Terms & Conditions
This document and all other policies referenced therein (TERM OF RESPONSIBILITY and the PRIVACY POLICY), describe the terms and conditions under which we offer you (“USER”) access to the WOLT application (the “APPLICATION”) and services, content, products, or applications. All information, recommendations, and/or services provided to the USER through the APPLICATION, made available by WOLT, are hereinafter referred to as “SERVICES”. When using the SERVICES (accessing the APPLICATION or using the SERVICES themselves), the USER declares to have read, understood, and accepted these TERMS OF USE, as well as the other policies referenced therein.
1 - ACCEPTANCE OF THE TERMS OF USE
1.1. By registering and/or using the SERVICES, in any way, including, but not limited to, downloading the APPLICATION or visiting it, you are agreeing to all terms and conditions of these TERMS OF USE, as well as any other rules, policies or procedures that may be disclosed, from time to time, on the WOLT APPLICATION.
1.2. Certain SERVICES may also be subject to additional conditions which, once disclosed, automatically become an integral part of these TERMS OF USE.
2 - CAPACITY, REGISTRATION INFORMATION, AND ACCESS ACCOUNT
2.1. By accessing the SERVICES, the USER declares to have the legal capacity to contract, to be at least 18 (eighteen) years old, or to be legally emancipated. Minors under 18 (eighteen) years of age, not legally emancipated, will not be able to access the SERVICES even if assisted and/or authorized by their parents and/or legal guardians.
2.2. To access the SERVICES, the USER must register with the APPLICATION by creating his/her “ACCESS ACCOUNT”. The USER must fill in all fields with exact and true information, taking responsibility, including, updating the registration information whenever there is any change. When logging in through social media (Facebook, Google, among others) or any other third-party service, the USER automatically accepts the collection of their data on those platforms.
2.3. ATTENTION PARENTS AND/OR LEGAL RESPONSIBLE: The legal guardian may be held civilly and criminally liable for acts performed by the legally incapable person due to non-compliance with this clause.
2.4. The Health Professional or health-related area of ​​expertise must also fill in all fields with accurate and true information, taking responsibility, including, updating the registration information whenever there is any change.
2.5. If any inaccuracy is found in the information provided by the USER, even if previously registered, illegality in its conduct and/or non-compliance with the rules of these terms of use, including abusing the user's content, WOLT may, at its sole discretion, unilaterally suspend or cancel the corresponding access account, without the user being entitled or entitled to compensation, under any pretext. Such measure, however, does not cease or diminish the responsibility of the USER regarding the accuracy and veracity of the data provided and the acts that may be performed. Duplicate registrations made by the same USER may also be canceled.
2.6. The USER who registers on the APPLICATION using data from third parties may incur the crimes of misrepresentation, embezzlement, or other more serious crimes, and maybe civilly or criminally liable for such conduct, under the terms of the law. The USER is legally responsible for the veracity and authenticity of the information provided in the APPLICATION and during the use of the SERVICES, exempting WOLT from any responsibility in this regard.
2.7. The USER may not indicate, register, or use: (i) the username of another person, without the express authorization of that other person, with the intention of pretending to be the other person or confusing other users about their identity; or (ii) a username that is obscene and/or offensive to morals and good customs.
2.8. It is the USER's duty to ensure the custody and confidentiality of his/her access password and to be responsible for all acts performed under his/her ACCOUNT. The USER will immediately notify WOLT, via email, of any unauthorized access or any breach of security related to its ACCOUNT ACCESS that it becomes aware of. In these situations, the USER must immediately change his password.
2.9. The USER's registration and password are personal and non-transferable, and the assignment, sale, rent, or any other form of transfer of the ACCESS ACCOUNT is prohibited.
3 - SERVICES
3.1. The SERVICES made available to USERS are those indicated below, and are intended to provide body health. Nevertheless, the USER acknowledges that WOLT is not intended to guarantee weight reduction, nor to improve the USER's physical conditioning and fitness.
3.2. USER acknowledges that WOLT is not a medical organization. In case of concern or questions about your health, the USER should consult with a doctor or other health professional, and it is even indicated that even before starting to use the SERVICES provided, the USER consults, in addition to a doctor, professionals in the area of ​​Physical Education, Therapists and Physiotherapists, among other professionals in the area.
3.3. WOLT provides movement therapy information and instructional videos for general information purposes only.
4. USER CONTENT AND PRIVACY
4.1. The collection, use, and treatment of USERS' personal data are duly detailed in the Privacy Policy (“PRIVACY POLICY”).
