HEAL2HEART APP SERVICE PROVIDER TERMS AND CONDITIONS
Effective Date: Jan 2021
Welcome to these Service Provider Terms and Conditions (these “Conditions”), which govern your use of the Heal2Heart mobile application (the “Heal2Heart App”) and associated website, tools and features. These Conditions is an agreement between you (the “CAM Service Provider”) and Heal2Heart Sarl-s (“Heal2Heart”) with respect to your use of the Heal2Heart App to list and provide holistic healing (or CAM) services to Clients, as well as other tools, features and services you may enjoy therein (collectively, the “Services”).
By using the Heal2Heart App and the Services and by clicking or ticking the “I accept” or “I agree” box or column (whichever applies), you hereby consent that you have read the entirety of these Conditions and that you agree to them. If you do not agree with these Conditions, you may not use the Heal2Heart App.
The following terms have the definitions attached to them under these Conditions.
To register on and use the Heal2Heart App to provide services, you must have attained the age of majority applicable to your location (usually 18 in most countries), and you must be able to form a legally binding agreement. You must also be eligible to provide the services listed on your profile in a professional manner. Likewise, you are not eligible to use the Heal2Heart App if the law of your location restricts you from doing so.
To provide CAM services on the Heal2Heart App, you must create an account and submit certain data to us. This data may include your name, image, email address, phone number, country, date of birth, language(s), valid ID or passport photo and login details. You must also update your profile data, including uploading a clear image, setting your availability status, adding a payout method, defining your area of service and optionally posting your certificates/diplomas. Your name, image, languages, country, area of CAM service and certificates/diplomas will be publicly available to Clients and other users.
By providing registration and profile data to us, you agree and warrant that the data you provide is accurate, complete and valid and that you will be responsible for whatever activities occur under your account. If you are creating an account on behalf of an organisation, you warrant to us that you have the authority and permission to act on the organisation’s behalf. You also warrant that you will notify our support team immediately you perceive any third-party access to your account. Please, note that we may, in our discretion, refuse your request to create an account on the Services.
In relation to your account, you agree that you will NOT:
In order to make account registrations easy, users are provided with third-party account login features using social media plugins. You may sign up or log in to the Heal2Heart App using any available third-party account such as Facebook. By signing up or login into the Heal2Heart App through any third-party account, you automatically grant Heal2Heart the right to obtain the necessary data from such a third-party account, including your image, email address, contacts and other relevant content available on such third-party account needed to provide you with an account.
Apart from your User Content (described below) and other third-party content, all the content available on the Hea2lHeart App, including without limitation, the source codes, software, databases, functionality, web and app design, articles, texts, videos, graphics, audios, images, icons and logo (“App Content”), and our trademark and service mark (“Marks”) are owned and licensed to Heal2Heart and are subject to copyright and other intellectual property rights in Luxembourg, Europe and other parts of the world. The Heal2Heart website and app designs, icons, logos, headers, and service names are registered trademark, common law trademarks or trade dress of Heal2Heart in Luxembourg and other locations. You are not permitted to use our trademark or trade dress, including as part of domain names, in connection with any service or product in any manner that is likely to bring confusion, and you may not copy, imitate or use our trademark or trade dress in whole or part without our written approval.
Heal2Heart provides the App Content to you on “as is” basis for your information and personal use only. We do not permit you to copy, use, reproduce, aggregate, distribute, transmit, display, advertise, sell, sublicense or exploit it for any other purposes not defined under these Conditions without our written approval.
Subject to your compliance with these Conditions, Heal2Heart grants you a limited, non-transferable, royalty-free, non-sublicensable and revocable license to access the Heal2Heart App and the App Content and download any portion to which you have properly gained access for your personal, non-commercial use. Heal2Heart reserves all rights not expressly granted to you in and to the Heal2Heart App, the App Content and Marks.
Certain areas on the Heal2Heart App provides you with the ability to submit certain content, such as comments, images, service description, company information (if any), chats, etc. (“User Content”). In order for Heal2Heart to make User Content available on the Heal2Heart App, we require your license to do so in accordance with these Conditions. Therefore, by posting User Content to the Heal2Heart App, you hereby grant Heal2Heart a non-exclusive, worldwide, irrevocable, royalty-free, perpetual license to use User Content for the Services and any purposes related to it, including without limitation, editing, doing derivative works, reproducing, publicly displaying, translating, hosting, revising or incorporating into other works, such User Content on the Heal2Heart App and associated media known to us, as well as grant other users similar rights.
