Humanity in Transformation
Terms and Conditions of Use for HIT
These are the Terms and Conditions of Use ("Terms") that govern the access and use, by the Practitioner, of the intermediary services provided through the HIT - Humanity in Transformation ("App or HIT App") application, developed by HIT - HUMANITY IN TRANSFORMATION LTDA., a private legal entity registered under CNPJ/ME number 43.634.615/0001-82, with address at Rua Jurandir Rodrigues de Castro, 613, Jardim Santa Teresa, Jundiaí-SP, ZIP code 13.211-420, hereinafter referred to as "HIT".
ACCEPTANCE OF TERMS AND CONDITIONS OF USE
By registering and using the services made available through the App, the Practitioner declares to have read, understood, and accepted the Terms. If, at any time, the Practitioner does not agree with the Terms, they must immediately cease the use of the App and uninstall it from their device. Non-acceptance of these Terms implies the impossibility of using the App.
HIT may change and update the Terms at any time without prior notice. Any changes to the Terms that restrict Practitioners' rights will be communicated in a timely manner. This does not exempt the Practitioner from periodically checking the Terms. The fact that the Practitioner continues to access or use the Services after such posting represents their consent to be bound by the amended Terms.
If the Practitioner has any questions about these Terms, the App, and/or the Services, they may contact HIT via email at suporte@hitapp.com.br.
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DEFINITIONS
1.1 For the purposes of these Terms, the following expressions shall have the meanings specified below:
1.2 "App": Software owned by HIT, available on Android and iOS platforms;
1.3 "Therapist": Legal or physical person over 18 years old, with an active account in the App, who, with the aim of expanding the reach of their work, hires the intermediary services provided by HIT, making themselves available to potential Practitioners interested in hiring various Therapies described in the App for in-person or remote attendance;
1.4 "Therapies": Different types of services offered by Therapists according to their training and expertise;
1.5 "Practitioners": Physical individuals with active accounts who access the App to directly hire, under their responsibility, Therapies made available by Therapists;
1.6 "Users": Term used to refer collectively to Therapists and Practitioners with active accounts in the App;
1.7 "Commercial Partner": Legal or physical person with whom HIT has a contractual relationship, present or future, established with the purpose of offering other types of services, products, and/or facilities to Users registered on the platform;
1.8 "Account": Individual and non-transferable profile accessible through CPF/CNPJ and/or email and password, enabling the User to use the App, view and update their personal data and preferences, as well as access the chat;
1.9 "Services": Refers to the intermediary services provided by HIT to bring Practitioners and Therapists together.
1.10 Singular terms have the corresponding meaning in the plural, and vice versa. Unless the context of these Terms clearly indicates otherwise, words in the masculine gender include the feminine gender, and vice versa. The terms "includes" and "including" mean "including, without limitation".
2. OBJECT
2.1 These Terms regulate the intermediary services offered by HIT, which consist of bringing together Practitioners and Therapists interested, respectively, in enjoying and applying various Therapies.
2.2 The conditions for hiring and payment of Therapies will be freely and exclusively agreed upon by Practitioners and Therapists, under their responsibilities.
3. REGISTRATION
3.1 The Practitioner's registration on the App is personal, non-transferable, and free of charge.
3.2 To use the Services, the Practitioner must register and maintain an Account, filling in the mandatory fields. If the Practitioner wishes to include a photograph, the use of images of third parties, offensive images, or images that violate current laws is prohibited. In case of failure to confirm their data, the Practitioner's access to the Service may be blocked, at HIT's sole discretion.
3.3 To create and maintain an Account and use the Services, the Practitioner declares to be of legal age (minimum 18 years) or to have obtained authorization from their parents, guardians, or legal representatives, who are responsible for accepting these Terms on their behalf, monitoring and evaluating their proper use of the App and the Services offered therein.
3.4 The Practitioner, or if under 18 years of age, their parents, guardians, or legal representatives will be solely responsible for the truthfulness of the declared and entered information, undertaking to keep valid, updated, and correct information. The Account information is solely the responsibility of the person who provided it. In the event of causing any kind of damage or loss, appropriate measures may be taken by HIT to safeguard its interests and the integrity of other Users of the App.
3.5 Without prejudice to other measures, HIT may, at any time and at its sole discretion, suspend or cancel the registration of a Practitioner if:
(i) The Practitioner fails to comply with any provisions of these Terms or demonstrates their disagreement with these Terms;
(ii) They fail to meet their duties as a Practitioner, including with regard to payment of amounts possibly due, including to Therapists due to the contracted Therapies;
(iii) They engage in fraudulent or malicious acts;
(iv) The Practitioner's identity cannot be verified or if it is found that any information provided by them is incorrect.