4.2. WOLT does not allow USERS to express themselves through the insertion of their own content in the SERVICES, including sounds, images, videos, and texts, including comments that express their opinions about any services offered there.
5. INTELLECTUAL PROPERTY
5.1. WOLT is the sole and exclusive licensee and/or holder of all intellectual property rights over the SERVICES, including its trademarks, logos, domain names, layouts, visual configurations, designs, patents, industrial models, texts, graphics, words, images, videos, among others (“INTELLECTUAL PROPERTY”).
5.2. The USER is aware and agrees that the INTELLECTUAL PROPERTY may never be used without express prior authorization, as the case may be. The mere access and use of the PORTAL and the APPLICATION do not grant the USER a license to use the INTELLECTUAL PROPERTY.
5.3. After contracting the SERVICES, the USER will have a limited non-transferable license for use solely for their own personal use and on only 1 equipment.
5.3.1. Whenever the USER registers a new device, the previous device will no longer be able to access the contracted content.
5.4. The USER must not:
a) license, sublicense, sell, resell, transfer, assign, distribute, commercially exploit or otherwise make the SERVICES available to third parties in any form;
b) modify or create derivative works based on the SERVICES;
c) create internet links to the SERVICES or frame or mirror any application on any other wired or wireless server or internet-based device;
d) reverse engineer or access the SERVICES to design or create a competitive product or service, design or create a product using similar ideas, features, functions or graphics from the SERVICES or copy any ideas, features, functions or graphics from the SERVICES, or create an automated program or script, including but not limited to web spiders, crawlers, internet robots, web ants, web crawlers, bots, viruses or worms, trojans, or any program that may make multiple server requests per second, or unduly overload or hinder the operation and/or performance of the SERVICES.
e) interfere with or interrupt the integrity or performance of the SERVICES, or the data contained therein; or,
f) attempt to gain unauthorized access to the SERVICES.
5.5. WOLT shall have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. WOLT may engage and cooperate with legal authorities to prosecute USERS who violate these TERMS OF USE.
5.6. The use of any INTELLECTUAL PROPERTY is prohibited, including for commercial, advertising, publishing, or any other purposes that contradict the reality for which it was conceived, as provided in this document. Reproduction, distribution, dissemination, adaptation, modification, edition, availability in any media or any use, in whole or in part, of the INTELLECTUAL PROPERTY dealt with in this term are also prohibited.
5.7 WOLT respects copyright laws and expects its USERS to do the same.
5.8. WOLT individually shall have all rights, titles, and interests, including all related intellectual property rights, in and to the SERVICES, and any suggestions, ideas, improvement requests, comments, recommendations, or other information provided by you or any other party. relating to the SERVICES.
5.9. These TERMS OF USE do not constitute a sale and do not convey to you any ownership rights in or relating to the SERVICES or any intellectual property rights held by WOLT. The name and logo associated with the SERVICES are trademarks of WOLT, its affiliated companies, or third parties, and no right or license is granted to use them.
6. ACCESS TO THE APPLICATION AND CONTRACTING SERVICES SUBSCRIPTION
6.1. The procedures for acquiring and canceling subscriptions to the SERVICES offered by WOLT, the download and access to the APPLICATION and the respective payment(s), and eventual refunds of values ​​will always occur through the APPLICATION itself.
6.2. The service subscription is always contracted with automatic renewal, for the same period of the previous subscription, and it is up to the user to inform that he does not want to renew it.
7. PRICE, PAYMENT METHOD
7.1. By mere liberality, downloading the APPLICATION, accessing it, and accessing any free content that may be made available, are free.
7.2. The other SERVICES are charged. The USER will pay WOLT, through authorized means or through the chosen virtual store, the amount stipulated in the price list in force on the date of contracting the subscription. Such payment will be made by the USER directly to the authorized means and must follow the terms, conditions, procedures, and privacy policy adopted and accepted by the USER. The non-payment of the PRICE by the USER will result in the impossibility of accessing the SERVICES contracted for a fee.
7.3. The Parties acknowledge that the amounts charged by WOLT, through authorized means, do not include Internet access fees and payments, such as amounts for contracting and maintaining data plans, mobile telephony, cable internet, and other fees arising from this use, nor any other amount charged by the authorized means or by the virtual stores, which are the exclusive responsibility of the USER.
7.4. Any change in the PRICE previously authorized by the USER through the authorized means or the virtual stores will be notified to the USER prior to the charge.
