platform to provide consultations and issue prescriptions. "Consultation": An interaction between a Patient and a Healthcare Professional via the Platform, including video, audio, or text communication, for the purpose of medical advice or treatment. "Prescription": A medical prescription issued by a Healthcare Professional through the Platform, which may be fulfilled by pharmacies integrated with the Platform. "Pharmacy": An independent entity responsible for the fulfilment of prescriptions issued through the Platform. "User": Any individual interacting with the Platform, including both Patients and Healthcare Professionals. 2. Acceptance of Terms 2.1 Agreement to the Terms and Conditions By accessing or using the Platform, you ("Patient") confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. Your use of the Platform constitutes a legally binding agreement between you and pH7. If you do not agree to these Terms, you must discontinue your use of the Platform immediately. 2.2 Eligibility to Use the Platform Personal Use Only: The Platform is intended solely for personal, non-commercial use by Patients seeking healthcare consultations and related services. You may not use the Platform on behalf of another individual unless you are their legal guardian or have explicit legal authority to do so, which must be disclosed during registration. Medical Responsibility: By using the Platform, you acknowledge that Healthcare Professionals providing consultations are independent practitioners who are solely responsible for the medical advice, diagnosis, and treatment they provide. pH7 acts as a technology facilitator and is not responsible for any clinical decisions or patient outcomes. 2.3 Legal Age and Jurisdiction Requirements Age Requirement: To register on or use the Platform, you must be at least 18 years of age or the legal age of majority in your jurisdiction. For minors or individuals unable to consent, a parent, guardian, or authorised legal representative must provide consent and oversee the use of the Platform. Jurisdictional Requirements: The Platform is available only in jurisdictions where its services comply with applicable laws and regulations. By using the Platform, you confirm that you are located in a jurisdiction where such use is lawful. You are responsible for ensuring that your use of the Platform complies with the laws of your jurisdiction. 3. Registration and Account Setup 3.1 Creating an Account Registration Requirement: To access the services provided through the Platform, you must create an account by completing the registration process and agreeing to these Terms. During registration, you will be required to provide specific personal information, including but not limited to your full name, date of birth, contact information, and, where applicable, relevant health details. Single Account Policy: You may create only one account for personal use. Duplicate accounts or accounts created with false information are prohibited and may result in termination of access to the Platform. 3.2 Verification Process Identity Verification: pH7 may require you to verify your identity to ensure compliance with applicable laws and regulations. This verification may include providing government-issued identification, proof of address, or other supporting documentation. Right to Deny Registration: pH7 reserves the right to deny registration or deactivate accounts at its sole discretion if identity verification fails or if there is evidence of misuse or fraudulent activity. 3.3 Security of Account Credentials Responsibility for Security: You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You must not share your login details with anyone or allow unauthorised access to your account. Reporting Unauthorised Access: If you suspect that your account has been compromised, you must notify pH7 immediately at [ ]. pH7 is not responsible for any loss or damage resulting from unauthorised access to your account due to your failure to maintain security. 3.4 Accuracy of Information Provided Obligation to Provide Accurate Information: You agree to provide accurate, complete, and up-to-date information during registration and throughout your use of the Platform. Any intentional provision of false or misleading information may result in the suspension or termination of your account. Updates to Information: You are responsible for promptly updating your account information to reflect any changes, including contact details or health-related information relevant to consultations. 4. Use of the Platform 4.1 Permitted Use Purpose of Use: The Platform is provided exclusively to enable Patients to: Schedule and participate in healthcare consultations with licensed Healthcare Professionals. Receive medical advice, diagnoses, and prescriptions where appropriate. Access services for prescription fulfilment through connected pharmacies. Use of the Platform for any other purpose is strictly prohibited. Personal Use Only: The Platform may only be used for your personal healthcare needs or, where applicable, on behalf of a minor or dependent for whom you are legally authorised to act. Compliance with Laws: You agree to use the Platform in compliance with all applicable laws, regulations, and professional standards in your jurisdiction. 4.2 Access to Healthcare Professionals Independent Healthcare Professionals: The Platform facilitates access to independent licensed Healthcare Professionals. These professionals are not employees or agents of pH7, and they are solely responsible for the medical advice, diagnoses, and treatments they provide. No Guarantee of Availability: pH7 does not guarantee the availability of specific Healthcare Professionals or any minimum response times for consultations. 4.3 Scheduling Consultations Booking Process: Consultations must be scheduled through the Platform’s booking system. Confirmation of an appointment is subject to the availability of the selected Healthcare Professional. Payment Requirements: All applicable fees for consultations must be paid in advance through the Platform unless otherwise specified. Rescheduling and Cancellations: You may reschedule or cancel a consultation in accordance with the cancellation policy provided during the booking process. Late cancellations or missed appointments may incur fees. 4.4 Prohibited Activities Misuse of the Platform: You agree not to: Use the Platform for fraudulent, unlawful, or unauthorised purposes. Impersonate any person or misrepresent your identity, health conditions, or authority to act on behalf of another individual. Interfere with or disrupt the proper functioning of the Platform, including introducing viruses or malicious code. Unlawful Behaviour: You are prohibited from: Recording, distributing, or reproducing consultations without the express consent of the Healthcare Professional and pH7. Soliciting or contacting Healthcare Professionals outside the Platform for medical services initially accessed through the Platform. Sharing your account or allowing third parties to access the Platform on your behalf without proper authorisation. Breach Consequences: Any breach of these prohibitions may result in immediate suspension or termination of your account, as well as potential legal action. 5. Services Provided 5.1 Overview of Platform Services The Platform is a technology-based solution designed to facilitate secure and efficient interactions between Patients, licensed Healthcare Professionals, and pharmacies. Through the Platform, Patients can: Schedule and participate in consultations with Healthcare Professionals. Receive medical advice, diagnoses, and prescriptions where deemed appropriate by the Healthcare Professional. Access prescription fulfilment services through connected pharmacies. 5.2 Role as a Technology Provider Facilitator, Not a Medical Provider: The Platform acts solely as a technology provider and facilitator. pH7 does not provide medical advice, diagnoses, or treatment. All medical services are independently provided by licensed Healthcare Professionals who are solely responsible for their clinical decisions and patient outcomes. No Endorsement or Guarantees: pH7 does not endorse, guarantee, or warrant the quality, accuracy, or appropriateness of medical services provided by Healthcare Professionals. The inclusion of a Healthcare Professional on the Platform does not imply any endorsement of their credentials, skills, or suitability. 5.3 Facilitation of Consultations Secure Communication: The Platform provides secure video, audio, and text-based communication channels for consultations between Patients and Healthcare Professionals. Patient Responsibility: Patients are responsible for providing accurate and complete information during consultations to enable Healthcare Professionals to make informed clinical decisions. Consultation Records: The Platform securely stores records of consultations, which may be accessed by Patients and Healthcare Professionals in accordance with applicable privacy and data retention policies. 6. Fees and Payments 6.1 Consultation Fees Fee Disclosure: Fees for consultations with Healthcare Professionals are displayed on the Platform during the booking process. Patients are required to review and accept these fees before confirming a booking. Prepayment Requirement: All consultation fees must be paid in advance to secure an appointment with a Healthcare Professional. Variable Fees: Consultation fees may vary depending on factors such as the type of service, duration of the consultation, or the Healthcare Professional's rates. 6.2 Payment Methods and Billing Accepted Payment Methods: The Platform accepts payments through authorised payment gateways, including credit cards, debit cards, and other methods specified on the Platform. Secure Transactions: All payments are processed securely through third-party payment providers. pH7 does not store full payment card details on its systems. Billing Statements: Patients may access billing statements or receipts for consultations via their account on the Platform. 6.3 Refund Policy Refund Eligibility: Refunds may be issued in the following circumstances: The consultation is cancelled by the Healthcare Professional or the Platform. The consultation cannot proceed due to technical issues attributable to the Platform. Refund requests for missed appointments or late cancellations initiated by the Patient may be denied, subject to the cancellation policy outlined during the booking process. Refund Process: Refund requests must be submitted to [ ] within [ ] days of the scheduled consultation. Approved refunds will be processed within [ ] business days to the original payment method. 6.4 Additional Costs Pharmacy Fees: The cost of fulfilling prescriptions is not included in the consultation fees. Patients are responsible for paying any pharmacy fees directly to the pharmacy, including medication costs and delivery charges. Third-Party Services: If additional third-party services are utilised, such as laboratory tests or referrals, these costs are the sole responsibility of the Patient and are not covered by Platform fees. 7. Patient Responsibilities Patients using the Platform agree to uphold the following responsibilities to ensure the effective, safe, and appropriate delivery of healthcare services. 