Os presentes Terms and Conditions (“Termos”) regulam a utilização da plataforma Holistic RAD, accessible at holistic-rad.com, operada por Holistic RAD, com sede em/no United Kingdom (“Plataforma”, “nós”, “nosso”).

Ao registar-se, subscrever um plano ou utilizar qualquer funcionalidadand the Plataforma, o utilizador (“Utilizador”) declara que leu, compreendeu e aceita integralmente os presentes Termos. Caso não concorde, deverá cessar imediatamente a utilização da Plataforma.

1. Definitions

For the purposes of these Terms, the following definitions apply:

• “Plataforma” — O serviço tecnológico SaaS (Software as a Service) operado por Holistic RAD, que permite a terapeutas gerir os seus serviços, agendamentos, clientes, tratamentos e comunicações de forma independing.
• “Terapeuta” — Registered user who subscribes to an access plan for the Platform to offer their therapeutic services through a personalised mini-site.
• “Parceiro” — Registered user in the Platform's affiliate programme, who refers new therapists in exchange for commissions.
• “Cliente” — Person who schedules or receives therapeutic services through a Therapist's mini-site. Clients are exclusively clients of the Therapist, not the Platform.
• “Subscription” — Access plan for the Platform, with a monthly or annual duration, subscribed by the Therapist.
• “Mini-site” — Personalised web page of the Therapist, generated by the Platform, accessible through its own address (custom slug).
• “Comissão” — Monetary value attributed to a Partner for the successful referral of a new Therapist.

2. Object and Nature of the Platform

2.1. The Platform is a technological tool that provides digital infrastructure for therapists of complementary and holistic therapies. The Platform allows:

• Creation of a professional personalised mini-site (with 5 visual themes available)
• Management of services, schedules, and availability
• Online booking system for clients
• Management of client records, sessions, and treatments
• Radionic tools (charts, biometers, rates, protocols)
• Email communication system with clients
• Shared treatment tracking with clients (upon activation by the Therapist)
• Virtual assistant (Alma) for guidance in using the Platform
• System of coupons and promotions for services
• Sharing of libraries (biometers, charts, enhancers) with the community
• Data export in CSV format
• Integrated support system
• Automatic operational backups

2.2. The Platform DOES NOT provide therapeutic, medical, or health services. It does not intervene in the relationship between the Therapist and their Clients, does not supervise the sessions conducted, and assumes no responsibility for the content, quality, results, or legality of the services provided by each Therapist.

2.3. The Platform DOES NOT access the content of therapeutic sessions, clinical records, or treatment data of clients. These data are the exclusive responsibility of the Therapist.

2.4. The Platform acts exclusively as a data processor on behalf of the Therapist, in accordance with the Privacy Policy.

3. Registration and Account

3.1. To use the Platform, the User (Therapist or Partner) must create an account through the registration form, providing true, complete, and updated information.

3.2. By registering, the User declares:

• To be at least 18 (eighteen) years of age
• To have the legal capacity to enter into contracts
• To have read and accepted these Terms and the Privacy Policy

3.3. The User is responsible for the security of their account and password. The Platform is not responsible for unauthorised access resulting from the User's negligence in protecting their credentials.

3.4. Each User may have only one active account. The creation of multiple accounts may result in the suspension or cancellation of all associated accounts.

3.5. The User undertakes to keep their registration data updated, notifying the Platform of any relevant changes.

4. Plans, Payments, and Subscriptions

4.1. Access to the Platform's features is subject to the subscription of a paid plan. The available plans, respective prices, and included features are presented on the registration page and can be consulted at any time on the Therapist's dashboard.

4.2. Plans may have a monthly or annual periodicity. The Therapist can change their plan at any time, with the value differences calculated proportionally.

4.3. The payment methods available for subscriptions include:

• Paidmento eletrónico via Stripe (cartão de crédito/débito)
• Transfer bancária (IBAN)

4.4. Subscriptions are not automatically renewed. The Therapist will receive email notifications before the expiration date and must manually renew their subscription.

4.5. In case of subscription expiration without renewal:

• Access to the management dashboard will be deactivated
• The Therapist's mini-site will no longer be accessible to the public
• The Therapist's data will be retained for the period defined in the Privacy Policy, allowing future reactivation

4.6. The Platform reserves the right to change the prices of the plans. Any changes will be communicated at least 30 (thirty) days in advance and will apply only to new subscriptions or renewals after the effective date.

5. Relationship with Clients and Session Payments

5.1. Clients who schedule sessions through the mini-sites are exclusively clients of the Therapist, not the Platform.

5.2. All payments made by Clients for therapeutic sessions are processed entirely (100%) in favour of the Therapist. The Platform does not charge any fees, fees, or commissions on session payments between Clients and Therapists.

