User Agreement (Contract Offer)

Last change: 14 February 2024

1. Preamble

This document (hereinafter - the “Offer”) regulates the rights, duties, obligations and responsibility of the Parties in the course of using Beetis mobile application, as well as beetis.io web-site. By ticking the “I have read and agree with the offer contract” box the User unconditionally accepts all provisions of the Offer and undertakes to comply with them.

2. Terms and definitions

Primary User - the User using Beetis with the purpose of entering his/her own Metrics.

Observer - the User using Beetis with the purpose of monitoring of the Metrics of the Primary User entered by the Primary User (Primary Users).

User - the umbrella term for the Primary User and the Observer.

Beetis - mobile application and web-site specified in para. 1 of this Offer.

Service Provider - Sequência Venerável, Unipessoal LDA, NIPC 517225093, administering Beetis.

Metric - parameter, characteristic of the process entered into the application by the User.

Prices – a document issued by the Service Provider containing the current rates for using Beetis, published within the app interface, on the official website beetis.io, and in app stores (Google Play, Apple App Store, Huawei AppGallery). The listed prices may vary depending on the user’s region, applicable taxes, and the commission charged by the respective app store.

3. Subject of the Offer

3.1. The subject of this Offer is regulation of the set of rules, duties, obligations and responsibility of the Parties arising in the course of entering by the Primary User of his/her own Metrics into Beetis and in the course of monitoring of these Metrics by the Observer (Observers), as well as in the course of entering by the Observer of the Metrics of the Primary User into Beetis.

3.2. Using Beetis by Users does not constitute treatment. Beetis is for reference only and does not give medical recommendations.

3.3. Beetis shall not be used for diagnosis of diseases.

3.4. The computed charts of Metrics are of indicative nature and don’t reflect the real state of Metrics of the Primary User.

4. Rights and obligations of the Primary User

4.1. The Primary User shall unfailingly observe the terms and conditions of this Offer, as well as the terms and conditions of the Privacy Policy and the Agreement on confidentiality and personal data accepted by the Primary User and the Observer together as part of confirmation of observation.

4.2. The Primary User shall pay in a timely manner and in full for using Beetis in accordance with the procedure provided for by the Offer and in the amount provided for by the Prices.

4.3. When using Beetis the Primary User shall enter true and accurate Metrics.

4.4. The Primary User has the right to inform the Service Provider about any and all failures and faults that occur in Beetis mobile application, on beetis.io web-site and in the acquiring (payment) system.

4.5. The Primary User has the right to send remarks, comments, suggestions and recommendations in respect of Beetis mobile application and beetis.io web-site.

5. Rights and obligations of the Observer

5.1. The Observer shall unfailingly observe the terms and conditions of this Offer, as well as the terms and conditions of the Privacy Policy and the Agreement on confidentiality and personal data accepted by the Primary User and the Observer together as part of confirmation of observation.

5.2. The Observer shall maintain confidentiality in the course of using Beetis. The use of confidential information and personal data is regulated in accordance with the Offer and the documents listed in para. 5.1., as well as in accordance with the provisions of the existing laws.

5.3. When using Beetis the Observer shall enter true and accurate Metrics.

5.4. The Observer has the right to inform the Service Provider about any and all failures and faults that occur in Beetis mobile application or on beetis.io web-site.

5.5. The Observer has the right to send remarks, comments, suggestions and recommendations in respect of Beetis mobile application and beetis.io web-site.

6. Rights and obligations of the Service Provider

6.1. The Service Provider shall unfailingly observe the terms and conditions of this Offer.

6.2. The Service Provider shall ensure proper functioning of Beetis application and beetis.io web-site.

6.3. The Service Provider shall eliminate the failures and faults that occur in the course of functioning of Beetis application and (or) beetis.io web-site if the Service Provider detects such faults or failures himself or receives the respective information from the Users.

6.4. The Service Provider has the right to block the possibility of the User to use Beetis in case significant violations of the terms and conditions of the Offer, of the Privacy Policy and of the Agreement on confidentiality and personal data are detected.

6.5. The Service Provider shall consider the comments and suggestions sent by the Users. The Service Provider independently makes decisions on entering changes into features and functions of Beetis on the basis of the analysis of the received comments and suggestions.

7. Payment (Prices)

7.1. On expiration of the free period of use of the application using Beetis application is free of charge for the Observer and paid-for for the Primary User. The cost of using Beetis application for the Primary User is established in accordance with the Prices specified in the application, in the application stores of the Google Play, Apple AppStore, Huawei AppGallery and on the beetis.io/pricing web-page. In the event of discrepancies between the price indicated in the app, on the website, and in the app store, the price listed in the respective app store through which the purchase is made shall take precedence. The user is solely responsible for reviewing the current price before making a payment.

