Terms and Conditions of use of the “SOFTDIET” website and the “SOFTDIET” application

  1. This contract describes the general terms and conditions applicable to the use of the services offered by the Softdiet application and website, and defines the participation rules for registered users.
    1. You must read this contract carefully before using the services provided in the Softdiet web application and/or mobile application, which establish the terms under which the service is used and define the participation rules for Professionals registered in the service.

    2. If the user does not accept the terms and conditions of this agreement, they are not permitted to use the Softdiet website, application, or its services.

    3. Acceptance is expressly conditioned on the user’s agreement to all terms and conditions of this contract, including the privacy policy.

    4. Softdiet reserves the right to modify these terms and conditions at any time. Changes will be published on this page, and continued use of the platform after such changes constitutes acceptance of the new terms and conditions.

  2. Definition of Terms
    1. "Softdiet", "we" or "the company" refers to VITALCODE – HEALTH SOLUTIONS, UNIPESSOAL LDA, corporate entity no. 518 716 759, headquartered at R. Elias Garcia, no. 23, Póvoa de Varzim, Portugal. The company develops IT solutions for health professionals, providing innovative tools to optimise clinical management and follow-up.

    2. The term "Professional" refers to the registered user who accesses the reserved area for patient management and other functionalities available in the web version of the software.

    3. The term "Administrator" refers to the user associated with an Enterprise licence, who is granted extended permissions to manage organisational settings, supervise Professional accounts and access those accounts in view-only mode for auditing, support or internal control purposes. The Administrator cannot modify clinical data on behalf of Professionals and may only access information within the legitimate operational needs of the organisation.

    4. The term "Patient" refers to the user who accesses the mobile version of the software, made available by the Professional, to consult their data and clinical follow-up.

    5. The term "Receptionist" refers to the user with restricted access to the web version of the software, authorised by the Professional for administrative management and appointment scheduling purposes.

  3. THE SERVICE – The Professional
    1. For the purposes of these Terms and Conditions, a "Health Professional" is considered to be a user duly qualified to perform activities in the fields of nutrition and dietetics, namely nutritionists and dietitians registered with their respective professional orders or associations, and who use the software exclusively within their clinical practice.

    2. Softdiet provides Health Professionals with software designed for the online management of nutrition and dietetics consultations, based on principles of evidence-based clinical practice.

    3. The Professional may create and manage their clients’ records through the web version of the software, including sociodemographic data, nutritional anamnesis, anthropometry and other information relevant to the development of meal plans.

    4. The Professional is responsible for collecting, updating and validating client data, ensuring the accuracy and adequacy of the information used in clinical follow-up.

    5. The software provides modules to support clinical practice, including anamnesis, anthropometry and meal plan creation tools, whose use and interpretation are the sole responsibility of the Professional.

    6. The service also provides a mobile application for Android and iOS intended for the Professional, allowing access to features such as scheduling, communication with clients and security tools. Use of the mobile application follows the same responsibilities and obligations set out in these Terms and Conditions.

    7. After the licence expires, patient data will remain stored for a maximum period of 12 months, exclusively for the purposes of account reactivation, auditing, and compliance with legal obligations. During this period, the professional retains full responsibility for the processing of their patients’ data, including the handling of access, portability, or deletion requests. After the 12-month period without renewal, all data will be permanently and irreversibly deleted.

  4. THE SERVICE – The Administrator (Enterprise Licence)
    1. The Administrator is the user associated with an Enterprise licence, with extended permissions for organisational management.

    2. The Administrator may access the schedules of the organisation’s Professionals, including creating, editing and deleting appointments. When necessary, they may create new clients for the purpose of scheduling appointments.

    3. The Administrator may view the full clinical record of clients, except for chat messages, to which they do not have access.

    4. The Administrator may manage internal permissions, namely defining which users are authorised to delete appointments from their schedules or access specific functionalities.

