Terms of Use

1. Acknowledgement

This End-User License Agreement ("Agreement") is entered into between you ("End-User") and João Ascenso ("Licensor", "we", "us"), the developer and publisher of the Portugal4Fit mobile application ("Licensed Application"). Apple Inc. and Google LLC are not parties to this Agreement and are not responsible for the Licensed Application or its content.

This Agreement incorporates by reference the terms of Apple's standard EULA available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. Where this Agreement conflicts with or extends that standard EULA, this Agreement prevails.

2. Definitions

• "Licensed Application" – The Portugal4Fit mobile application distributed via the Apple App Store and Google Play Store.
• "Services" – All features, subscription tiers, cloud storage, and third-party integrations made available through the Licensed Application.
• "Free Tier" – The no-cost version of Portugal4Fit with limited features and local-only storage.
• "Pro Tier" – The paid individual subscription providing cloud sync and expanded limits.
• "Business Tier" – The paid business subscription providing all Pro features plus loyalty card programs, team accounts, and store management tools.
• "Store Operator" – An End-User who holds a Business Tier subscription and creates loyalty programs for their customers.
• "Employee Account" – A sub-account invited by a Store Operator to access the store's data within the Licensed Application.
• "Customer Data" – Data about the Store Operator's own customers collected and managed through the loyalty program features.

3. Scope of Licence

Subject to the terms of this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, revocable licence to install and use the Licensed Application on any device that you own or control, solely for your personal or internal business purposes.

You may not:

• Copy, modify, or create derivative works of the Licensed Application;
• Reverse-engineer, disassemble, or decompile the Licensed Application;
• Rent, lease, lend, sell, redistribute, or sublicense the Licensed Application;
• Remove or alter any proprietary notices, labels, or marks;
• Use the Licensed Application for any unlawful purpose or in violation of any regulation.

4. Subscription Services

Portugal4Fit offers three subscription tiers: Free, Pro, and Business. Paid subscriptions are billed on a monthly basis through the Apple App Store or Google Play Store and are subject to their respective payment terms.

• Free Tier – No charge. Coupons are stored locally on your device only. No cloud backup is provided. Limited functionality.
• Pro Tier – Monthly subscription. Includes cloud sync, custom branding, loyalty card programs and gift cards. Current pricing is displayed in the app and may vary by region.
• Business Tier – Monthly subscription. Includes all Pro features plus team management, store branding and automatic comunications. Current pricing is displayed in the app.

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage and cancel subscriptions in your App Store or Google Play account settings.

The Licensor reserves the right to modify subscription pricing with reasonable prior notice. Continued use after a price change takes effect constitutes acceptance of the new price.

Free Tier data: Coupons stored locally on a Free Tier are not backed up to the cloud. If you uninstall the application, your local data will be lost. The Licensor accepts no liability for loss of locally stored data.

5. Tier Downgrade and Cancellation

If you cancel a paid subscription, your account will revert to the Free Tier at the end of the paid billing period. Cloud-synced data may become inaccessible if you exceed Free Tier limits. The Licensor recommends exporting your data before downgrading.

Refunds are subject to the refund policy of the platform through which you purchased the subscription (Apple App Store or Google Play Store).

6. Store Operator Responsibilities and Customer Data

This section applies to End-Users who use the Pro and Business Tiers to create and manage loyalty programmes or gift cards for their own customers ("Store Operators").

As a Store Operator, you are solely responsible for the Customer Data you collect, process, and store through the loyalty programme features. You agree to:

• Use Customer Data only for the purpose of operating and marketing your loyalty programme to customers who have voluntarily joined;
• Keep Customer Data secure and confidential and implement appropriate technical and organisational measures to prevent unauthorised access;
• Comply with all applicable privacy and data protection laws, including (where applicable) the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Brazilian Lei Geral de Proteção de Dados (LGPD), and any other local equivalent;
• Honour customer requests to access, correct, or delete their personal data;
• Not sell, share, or transfer Customer Data to third parties without explicit customer consent;
• Obtain any legally required consents from your customers before collecting their personal data through the Licensed Application.

The Licensor acts solely as a data processor on your behalf for Customer Data. The Licensor will not access, use, or share Customer Data for any purpose other than providing the Services to you. Full details are set out in the Privacy Policy.