User Content uploaded to any public part of the Heal2Heart App will be publicly made available to other users and visitors. You hereby acknowledge that Heal2Heart does not guarantee any confidentiality in relation to any User Content you submit to the Heal2Heart App.
You agree that users are solely responsible for any User Content they post to the Heal2Heart App. Heal2Heart is solely acting as a database; therefore, we make no warranty about the accuracy, validity, completeness, usefulness, relevance or legal status of any User Content.
Notwithstanding, when you post User Content to the Heal2Heart App, you warrant that:
Heal2Heart reserves the right to remove any User Content that it believes, in its discretion, violates the provisions of these Conditions, including terminating such user’s account for repeat violations.
We rely majorly on users to monitor violations of this paragraph. If you believe that any User Content violates this section or is otherwise inappropriate, please reach out to us via our Contact Us form.
You may not access or use the Heal2Heart App for any other purposes different from what Heal2Heart makes it available. The Heal2Haert App may not be used in connection with any commercial endeavours except those that are endorsed or approved by Heal2Heart. Prohibited uses include, without limitation:
Heal2Heart reserves the right to terminate your Client account without notice or liability if you violate any of the foregoing.
In relation to the services you provide through the Heal2Heart App, you hereby agree to abide by the following codes of conduct when engaging a Client:
When you provide services to Clients through the Heal2Heart App (including through sessions and courses), Heal2Heart charges you 12% of the total fees charged to the Client and any applicable VAT depending on your location (“License Fee”). The License Fee is due and deducted automatically upon the Client approving the session or course provided by you. You hereby authorise us to deduct the License Fee from your service earnings.
The remaining fees after the License Fee has been deducted is your net earnings for the services provided to the Client. Unless the Client initiates a dispute or requests a refund, earnings from sessions shall become available to you 5 days after Client approves the contract as completed while earnings from courses become available 48 hours after the course has been provided.
In order to withdraw your earnings or update your availability, you are required to add a payout method to your account. Your payout method may be your e-bank or BIC info (if based in Europe) or PayPal details. Earnings will be available in your preferred payout method in accordance with your payout method processing time minus any processing cost. Earnings are transferred to your payout method in EUR (Euro). Your payout method provider may apply charges for converting it to your local currency.
You hereby acknowledge and agree that you are responsible for:
In order to keep the Heal2Heart App running and alive, all CAM Service Providers are, by default, expected to offer 4 free sessions to 4 Clients. These 4 free sessions are usable on Clients who have 1 free session each when they sign up. The free sessions do not apply to any course listed on the Heal2Heart App by CAM Service Providers.
Heal2Heart respects users and third parties’ privacy and intellectual property rights; therefore, we require that users do the same. We respond to copyright infringement claims in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe any content on the Heal2Heart App, such as your image, belongs to you and you did not authorise the infringer to post such content, you may report to us in accordance with the procedures laid down in our DMCA Notice.
Likewise, if you believe that your content is a subject of copyright infringement and is removed by mistake, you may make a counter-notice to us using the procedures for making counter-notification in the DMCA Notice document referenced above.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE THAT YOUR ACCESS OF THE HEAL2HEART APP AND YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. HEAL2HEART DOES NOT WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATION. LIKEWISE, WE DO NOT WARRANT THAT THE HEAL2HEART APP WILL BE ACCURATE, SAFE, LEGAL OR APPLICABLE. THEREFORE, HEAL2HEART WILL BEAR NO LIABILITY TO YOU OR ANY THIRD PARTY FOR DAMAGES INCURRED FROM YOUR RELIANCE ON THE SERVICES.
HEAL2HEART HEREBY DISCLAIMS ANY AND ALL LIABILITIES FROM YOUR USE OF THE HEAL2HEART APP. THE HEAL2HEART APP AND THE SERVICES ARE PROVIDED ON “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, COMPLETENESS, QUALITY OR NON-INFRINGEMENT.