7.1 Providing Accurate Medical History Complete and Honest Disclosure: Patients are responsible for providing accurate, complete, and truthful information about their medical history, current symptoms, medications, allergies, and any other relevant details during consultations. Failure to provide accurate or complete information may impact the quality of medical advice or treatment provided by the Healthcare Professional. Updates to Medical Information: Patients must promptly update their medical history on the Platform if there are any changes, including new diagnoses, treatments, or medications, to ensure Healthcare Professionals have up-to-date information. Accuracy of Records: Patients are responsible for verifying the accuracy of their personal and health information stored on the Platform and notifying pH7 of any discrepancies. 7.2 Following Medical Advice Adherence to Prescribed Treatments: Patients are expected to follow the medical advice, prescriptions, or treatment plans provided by Healthcare Professionals. Deviation from prescribed guidance is at the Patient’s own risk. Consultation Follow-Up: Patients must schedule follow-up consultations as recommended by the Healthcare Professional to ensure continuity of care and proper monitoring of their condition. Seeking Emergency Care When Needed: The Platform is not intended for emergency medical situations. Patients are responsible for seeking immediate in-person medical attention or contacting emergency services if they experience urgent or life-threatening conditions. 7.3 Reporting Changes in Health Communication of Changes: Patients must notify the Healthcare Professional of any significant changes in their health status, new symptoms, or adverse reactions to prescribed medications. Timely communication of changes ensures that the Healthcare Professional can adjust the treatment plan as needed. Use of the Platform for Updates: Patients should use the Platform’s secure messaging or consultation booking system to report changes or concerns related to their health. 7.4 Responsible Use of Prescriptions Adherence to Prescriptions: Prescriptions issued through the Platform must be used solely as directed by the Healthcare Professional. Patients must not exceed the prescribed dosage or use medications for purposes other than those specified. Safeguarding Medications: Patients are responsible for securely storing prescribed medications and preventing their misuse by others. Prohibition on Sharing Medications: Patients must not share or distribute medications prescribed to them with any other individual. Misuse of prescriptions is strictly prohibited and may have legal consequences. Regulatory Compliance: Patients must comply with all applicable laws and regulations regarding the use, possession, and disposal of prescribed medications. 7.5 Communication with the Platform Engaging Professionally: Patients are expected to communicate with Healthcare Professionals and the Platform’s support team respectfully and professionally. Reporting Issues: Any concerns about consultations, prescriptions, or the functionality of the Platform must be reported promptly to [ ]. 8. Medical Disclaimer The pH7 Platform serves as a technology facilitator, connecting Patients with independent licensed Healthcare Professionals and pharmacies. It does not provide medical advice, diagnoses, or treatment. This section clarifies the relationship between all parties and outlines the limitations of liability. 8.1 Platform Does Not Provide Medical Advice Technology Provider: pH7 is solely a technology provider that facilitates communication between Patients, Healthcare Professionals, and pharmacies. The Platform itself does not offer medical advice, make diagnoses, prescribe treatments, or deliver healthcare services. No Patient-Provider Relationship with pH7: Any medical advice or treatment provided through the Platform is the responsibility of the independent Healthcare Professional. The use of the Platform does not create a patient-provider relationship between Patients and pH7. Informational Content: Any educational or informational content provided on the Platform (e.g., articles, FAQs) is for general informational purposes only and should not be construed as medical advice. 8.2 Independent Decisions of Healthcare Professionals Autonomy of Healthcare Professionals: Healthcare Professionals using the Platform operate independently and are solely responsible for the medical advice, diagnoses, and treatments they provide. pH7 does not interfere with or influence the clinical judgment or decisions of Healthcare Professionals. Patient Responsibility: Patients are responsible for providing accurate and complete information during consultations to enable Healthcare Professionals to make informed decisions. Liability of Healthcare Professionals: Healthcare Professionals are independently liable for any errors, omissions, or malpractice related to the care they provide. Patients must address any concerns about care directly with the Healthcare Professional. 8.3 No Guarantee of Prescriptions or Treatments No Assurances: pH7 does not guarantee that a consultation will result in a prescription, diagnosis, or specific treatment. The outcome of a consultation is determined solely by the Healthcare Professional based on their professional assessment of the Patient's needs. Prescription Limitations: Healthcare Professionals may determine that a prescription or treatment is not appropriate for the Patient and may refuse to issue one. Patients acknowledge that pH7 does not influence or participate in these clinical decisions. Pharmacy Role: If a prescription is issued, its fulfilment is the responsibility of the connected pharmacy or the Patient’s chosen pharmacy. pH7 is not responsible for the accuracy or quality of medication dispensed by pharmacies. 8.4 Limitation of Liability for Outcomes No Liability for Medical Outcomes: pH7 is not liable for any medical outcomes, side effects, complications, or adverse events resulting from consultations, diagnoses, treatments, or prescriptions provided by Healthcare Professionals. Patients acknowledge that all medical decisions are made independently by Healthcare Professionals and carry inherent risks. No Liability for Misuse: pH7 is not responsible for any misuse of the Platform by Patients or Healthcare Professionals, including but not limited to: Patients providing inaccurate or incomplete medical information. Healthcare Professionals acting outside the scope of their licensure or jurisdiction. Platform Limitations: pH7 is not liable for interruptions, technical errors, or delays that may affect consultations or communication between Patients and Healthcare Professionals. Indemnity: Patients agree to indemnify and hold pH7 harmless from any claims, damages, or liabilities arising from their use of the Platform, including claims related to the medical advice or care they receive from Healthcare Professionals 8.5 Relationship Between Parties pH7 and Patients: pH7 facilitates access to Healthcare Professionals and pharmacies but does not provide direct medical services. Patients agree that pH7’s role is limited to providing the technology for these interactions. pH7 and Healthcare Professionals: Healthcare Professionals are independent users of the Platform. They are not employees, agents, or representatives of pH7. pH7 and Pharmacies: Pharmacies connected to the Platform operate independently of pH7. The Platform facilitates secure prescription communication but does not influence or control pharmacy operations. 9. Data Protection and Privacy This section outlines how the Platform handles Patient data in compliance with applicable data protection laws and links directly to the Privacy Policy for detailed information. By using the Platform, you acknowledge and consent to the collection, processing, and sharing of your data as described below and in the Privacy Policy. 9.1 Compliance with Data Protection Laws pH7 is committed to protecting your privacy and ensuring compliance with applicable data protection regulations, including but not limited to the General Data Protection Regulation (GDPR) and other relevant data protection laws. Your data will only be processed in accordance with these laws and for the purposes outlined in these Terms and the Privacy Policy. 9.2 Collection and Use of Data By using the Platform, you consent to pH7 collecting, processing, and storing personal data necessary to provide healthcare consultation services, including: Personal Information: Your name, contact details, and date of birth. Health Data: Information you provide during consultations, including medical history, symptoms, and conditions. Prescription Data: Details of prescriptions issued to you by Healthcare Professionals through the Platform. Pharmacy Fulfilment Data: Information required to facilitate prescription processing and fulfilment by a pharmacy of your choice or one integrated with the Platform. All data is securely processed and used only for the purpose of providing Platform services. 9.3 Prescription Data Sharing and Consent By obtaining a prescription through the Platform, you expressly consent to: pH7 receiving and securely processing your prescription data for the purpose of facilitating its fulfilment. pH7 securely transmitting your prescription details to a pharmacy selected by you or integrated with the Platform to dispense your prescribed medication. Pharmacies receiving and processing your prescription in accordance with applicable healthcare regulations. Your prescription will only be shared with pharmacies for fulfilment, and pH7 does not modify or influence prescription content. If you choose to use a pharmacy outside of those integrated with the Platform, you are responsible for providing the prescription directly to them. Withdrawing Consent: You may withdraw consent for prescription data sharing at any time by contacting pH7 in writing. However, this may impact your ability to have prescriptions fulfilled through the Platform. 9.4 Secure Data Storage and Transmission pH7 employs industry-standard security measures, including encryption, secure servers, and access controls, to protect your personal and health data. Access to your data is restricted to authorised individuals, including the Healthcare Professionals issuing your prescription and the pharmacy responsible for fulfilment. 10. Confidentiality pH7 is committed to safeguarding the confidentiality of Patient information in compliance with applicable data protection laws and ethical standards. This section outlines the obligations of all parties regarding the protection of Patient information and the limited circumstances in which disclosures may be required. 