3.6 The Practitioner is fully responsible for the use of the App's services in their name and/or with their password, as well as for taking the necessary measures and precautions to keep their access information strictly confidential, never providing it to third parties.
4. SERVICES
4.1 HIT provides intermediary services to bring Practitioners and Therapists together.
4.2 The use of Services by Practitioners is generally free, following a freemium model. The Practitioner will be informed in advance about functionalities that may generate charges and/or payments. HIT reserves the right to start charging for the Service or a part thereof at any time. The Practitioner will be informed in advance should this occur and will have the opportunity to consent to such charges for the Service or cease using it.
4.3 The Practitioner acknowledges that HIT acts solely as an intermediary to connect Practitioners and Therapists, facilitating the hiring of Therapies from a Therapist registered on the Application, and understands and declares that HIT does not provide any services to diagnose, prevent, cure, or verify the Practitioner's physical, mental, or emotional health conditions and state. The Practitioner also understands and declares that HIT does not guarantee the outcome of the Therapies and is not responsible for any effects they may have on the Practitioner. The Application does not serve as a substitute for medical, psychological, or similar treatments.
4.4 The choice and hiring of Therapy are made directly between Practitioners and Therapists, who are independent third parties and do not have any employment, partnership, or subordinate relationship with HIT. HIT is not responsible for any losses, damages, or harm arising from or related to the relationship established between Practitioners and Therapists, including payments due for the contracted Therapies.
4.5 HIT allows Practitioners to evaluate the service provided by the Therapist (rating from 0 to 5). It is forbidden, under penalty of suspension of the use of the Application and Services, to engage in any act or publication on any medium with defamatory, slanderous, violent, obscene, pornographic, racist, homophobic, illegal, or otherwise offensive content, as determined solely by HIT. Any act and content published by the Practitioner are their sole and exclusive civil and criminal responsibility, and for all legal purposes.
4.6 Through the Application, HIT may provide various materials (texts/videos/audios), free or paid, aimed at the self-awareness and personal development of the Practitioner, who can access the content according to their interests.
4.7 The Services should not be used while the Practitioner is driving, operating machinery, or performing any activity that reduces their attention, concentration, or care and poses risks to themselves or others.
4.8 HIT reserves the right to modify or discontinue the Service or part thereof, temporarily or permanently, at any time, with or without notice. The Practitioner agrees that HIT will not be held liable and will have no additional implicit or explicit obligations to the Practitioner or third parties due to any modification, suspension, or deactivation of the Service.
5. COMMUNICATIONS
5.1 All communications between Practitioners and Therapists, including Therapy hiring, must be conducted within the Application itself, via chat.
5.2 Communication between Practitioner and Therapist may be stored in the Application to preserve a complete history of hiring and selected Therapies, as well as to verify compliance with the policies and rules established in these Terms.
5.3 HIT does not assume any responsibility for the content of communications between Practitioners and Therapists, nor is it obligated to monitor such content. However, HIT reserves the right to monitor these messages and may take necessary measures regarding aggressive, defamatory, insulting, or otherwise rule-violating words and expressions, according to these Terms.
6. GEOLOCATION
6.1 With the prior authorization of the Practitioner, HIT may use geolocation services through the Application, allowing the Practitioner to locate Therapies offered by Therapists closest to their location, based on the previously informed preferences, thus enhancing the user experience.
6.2 The geolocation service may be used to issue automatic alerts and notices regarding delays, absences, and/or completion of the contracted service.
7.PROMOTIONS
7.1 HIT may, at its sole discretion, create promotional codes for use in the Practitioner's Account and/or with Business Partners. Each promotional code may be subject to additional conditions set by HIT.
7.2 The Practitioner agrees that promotional codes: (i) must be used legally for the purpose and audience they are intended for; (ii) must not be duplicated, sold, transferred, or made available to the general public in any way (whether through public posting or any other method), unless expressly permitted by HIT; (iii) may be disabled by HIT at any time, at its sole discretion, without resulting in any liability for HIT; (iv) can only be used according to the specific conditions set by HIT; (v) are not valid as cash; and (vi) may expire before being used.
8. GYMPASS COMMERCIAL PARTNERSHIP
8.1 HIT may offer benefits to its users through a commercial partnership established with GPBR PARTICIPAÇÕES LTDA. - CNPJ 15.664.649/0001-84.
8.2 Gympass beneficiaries may use HIT services with all the benefits currently available to subscribing users (HIT Members), following the freemium model, with access to limited content and features.