    5. The Administrator may remove Professionals from the organisation but cannot delete their accounts, which remain under the exclusive control of each user.

    6. All actions performed by the Administrator must comply with applicable confidentiality, privacy and data protection regulations, and the organisation holding the Enterprise licence is responsible for the proper use of these permissions.

  5. THE SERVICE – The Patient
    1. Access to the mobile App is provided by the Professional through the Patient’s profile page, provided that the licence purchased includes this functionality.

    2. The Patient may access their data through the mobile App (Android and iOS), including sociodemographic information, anthropometry, meal plan, appointments, recipes and the Professional’s details, such as name, professional registration number, phone contact and workplace. The availability of additional features, such as communication with the Professional (including voice messages and file sharing), access to shared documents (Cloud) and other clinical follow-up tools, depends exclusively on the licence purchased by the Professional and on the activation or sharing of content by the Professional.

    3. Access to the mobile App depends on the validity of the Professional’s licence. Failure to renew the licence results in loss of access for the Patient.

    4. The patient’s access to the application depends on the active subscription of the responsible professional. Requests for access, portability, or deletion of personal data must be addressed to the professional, who is the data controller.

  6. THE SERVICE – The Receptionist
    1. Access to the web version of the software is provided by the Professional in the "Profile" menu.

    2. The Receptionist may access the management and scheduling of the Professional’s appointments at their workplace, provided that the Professional’s licence is active.

  7. Registration
    1. Registration on Softdiet is free and intended exclusively for nutritionists, dietitians and physicians registered with the Order of Nutritionists or the Order of Physicians, as applicable, whether as trainee or full members, or students enrolled in degree programmes duly recognised by the respective orders as qualifying for professional practice.

    2. The Professional benefits from a 15-day trial period.

    3. Continued use of the service thereafter is subject to a fee, as advertised on the Softdiet website.

    4. The Softdiet website and application reserve the right to request proof and/or additional data to verify personal information, as well as to suspend or permanently remove users whose data cannot be verified.

    5. Each individual may only have one registration, and Softdiet may cancel any subsequent registration created by the same person.

    6. The account is unique, personal and non-transferable. The Professional is therefore prohibited from registering or holding more than one account.

    7. The Professional has 1 (one) week from the date of registration to activate the account. After this period, Softdiet reserves the right to remove the account.

    8. If the Softdiet website or application detects different accounts containing matching or related data, they may suspend or cancel them.

    9. Acquiring the Softdiet service using fraudulent identity information may result in legal action and immediate suspension of the user account.

    10. The Professional is required to maintain the confidentiality of their access password.

    11. The Professional is responsible for all actions performed through their account, as access is restricted to the password, which is for their exclusive knowledge. The user must immediately report any unauthorised use of their account or access by third parties, through an appropriate communication channel.

  8. General terms of use
    1. Softdiet may exclude the Professional from using the service (e.g., preventing login) if the user violates any of the conditions set out in these terms of use.

    2. Softdiet is not responsible for any damage, loss or harm caused to users due to system, server or Internet failures.

    3. Softdiet is not responsible for user behaviour. If the user violates Softdiet’s rules, they assume full responsibility for any resulting damage or harm to any entity, individual or organisation, and Softdiet is exempt from any liability.

    4. Softdiet is not responsible for any virus that may infect the user’s equipment as a result of accessing, using or browsing the website, or due to the transfer of data, files, images, texts or audio contained therein.

    5. Softdiet does not guarantee continuous or uninterrupted access to its website or application, as the system may become unavailable due to technical difficulties, Internet failures or circumstances beyond Softdiet’s control.

    6. Softdiet is not responsible for the accuracy, adequacy, suitability or timeliness of the information provided through this service.

  9. Privacy of Information
    1. User data and their respective patient data stored on the website app.softdiet.pt remain in the system for a period of 1 year after account expiration.