7.2. The Service Provider has the right to change the Prices upwards or downwards. In case the Prices are changed downwards, the new Prices shall be automatically by default applied to the Primary User. In case the Prices are changed upwards the Primary User shall within a reasonable time-frame (according to the application store policy) receive the notice of change of the Prices. In this case the Primary User shall confirm making payments by using the new Prices or send his/her refusal. In the latter case the possibility of the Primary User to enter the Metrics shall be discontinued.

7.3. The Service Provider establishes the free period of using Beetis. The duration of the free period is established by the Service Provider in the Prices. On expiration of the free period the Primary User receives the respective notice within a reasonable time-frame and shall either confirm the further paid-for use of Beetis, or send his/her refusal. In the latter case the possibility of the Primary User to enter the Metrics shall be discontinued.

7.4. With the purpose of making payments provided for by this Offer and the Prices the Primary User shall enter the payment means details. In case the Prices and payments are confirmed the funds shall be debited by using the payment means. In case the amount of funds is insufficient or the payment means doesn’t function properly the possibility to enter the Metrics shall be discontinued.

7.5. The Service Provider has the right as his own discretion to hold promotional events or other loyalty programs.

7.6. For the user’s convenience, the prices displayed on the website beetis.io/pricing are shown based on the user's presumed location, determined by IP address. This information is for reference only, and the final price may vary depending on the region, applicable taxes, and the pricing policy of the respective app store.

8. Confidentiality

8.1. In the course of using Beetis the Parties may exchange personal data and confidential information. The Party receiving such data shall fulfill the requirements of the law regulating the transfer, receiving, collection, storage, depersonalization and destroying of personal data. The legal relations between the Parties with regard to personal data and confidential information are regulated by the Privacy Policy. Acceptance of the said document is the compulsory condition for using Beetis.

8.2. In case of setting up of observation by the Observer of the Primary User the Parties are obliged to accept the terms and conditions of the Agreement on confidentiality and personal data. The terms and conditions of this document are accepted by means of pressing the “Accept” button by the Observer and the Primary User as part of confirmation of commencement of observation.

8.3. In case of violation of the regime of collection, processing, storage, depersonalization and destroying of personal data and confidential information the Parties bear responsibility in accordance with the provisions of the existing laws, of the Privacy Policyty and of the Agreement on confidentiality and personal data.

9. Responsibility and limitation of responsibility

9.1. The Service Provider and the Users accepting this Offer bear responsibility in respect of their obligations in accordance with the existing laws of the Russian Federation and provisions of the enacted documents.

9.2. The Service Provider doesn’t bear responsibility for the content of the recommendations and conclusions provided by the Observer to the Primary User on the basis of the Metrics entered by the Primary User or his/her Observer.

9.3. The Service Provider doesn’t bear responsibility for the leak of personal data of the Primary User, if such leak was committed by the Observer.

9.4. The Service Provider doesn’t bear responsibility for the reliability of the Metrics entered by the Primary User or his/her Observer and for any and all possible consequences of entering of inaccurate and (or) incomplete Metrics.

9.5. The Service Provider bears responsibility for the non-conformity of the rendered services with the requirements contained in the existing laws and in this provision. In case improper fulfillment by the Service Provider of his duties and obligations results in significant failures in the operation of the Application, the User who has made the advance payment, has the right to demand repayment thereof for the respective period. In this case the User sends the demand for repayment of the advance payment to the address payments@beetis.io. The Service Provider shall consider the demand and within 15 (fifteen) working days either sends the motivated objections or performs the repayment.

10. Final provisions

10.1. This Offer is made in the Russian language and is binding for all the Users who accept it by putting a tick in the course of registration in Beetis.

10.2. Any translation of the Offer and its attachments from Russian is provided solely for the convenience of familiarization. In the event of any contradictions between the Offer and its attachments in Russian and their translation, the Russian version of the document undoubtedly prevails.

10.3. The Service Provider has the right to enter amendments into the Offer. In case of entering amendments the Users receive the respective notices. Continuation of using Beetis means agreement in full with the restated version of the provisions of the Offer.

10.4. The Parties shall strive at settlement of all disputes by means of negotiations. In case the Parties fail to come to agreement in the course of negotiations the Parties shall settle the dispute in accordance with the procedure provided for by the existing laws of Portugal. In case the dispute is settled through the courts the Parties are entitled to refer the dispute to the court at the place of location of the legal address of the Service Provider.