TERMS AND CONDITIONS AND CONTRACTING POLICIES

Object and scope of application

These Contracting Policies regulate the terms under which the Client may subscribe to and use the services made available through the website https://myheed.app/, hereinafter referred to as the "Website", and the associated application.

They apply whenever a natural or legal person (the "Client") contracts or uses the services provided by Goal Oriented Solutions, Lda., hereinafter referred to as "HEED", through the Website and the respective User account.

These Contracting Policies complement HEED's Terms and Conditions and Privacy Policy and must be read together with those documents. In case of conflict, the provisions of these Contracting Policies prevail, without prejudice to mandatory rules of applicable law.

HEED identification

HEED software services are provided by:

For the purposes of these Policies, Client is the natural or legal person who acquires or intends to acquire a subscription or any service associated with HEED, acting, as a rule, within the scope of their professional activity (for example, psychologist in private practice or clinic).

Contracting process and account creation

The contracting of HEED services is carried out electronically, through the Website or the application (app.myheed.app), following the registration flow, plan selection and payment when applicable.

The process may include, among other steps, registration of a User account, selection of a subscription plan (monthly or annual), confirmation of contracting conditions and, when applicable, entry of payment data.

The Client is responsible for ensuring that the data provided is accurate, truthful and up to date. Use of the access account is personal and non-transferable; any operation carried out with the Client's credentials is presumed to have been carried out by themselves or by someone authorized by them.

HEED offers a 60-day free trial period, with no credit card required, as described on the Website. After this period, access to paid features depends on contracting a subscription plan.

The contract is considered concluded from the moment the Client receives confirmation of account creation and, in the case of paid plans, confirmation of payment or subscription activation.

Payments and payment platforms

Payments for HEED subscription plans are processed through external payment service providers, such as Stripe®., or others that may be indicated at any time. These providers are the only recipients of data relating to debit or credit cards and any other payment methods used, with HEED and its team not having direct access to such data.

In case of any incident related to payment processing, for example, card rejection, double charging or technical failures in the transaction, the Client must contact the payment provider directly, without prejudice to being able to inform HEED for follow-up purposes.

In these cases, the Client is solely responsible for the correction of data entered and for any problems that occur with the bank or financial intermediaries.

The "prices" page will indicate the current value of plans and additional services, as well as the period during which these prices remain valid. After this period, HEED may update prices, previously informing the Client of any changes that affect future renewals.

Promotional campaigns, discount codes or special offers apply only to new contracts, and cannot be applied retroactively to already active subscriptions or previously made payments.

Prices and taxes

All prices shown on the Website are expressed in euros (EUR) and, unless otherwise indicated, do not include VAT, with tax applied according to the rate in force and the tax rules applicable to the type of Client (professional established in Portugal, in the EU or in another country).

Taxes due by law will be clearly indicated on payment pages, in quotes, when they exist, on invoices and in any other support used to formalize the contract, in accordance with applicable Portuguese and European legislation.

Service availability and commencement

HEED services consist of software provided in SaaS (software as a service) model, provided remotely through the Internet. No physical support is sent.

Access to the service is, as a rule, made available immediately after account creation or confirmation of payment for the chosen plan, as the case may be, according to what is indicated on the Website (including any free trial periods). In situations of maintenance, technical unavailability or need for additional validations, the activation period may be longer, with the Client being informed whenever this proves necessary.

Duration, renewal and cancellation of subscriptions

HEED plans are, as a rule, made available in monthly or annual subscription mode, with automatic renewal at the end of each contracted period, except for prior cancellation by the Client, through the account area or through the contact channels indicated on the Website.

The Client may cancel the subscription at any time, taking effect at the end of the current billing period. Cancellation prevents new automatic renewals, but does not generate the right to refund amounts already paid, except if this results from mandatory legal rules or serious failure attributable to HEED in service provision.

When payments are split, for example, in an annual subscription paid in installments, amounts already settled are also not refundable in case of early cancellation, with access to the service maintained until the end of the paid period, except for written agreement to the contrary.

For cancellation purposes, the Client may use the option available in the User account or contact HEED by email at the address indicated on the Website, clearly identifying the account and the plan they wish to terminate.