    2. Personal data will be processed and stored on servers that maintain a high level of security and protection.

  10. User Responsibility
    1. By accepting these Terms of Service, the user undertakes to:

      • a) Provide and maintain truthful, complete and updated personal data;

      • b) Keep confidential the access credentials to their account on the website softdiet.pt and use only the account for which they are the legitimate holder, assuming full responsibility for actions performed with that account, even if carried out by third parties, with or without their authorisation;

      • c) Adopt only behaviours that do not violate the applicable legal framework or harm legally protected interests;

      • d) As a Professional, assume full and exclusive responsibility for their actions towards their clients.

  11. "Calendar", "Cloud" and "Questionnaire" Service
    1. The use of the Public Calendar, Cloud and Pre-consultation Questionnaire functionalities is the exclusive responsibility of the Professional. These tools are provided "as is", without any express or implied warranties.

    2. The Professional is fully responsible for ensuring that the use of these functionalities complies with all applicable laws and regulations, including, where relevant, data protection, confidentiality and informed consent requirements.

    3. All information shared, stored, made available or collected through these tools is the exclusive responsibility of the Professional, including inserted content, uploaded files, data collected from patients and information made available through the public calendar.

    4. Softdiet is not responsible for any direct, indirect, incidental, consequential or punitive damages arising from the use or inability to use these tools, including, without limitation, loss of profits, business interruption, data loss, improper disclosure of information or any other economic or operational loss.

  12. Intellectual Property
    1. All software, source code, design, interface, features, documentation, content and other elements made available through the Softdiet service are the exclusive property of their respective owner and are protected by applicable legislation on copyright, industrial property and other legal protection standards.

    2. Use of the service does not grant the user any intellectual property rights over the software or any of its components, and only a limited, non-exclusive, revocable and non-transferable licence is granted for use of the service under the terms set out in these Terms and Conditions.

    3. It is strictly prohibited to reproduce, modify, distribute, reverse engineer, decompile or engage in any other unauthorised use of the software or its components, except where expressly permitted by law.

  13. Security and Access
    1. Softdiet implements appropriate technical and organisational measures to protect data and access to the service, including authentication and encryption mechanisms. However, no digital platform can guarantee absolute security.

    2. The user is responsible for ensuring the protection of their device, access credentials and usage environment, committing not to share their password and to adopt appropriate security practices.

    3. Softdiet is not responsible for unauthorised access resulting from negligence, loss of credentials, use of compromised devices or any other situation attributable to the user.

  14. Limitation of Clinical Liability
    1. Softdiet is not responsible for clinical decisions, diagnoses, interpretations, recommendations or any outcomes resulting from the use of the software.

    2. All therapeutic decisions, analyses, assessments and interpretations of data are the sole responsibility of the Professional, who must validate and confirm all information before using it in a clinical context.

    3. The software is merely a support tool and does not replace professional judgment, individual clinical assessment or the Professional’s technical responsibility.

  15. Service Availability and Maintenance
    1. Softdiet may carry out maintenance, updates, improvements or repairs to the service, which may result in temporary interruptions. Whenever possible, such interventions will be communicated in advance.

    2. Softdiet does not guarantee continuous and uninterrupted availability of the service, as technical failures, network limitations, server unavailability or other circumstances beyond its control may occur.

    3. Softdiet is not responsible for losses, damages or harm resulting from temporary interruptions, technical failures or service unavailability.

  16. SMS Service
    1. SMS delivery is a service provided by third parties. Softdiet shall not be held liable for any damage, loss, or inconvenience resulting from failures, unavailability, or malfunction of the SMS service, regardless of the cause.

    2. The SMS service is available to all platform users, exclusively for sending messages to Portuguese telephone numbers.

    3. SMS credits included in the Annual Premium License (complimentary package)
      The SMS credits provided free of charge under the Annual Premium License are valid only for the corresponding contractual period (12 months).
      They automatically expire at the end of that period, regardless of any license renewal.
      Unused credits are non-transferable, non-cumulative, and non-recoverable.