HEAL2HEART WILL NOT BE LIABLE TO YOU FOR:
CERTAIN JURISDICTIONS DO NOT ALLOW OR PERMIT THE EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE JURISDICTIONS APPLY TO YOU, THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HEAL2HEART, ITS EMPLOYEES, AGENTS, DIRECTORS, LICENSORS OR OTHER AFFILIATES BE LIABLE TO YOU OR THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FROM LOSS OF PROFIT, HEALTH, GOODWILL, DATA OR OTHER INTANGIBLE DAMAGES, THAT MAY ARISE FROM YOUR USE OF THE SERVICES, HEAL2HEART APP OR THE APP CONTENT, EVEN IF HEAL2HEART MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DESPITE THE LIMITATION OF LIABILITY ABOVE, HEAL2HEART’S LIABILITY (IF FOUND LIABLE BY A COURT HAVING COMPETENT JURISDICTION), SHALL NOT EXCEED THE GREATER OF THE LICENSE FEES YOU PAID ON THE SERVICES IN THE PAST 3 MONTHS OR THE SUM OF $100 (OR THE EQUIVALENCE IN YOUR CURRENCY).
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”. THIS PARAGRAPH ALSO APPLY TO LOCATIONS IN THE U.S. WITH SIMILAR LAWS, INCLUDING NORTH AND SOUTH DAKOTA AND MONTANA.
The Heal2Heart and the Services are provided from our base in Luxembourg to the European Union and the United States. Heal2Heart does not warrant that the Services is appropriate in whatever location you are using it from. If you use the Services, you understand that your use is at your discretion, and you are responsible for complying with your local laws.
You hereby agree to defend, indemnify and hold harmless, Heal2Heart, its employees, agents, licensors, directors, partners or any affiliates from and against any losses, damages, claims, liabilities, demands or expenses (including reasonable attorney’s fees) made by any third party due to or arising as a result of your use of the Heal2Heart App or the Services, your User Content, your breach of these Conditions or any applicable law or your representations and warranties.
These Conditions shall remain in force as long as the Heal2Heart App and the Services are in force. You may terminate your use of the Heal2Heart App at any time without liability.
Likewise, Heal2Heart may terminate these Conditions or your account for any reasons without incurring any liability, including for reasons relating to your violation of these Conditions, your warranties and representations or any applicable law. If we terminate your account for any reason, unless we are required to hold them by applicable law, we will pay all accumulated earnings and delete your account.
Upon the termination of these Conditions or your account, you are prohibited from creating another account under another or borrowed identity, even though you may be acting on behalf of a third-party.
Aside from our obligations to interfere in any matters relating to refunds and payments between users of the Heal2Heart App, we are not obligated to interfere in other matters, claims or disputes between users. You hereby agree that any dispute between you and any user is solely between you and such a user and that Heal2Heart is under no obligation to interfere. You hereby release us from any issues that may ensue between you and other users in relation to your use of the Heal2Heart App.
These Conditions and any activity in relation to the Heal2Heart App shall be governed and construed in accordance with the laws of Luxembourg. You hereby agree that any dispute you may have with Heal2Heart shall be brought to the courts in Luxembourg.
The Heal2Heart App may, on certain occasions, contain links or materials that lead to third-party websites or apps. That these third-party links are available through the Heal2Heart App does not mean we endorse them to be accurate, relevant or safe. If you access any third-party links or materials through the Heal2Heart App, you do so at your own risk, and you bear any losses or liabilities incurred from such links.
In order to engage in any session with any Client through the Heal2Heart App, you are required to have internet access and certain hardware tools, which shall be your responsibility. Heal2Heart is not responsible for providing you with the necessary device and data to provide any session to a Client through the Heal2Heart. Likewise, we are not liable for any error you may encounter as a result of the absence of internet access.
Certain parts of these Conditions may be reviewed, updated or changed without notice or liability to you. We may change those parts for reasons, including without limitation, changes in applicable laws or any features on the Heal2Heart App or the Services. Any such changes will be effective upon us posting it on this page and changing the Effective Date above. You are required to review this page frequently for possible changes. We reserve the right to communicate changes to these Conditions via your email address, your account or any portion of the Heal2Heart App. Your continued use of the Heal2Heart App and the Services constitutes your acceptance of any changes made to these Conditions.
We welcome suggestions, complaints, reports, claims, inquiries or feedback regarding these Conditions and the Services. If you wish to contact Heal2Heart regarding these Conditions or other matters relating to the Heal2Heart App, please reach out to our support via the Heal2Heart App or send a mail directly to us at firstname.lastname@example.org.