10.1 Protection of Patient Information Platform Security Measures: pH7 employs industry-standard security measures, including encryption, secure servers, and access controls, to protect Patient information stored or transmitted through the Platform. For more details on data security, refer to the Privacy Policy. Confidentiality of Records: Patient information, including consultation details and medical records, is treated as strictly confidential and is accessible only to authorised individuals, such as the Patient and the Healthcare Professional involved in their care. No Unauthorised Sharing: Patient information will not be shared with third parties without explicit consent, except as outlined in the Privacy Policy or required by law. 10.2 Obligations of Healthcare Professionals Duty of Confidentiality: Healthcare Professionals using the Platform are bound by their professional ethical obligations and applicable laws to maintain the confidentiality of Patient information shared during consultations. Healthcare Professionals are independently responsible for adhering to data protection regulations applicable in their jurisdiction. Secure Handling of Information: Healthcare Professionals must use the secure communication channels provided by the Platform to interact with Patients and access their medical records. Any unauthorised use or disclosure of Patient information by Healthcare Professionals is strictly prohibited and may result in legal and professional consequences. Patient Consent: Healthcare Professionals must obtain explicit consent from Patients before sharing their information with third parties, except in situations where disclosure is required by law or professional obligations. 10.3 Situations Requiring Disclosure Legal Obligations: Patient information may be disclosed without consent if required by law, such as in response to a court order, subpoena, or investigation by regulatory authorities. pH7 will ensure that any such disclosure complies with applicable legal requirements and minimises the information shared. Emergency Situations: In situations where a Patient’s life or health is at immediate risk, Patient information may be disclosed to emergency services or other relevant parties to provide necessary care. Any such disclosure will be limited to the information required to address the emergency. Platform Safeguards in Disclosure: pH7 maintains internal protocols to evaluate and document all disclosures of Patient information to ensure compliance with legal and ethical standards. 10.4 Prescription Data Processing and Sharing By using the Platform and obtaining a prescription through a consultation, you expressly consent to: Processing of Prescription Data: pH7 securely processing your prescription details to facilitate its fulfilment. Sharing with Pharmacies: pH7 securely transmitting your prescription to a pharmacy of your choice or a pharmacy integrated with the Platform for dispensing. Ensuring Fulfilment: Pharmacies receiving and processing your prescription in accordance with applicable healthcare regulations. pH7 acts solely as a facilitator and does not alter or influence prescriptions issued by Healthcare Professionals. You may withdraw consent for pH7 to share your prescription data with pharmacies at any time by notifying pH7 in writing. However, this may affect your ability to have prescriptions fulfilled through the Platform. . 11. Platform Availability pH7 aims to provide a reliable and efficient service to all users of the Platform. However, certain circumstances may impact its availability. This section outlines the potential interruptions, updates, and limitations associated with the Platform's operation. 11.1 Service Interruptions and Maintenance Scheduled Maintenance: The Platform may be temporarily unavailable during scheduled maintenance to ensure its continued functionality and security. Patients will be notified in advance of any planned maintenance that may result in service interruptions, where feasible. Unscheduled Downtime: Unscheduled service interruptions may occur due to technical issues, server failures, or other unforeseen circumstances. pH7 will make reasonable efforts to resolve such issues promptly. Liability for Interruptions: pH7 is not liable for any inconvenience, delays, or disruptions resulting from scheduled or unscheduled service interruptions. Patients are encouraged to plan consultations accordingly. 11.2 Platform Updates and Enhancements Ongoing Improvements: To enhance user experience, functionality, and security, pH7 may introduce updates, enhancements, or new features to the Platform. Updates may include performance improvements, bug fixes, or new tools and functionalities for Patients and Healthcare Professionals. User Obligations for Updates: Patients may be required to update their software or devices to ensure compatibility with new Platform features or updates. pH7 is not responsible for disruptions caused by failure to install such updates. Changes to Features: pH7 reserves the right to modify, add, or remove features of the Platform at its sole discretion without prior notice, provided that such changes do not materially impact the core functionality. 11.3 No Guarantee of Availability Service Availability Disclaimer: While pH7 strives to provide uninterrupted access to the Platform, it does not guarantee that the Platform will always be available, secure, or error-free. Access to the Platform may be restricted due to circumstances beyond pH7’s control, including but not limited to: Network outages. Acts of nature (e.g., natural disasters). Cybersecurity threats or attacks. Alternative Arrangements: Patients are responsible for making alternative arrangements for medical care in the event of Platform unavailability. Limitation of Liability: pH7 is not liable for any losses, damages, or inconveniences arising from Platform unavailability, interruptions, or performance issues, except as explicitly stated in these Terms. 12. Third-Party Services pH7 facilitates interactions between Patients, independent Healthcare Professionals, and pharmacies through the Platform. This section outlines the relationship with third-party services, including pharmacies and other external providers, and the limits of pH7's responsibility regarding their operations. 12.1 Interaction with Connected Pharmacies Prescription Fulfilment: The Platform provides a secure means of transmitting prescriptions from Healthcare Professionals to connected pharmacies for fulfilment. Patients have the option to use a pharmacy connected to the Platform or choose another licensed pharmacy of their preference. Independent Operation of Pharmacies: Connected pharmacies operate independently of pH7. They are solely responsible for fulfilling prescriptions, including the accuracy, quality, and timely delivery of medications. pH7 does not oversee or control the practices, policies, or compliance of pharmacies. Pharmacy-Patient Relationship: Once a prescription is transmitted to a pharmacy, the relationship regarding the prescription is exclusively between the Patient and the pharmacy. pH7 is not involved in the dispensing, handling, or payment for medications. 12.2 Use of External Services Third-Party Tools and Services: The Platform may integrate or connect with third-party tools and services, such as payment processors, identity verification systems, or analytics providers, to enhance its functionality and ensure secure operations. Use of such services is subject to the terms and conditions and privacy policies of the third-party providers. Patient Responsibility: Patients are responsible for reviewing and understanding the terms and privacy policies of third-party services they interact with via the Platform. No Liability for Third-Party Services: pH7 is not liable for any issues, losses, or damages arising from the use of external tools or services, including errors, delays, or security breaches caused by third-party providers. 12.3 Platform’s Non-Affiliation with Pharmacies or Healthcare Providers Independent Entities: Healthcare Professionals and pharmacies that use the Platform are independent entities. They are not employees, agents, or representatives of pH7. pH7 does not endorse or guarantee the services, practices, or compliance of any Healthcare Professional or pharmacy. Limitations of Responsibility: pH7’s role is limited to providing the technology that facilitates secure communication and interactions. It does not participate in or influence the clinical decisions of Healthcare Professionals or the operations of pharmacies. No Guarantee of Third-Party Performance: pH7 makes no warranties or representations regarding the performance, accuracy, or quality of services provided by Healthcare Professionals or pharmacies connected to the Platform. 13. Prohibited Activities Patients using the Platform are required to act in good faith and in compliance with the law. This section outlines prohibited activities and ensures the protection of pH7, Healthcare Professionals, and other users of the Platform. Violations of this section may result in account suspension or termination, as well as legal action where appropriate. 13.1 Misrepresentation of Health Information Accurate Disclosure of Health Information: Patients must provide truthful, accurate, and complete health information during consultations and throughout their use of the Platform. Any deliberate misrepresentation, omission, or falsification of medical history, symptoms, or other health-related information is strictly prohibited. Consequences of Misrepresentation: pH7 reserves the right to suspend or terminate accounts of Patients who provide false or misleading health information. Misrepresentation that results in harm or improper medical care may be reported to legal authorities or regulatory bodies as required. 13.2 Fraudulent Use of the Platform Prohibited Activities: The following activities are strictly prohibited: Creating fake accounts or using the Platform under a false identity. Booking consultations for purposes unrelated to legitimate healthcare needs. Engaging in activities that disrupt, manipulate, or misuse the Platform’s functionality. Financial Fraud: Attempting to process unauthorised payments, chargebacks, or fraudulent claims is prohibited. pH7 reserves the right to seek restitution or take legal action in cases of financial fraud. Platform Protection: pH7 employs monitoring and fraud detection systems to identify and prevent fraudulent activities. Any attempt to bypass these systems will result in account termination and potential legal consequences. 13.3 Abuse or Harassment of Healthcare Professionals Respectful Communication: Patients are required to communicate with Healthcare Professionals and pH7 staff in a respectful and professional manner. Abusive, harassing, or threatening behaviour is strictly prohibited. Examples of Prohibited Conduct: Using offensive, discriminatory, or inappropriate language during consultations or in communications via the Platform. Repeatedly contacting Healthcare Professionals outside the Platform for personal or unsolicited purposes. Pressuring Healthcare Professionals to issue prescriptions, treatments, or diagnoses against their professional judgment. Protective Measures for pH7 and Healthcare Professionals: pH7 reserves the right to monitor communications conducted via the Platform to ensure compliance with this section. Violations may result in immediate suspension or termination of access to the Platform and, where applicable, referral to legal or regulatory authorities. 