7.5. If there is a delay in the payment of the amount(s) due and/or any additional payments foreseen due to the subscriptions of contracted services, the subscription may be immediately interrupted and the contract will be considered terminated, and the contractual fine will be established under the percentage of 30% (thirty percent) of the residual value of the subscription plan contracted due to default.
7.6. Failure to use WOLT does not imply the automatic cancellation of the subscription to any of the SERVICES contracted, the USER being subject to regular charging, in the contracted modality, and the consequences of non-payment, provided for in these Terms of Use.
7.7. The USER will only have access to the SERVICES contracted after proof of payment by the respective financial institution. In this way, the non-approval of the payment due to lack of credit or any problem attributable to the USER or the financial institution will exempt WOLT from releasing access to the SERVICES and any other obligations provided for in these Terms of Use.
7.8. The taxes and other tax charges that are due, directly or indirectly, by virtue of the amounts paid or received through these Terms of Use or by virtue of their execution will be the responsibility of the taxpayer as defined in the tax rule, without the right to reimbursement.
8. RIGHT TO REPENTANCE AND EXTINCTION HYPOTHESES
8.1. The USER has a period of 07 (seven) consecutive days, counting from the date of contracting any subscription, to exercise their right of repentance and cancellation, without the need to justify the reasons that motivated them and without incurring any penalty. In this case, there will be a full refund of the amount paid by the USER.
8.2. If the USER intends to cancel his subscription, aiming at non-automatic renewal, he must do so at least 5 days in advance, being sure that he must observe the closing date of his credit card bill, as well as its rules.
8.3. WOLT is not responsible for charges made upon cancellation when the Card's invoice is already closed due to the User's failure to comply with the rules of his credit card operator.
8.4. Each and every plan contracted will have a free trial period of 7 (seven) consecutive days, and this period already includes the period contained in item 8.1. Only after this period will the contract period begin to flow.
8.5. After contracting the services, after the 7-day trial period, in the event that the USER cancels his subscription before the end of the contracted plan, there will be no refund of any amount. This is because the contracted amount refers to a single payment and no monthly fees.
8.5.1. The amount due can be paid in installments under the terms and conditions contained in the APPLICATION, and once a plan has been contracted for a period longer than the monthly plan, in the event of cancellation, the USER will be entitled to enjoy the period acquired, and charges will normally be made.
8.5.2. However, WOLT may, by mere liberality and at its sole discretion, return any amounts of services sold and not yet provided with the application of a fine corresponding to 30% (thirty percent) of the residual value of the contracted plan. , including WOLT being authorized to withhold/offset any amounts owed/received from the USER.
8.5.3. Similarly to the item above, WOLT may, also for mere liberality and at its sole discretion, charge the USER only the difference between the monthly, quarterly, and half-yearly plan (depending on the case) and return only the difference between the purchased plan and the corresponding plan that the USER remained using the services purchased.
8.6. In any event of refund of amounts already paid, in the event that the purchase was made by credit card, the refund of the amount will be made through a single chargeback, and the deadline for carrying out the chargeback will correspond to the policy established by each credit card administrator.
9. EXCLUSION OF WARRANTIES AND LIABILITY
9.1. WOLT uses in its services the best and most modern technologies for the security of its USERS. However, due to operational issues, outsourcing services, the portal, and application may be subject to possible interruption problems, technical failure, and temporary unavailability of operation. When reasonably possible, WOLT will give prior notice of interruptions in the functioning of its portal and application to its users.
9.2. WOLT disclaims any liability for damages of any kind that may arise from the lack of availability or continuity of services.
9.3. WOLT is not responsible for any damage or loss from sending information or advertising content that has not been sent by WOLT itself, whether or not requested by the USER (SPAM).
9.4. WOLT is not responsible for any damage or loss to USER arising from USER's use of any information or program made available through the Services, including damage to USER's physical and mental health, physical harm, or illness.
9.5. WOLT is not responsible for any case in which a systemic error occurs that changes data or information regarding the SERVICES, including the prices, informed in the application.
9.6. We emphasize that WOLT is not responsible for any credit disapproval at the time of making the purchase through one of the authorized means, as these are procedures of third-party means. We also inform you that WOLT is not aware of the reason for the credit disapproval and other reasons for the eventual disapproval. If your purchase is rejected for these reasons, please contact the third party used at the time of purchase or the authorized means to resolve this incident.