7. Team Accounts and Employee Access

Business Tier Store Operators may invite employees to access their store's data within the Licensed Application ("Employee Accounts"). You are responsible for:

• All actions taken by Employee Accounts under your store;
• Ensuring invited employees agree to these Terms before using the Licensed Application;
• Revoking Employee Account access promptly when an employee's authorisation ends.

Employees using the Licensed Application under a Store Operator's account may only use the application for purposes authorised by that Store Operator. Employee Accounts do not constitute an independent subscription and are governed by the Store Operator's Business Tier subscription.

8. Wallet Integration (Apple Wallet & Google Wallet)

The Licensed Application may allow you to add loyalty cards and coupons to Apple Wallet or Google Wallet. By using this feature you acknowledge that:

• Apple Wallet is a service of Apple Inc. and is subject to Apple's own terms and conditions;
• Google Wallet is a service of Google LLC and is subject to Google's own terms and conditions;
• The Licensor is not responsible for the availability, accuracy, or operation of Apple Wallet or Google Wallet;
• Passes added to a wallet cannot be guaranteed to be permanently available and may be removed at any time.

9. User Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify the Licensor immediately of any unauthorised use of your account. The Licensor will not be liable for any loss resulting from unauthorised access to your account.

You may delete your account at any time from within the Licensed Application. Account deletion is permanent and irreversible. All associated data will be deleted in accordance with our Privacy Policy.

10. Consent to Use of Data

You acknowledge that the Licensor may collect and use technical data and related information — including but not limited to technical information about your device, system and application software, and peripherals — to facilitate the provision of software updates, product support, and other services. This data may be used to improve the Licensed Application and Services, provided it is collected in a form that does not personally identify you.

For full details of how personal data is collected, used, and protected, please review our Privacy Policy.

11. Third-Party Services

The Licensed Application uses the following third-party services, each governed by their own terms and privacy policies:

• Firebase (Google LLC) – Cloud infrastructure, authentication, and database.
• RevenueCat Inc. – Subscription and in-app purchase management.
• SendGrid (Twilio Inc.) – Transactional email delivery, used to send loyalty programme inactivity notifications and employee invitation emails on behalf of Store Operators.
• Apple App Store / Google Play Store – Application distribution and payment processing.

The Licensor is not responsible for the practices of these third-party services and encourages you to review their respective terms and privacy policies.

12. Prohibited Uses

You agree not to use the Licensed Application to:

• Create, distribute, or redeem fraudulent coupons or loyalty points;
• Impersonate any person or entity, or falsely represent your affiliation with a store or business;
• Engage in any activity that interferes with or disrupts the Licensed Application or its servers;
• Attempt to gain unauthorised access to any part of the Services or to other users' accounts;
• Violate any applicable local, national, or international law or regulation.

13. Intellectual Property

The Licensed Application, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, and software), is owned by the Licensor and is protected by applicable intellectual property laws. Nothing in this Agreement transfers any intellectual property rights to you.

14. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination you must cease all use of the Licensed Application and destroy all copies in your possession.

The Licensor may also suspend or terminate your access to the Services at any time for violations of these Terms, with or without notice.

15. No Warranty

To the maximum extent permitted by applicable law, the Licensed Application is provided "as is" and "as available", without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Licensor does not warrant that the Licensed Application will be uninterrupted, error-free, or free of viruses or other harmful components.

16. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Licensor be liable for any indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, loss of profits, data, or goodwill, business interruption, or cost of substitute services) arising out of or in connection with your use of or inability to use the Licensed Application, even if the Licensor has been advised of the possibility of such damages.

In no event shall the Licensor's total liability to you exceed the amount you paid for the Licensed Application in the twelve (12) months preceding the claim, or €10, whichever is greater.

17. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict-of-law principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Portugal, unless mandatory consumer protection laws in your country of residence provide otherwise.

18. Changes to These Terms

The Licensor reserves the right to update these Terms at any time. Material changes will be communicated through the Licensed Application or by updating the "Last updated" date above. Your continued use of the Licensed Application after changes are posted constitutes your acceptance of the revised Terms.

19. Contact

• Developer: João Ascenso
• Email: geral@ascenso.pt
• Privacy Policy: ascenso.pt/portugal4fit/privacy