13.4 General Liability Disclaimer Indemnification: Patients agree to indemnify and hold pH7 harmless from any claims, damages, or liabilities arising from prohibited activities, including fraudulent use, misrepresentation, or harassment. Right to Seek Damages: pH7 reserves the right to pursue financial restitution or legal action for any losses, damages, or reputational harm caused by prohibited activities. Non-Waiver: Failure to enforce any provision of this section does not constitute a waiver of pH7’s rights and does not limit its ability to enforce these Terms in the future. 14. Termination of Account pH7 reserves the right to terminate or suspend a Patient's account in accordance with these Terms. This section outlines the grounds for termination, the process for appealing or reactivating an account, and the consequences of termination. 14.1 Grounds for Termination Violation of Terms: Accounts may be terminated for any violation of these Terms, including but not limited to: Providing false or misleading health or personal information. Engaging in fraudulent, abusive, or harassing behaviour. Misusing the Platform for purposes unrelated to legitimate healthcare needs. Legal or Regulatory Compliance: Accounts may be terminated if required by applicable laws, regulations, or directives from regulatory authorities. Security Concerns: If an account is determined to pose a security risk to the Platform, including unauthorised access or attempts to disrupt Platform operations, it may be terminated immediately. Non-Payment: Failure to pay for services rendered via the Platform, including chargebacks or disputes initiated without valid grounds, may result in account termination. 14.2 Process for Appeal or Reactivation Notice of Termination: Patients whose accounts are terminated will receive written notice via email, outlining the reasons for the termination and the effective date. Appeal Process: Patients may appeal an account termination by submitting a written request to [ ]within [ ] days of receiving the termination notice. Appeals must include supporting documentation or an explanation addressing the grounds for termination. Review of Appeal: pH7 will review the appeal and notify the Patient of the outcome within [ ] days. The decision to reinstate an account is at the sole discretion of pH7 and may include additional conditions for reactivation. Reactivation Conditions: Accounts may be reinstated subject to compliance with specific conditions, such as: Updating or verifying account information. Providing assurance of future compliance with these Terms. 14.3 Consequences of Termination Loss of Access: Terminated accounts will lose access to all Platform services, including consultations, medical records, and prescriptions stored on the Platform. Patients are encouraged to download or request copies of their records before termination, where feasible. Outstanding Payments: Termination does not absolve Patients of any outstanding payment obligations. Unpaid fees may be pursued through collection efforts or legal action. Restriction on Re-registration: Patients whose accounts are terminated may be restricted from creating new accounts on the Platform without prior approval from pH7. No Refunds: Payments for services already rendered or scheduled consultations may not be refunded unless explicitly stated in the Refund Policy. 15. Liability and Indemnity This section outlines the limitations of pH7's liability, the responsibilities of Patients to indemnify the Platform, and the independent nature of Healthcare Professional decisions to ensure the protection of pH7. 15.1 Limitation of Platform Liability Platform as a Technology Provider: pH7 serves solely as a technology provider, facilitating communication between Patients, Healthcare Professionals, and pharmacies. pH7 does not provide medical advice, diagnoses, treatments, or prescriptions and is not responsible for any clinical decisions or outcomes resulting from consultations. No Guarantee of Services: pH7 does not guarantee the availability, suitability, or effectiveness of services provided by Healthcare Professionals or pharmacies. pH7 is not liable for disruptions to Platform access caused by technical issues, maintenance, or external factors beyond its control. Indirect or Consequential Damages: pH7 is not liable for indirect, incidental, special, or consequential damages, including but not limited to loss of data, financial loss, or personal injury resulting from the use of the Platform. Maximum Liability: In jurisdictions where liability limitations are permitted, pH7's total liability is limited to the amount paid by the Patient for services accessed via the Platform in the [ ] months preceding the event giving rise to the claim. 15.2 Patient Indemnification Indemnity Obligations: Patients agree to indemnify and hold harmless pH7, its affiliates, employees, and representatives from any claims, damages, liabilities, or expenses arising from: Misuse of the Platform, including violation of these Terms. Misrepresentation of health or personal information. Breach of applicable laws or regulations. Legal disputes resulting from actions taken by Patients or on their behalf. Third-Party Claims: Patients agree to indemnify pH7 against any claims brought by third parties, including Healthcare Professionals or pharmacies, resulting from the Patient’s actions, omissions, or misuse of the Platform. Costs of Legal Action: Patients are responsible for covering reasonable legal fees and costs incurred by pH7 in responding to or defending against claims arising from Patient actions. 15.3 No Liability for Healthcare Professional Decisions Independent Decisions of Healthcare Professionals: Healthcare Professionals using the Platform operate independently and are solely responsible for the medical advice, diagnoses, treatments, and prescriptions they provide. pH7 does not influence or participate in clinical decisions and disclaims all liability for the outcomes of such decisions. Patient Responsibility: Patients acknowledge that the decision to follow medical advice or treatment plans provided by Healthcare Professionals is entirely their own and at their own risk. pH7 is not responsible for any adverse outcomes resulting from Patient decisions or failure to follow Healthcare Professional recommendations. No Guarantee of Healthcare Professional Competence: pH7 verifies that Healthcare Professionals using the Platform hold valid licenses but does not guarantee the quality, accuracy, or suitability of the care they provide. 16. Dispute Resolution 16.1 Governing Law These Terms and any disputes arising from or related to the use of the Platform are governed by the laws of the jurisdiction where pH7 operates, at the discretion of pH7. 16.2 Jurisdiction for Legal Disputes If a dispute cannot be resolved through mediation or informally, it will be submitted to the exclusive jurisdiction of the courts in a location determined by pH7, at its discretion. 17. Amendments to Terms and Conditions 17.1 Notification of Changes Right to Amend Terms: pH7 reserves the right to update, modify, or amend these Terms at any time to reflect changes in legal, regulatory, operational, or business requirements. Notice of Changes: Patients will be notified of material changes to these Terms through one or more of the following methods: A prominent notice on the Platform. An email sent to the registered email address associated with the Patient’s account. Notification within the user interface of the Platform. Effective Date: Changes to these Terms will become effective on the date specified in the notice provided to Patients. 17.2 Continued Use as Acceptance of Updates Acceptance of Changes: By continuing to use the Platform after the effective date of updated Terms, Patients agree to be bound by the revised Terms. Opting Out of Changes: If a Patient does not agree to the updated Terms, they must cease using the Platform and may request account termination by contacting [ ]. Patient Responsibility: Patients are responsible for reviewing the Terms periodically to stay informed of any updates or changes. 18. Force Majeure 18.1 Exemption from Liability in Unforeseen Events pH7 shall not be held liable or responsible for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by events beyond its reasonable control (a "Force Majeure Event"). This includes, but is not limited to, interruptions or disruptions to the Platform resulting from circumstances that could not have been reasonably anticipated or mitigated. 18.2 Examples of Force Majeure Events Force Majeure Events include, but are not limited to: Natural Disasters: Earthquakes, floods, hurricanes, or other extreme weather events. Public Health Emergencies: Pandemics, epidemics, or government-mandated quarantine measures. Acts of War or Terrorism: Armed conflicts, terrorist attacks, or civil unrest. Government Actions: New laws, regulations, or government-imposed restrictions affecting the operation of the Platform. Technical Failures: Internet outages, cyberattacks, or failures of third-party infrastructure or service providers critical to the operation of the Platform. Labour Disruptions: Strikes, lockouts, or other industrial action. 18.3 Mitigation and Notification Efforts to Mitigate: pH7 will make reasonable efforts to mitigate the impact of any Force Majeure Event on the availability and functionality of the Platform. Notice to Patients: In the event of a Force Majeure Event, pH7 will notify affected Patients as soon as reasonably practicable, outlining the nature of the event and any expected disruptions. 19. Miscellaneous 19.1 Entire Agreement These Terms, along with the Privacy Policy and any other policies or agreements explicitly referenced, constitute the entire agreement between the Patient and pH7 regarding the use of the Platform. They supersede all prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein. 19.2 Severability If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision will be severed from the Terms, and the remaining provisions will remain in full force and effect. 19.3 No Waiver of Rights The failure of pH7 to enforce any provision of these Terms or to exercise any right under these Terms shall not constitute a waiver of such provision or right. Any waiver must be in writing and signed by an authorised representative of pH7. 19.4 Assignment of Terms By pH7: pH7 reserves the right to assign, transfer, or delegate its rights and obligations under these Terms to a third party, including in connection with a merger, acquisition, or sale of assets. By Patients: Patients may not assign, transfer, or delegate their rights or obligations under these Terms without the prior written consent of pH7. 20. Contact Information 20.1 Platform Contact Details for Legal or Operational Queries If you have any questions, concerns, or issues regarding these Terms or the Platform, you may contact pH7 using the details below: Email: [ ] Mailing Address: pH7 Legal Department [Insert Address] [City, State/Province, Country, Postal Code] 20.2 Privacy Concerns or Data Requests For questions related to data protection or privacy, please contact: [ ]