9.7. In addition, WOLT is not responsible for any damage, loss, or loss to the USER's equipment caused by the system, server, or connection failures resulting from third-party conduct, including malicious software actions such as viruses, trojans, among others, which may, in some way, damage the USER's equipment or connection as a result of accessing, using or browsing the APPLICATION, as well as the transfer of data, files, images, texts, audios or videos contained therein.
9.8. Photos, videos, and images used in the SERVICES are merely illustrative and may not reflect reality.
9.9. In all promotions and partnerships, discounts will not be cumulative, that is, in the face of two or more promotions or discounts, it will be necessary to choose the one that best suits you, exempting WOLT and third parties from any liability in this regard.
10. MODIFICATIONS TO THIS DOCUMENT
10.1. WOLT reserves the right, in its sole discretion, to modify or replace these TERMS OF USE, or to change, suspend or discontinue the SERVICES (including, without limitation, the availability of any feature, database, or content) at any time. time, by posting a notice on the APPLICATION or by sending you a notice via the SERVICES or via email. WOLT may also impose limits on certain SERVICES or restrict your access to parts or all of the SERVICES without notice or liability.
10.2. If the USER does not agree with the new rules, he/she must immediately cease using the APPLICATION and the SERVICES, being certain that the USER will not be owed any compensation or refund of value in this case.
10.3. By continuing to access the APPLICATION or using the SERVICES after the changes take effect, the USER automatically agrees with the content of the changes made. Therefore, you understand that you should regularly check any changes to the TERMS OF USE.
11. CANCELLATION
11.1. The USER may cancel the SERVICES contracted through the APPLICATION.
11.2. WOLT may, at its sole discretion, notify, suspend or cancel, temporarily or permanently, a USER's access, at any time, and take appropriate legal action if: (i) the USER violates any of the representations, warranties, and obligations of the USER contained in these TERMS OF USE or any policies and rules adjacent thereto;
(ii) the USER performs fraudulent or malicious acts; or (iii) WOLT understands, in its sole discretion, that the USER's activities and attitudes have caused or may cause damage to third parties or to WOLT itself. The USER will not be entitled to any indemnity or compensation for the cancellation or suspension of their access account in these cases.
11.3. The cancellation of the USER's access to the SERVICES or the discontinuation of its provision by WOLT may result in the immediate loss of all USER information related to the USER's registration, access account, and USER CONTENT already made available on WOLT. The USER will not be entitled to any indemnity or compensation for the loss of this information.
12. GENERAL PROVISIONS
12.1. Tolerance of possible non-compliance with any of the clauses and conditions of this instrument will not constitute novation of the obligations stipulated herein, nor will it prevent or inhibit their enforceability at any time.
12.2. The USER is solely responsible for installing the WOLT eventually necessary to access the SERVICES, as well as ensuring that his/her equipment has at least the accessibility requirements provided for on the platform on which the Application is collected.
12.3. The USER expressly authorizes WOLT to make contact through all available channels, including electronic mail (e-mail), cell phone, SMS, among others, emphasizing that the only way of information for the USER is the APPLICATION or E-mail. reporting in the same.
12.4. The SERVICES and any promotions carried out therein are based on the official time zone of Brasília (capital of Brazil).
12.5. WOLT is authorized to transfer or assign, in whole or in part, its rights and duties arising from these TERMS OF USE.
13. APPLICABLE LAW AND DISPUTE RESOLUTION
13.1. These TERMS OF USE are governed, in all respects, by the laws of Brazil, and shall be deemed to have been made and accepted in Brazil, without regard to its conflict of law provisions.
13.2. If any provision of these TERMS OF USE is held by a court having competent jurisdiction to be invalid, the parties agree that the court shall endeavor to carry out the parties' intentions reflected in said provision, and the remaining provisions of the TERMS OF USE shall USE remain in full force and effect.
14. FINAL PROVISIONS
14.1. The Portuguese text of these TERMS OF USE constitutes a single authentic text. In case of any discrepancy between the Portuguese text and the translation into a foreign language, the Portuguese text will prevail.
15. CORPORATE INFORMATION
15.1. WOLT serves subscribers in many countries. The entity that provides access to the SERVICES and qualifies as:
WOLT HEALTH TECH LTDA., a legal entity governed by private law, headquartered in
Av. Imperatriz Leopoldina, nº 1248, Vila Leopoldina, São Paulo – SP, Zip code: 05305-002 - Brazil, registered with the CNPJ/MF under No. 39.512.516/0001-50.