Privacy Notice

Terms & Conditions

EW2Health B.V. develops health monitoring solutions to help improve health. By using our Service, you agree to our Terms and Conditions.

These Terms and Conditions for use (the "Terms & Conditions”) are entered into between the Sinque PRO User (generally the “Sinque PRO User”) to obtain access to the Services (the “Services”) and EW2Health B.V. and its affiliates, including EW2Saúde Ciência e Tecnologia Ltda, (generally "EW2Health") collectively referred to as the “Parties” or each a “Party”.

These Terms & Conditions include all operating rules, policies, and guidelines that are referred to herein or that may otherwise be published by EW2Health at www.easywaytohealth.com, www.ew2sacude.com.br, www.sinque.nl, www.sinquepro.nl, www.sinque.com.br, www.sinquepro.com.br, www.sinque.us, www.sinquepro.us, or other EW2Health operated website including, without limitation:

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1.  EW2Health's terms and conditions for use ("Terms & Conditions"); and

2. EW2Health’s guidelines on how data is collected, processed, used, managed and discharged (the “Privacy Notice”). Occasional changes may occur to the Terms & Conditions and its rules, policies, and guidelines for valid reasons, such as improving existing functions or features or to ensure the continued compliance with any existing laws. If material changes are made to the Terms & Conditions, EW2Health will provide Sinque PRO User with notice as appropriate under the circumstances.

1.    Definitions

1. Sinque PRO User: the company or natural person who is registered and permitted by EW2Health to use the Services subject to the Terms & Conditions and the Service Order. 

2. Services: all features and functionalities, including App, websites, reports, and user interfaces, as well as all content and software applications, associated with EW2Health’s services.

3. Sinque PRO User Content: content created by the Sinque PRO User for use with Sinque End-Users, such as weigh-in messages, “For You” messages, etc.

4. Sinque End-User: the natural person who is the final recipient of the Service provided by EW2Health through a Sinque PRO User, and whose data is collected and processed by the Application.

5. Service Order: the agreement defining services provided, payment details, and duration. The Service Order shall be considered part of this Agreement.

2.    Using the Services

1. Eligibility to Use: The Sinque PRO User represents and warrants that the Sinque PRO User is of legal age (18 years of age or older) and has the legal capacity to agree to the Terms & Conditions. If the Sinque PRO User is agreeing to the Terms & Conditions on behalf of an organization or entity, the Sinque PRO User represents and warrants that the Sinque PRO User /and or the specific actual signee used for acceptance of the Terms & Conditions is authorized to agree to the Terms & Conditions on that organization or entity’s behalf and bind them to the Terms & Conditions.

2. Access to EW2Health Content: Subject to the Terms & Conditions, EW2Health grants to the Sinque PRO User a limited, non-exclusive, revocable, non-transferable license to access and use the Services and exclusively for its business purposes.

3. Access to Sinque PRO User Content: EW2Health screens content provided by Sinque PRO User and reserves the right (but not the obligation) to remove any Sinque PRO User Content that violates the Terms & Conditions or otherwise violates third parties’ intellectual property rights or any applicable laws in the jurisdictions EW2Health offers the Services and/or is represented. The Sinque PRO User acknowledges and agrees that EW2Health does not verify, adopt, ratify, or sanction Sinque PRO User Content and the Sinque PRO User agrees that the Sinque PRO User must bear all risks associated with the Sinque PRO User’s use of its Sinque PRO User Content. 

4. EW2Health’s Obligations: Upon acceptance to the Terms & Conditions, EW2Health will:

   1. Provide the Services to the Sinque PRO User in accordance with the Service Order.

   2. Employ accepted industry standards, such as multi-factor authentication, firewalls, encryption, and security protocols, to safeguard Sinque PRO User and Sinque End-User data.

   3. Make reasonable efforts to ensure that the Service will be online, usable, and accessible 95% of the time (“Uptime”) each month and prevent any disruptions to the Service, including Sinque App, websites, and online reports. If any disruptions were to occur, EW2Health is committed to remedying the cause of the disruption with great haste and always makes reasonable efforts to promptly notify the Sinque PRO User.

   4. The following circumstances are excluded from the Uptime definition: I. Service work, which is notified and, as best possible, done outside of normal work hours; II. Force majeure conditions; or III. The Sinque PRO User’s own circumstances that make it impossible to use EW2Health or substantially complicates the provision of Services.

5. Support Services: During the Term, EW2Health will provide Support Services during the Support Hours (between 09:00 - 17:00 business days) to maintain service levels, provided that, where required, Sinque PRO User assists with investigating and ascertaining the cause of the fault and provides EW2Health with all necessary information relevant to the fault. All Support Service notices shall be delivered to support@sinque.co (outside Brazil) and suporte@sinque.co (in Brazil).