Definitions

“Third Party Providers” are independent third parties and include, but are not limited to, Practitioners and Pharmacies under an agreement with pH7.

“Third Party Services” include, but are not limited to, services and goods in the field of prescription, dispensation, transportation, delivery, logistics, mobility, and the cannabis-based products and medicines, provided to you by independent Third Party Providers. These are provided to you through the use of the Services, as defined below.

“pH7” means TETRODAXOL UNIPESSOAL LDA., or any of its subsidiaries or affiliates (“we” or “us”).

“pH7 Provided Services” means the online booking of the clinical services provided directly to you by pH7’s affiliated Practitioners.

Acknowledgement

By accessing, visiting, or using pH7’s mobile applications, you declare to be fully and clearly aware of the rules and warnings included in these Terms and Conditions, and accept to be governed by them.

If you do not agree with the Terms and Conditions, you should not access or use pH7’s mobile applications or any of its contents.

Terms

1. Overview

1.1. These terms cover your access and use of pH7’s mobile applications and/or websites (the “Terms”).

1.2. These Terms apply to the extent they do not conflict with any terms that specifically apply topH7's mobile applications and/or websites. You will be asked to agree to those terms separately.

1.3. pH7 provides an online platform for the Third Party Providers for Third Party Services and as the service provider for pH7 Provided Services (see clause 4 below).

2. The App(s)/Website(s) Services

2.1. The services provided to you by pH7 consist of:

2.1.1. Access to and use of pH7's mobile applications and/or websites which enable you to display your medicines and medicinal products or substances online and for the Users to purchase them directly from you; and

2.1.2. Execution of payment operations, under a payment services agreement, allowing us to charge Users directly (TETRODAXOL UNIPESSOAL LDA, may engage an affiliate or a third party to provide these services).

2.2. These Terms apply to your use of the App(s)/Website(s) Services in Portugal. By accessing and using the App(s)/Website(s) Services in another country, you may be subject to country-specific terms.

2.3. Unless otherwise agreed separately in writing, the App(s)/Website(s) Services are made available to you for your personal non-commercial use only.

2.4. You can request Third Party Services or pH7 Provided Services via pH7’s mobile applications and/or websites.

3. Third Party Services

3.1. For Third-Party Services, pH7 acts as an online platform enabling the Third Party Services to provide its services directly to you. pH7 does not provide the Third Party Services. All Third Party Providers are independent third party contractors, registered businesses or other legal entities who are not employed by pH7.

3.2. When you are logged in, you will be given information in pH7’s mobile applications and/or websites about the Third Party Services before you decide to make a request.

3.3. Third-Party Providers (for Third Party Services) and pH7 (for pH7 Provided Services) are free to decide to accept or reject a request. Acceptance of the request is communicated to you on behalf of the Third Party Providers through pH7’s mobile applications and/or websites and will give rise to a direct contract between you and the Third Party Provider (for Third Party Services) or between you and pH7 (for pH7 Provided Services).

3.4. For some Third-Party Services, you may be required to agree to separate terms prior to using such Third-Party Service(s).

3.5. You may be asked to rate the Third Party Provider whose services you requested.

3.6. The Third Party Provider is responsible for any obligations that may arise from the provision of the Third Party Services, and ensures that it is aware of and complies with the legal requirements for dispensing cannabis-based medicines and medicinal products remotely.

3.6. There shall be no contractual bond between Users and pH7 nor between pH7 and the Third Party Providers regarding the Third Party Services.

4. pH7 Provided Services

4.1. For pH7 Provided Services, pH7 acts as an online booking service of online medicalappointments, which will be carried out by medical Practitioners under agreement with pH7, asThird Party Providers.

4.2. Our Practitioners are based in the EU. They are members of the appropriate regulatory body, and they are committed to clinical best practices and any related standards.

4.3. Our Practitioners are technically and deontologically independent and responsible for their acts, without being subject to any guidance from pH7.

4.4. Our Practitioners might have different opinions on some medical conditions or symptoms. This doesn't mean that the clinical services are at fault, it's normal for experts to have different views from time to time.

4.5. Your medical appointment will be arranged as soon as possible. We can't commit to offer consultations in a specific timeframe, or that a specific Practitioner will be available at a particular time.

4.6. To make sure we're giving you the best service we can, we’ll request your consent to allow us to record your appointment. To find out more about how we use this information and how we protect your privacy, see our privacy policy.

4.7. If you don't think you've been able to clearly share your medical needs during an appointment, you should speak to a Practitioner in person. If you're worried about any advice you've received, then you should book another consultation to discuss this.

4.8. The decision to prescribe any medicine or medical product or substance is the sole responsibility of the Practitioners, as well as compliance with the legal requirements relating to its prescription.

4.9. If you are prescribed any cannabis-based medicine, product or substance, you can apply for its dispensation through the pH7 application. However, you are completely free to choose the pharmacy of your preference, outside the App.

4.10. You are responsible for your own acts and omissions, which may mislead the clinical assessment during the medical consultation. You are also responsible for false statements that may result in a wrong clinical evaluation, including concealing or falsely indicating symptoms, using false personal data or identification, among others.

4.11. Search: You can search for Practitioners using criteria such as the type of Practitioner and clinical specialty. You can also use filters to refine your search results. Search results are based on relevance to your search and other criteria. Relevance considers factors such as price, availability, reviews, cancellation history, popularity and past appointments, among others.

4.12. Booking: By scheduling an appointment with a Practitioner, you agree to pay all costs of your consultation, including the consultation price, applicable fees, taxes and any other items identified during the payment process (collectively "Total Price"). When you receive confirmation of the consultation, a contract (sometimes called a consultation in these Terms) is formed directly between you and the Provider. The cancellation policy and any other rules, standards, policies or requirements identified in the Service to be performed by the Practitioner or during the payment process are part of your contract with the Practitioner.

5. Order and delivery of prescriptions

5.1. pH7 partners with Pharmacies that can fill your medical prescription and act as “Third Party Providers”. These Pharmacies aren't part of pH7 and we can't take responsibility for their acts or mistakes.

5.2. The price of the cannabis-based medicine or substance is set by the pharmacy, according to the applicable regulation and pH7 doesn’t have any influence on it.

5.3. You can choose to have your medicine delivered to your home, or you can pick it up from a selected Pharmacy near you.

5.4. Users purchase the medicine directly from the Pharmacy, which will be solely responsible for issuing the respective invoice to the User. pH7 will not engage in any contractual bond with Users regarding this purchase and cannot accept any responsibly for returns or refunds regarding dispensation of cannabis-based medicine or substance.

5.5. By choosing home delivery, you agree to the terms and conditions of our partner pharmacy.

5.6. Compliance with the legal requirements for home delivery of cannabis-based medicines, products or substances is the sole responsibility of the selected pharmacy.

6. Using the App(s)/Website(s) Services

6.1. To use the App(s)/Website(s) Services, you must register in pH7's mobile applications and/or websites and set up an account. At the time of registration, you must either be eighteen(18) or the age of legal majority in the country where you register if different from eighteen (18),unless the terms governing the specific Third Party Services or pH7 Provided Services impose different age requirements.

6.2. You must provide us with certain personal information to register, including your phone number and email address. To use the App(s)/Website(s) Services, pH7 Provided Services or certain Third Party Services, you need to provide at least one valid payment method (credit card, debit card or any other accepted payment method). You may need to provide additional information, such as your address, and documents before using certain pH7 Provided Services or Third Party Services.

6.3. We may temporarily restrict your access to and use of the App(s)/Website(s) Services if there is a suspected breach of your obligations (see clause 6 below) or of these Terms, including where we receive a complaint in relation to fraud. There may be circumstances in which we are unable to provide you with information about the complaint whilst an investigation is ongoing (by us and/or a third party such as the police).

7. Your Obligations

7.1. When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these Terms. You must not misuse pH7’s mobile applications and/or websites or attempt to defraud either us or Third-Party Providers.

7.2. You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.

7.3. Your account is personal to you. It cannot be licensed or shared. Once you have set up an account, you:

  • may not register more than one account unless we agree otherwise in writing.

  • may not allow third parties to use your account or transfer your account to a third party.

  • must keep your account information accurate, complete and up to date.

  • must keep your login details confidential at all times, and

  • must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.


7.4. You will be responsible for paying any fees or charges that may be incurred as a result of the provision of Third Party Services or pH7 Provided Services requested through your account as further detailed below.

7.5. You must not, in your use of the App(s)/Website(s) Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider, pH7 or any other party

8. Charges and Payment

8.1. Charges for the App(s)/Website(s) Services

8.1.1. You will not be charged for using the App(s)/Website(s) Services. However, we reserve the right to introduce a usage charge, in which case you will be informed in writing and given the opportunity to terminate these Terms before any such charge is introduced. If you chose to terminate these Terms, you will no longer be able to access or use the App(s)/Website(s)Services.

8.1.2. We reserve the right to introduce a fee for specific features on pH7's mobile applications and/or websites. These may be subject to separate terms.