    4. Purchased SMS packages (paid credits)
      All users may purchase additional SMS packages.
      Purchased credits do not have an expiration date and remain available until fully used, except in the situations described in clause 16.6.

    5. The platform uses credits in the following order:

      • a) Credits included in the Premium License (complimentary package)

      • b) Purchased credits (paid packages)

    6. Discontinuation of the SMS service
      Softdiet reserves the right to modify, suspend, or discontinue the SMS service at any time, with appropriate prior notice to users.
      In the event of permanent discontinuation, users with unused paid credits are entitled to a proportional refund corresponding to the remaining credits.
      Complimentary credits do not entitle users to any compensation.

    7. Changes to service conditions
      The platform reserves the right to change the conditions and pricing of the SMS service. Continued use of the service after notification implies acceptance of the new conditions.

  17. Speech Recognition (Beta)
    1. The speech recognition feature is in Beta and may present limitations or temporary failures.

    2. Speech recognition is processed locally in the Google Chrome browser, with no audio sent to external servers.

    3. The application does not record, store, or transmit microphone audio. All processing is discarded after transcription.

    4. Automatic conversation summaries may be generated based on the transcribed text.

    5. By enabling this feature, the user accepts its operation, limitations, and Beta status.

    6. SoftDiet is not responsible for transcription errors or issues resulting from the use of this Beta feature.

    7. This feature depends on specific technologies of the Google Chrome browser.

    8. SoftDiet may modify, suspend, or remove this feature at any time during the Beta period.

  18. Order
    1. The Professional completes their order by finalising the purchase process presented on the Professional Web platform at app.softdiet.pt, adding the licence or service they wish to purchase to the shopping cart.

    2. The Professional’s final confirmation of the order constitutes full and complete acceptance of the prices and description of the services available for sale, as well as these General Terms of Sale, which are the only terms applicable to the concluded contract.

    3. The information contained in the invoice is the sole responsibility of the Professional. Once issued, the invoice cannot be reissued with changes.

  19. Payment
    1. On the Professional Web platform at app.softdiet.pt, Softdiet offers the following payment methods via Easypay – Instituição de Pagamento Lda:

      • a) Credit card (Visa, Mastercard)

      • b) Multibanco reference

      • c) MBWay

    2. Additionally, Softdiet provides the option of payment by Bank Transfer.

  20. Delivery and Consumption
    • The service will be made available after confirmation of payment, except for payments made by Bank Transfer. This process may take up to 2 business days for the service to become available.

  21. Prices
    1. Prices are expressed in Euros, including applicable taxes and VAT in force at the time of payment.

    2. If there is an increase in the price of any service, the Professional will be informed immediately and may choose to proceed with the order (by paying the difference) or cancel it.

  22. Cancellation and Refund
    1. VITALCODE - HEALTH SOLUTIONS, UNIPESSOAL LDA reviews cancellation or refund requests on a case-by-case basis, exclusively in situations such as billing errors, duplicate payments, or a proven technical impossibility to use the service.
      As this is a digital service with immediate access, the Professional acknowledges that there is no right to a refund after the license has been activated, in accordance with applicable legislation.

    2. When a refund is approved, it will be processed using the same payment method whenever possible. If this is not feasible, the Professional must provide proof of payment and proof of account or card ownership so that the refund can be issued via Bank Transfer.

    3. VITALCODE - HEALTH SOLUTIONS, UNIPESSOAL LDA undertakes to process any approved refund within a maximum of 15 business days.

  23. Electronic Invoice
    • The Professional expressly acknowledges and accepts that invoices related to services provided by Softdiet are issued electronically and sent to the email address provided at the time of subscription.

  24. Applicable Law and Jurisdiction
    • These Terms and Conditions are governed by Portuguese Law, and for all matters arising from them, the Parties elect the jurisdiction of the District Court of Porto.