6. Sinque PRO User’s Obligations: Upon acceptance of the Terms & Conditions, Sinque PRO User will: 

   1. Cooperate with EW2Health by supplying such information and materials as EW2Health may reasonably require to provide the Service and ensure that such information is complete and accurate in all material respects; and 

   2. Notify EW2Health of any unauthorized use Sinque PRO User might become aware of.

7. Sinque PRO User must not, and must not allow any third party to, directly or indirectly:     

   1. Rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Services to a third party; 

   2. Modify or create a derivative work of EW2Health Services or any portion of it; 

   3. Reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to EW2Health Services, except to the extent expressly permitted by applicable law and then only with advance notice in writing to EW2Health; 

   4. Break or circumvent any security measures of EW2Health Services or configure EW2Health Services to avoid incurring fees or in any way disrupt the integrity, performance, or security of the Services; 

   5. Access the Services for the purpose of building a competitive product or service or copying its features or user interface; 

   6. Use or permit the Services to be used for any illegal or misleading purpose, or any manner inconsistent with the Terms & Conditions; 

   7. Collect, use, and disclose data that violates any third-party rights, including privacy, publicity rights and intellectual property, (“Intellectual Property Rights” includes copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights); 

   8. Sinque PRO User shall not, without the prior written consent of EW2Health, at any time from registration date for the Services (“Effective Date”) to the expiry of six months after the termination of use of the Services (“Termination Date”), solicit or entice away from EW2Health or employ or attempt to employ any person who is engaged as an employee at EW2Health. 

3.    Intellectual property

1. A Party’s ownership of, or any right, title or interest in any Intellectual Property Rights or an item which exists prior to the Effective Date (“Pre-Existing Material”) will not be altered, transferred, or assigned by virtue of the Terms & Conditions.

2. Sinque PRO User agrees that EW2Health retains all rights, title and interest (including all intellectual property rights) in and to the Services, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of the support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed EW2Health’s confidential information) and that EW2Health reserves any licenses not specifically granted in the Terms & Conditions. Services are offered as an online, hosted product. Accordingly, Sinque PRO User acknowledges and agrees that it has no right to obtain a copy of the software behind any of the Services and that EW2Health has sole discretion to make updates, bug fixes, modifications, or improvements to EW2Health Services from time to time. EW2Health reserves the right to change or remove features of the Services from time to time. If any material alterations are made to the Services, EW2Health will provide Sinque PRO User with 30 business days’ notice.

4.    Data responsibility

1. Sinque PRO User declares that it owns all rights, titles, and interest in and to all Sinque PRO User data. Subject to the Terms & Conditions entered into between the Parties, the Sinque PRO User grants EW2Health and its Affiliates a non-exclusive, limited-term license to host, process, transmit and display Sinque PRO User’s data as strictly necessary (i) to reasonably provide, maintain, update and fix Services; (ii) to prevent or addres
   s security or technical issues, including providing support; and (iii) to comply with legal requirements, the Privacy Notice, or as expressly permitted in writing by the Sinque PRO User. If EW2Health is required by law or by order of a Public Authority to disclose Confidential Information, EW2Health will give prompt written notice to the Sinque PRO User before making the disclosure, and such disclosure shall respect the strict limits of the order. 

2. Sinque PRO User shall be responsible as Operator for third parties’ data that the Sinque PRO User provides or uses in the Services (such as its Clients’ data – the “Sinque End-User”) and for Sinque PRO User operation, management and processing of personal data. Sinque PRO User declares that it has the specific authorizations from their respective owners to process data, and is solely responsible for complying with any regulations, laws, or conventions applicable to the data Sinque PRO User provides and Sinque PRO User’s use of the Services. Sinque PRO User warrants and guarantees that it has all the specific authorizations and consent to collect and process any Third-Party information or data collected and processed through the provision of the Services, especially those owned by the Sinque End-User, and holds EW2Health harmless of any complaint, trials, fees, fines, indemnifications arising from the misuse of personal data of Third Parties.

3. Sinque PRO User warrants that Sinque PRO User’s collection and processing of any personal information or data provided while using the Services complies with all applicable data protection laws, rules, and regulations.

5.    Confidentiality

1. Commercial information which the Parties may obtain or possess concerning the other Party, shall be considered confidential and shall not be disclosed to third parties without the relevant Party's prior written consent. Any confidentiality obligations for the Parties pursuant to the Terms & Conditions shall indefinitely survive the termination of the Terms & Conditions.

2. The Confidentiality obligation shall not apply to information, (i) which becomes publicly available through no fault of the receiving party, (ii) that a Party comes into possession of in good faith from a third party, (iii) that a Party is required to disclose under applicable law or to fulfill its obligations and exercise its rights under the Terms & Conditions.

6.    Indemnification

Sinque PRO User will defend, indemnify, and hold EW2Health and its affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees a costs) arising out of or related to: (i) Sinque PRO User’s breach of any of the Terms & Conditions; (ii) the nature and content of any Sinque PRO User Content processed through the Services; (iii) any activity in which Sinque PRO User engages in, on or through the Services; and (iv) Sinque PRO User’s violation of any law or the rights of a third party.

7.    Disclaimers

No Guarantee of Results. EW2H makes no guarantees of performance as to any weight loss of Sinque End-User client of Sinque PRO User, the amount of weight they may lose, the rate at which such weight loss will occur, or of success of a weight loss program. Sinque PRO User understands and agrees that Sinque is a tool and shall be used as part of a health program, under professional supervision.