8.2. Charges for Third Party Services and pH7 Provider Services

8.2.1. If you make a request through pH7’s mobile applications and/or websites, you agree to pay the relevant charges as described in pH7’s mobile applications and/or websites prior to making the request and will be responsible for any charges or fees linked to your account in accordance with clause 7.4 above.

8.2.2. Depending on the pH7 Provided Service or Third Party Service used, including, but not limited to, its location, the charges may be displayed on pH7’s mobile applications and/or websites before a request is placed. In other cases, the charges will depend on your use of the Third Party Services or pH7 Provided Services.

8.2.3. In some cases, if the Third Party Services or the pH7 Provided Services cannot be performed due to your action or inaction (for example, if you are not present at the delivery location to receive a delivery), all charges may apply.

8.2.4. Once the Third Party Service has been provided, you will receive an invoice issued by the Third Party Provider. The invoice will include VAT, if applicable.

8.2.5. It is of the sole responsibility of the Third Party Provider to issue invoices to Users.

8.3. General

8.3.1. For more information about charges and supplementary charges, fees, costs and/or fines specific to the relevant Third Party Service or pH7 Provided Service please consult the support section in pH7’s mobile applications and/or websites.

8.3.2. The charges may be modified in pH7’s mobile applications and/or websites from time to time.

8.3.3. Unless otherwise agreed, all charges are due immediately upon a request being placed and payment will be facilitated by pH7 using the preferred payment method associated with your account, after which pH7 will send you a receipt by email. If your primary payment method is notable to be charged, pH7 may use a secondary payment method if available.

8.3.4. Charges are inclusive of applicable taxes including VAT.

9. Cancellation

9.1. In some cases, you do not have the right to cancel the request for the Third Party Services and pH7 Provided Services once it has been accepted. However, for certain Third Party Services, pH7 or the Third Party Service Provider may allow you to cancel the request, but you may be charged a cancellation fee.

9.2. pH7 may refuse requests and cancel the Third Party Services or pH7 Provided Services if there is reasonable doubt about the correctness or authenticity of the request or about the contact information. In this case too, a cancellation fee may be charged.

10. License

Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or use ofpH7’s mobile applications and/or websites on your device solely for your use and for you to access and use the information made available through pH7’s mobile applications and/or websites. Any rights not expressly granted herein are reserved by pH7 and pH7’s licensors.

11.Intellectual Property

We reserve all rights not expressly granted in these Terms. Our App(s)/Website(s) Services, our devices and all data gathered through pH7’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain our property or the property of our licensors. You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the pH7’s mobile applications and/or websites); (b) reverse engineer or attempt to extract the source code of pH7’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of pH7’s mobile applications and/or websites or data; (d) use, display, or manipulate any of pH7 Names, Marks, or Works for any purpose other than to use the pH7’s mobile applications and/or services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include pH7 Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use pH7 Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any pH7 Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in pH7’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted above.

12.Privacy Notice

We collect, use and disclose information from or about you as described in our Privacy Notice. Additional privacy notices may apply, including from third-party controllers, for pH7 Provided Services or Third Party Services.

13.Your liability and Indemnity

13.1. You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services, or your violation of any laws or third party rights. You are liable for all activities conducted through your account unless such activities are not authorized by you and you are not otherwise negligent.

13.2. In order to have access to the App(s)/Websites(s) Services, you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third-party claims directly or indirectly related to your use of the Third Party Services, the pH7 Provided Services or your use of the Services generally.

14.Disclaimer

We provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s)Services may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available or error-free at all times.

15. Limitation of Liability

15.1. Nothing in these Terms limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or altering your rights that cannot be excluded under applicable law.

15.2. We are not liable under or in relation to these Terms (including, but not limited to, liability in contract, tort including negligence, misrepresentation, restitution or otherwise) for any of the following connected to the use of the App(s)/Website(s) Services: loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss.

15.3. Subject to clause 15.1, we are not liable for:

  • damages or losses arising from any transaction between you and a Third PartyProvider; or

  • the availability and accuracy of the content, products or services of the Third PartyProvider.


15.4. We are not liable for delay or failure in performance resulting from causes beyond our reasonable control.

15.5. Subject to clause 15.1, our total liability to you for the usage of pH7’s mobile applications and/or websites (and not in relation to any other arrangements between us for which the liability arrangements are governed by way of a separate agreement) shall not exceed 500 euros.

15.6. To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission by you or any third party.

16.Termination

16.1. You are free at all times to use the App(s)/Website(s) Services and may terminate these Terms and the App(s)/Website(s) Services by closing your account.

16.2. We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and pH7 for the provision of pH7 Provided Services which refer to these Terms.

16.3. pH7 may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.

16.4. If we cannot charge the charges to your preferred payment method we may suspend or remove your access to pH7’s mobile applications and/or websites until payment is made.

16.5. You must immediately pay any outstanding charges due to Third-Party Providers or pH7by you upon termination. Any such charges will survive termination and we reserve all rights to collect payment after termination.

17.General

17.1. pH7 may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you inpH7’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with clause 16.1.

17.2. The invalidity of any clauses in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable clause shall be deemed deleted.

17.3. We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. You may not assign, subcontractor transfer these Terms or any of our rights or obligations, in whole or in part, as your use of thepH7’s mobile applications and/or websites is personal, unless agreed otherwise.

17.4. These Terms are our entire agreement with you, together with any additional agreement relating to the provision of App(s)/Website(s) Services, and replace all previous agreements relating to your access and use of the App(s)/Website(s) Services.

17.5. You may be required to accept additional terms to access or use the App(s)/Website(s)Services. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.

17.6. There are no third-party beneficiaries to these Terms except as provided for in this agreement.

18.Dispute Resolution Process

pH7 may make available to users acting as consumers a mediation scheme for consumer disputes related to the App(s)/Website(s) Services or these Terms with a view to their amicable resolution. In accordance with Law no. 24/96 of 31 July and Law no. 144/2015 of 8 September(in its current version), for any dispute of a contractual nature relating to the App(s)/Website(s)Services which could not have been resolved in the context of a complaint previously submitted to pH7’s customer service, consumers may resort to the following alternative dispute resolution providers at reduced or no costs. Eligible consumers can also submit complaints about our Services or these Terms to the European Commission’s online dispute resolution platform accessible here pursuant to the Regulation (EU) No 524/2013 of 21 May 2013. pH7 does not commit to using an online dispute resolution platform to resolve consumer disputes.

19.Governing Law and Jurisdiction

These Terms shall be exclusively governed by and construed in accordance with the laws of Portugal, excluding its rules on conflicts of laws, unless, if you reside in the EU, statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. You may bring judicial proceedings relating to the Services before a competent Portuguese court. If you reside in the EU you may also bring judicial proceedings relating to the Services before the competent court of your country of residence. If you reside in the EU, we may only bring judicial proceedings against you in your country of residence, unless you are not acting as a consumer in which case you agree to submit to the exclusive jurisdiction of the Dutch courts, within the limits provided by applicable law in your country of residence.

By accepting these Terms, you agree to be bound by these Terms.

Terms and Conditions – Portugal

Doctors and Prescription

May 2023

Key Principles

  • These Terms and Conditions apply to pH7’s mobile applications and/or websites in Portugal.

  • pH7’s App(s)/Website(s) Services enable you to provide medical consultation services to the Users.

  • These services are facilitated through pH7’s mobile applications and/or websites in Portugal and you act as a Third-Party Provider.

  • pH7 acts as a Service Provider for the medical appointment booking service

  • As the Service Provider for the medical consultation services, you are contracting directly with pH7’s App(s)/Website(s) Users

  • Please read these Terms and Conditions carefully. They include information about our services, your rights, and other important information.

About Us

We are TETRODAXOL UNIPESSOAL LDA, a private limited liability company established in Portugal, registered at the Portuguese Chamber of Commerce under the number 516762184and having its offices at Office R. Padre Américo N 7 B 1 D to 1600-548 LISBOA. You can contact us at pH7.com/help.

Acknowledgement

By accessing, visiting, or using pH7’s mobile applications, you declare to be fully and clearly aware of the rules and warnings included in these Terms and Conditions, and accept to be governed by them.

If you do not agree with the Terms and Conditions, you should not access or use pH7’s mobile applications or any of its contents.

To facilitate the understanding of the legal framework for the prescription of medical cannabis in Portugal, we make available in our App(s)/Website(s) a Legal Summary especially addressed to Doctors, which we highly encourage you to consult.

Terms

1. Overview

These terms cover your access and use of pH7’s mobile applications and/or websites (the “Terms”), as a Service Provider for medical consultation services.

2. The App(s)/Website(s) Services

2.1. The services provided to you by pH7 consist of:

2.1.1. Access to and use of pH7's mobile applications and/or websites which enable you to display your medicines and medicinal products or substances online and for the Users to purchase them directly from you; and

2.1.2. Execution of payment operations, under a payment services agreement, allowing us to charge the Users directly into your bank account (TETRODAXOL UNIPESSOAL LDA, may engage an affiliate or a third party to provide these services on its behalf).