8.3 Gympass Wellness beneficiaries must activate their accounts through the partner platform (Gympass) to create a specific profile on the HIT application, respecting data protection laws through platform partner submission.
8.4 Gympass beneficiaries listed among the plans provided on the website and communications at https://www.hitapp.com.br/gympass may have access to therapy sessions through an agreement with trained and officially qualified Therapists to attend Gympass users.
8.5 Users who do not fall within the benefits mentioned in item 8.3 will not have the right to use undue benefits.
8.6 Users who have exhausted their monthly benefits will not have the right to request or schedule additional subsidized appointments.
8.7 Changes, cancellations, and rescheduling should be handled directly between the user and the chosen professional, and HIT will not be responsible for such matters. HIT recommends that the Practitioner cancels their appointment at least 3 hours before the scheduled time. If the Practitioner cancels the session less than 3 hours before the scheduled time, the Therapist must cancel the appointment by sending a message to record the occurrence, and the therapy voucher will be considered used. The same rule applies if the Therapist fails to show up for the scheduled appointment. If the Therapist fails to show up for the appointment without prior notice of 3 hours, HIT will be notified through communication channels, and HIT will notify the Therapist to prevent it from happening again.
8.8 HIT and Gympass reserve the right to make changes to the levels of plans and benefits agreed upon for their users, with prior communication.
8.9 Users who make contractual changes to their plan directly with Gympass will have their profile updated in HIT according to the changes made, whether to a higher or lower level of benefits.
8.10 Users who cancel their contractual subscription with Gympass, having their plan deactivated on the platform, will have their benefits automatically canceled on HIT.
8.11 Users who knowingly circumvent or sabotage the established partnership benefits may have their accounts immediately suspended by HIT.
8.12 Only Therapists trained and authorized by HIT will be available to attend Gympass beneficiaries - no other Therapist without the logo on their profile and signed terms may attend Gympass beneficiaries, preventing undue requests for free consultations by Practitioners.
9. SOFTWARE LICENSE
9.1 Subject to compliance with these Terms, HIT grants the Practitioner a free, limited, non-exclusive, personal, non-transferable, and revocable license solely to access and use the Service for personal, non-commercial purposes through any compatible device.
9.2 HIT does not guarantee that its software and/or related third-party software are free of errors, bugs, potential interruptions, failures, or that they are compatible with any hardware, software, and in particular any specific mobile device. The Practitioner acknowledges that the software may not be available for various reasons, including, but not limited to, regular system maintenance (scheduled or unscheduled), technical failures, fortuitous events, force majeure, communication infrastructure problems, viruses, and similar issues, without any possibility of holding HIT liable for any intermittence, including other damages of any kind related.
10. PAYMENTS
10.1 HIT may charge for all or part of the Service, at its discretion. Currently, except for the hiring of Therapies offered by Therapists, access to and use of the Application by Practitioners are free.
10.2 When contracting a Therapy, the Practitioner will pay directly and exclusively to the Therapist. The price of each appointment may vary depending on the Therapist and the type and duration of the selected Therapy, as well as other related conditions.
10.3 The amounts owed by the Practitioners for the contracted Therapies must be paid directly to the Therapists or through payment options provided by HIT.
10.4 The responsibility for the payment of amounts owed to Therapists lies solely with the Practitioners, so HIT cannot be held liable for delays or non-payment.
10.5 Changes, rescheduling, and/or cancellations of Therapies must be handled directly with the Therapist via chat. HIT does not offer refunds for scheduled and unused and/or partially used Therapies.
10.6 The rules and guidelines regarding subscription payments for the HIT annual plan are set forth in the HIT Member Terms and Conditions.
11. LIMITED WARRANTY
11.1 The Practitioner expressly agrees and is aware that: (i) the use of the service is entirely at their own risk. The Service is provided to the Practitioner as it is available. HIT does not offer any guarantees beyond those expressly stated in these Terms; and (ii) HIT cannot guarantee that: (a) the service provided by Therapists will meet the Practitioner's expectations and/or needs; (b) the Service will be provided continuously and promptly; (c) the quality of any other offers, information, or other material accessed, obtained, provided, or provided to the Practitioner in connection with the service will meet expectations; (d) improvements or innovations will be implemented; and (e) the Therapists hired and the Therapies they apply, despite the procedure carried out by HIT to approve the registration of Therapists, will be reliable, punctual, and suitable.