Professional nature of service and consumer regime

HEED services are designed and marketed for use by professionals (notably psychologists in private practice and clinics), within the scope of their professional activity. As a rule, contractual relationships established with HEED therefore have a business nature (B2B) and are not governed by consumer protection regime.

Without prejudice to the above, if in any specific case the Client meets the legal requirements to be considered a consumer, the mandatory consumer protection rules that are relevant will apply, always prevailing over any contractual provisions to the contrary.

Service, features and price changes

HEED may introduce technical improvements, new features or changes in the way the service is provided, provided that these do not imply a substantial reduction of the main functionalities contracted by the Client, as described on the Website at the time of contracting.

Whenever it is necessary to discontinue relevant functionalities or significantly change subscription plans or respective prices, HEED will inform the Client with reasonable advance notice, allowing them to decide on the continuity of the subscription under the new conditions or its cancellation before the next renewal.

Right of refusal and service suspension

HEED reserves the right to refuse service provision or registration of new accounts whenever there are legitimate reasons, such as technical unavailability, suspicion of fraud, repeated breach of contractual obligations or abusive use of the service.

HEED may also temporarily suspend access to the Client's account in situations of non-payment, serious violation of Terms of Service, use of the platform for illicit purposes or contrary to applicable professional ethics, or whenever necessary to comply with a legal obligation or order from a competent authority.

Liability for contracted services and Client content

Within the scope of HEED service provision, HEED's action is always based on good faith and instructions provided by the Client.

The Client is responsible for all content they enter or manage through the platform, including patient data, clinical notes, documents, files and other information entered into the system. If any content provided by the Client violates intellectual property rights, personality rights (including health data) or other third-party rights, legal liability will fall exclusively on the Client, and not on HEED.

For the purposes of these Policies, HEED is not a party to the therapeutic relationship between the psychologist and the patient, nor does it assume any responsibility for the existence, performance or quality of consultations, clinical decisions made, content recorded in medical records or results of therapeutic intervention. Responsibility for this relationship and for the respective contracts, information provided and professional acts lies exclusively with the psychologist or the entity providing psychology services.

HEED will not be liable for indirect damages, lost profits, loss of data not attributable to its gross negligence, service interruptions caused by third parties or by circumstances of force majeure, without prejudice to liabilities that cannot be excluded under applicable mandatory legislation.

Integrations with third-party applications

HEED may provide integrations with third-party applications or services, namely billing solutions, payment platforms or scheduling tools. In these situations, HEED is limited to facilitating communication between the platform and the systems in question, not being responsible for the operation of these third-party services nor for compliance with legal obligations (including tax, accounting or ethical) that fall on the Client.

The content of invoices issued, amounts charged to the patient, correct tax settlement and management of consultation schedules are the exclusive responsibility of the Client.

Personal data protection

The processing of personal data in the context of contracting and use of HEED services is governed by the Website's Privacy Policy and Cookie Policy, where purposes, legal bases, retention periods, rights of data subjects and subcontractors are explained in detail.

These Contracting Policies must be interpreted in accordance with those policies, as well as with Regulation (EU) 2016/679 (GDPR) and applicable Portuguese data protection legislation.

Changes to these Contracting Policies

HEED may, whenever necessary, update these Contracting Policies to adapt them to legislative changes, supervisory authority decisions, technical developments of the service or changes in its commercial offering.

Any relevant change will be published on this page, indicating the effective date. Whenever changes substantially affect Clients' rights or obligations, they will be informed by email or through a notice in the User area, with reasonable advance notice.

Service closure and data export

If, by decision of HEED or due to legal, technical or economic reasons, the service is to be discontinued totally or substantially, HEED commits to informing the Client with reasonable advance notice, indicating the expected date for closure and the period available for the Client to export data stored on the platform.

During this period, HEED will provide, whenever technically possible, mechanisms that allow the Client to export the data for which they are responsible for processing. After the period indicated in the communication, data will be deleted or anonymized, without prejudice to legal retention obligations that fall on HEED.

Applicable law and competent jurisdiction

These Contracting Policies are governed by Portuguese law.

Except when mandatory law assigns competence to other courts (for example, in consumer matters), for the resolution of any disputes arising from the interpretation or execution of these Policies, the court of the district of Guimarães, Portugal, will be competent, with express waiver of any other.