2.2. These Terms apply to your use of the App(s)/Website(s) Services in Portugal. By accessingand using the App(s)/Website(s) Services in another country, you may be subject tocountry-specific terms

3. Medical Consultation Services

3.1. pH7 acts as an online booking service and a platform for online medical appointments, which will be carried out by you directly to pH7’s App(s)/Website(s) Users.

3.2. You and all the Practitioners registered in pH7’s App(s)/Website(s) must be based in the EU. By accepting these Terms you confirm that you are a member of the appropriate regulatory body of your Country, and are committed to clinical best practices and any related standards.

3.3. You are technically and deontologically independent and responsible for your acts, without being subject to any guidance from pH7.

3.4. Our Practitioners might have different opinions on some medical conditions or symptoms. This doesn't mean that the clinical services are at fault, it's normal for experts to have different views from time to time.

3.5. Inside the App(s)/Website(s) you must provide available time slots for the Users to schedule a medical appointment.

3.6. To make sure we're giving you the best service we can, we’ll request your consent to allow us to record your appointment. To find out more about how we use this information and how we protect your privacy, see our privacy policy.

3.7. Non-attendance at a scheduled appointment will result in the appointment not being charged and, if pH7 so decides, exclusion from the App(s)/Website(s).

3.8. The decision to prescribe any medicine or medical product or substance is the sole responsibility of the Doctors, as well as compliance with the legal requirements relating to its prescription. To facilitate the understanding of the legal framework for the prescription of medical cannabis in Portugal, we make available in our App(s)/Website(s) a Legal Summary especially addressed to Doctors, which we highly encourage you to consult.

3.9. Prior to the scheduling of the appointment by the User, you are free to stipulate the price and duration of your medical consultation, within the limits defined in the App / Website and in respect of the best practices of the medical profession.

3.10. By accepting these Terms you acknowledge and agree that, upon receiving of a consultation, pH7 App(s)/Websites(s) may ask the User to rate the consultation and, at Use’s discretion, to provide an opinion or comments regarding User's experience with you. pH7reserves the right to use, share and display User’s Comments in any manner in relation to pH7'sactivity without attribution or approval from you. pH7 reserves the right to edit or remove comments if they include obscenity or other objectionable content, including an individual's name or personal data, violate any applicable privacy or other applicable laws and regulations, or violate pH7's content policies.

4. Using the App(s)/Website(s) Services

4.1. To use the App(s)/Website(s), you must register in pH7's mobile applications and/or websites and set up an account. At the time of registration, you must comply with the above mentioned requirements on the exercise of the medical profession.

4.2. You must provide us with certain personal information to register, including your phone number, email address and professional license number. To provide medical consultations through the App(s)/Website(s), you need to provide one bank account information and corresponding documents.

5. Your Obligations

5.1. When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these and other existing Terms. You must not misuse pH7’s mobile applications and/or websites or attempt to defraud either us, Users or other Providers.

5.2. You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.

5.3. Your account is personal to you. It cannot be licensed or shared. Once you have set up an account, you:

  • may not register more than one account unless we agree otherwise in writing.

  • may not allow third parties to use your account or transfer your account to a third party.

  • must keep your account information accurate, complete and up to date.

  • must keep your login details confidential at all times, and

  • must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.

5.4. You must not, in your use of the App(s)/Website(s), cause nuisance, annoyance, inconvenience, or property damage, whether to the User, pH7 or any other party.

6. Charges and Payment

6.1. Charges for the App(s)/Website(s) Services

6.1.1. For using the App(s)/Website(s) Services and in return for the medical appointment booking service provided by pH7, you’ll be charged a commission of 15 % (fifteen percent) of the price of each consultation. This commission is applied to the amount of the consultation excluding VAT.

6.1.2. The consultation proposed to the User includes VAT, but you are solely responsible for determining and setting the applicable VAT, and identifying and informing pH7 of the correct amount of VAT. You are the only responsible for the payment of all applicable taxes.

6.1.3. It is the Practitioner’s sole responsibility to issue invoices to Users for the consultation services provided.

6.1.4. pH7 may deduct the commission from the payment charged to the User on behalf of the Pharmacy, under the payment services agreement, issuing the correspondent invoice.

6.1.5. All payments for the use of the App(s)/Website(s) will be made in Euros.

7. License

Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or use ofpH7’s mobile applications and/or websites on your device solely for your use and for you to access and use the information made available through pH7’s mobile applications and/or websites. Any rights not expressly granted herein are reserved by pH7 and pH7’s licensors.

8. Intellectual Property

We reserve all rights not expressly granted in these Terms. Our App(s)/Website(s) Services, our devices and all data gathered through pH7’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain our property or the property of our licensors. You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the pH7’s mobile applications and/or websites); (b) reverse engineer or attempt to extract the source code of pH7’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of pH7’s mobile applications and/or websites or data; (d) use, display, or manipulate any of pH7 Names, Marks, or Works for any purpose other than to use the pH7’s mobile applications and/or services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include pH7 Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use pH7 Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any pH7 Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in pH7’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted above.

9. Your liability and Indemnity

9.1. You are liable for any damage suffered by us and by our App(s)/Websites(s) Users as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services, or your violation of any laws or third-party rights. You are liable for all activities conducted through your account unless such activities are not authorized by you and you are not otherwise negligent.

9.2. In order to have access to the App(s)/Websites(s), you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third-party claims directly or indirectly related to your use of the Third Party Services, the pH7Provided Services or your use of the Services generally.

10.Disclaimer

We provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s)Services may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available or error-free at all times.

11.Termination

11.1. You are free at all times to use the App(s)/Website(s) Services and may terminate these Terms and the App(s)/Website(s) Services by closing your account.

12.2. We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and pH7 for the provision of pH7 Provided Services which refer to these Terms.

12.3. pH7 may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.

12.4. If we cannot send the payments to your bank account we may suspend or remove your access to pH7’s mobile applications and/or websites until payment is made.

12.General

12.1. pH7 may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you inpH7’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with clause 16.1.

12.2. The invalidity of any clauses in these Terms does not affect the validity and enforce ability of the rest of these Terms. Any such invalid, illegal or unenforceable clause shall be deemed deleted.

12.3. We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. You may not assign, subcontractor transfer these Terms or any of our rights or obligations, in whole or in part, as your use of thepH7’s mobile applications and/or websites is personal, unless agreed otherwise.

12.4. These Terms are our entire agreement with you, together with any additional agreement relating to the provision of App(s)/Website(s) Services, and replace all previous agreements relating to your access and use of the App(s)/Website(s) Services.

12.5. You may be required to accept additional terms to access or use the App(s)/Website(s)Services. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.

12.6. There are no third-party beneficiaries to these Terms except as provided for in this agreement.

13.Dispute Resolution Process

pH7 may make available to users acting as consumers a mediation scheme for consumer disputes related to the App(s)/Website(s) Services or these Terms with a view to their amicable resolution. In accordance with Law no. 24/96 of 31 July and Law no. 144/2015 of 8 September(in its current version), for any dispute of a contractual nature relating to the App(s)/Website(s)Services which could not have been resolved in the context of a complaint previously submitted to pH7’s customer service, consumers may resort to the following alternative dispute resolution providers at reduced or no costs. Eligible consumers can also submit complaints about our Services or these Terms to the European Commission’s online dispute resolution platform accessible here pursuant to the Regulation (EU) No 524/2013 of 21 May 2013. pH7 does not commit to using an online dispute resolution platform to resolve consumer disputes.

14.Governing Law and Jurisdiction

These Terms shall be exclusively governed by and construed in accordance with the laws of Portugal, excluding its rules on conflicts of laws, unless, if you reside in the EU, statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. You may bring judicial proceedings relating to the Services before a competent Portuguese court. If you reside in the EU you may also bring judicial proceedings relating to the Services before the competent court of your country of residence. If you reside in the EU, we may only bring judicial proceedings against you in your country of residence, unless you are not acting as a consumer in which case you agree to submit to the exclusive jurisdiction of the Dutch courts, within the limits provided by applicable law in your country of residence.

By accepting these Terms, you agree to be bound by these Terms.

Terms and Conditions

Pharmacies and Dispensation

May 2023

Key Principles

  • These Terms and Conditions apply to pH7’s mobile applications and/or websites in Portugal.

  • pH7’s App(s)/Website(s) Is a technology platform that displays your own individualised website enabling you to sell and deliver medicines and medicinal products or substances remotely to its Users.

  • Regarding the sale and delivery of medicines and medicinal products or substances you are contracting directly with the Users of the App(s)/Website(s).

  • Please read these Terms and Conditions carefully. They include information about our services, your rights, and other important information.