5.3. The only source of revenue for the Platform is the subscriptions paid by Therapists.

5.4. The payment methods available for sessions are configured individually by each Therapist and may include: Stripe, bank transfer (IBAN), MB WAY, PayPal, and PIX.

5.5. The Platform does not intermediate, retain, or guarantee any payments between Clients and Therapists. Any issues related to payments, refunds, or session disputes should be resolved directly between the Client and the Therapist.

6. Obligations of the Therapist

6.1. The Therapist undertakes to:

• Provide their services professionally, ethically, and in compliance with the applicable legislation in the country where they operate
• Provide true and updated information about their services, qualifications, and prices
• Not use the Platform to provide medical, clinical diagnostic services, or services that replace conventional medical treatments
• Inform their Clients that the services provided are of a complementary and holistic nature
• Comply with applicable data protection legislation, as the data controller of their Clients' data
• Keep their tax and professional data updated
• Not publish illegal, defamatory, discriminatory content or content that violates third-party rights
• Not use the Platform for spam, fraud, or any illicit activity

6.2. The Therapist is solely responsible for the relationship with their Clients, including the quality of services, complaint management, cancellation policy, and compliance with tax obligations.

6.3. The Therapist acknowledges that the Platform may serve Clients under 18 years of age, provided the booking is made by the respective legal guardian. The responsibility for attending to minors is exclusively the Therapist's.

7. Partner Programme (Affiliates)

7.1. Eligibility and Registration

Any individual or legal entity aged 18 or over can apply for the Partner programme through the dedicated registration form. Acceptance into the programme is subject to approval by the Platform.

7.2. Operation

Each Partner receives a unique referral code. When a new Therapist registers on the Platform using the referral code (via URL or manual entry), they are automatically associated with the Partner.

7.3. Commissions

• Commissions are calculated based on the subscription payments made by the Therapists referred by the Partner
• The values and percentages of the commissions are defined by the Platform and may vary according to the current programme
• Commissions go through the following cycle: pending → approved → processing → paid
• The Platform reserves the right to review and approve each commission before payment

7.3.1. Commission Holdback Period

• Generated commissions are subject to a minimum holdback period of 30 (thirty) calendar days from the date of creation, during which they will not be eligible for approval or payment
• This period is intended to ensure that the underlying payment of the referred Therapist is definitively confirmed, including the completion of the legal cooling-off period (14 days) and any disputes or chargebacks.chargebacks)
• The Platform reserves the right to adjust the retention period, notifying Partners at least 15 days in advance.
• Commissions associated with payments that are refunded, charged back, or disputed during the retention period will be automatically cancelled, with no right to claim.
• The retention period applies equally to all commission types (fixed, percentage, or tiered).

7.4. Payment of Commissions

• Payments are made through the available methods: bank transfer (IBAN) or PIX.
• The Partner is responsible for providing correct and up-to-date bank details.
• Payments are processed according to the schedule defined by the Platform.

7.5. Discounts for Referred Therapists

The Partner may, according to the programme conditions, offer subscription discounts to the Therapists they refer. These discounts are defined by the Platform and may have a limited duration.

7.6. Tax Obligations

The Partner is solely responsible for fulfilling their tax obligations arising from the commissions received. The Platform does not withhold taxes at source and does not issue tax statements on behalf of the Partner.

7.7. Prohibited Conduct

It is expressly prohibited for the Partner to:

• Use spam, unsolicited communications, or deceptive techniques for recruitment.
• Create fictitious therapist accounts to generate fraudulent commissions.
• Present themselves as a representative, employee, or spokesperson of the Platform.
• Use misleading advertising or that misleads about the nature of the Platform.
• Use the name, logo, or brand of the Platform without prior authorisation.

7.8. Suspension and Termination of the Programme

The Platform may suspend or cancel a Partner's participation in the programme at any time, with or without prior notice, in case of violation of these Terms or prohibited conduct. In case of termination due to violation, the Partner loses the right to any pending or processing commissions.

8. Intellectual Property

8.1. Todo o software, código, design, marca, logótipos e conteúdo da Plataforma são propriedade exclusiva de Holistic RAD ou dos seus licenciantes, protegidos pela legislação de propriedade intelectual aplicável.

8.2. The Therapist retains ownership of all content they publish on their mini-site (texts, images, logos) and their Clients' data.

8.3. The Platform subscription grants the Therapist a non-exclusive, non-transferable, and revocable licence to use the features available in their plan during the active subscription period.

8.4. Reproduction, modification, distribution, reverse engineering, or use of the Platform's software for unauthorised purposes is prohibited.