8.    Limitation of liability

1. Use of the Service is the sole responsibility of Sinque PRO User. The Service is supplied "as is" and may be modified, updated, interrupted, suspended, or discontinued at any time with 30 days prior notice. EW2Health shall bear no liability for interrupted services. 

2. All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from the Terms & Conditions.

3. EW2Health (or its affiliates, licensors and suppliers) shall not be liable concerning any subject matter arising from or related to the Terms & Conditions, the EW2Health service or any of the websites operated by EW2Health or regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise) for (i) any loss of profits, contracts, revenue, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of a third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these is direct, indirect or consequential); (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential); (iii) any matter beyond its reasonable control; and (iv) any indirect, incidental or consequential loss or damage whatsoever; or (v) damages in the aggregate for all claims in excess of amounts paid to EW2Health by Sinque PRO User (hereunder during the 12-month period preceding the date on which the first claim arose), even if EW2Health has been advised of the possibility of such damages. These limitations are independent from all other provisions of the Terms & Conditions and shall apply notwithstanding the failure of any remedy provided herein. 

9.    Force Majeure

Neither party will be liable for any delay or failure to perform its obligation under the Terms & Conditions if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, epidemics, pandemics, failure or reduction of power or telecommunications or data networks or services, or government act.

10.    Termination

1. Either party may terminate the Services if the other party: (i) fails to cure any material breach of the Terms & Conditions (including a failure to pay undisputed fees) within thirty (30) days after written notice detailing the breach; (ii) ceases operation without a successor; or (iii) if permitted by applicable law, seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any of these proceedings are instituted against that party (and not dismissed within sixty (60) days thereafter).

2. Effect of Termination: If the term of the Service Order expires or the Services are terminated for any reason, (i) any and all of Sinque PRO User’s liabilities to EW2Health that have accrued before the effective date of the expiration or termination will survive; (ii) licenses and use rights granted to Sinque PRO User with respect to the Services and intellectual property will immediately terminate; (iii) EW2Health’s obligation to provide any further services to Sinque PRO User under the Terms & Conditions will immediately terminate, except any such services that are expressly to be provided following expiration or termination of the Terms & Conditions; and (iv) Sinque PRO User will delete (or, at EW2Health’s request, return) any and all copies of any EW2Health code, templates, documentation, passwords or access codes, and any other EW2Health confidential information in Sinque PRO User’s possession or custody.
    

11.    Assignment

The Parties are not entitled to transfer their rights or obligations under the Terms & Conditions to any third party without prior written consent from EW2Health. Any change of direct or indirect control of Sinque PRO User (whether by sale of controlling equity interests or otherwise) will be deemed to be an assignment of the Terms & Conditions by Sinque PRO User that requires EW2Health’s prior written consent.

12.    Severability

Unless as otherwise stated in the Terms & Conditions, should any provision of the Terms & Conditions be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms & Conditions, and the application of that provision shall be enforced to the extent permitted by law.

13.    Dispute resolution

Most disputes can be resolved without resorting to legal proceedings/actions. If Sinque PRO User has any dispute with EW2Health, the Parties agree that before taking any formal action, including but not limited to any legal actions and/or proceedings, Sinque PRO User will contact EW2Health at resolve@sinque.co (outside Brazil, English), oplossen@sinque.co (outside Brazil, Dutch), or resolver@sinque.co (in Brazil) and provide a brief, written description of the dispute and the Sinque PRO User’s contact information (including the Sinque PRO User’s username if Sinque PRO User dispute relates to an Account). Sinque PRO User and EW2Health agree to use their reasonable efforts to settle any dispute, claim, question, or disagreement directly through amicable consultation with EW2Health, and good faith negotiations shall be a condition to either party initiating legal proceedings/actions of any kind. 

14.    Waiver

EW2Health’s failure to enforce or exercise any provision of the Terms & Conditions is not a waiver of that provision.

15.    Governing Law

If Sinque PRO User resides in Brazil, the Terms & Conditions are subject to the laws of Brazil; if any dispute arising out of or in connection with the Terms were to be litigated, it will be exclusively referred to the competent City Court of Santo André, São Paulo. If Sinque PRO User resides outside of Brazil, the Terms are subject to the laws of The Netherlands; if any dispute arising out of or in connection with the Terms were to be litigated, it will be exclusively referred to the competent court in Utrecht, The Netherlands.

16.    Notices and contact

1. Notices required to be given under the Terms & Conditions shall be in writing and can be delivered by email, hand, sent by pre-paid post or recorded delivery post to the other party at its address set out in the Terms & Conditions

2.  A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at 9.00 am on the first business day following delivery.

3. Sinque PRO User can send notices to EW2Health via email at support@sinque.co (outside Brazil) and suporte@sinque.co (in Brazil) or at the following mailing address:

EW2Health B.V.
​Wilhelmina van Pruisenweg 352595 AN
The Hague

The Netherlands

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EW2Saúde Ciência e Tecnologia Ltda
Rua Santo André, n° 100, 4° andar
Santo André - SP
Brasil
 

4. Sinque PRO User provides contact information when registering and is responsible to keep Sinque PRO User contact information current. 

v.2022-12

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