About Us

We are TETRODAXOL UNIPESSOAL LDA, a private limited liability company established in Portugal, registered at the Portuguese Chamber of Commerce under the number 516762184and having its offices at Office R. Padre Américo N 7 B 1 D to 1600-548 LISBOA. You can contact us at pH7.com/help.

Acknowledgement

By accessing, visiting, or using pH7’s mobile applications, you declare to be fully and clearly aware of the rules and warnings included in these Terms and Conditions, and accept to be governed by them.

If you do not agree with the Terms and Conditions, you should not access or use pH7’s mobile applications or any of its contents.

To facilitate the understanding of the legal framework for the dispensation and delivery of medical cannabis in Portugal, we make available in our App(s)/Website(s) a Legal Summary especially addressed to Pharmacies, which we highly encourage you to consult.

Terms

1. Overview

These terms cover your access and use of pH7’s mobile applications and/or websites (the “Terms”), as a Service Provider for medical consultation services.

2. The App(s)/Website(s) Services

2.1. The services provided to you by pH7 consist of:

2.1.1. Access to and use of pH7's mobile applications and/or websites which enable you to display your medicines and medicinal products or substances online and for the Users to purchase them directly from you; and

2.1.2. Execution of payment operations, under a payment services agreement, allowing us to charge the Users directly into your bank account (TETRODAXOL UNIPESSOAL LDA, may engage an affiliate or a third party to provide these services on its behalf).

2.2. These Terms apply to your use of the App(s)/Website(s) Services in Portugal. By accessing and using the App(s)/Website(s) Services in another country, you may be subject to country-specific terms

3. Dispensation and Delivery Services

3.1. pH7 provides an online platform for the sale and delivery of cannabis-based medicines and medicinal products or substances, which will be carried out by you directly to pH7’sApp(s)/Website(s) Users.

3.2. pH7 will only allow the display of cannabis-based medicines, products or substances duly authorized by the Portuguese National Authority of Medicines and Health (INFARMED).

3.3. The price of the cannabis-based medicine or substance is set by the pharmacy, according to the applicable regulation and pH7 doesn’t have any influence on it.

3.4. By accepting these Terms and in order to provide dispensation and delivery services through pH7’s App(s)/Website(s), you ensure that:
a) Have communicated to the INFARMED the intention to pursue the homedelivery and dispensation activities.
b) Have the necessary qualified staff to ensure home delivery in accordance withthe legal requirements.
c) Undertake to provide pH7 and pH7’s App(s)/Website(s) Users with all information legally required in relation to their products.

3.5 Pharmacies are aware that they are fully responsible for their own compliance with the dispensation of medical cannabis and home-delivery regulations, and that this responsibility is not in any way transferred to pH7.

3.6. By accepting these Terms you acknowledge and agree that, upon receiving an order, pH7App(s)/Websites(s) may ask the User to rate your services and, at User’s discretion, to provide an opinion or comments regarding User's experience with you. pH7 reserves the right to use, share and display User’s Comments in any manner in relation to pH7's activity without attribution or approval from you. pH7 reserves the right to edit or remove comments if they include obscenity or other objectionable content, including an individual's name or personal data, violate any applicable privacy or other applicable laws and regulations, or violate pH7'scontent policies.

4. Using the App(s)/Website(s) Services

4.1. To use the App(s)/Website(s), you must register in pH7's mobile applications and/or websites and set up an account. At the time of registration, you must comply with the above mentioned requirements regarding your activity as a Pharmacy.

4.2. You must provide us with certain personal information to register, including your phone number, email address and license number. To provide your services through the App(s)/Website(s), you need to provide one bank account information and corresponding documents

5. Your Obligations

5.1. When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these and other existing Terms. You must not misuse pH7’s mobile applications and/or websites or attempt to defraud either us, Users or other Providers.

5.2. You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.

5.3. Your account is personal to you. It cannot be licensed or shared. Once you have set up an account, you:

  • may not register more than one account unless we agree otherwise in writing.

  • may not allow third parties to use your account or transfer your account to a third party.

  • must keep your account information accurate, complete and up to date.

  • must keep your login details confidential at all times, and

  • must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.

5.4. You must not, in your use of the App(s)/Website(s), cause nuisance, annoyance, inconvenience, or property damage, whether to the User, pH7 or any other party.

6. Charges and Payment

6.1. Charges for the App(s)/Website(s) Services

6.1.1. For using the App(s)/Website(s) Services and in return for the medical appointment booking service provided by pH7, you’ll be charged a commission of 15 % (fifteen percent) of the price of each consultation. This commission is applied to the amount of the consultation excluding VAT.

6.1.2. The consultation proposed to the User includes VAT, but you are solely responsible for determining and setting the applicable VAT, and identifying and informing pH7 of the correct amount of VAT. You are the only responsible for the payment of all applicable taxes.

6.1.3. It is the Practitioner’s sole responsibility to issue invoices to Users for the consultation services provided.

6.1.4. pH7 may deduct the commission from the payment charged to the User on behalf of the Pharmacy, under the payment services agreement, issuing the correspondent invoice.

6.1.5. All payments for the use of the App(s)/Website(s) will be made in Euros.

7. License

Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or use ofpH7’s mobile applications and/or websites on your device solely for your use and for you to access and use the information made available through pH7’s mobile applications and/or websites. Any rights not expressly granted herein are reserved by pH7 and pH7’s licensors.

8. Intellectual Property

We reserve all rights not expressly granted in these Terms. Our App(s)/Website(s) Services, our devices and all data gathered through pH7’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain our property or the property of our licensors. You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the pH7’s mobile applications and/or websites); (b) reverse engineer or attempt to extract the source code of pH7’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of pH7’s mobile applications and/or websites or data; (d) use, display, or manipulate any of pH7 Names, Marks, or Works for any purpose other than to use the pH7’s mobile applications and/or services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include pH7 Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use pH7 Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any pH7 Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in pH7’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted above.

9. Your liability and Indemnity

9.1. You are liable for any damage suffered by us and by our App(s)/Websites(s) Users as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services, or your violation of any laws or third-party rights. You are liable for all activities conducted through your account unless such activities are not authorized by you and you are not otherwise negligent.

9.2. In order to have access to the App(s)/Websites(s), you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third-party claims directly or indirectly related to your use of the Third Party Services, the pH7Provided Services or your use of the Services generally.

10.Disclaimer

We provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s)Services may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available or error-free at all times.

11.Termination

11.1. You are free at all times to use the App(s)/Website(s) Services and may terminate these Terms and the App(s)/Website(s) Services by closing your account.

12.2. We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and pH7 for the provision of pH7 Provided Services which refer to these Terms.

12.3. pH7 may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.

12.4. If we cannot send the payments to your bank account we may suspend or remove your access to pH7’s mobile applications and/or websites until payment is made.

12.General

12.1. pH7 may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you inpH7’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with clause 11.1.

12.2. The invalidity of any clauses in these Terms does not affect the validity and enforce ability of the rest of these Terms. Any such invalid, illegal or unenforceable clause shall be deemed deleted.

12.3. We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. You may not assign, subcontractor transfer these Terms or any of our rights or obligations, in whole or in part, as your use of thepH7’s mobile applications and/or websites is personal, unless agreed otherwise.

12.4. You may be required to accept additional terms to access or use the App(s)/Website(s)Services. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.

12.5. There are no third-party beneficiaries to these Terms except as provided for in this agreement.

13.Dispute Resolution Process

pH7 may make available to users acting as consumers a mediation scheme for consumer disputes related to the App(s)/Website(s) Services or these Terms with a view to their amicable resolution. In accordance with Law no. 24/96 of 31 July and Law no. 144/2015 of 8 September(in its current version), for any dispute of a contractual nature relating to the App(s)/Website(s)Services which could not have been resolved in the context of a complaint previously submitted to pH7’s customer service, consumers may resort to the following alternative dispute resolution providers at reduced or no costs. Eligible consumers can also submit complaints about our Services or these Terms to the European Commission’s online dispute resolution platform accessible here pursuant to the Regulation (EU) No 524/2013 of 21 May 2013. pH7 does not commit to using an online dispute resolution platform to resolve consumer disputes.

14.Governing Law and Jurisdiction

These Terms shall be exclusively governed by and construed in accordance with the laws of Portugal, excluding its rules on conflicts of laws, unless, if you reside in the EU, statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. You may bring judicial proceedings relating to the Services before a competent Portuguese court. If you reside in the EU you may also bring judicial proceedings relating to the Services before the competent court of your country of residence. If you reside in the EU, we may only bring judicial proceedings against you in your country of residence, unless you are not acting as a consumer in which case you agree to submit to the exclusive jurisdiction of the Dutch courts, within the limits provided by applicable law in your country of residence.

By accepting these Terms, you agree to be bound by these Terms.

This contract is agreed upon and accepted by:

For [Other Party's Name]:
Name:
Title:
Date:

By signing above, both parties agree to the terms and conditions outlined in this contract.