9. Suspension and Termination

9.1. The Platform reserves the right to suspend or cancel the account of any User (Therapist or Partner), with or without prior notice, in the following cases:

• Violation of these Terms
• Provision of false or misleading information
• Use of the Platform for illegal or fraudulent activities
• Publication of illegal, offensive, or third-party rights-violating content
• Failure to pay the subscription for more than 30 days after the expiration date
• Abusive behaviour or behaviour that harms the Platform's operation or other users

9.2. In case of suspension or cancellation due to violation of the Terms:

• The Therapist is not entitled to a refund of any amounts paid
• The Partner loses the right to any commissions pending, approved, or in processing

9.3. The Therapist may cancel their account at any time by requesting deletion through the management panel or by contacting support. Voluntary cancellation is subject to the Refund Policy (section 10).

9.4. After cancellation, the User's data will be handled according to the Privacy Policy and legally applicable retention periods.

10. Refund Policy

10.1. The Therapist has the right to request a full refund of their subscription within 14 (fourteen) days after the payment date, in accordance with the right of withdrawal provided by applicable consumer protection law.

10.2. O pedido de reembolso deve ser efetuado por escrito, através do email [email protected].

10.3. The refund will be processed through the same payment method used for the purchase, within a maximum of 14 (fourteen) days after receiving the request.

10.4. The right to a refund does not apply in the following cases:

• Cancellation due to violation of the Terms (section 9.2)
• Subscriptions over 14 days from the payment date

10.5. After the 14-day period, the Therapist may cancel their subscription at any time, but will not be entitled to a proportional refund of the remaining period.

11. Limitation of Liability

11.1. The Platform provides technological infrastructure and is not responsible for:

• Damages, losses, or disputes arising from the relationship between the Therapist and their Clients
• The quality, safety, legality, or effectiveness of the therapeutic services provided
• Results obtained by Clients in therapeutic sessions
• Content published by Therapists on their mini-sites
• Financial losses arising from cancellations, refunds, or disputes between Therapists and Clients
• Failures, errors, or unavailability of third-party services (Stripe, payment processors, email services, hosting providers)
• Data loss due to circumstances beyond the Platform's reasonable control

11.2. To the maximum extent permitted by applicable law, the total and cumulative liability of the Platform to any User, for any cause and regardless of the form of action, is limited to the total amount paid by the User to the Platform in the 12 (twelve) months prior to the event giving rise to the claim.

11.3. Under no circumstances will the Platform be liable for indirect, incidental, consequential, punitive, or special damages, including, without limitation, loss of profits, loss of data, loss of business opportunities, or damage to reputation.

11.4. The Platform é fornecida “tal como está” (as is) e “conforme disponível” (as available), without warranties of any kind, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement.

12. Service Availability

12.1. The Platform strives to keep the service continuously available, but does not guarantee uninterrupted availability, error-free or free from technical failures.

12.2. Temporary interruptions may occur for maintenance, updates, or technical reasons. Whenever possible, the Platform will communicate scheduled interruptions with reasonable advance notice.

12.3. The Platform is not responsible for interruptions caused by external factors, including network failures, cyber-attacks, natural disasters, or third-party actions.

13. Changes to the Terms

13.1. The Platform reserves the right to update these Terms at any time. Changes will be published on this page with the indication of the date of the last update.

13.2. Significant changes will be communicated to Users by email at least 15 (fifteen) days in advance.

13.3. Continued use of the Platform after changes are published constitutes acceptance of the new Terms. If you do not agree with the changes, you should cease use and request the cancellation of your account.

14. Governing Law and Dispute Resolution

14.1. Os presentes Termos são regidos pela lei do United Kingdom.

14.2. For users residing in the European Union, additional rights provided by European consumer protection legislation, including Regulation (EU) 2019/1150 (Platforms for Business) and Directive 2011/83/EU (Consumer Rights), apply when applicable.

14.3. For users residing in Brazil, the provisions of the Consumer Protection Code (Law No. 8,078/1990) and the General Data Protection Law (Law No. 13,709/2018) apply.

14.4. As partes comprometem-se a tentar resolver qualquer litígio de forma amigável antes de recorrer a vias judiciais. Caso não seja possível alcançar um acordo, o litígio será submetido aos tribunais competentes do United Kingdom.

14.5. Users in the EU can use the European Commission's Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr

15. Contact

For questions related to these Terms and Conditions:

📧 Email: [email protected]
🌐 Website: holistic-rad.com

Para questões relacionadas com proteção dand thedos pessoais, consulte a nossa Privacy Policy ou contacte-nos através de [email protected].