11.2 The Practitioner expressly agrees and is aware that HIT will not have any responsibility, whether contractual or extra-contractual, for any material or moral damages, including, but not limited to, damages for lost profits or information or other intangible losses resulting from: (a) the use or inability to use the service, including related internet access; (b) security breaches and unauthorized access to Practitioner's transmissions or information, as well as their alteration; (c) guidance or conduct of third parties regarding the service; and (d) force majeure or acts performed by the Practitioner or Therapists and acts performed under the responsibility of third parties.
12. LIMITATION OF LIABILITY
12.1 HIT acts as a business intermediary and, therefore, is not a party to the negotiations and contracts entered into between Practitioners and Therapists. Therefore, the responsibility for all obligations arising from such relationships, whether fiscal, labor, consumer, or of any other nature, shall be solely that of the users themselves.
12.2 The Practitioner acknowledges and agrees that the Therapists are solely responsible for the Therapies. HIT will take all possible measures within its scope to ensure that the Practitioner has the best possible experience also with the use of Therapies applied by the Therapists, but HIT expressly disclaims any warranty and is not responsible for any Therapist, including their technical and personal attributes, continuous evaluation of Therapists and Therapies applied, as well as any acts, facts, losses, damages, and losses related directly or indirectly to the Therapies applied by the Therapists.
12.3 Despite the process of enabling Therapists for the use of the Application, the Practitioner is aware that the data of Therapists disclosed by HIT, including, but not limited to, their full name, qualifications, and available Therapies, were provided exclusively by the Therapists themselves.
12.4 The Practitioner agrees to indemnify and hold HIT harmless from any losses and damages that may be demanded, including legal expenses and attorney's fees, due to: (i) any illegal or unlawful act committed by the Practitioner or Therapist; (ii) the use of Services provided by HIT and made available in the Application; (ii) the breach of these Terms; or (iv) violation of the rights of third parties, including Therapists and other Practitioners.
13. INTELLECTUAL PROPERTY
13.1 The trademarks, names, logos, domain names, and other distinctive signs, as well as any and all content, design, artwork, or layout of HIT published in the Application and the Service itself, are the exclusive property of HIT.
13.2 Any acts or contributions aimed at decompiling, reverse engineering, modifying the features, expanding, altering, merging, or incorporating into any other programs or systems of the Application or Service are prohibited. In short, any form of reproduction of the Application or Service, in whole or in part, permanent, temporary, or provisional, free of charge or for consideration, under any modalities, forms, or titles, is expressly prohibited.
14. CANCELLATION OF ACCESS TO THE APPLICATION
14.1 The Practitioner agrees that HIT, at its sole discretion, may cancel its use of the Service, including, but not limited to: (i) due to breaches and/or violations of these Terms; (ii) due to judicial order or competent legal requisition by a government authority; (iii) at the request of the Practitioner itself; (iv) due to deactivation or modification of the Service (or any of its parts); (v) due to fortuitous events, force majeure, and/or security issues; (vi) due to inactivity of the account for a reasonable period of time; (vii) due to the alleged practice of any fraudulent or illegal activity by the User, at the discretion of HIT; (viii) due to inappropriate use of the Application, at the discretion of HIT; and/or (ix) due to non-compliance by the Practitioner with any obligations, amounts, or payments due for the Service, when applicable.
14.2 The Practitioner agrees that the termination of their access to the service, for any reason stated in these Terms, may occur without prior notice, and all information and data may be permanently deleted.
14.3 The Practitioner may request the cancellation and deletion of their data at any time, through the mechanism indicated in the application or by requesting through support email.
15. FINAL PROVISIONS
15.1 These Terms constitute the entire agreement between the Practitioner and HIT and will govern the use of the Service, replacing any previous agreement.
15.2 All notifications, notices, official letters, or any other form of official notification of HIT must occur at its registered address, described in the preamble of the Terms.
15.3 If HIT fails to exercise or enforce any right or provision of these Terms, this will not be construed as a waiver of such right or provision or constitute novation. If any provision of the Terms is deemed illegal, invalid, or unenforceable, in whole or in part, by any legislation, that provision or part thereof shall, to that extent, be deemed not to exist for the purposes of these Terms, but the legality, validity, and enforceability of the remaining provisions contained in these Terms will not be affected. In this case, the parties will replace the illegal, invalid, or unenforceable provision, or part thereof, with another provision that is legal, valid, and enforceable and that, to the maximum extent possible, has a similar effect to the provision deemed illegal, invalid, or unenforceable for the content and purpose of these Terms.
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JURISDICTION AND APPLICABLE LAW
16.1 These Terms are governed by the laws in force in the Federative Republic of Brazil. To resolve any doubts or questions concerning these Terms, the Central Forum of the city of São Paulo is chosen, to the exclusion of any other.
Last update: July 17th, 2023 - English version