TERMS AND CONDITIONS – FULLY
- Legal documentation and membership conditions
These Terms and Conditions apply to Fully and the provision of any benefits arising from its use. These Terms and Conditions contain important information, and you should read them before requesting activation of your Fully membership.
The updated version of these Terms and Conditions is available on our portals. Alternatively, you may request an electronic copy of these Terms and Conditions by contacting us through the phone number 0800 725 1016. We recommend that you periodically verify these Terms and Conditions and the Privacy Policy in the app. The latest version date of these Terms and Conditions can be found at the end of this document, under the title “Latest update date”.
If you do not understand the Terms and Conditions or if you have any questions about the document, please send an e-mail to atendimento@vitalitybrasil.com or call 0800 725 1016. Our agents will be happy to assist you and answer any questions you may have.
By taking part in Fully and accessing any benefit or reward from this platform, it will be considered that you have:
- freely, well-informed and voluntarily read and agreed to the Terms and Conditions and the Privacy Policy applicable to the use of the app and the benefit guidelines;
- recognized and agreed that Wellness may make changes to the Terms and Conditions, benefit guidelines or Privacy Policy at any time, and you agree – provided that you have been properly informed – with the documents as changed and any other rules, regulations, policies or procedures as may be periodically adopted, issued, implemented or modified.
SUMMARY
1. Legal documentation and membership conditions 1
SUMMARY 1
2. Definition and interpretation 2
3. What Fully is? 3
3.1. What Fully is not? 4
4. Changes in the Fully Platform, Partners and Benefits 5
5. Fully Membership 6
6. Registration requirements to Fully 7
7. Membership Code 7
8. Total Wellness Score 8
9. Digital marketing membership 9
9.1 Digital Marketing Communication 9
10. Membership cancellation 9
10.1. Automatic cancellation 9
10.2. Cancellation made by yourself 10
10.3. Cancellation made by us 10
10.4. If your membership is cancelled 11
11. Other important information 11
11.1. General information 11
11.2. How we communicate with you – Consent to electronic communication 12
11.3. Information disclosure 12
11.4. Consent to share personal and medical data 13
11.5. Dishonesty/fraud/misrepresentation/abuse of rights arising from Fully 14
11.7. Third party rights 17
11.8. Invalid clause disengagement 17
11.9. Waiver 17
11.10 Intellectual property 18
11.11 Law and jurisdiction 18
12. Partner complementary terms of use 18
12.1. Terms of Use for the physical wellness journey 19
12.1.1. Important information on benefits 19
12.1.2. Evaluation of physical fitness and Active Rewards of the wellness program 19
12.1.3. Wellness Score 20
12.2. Terms of Use of the financial wellness journey 20
12.2.1. Investment Advisory Agreement 20
12.2.2. User Material 20
12.2.3. General Prohibitions 20
12.2.4. Notice for the partner liability disclaimer 21
12.3. Terms of Use of the nutritional wellness journey 22
12.3.2. User Material 22
12.3.3. Notice for the partner liability limitation 23
12.5. Terms of Use of the mental wellness journey 23
12.5.1. General information 23
12.5.2. General prohibitions 23
12.5.3. Notice for the partner liability disclaimer 24
12.5.6. Notice for the partner liability limitation 24
- Definition and interpretation
The expressions below have the following meanings:
Expression/Definition
Benefits
Refers to discounts, exclusive offers, coin rewards and other benefits related to products and/or services periodically offered by our partners and available to Fully members.
Partner benefits
Refers to discounts, rewards, benefits, incentives, coins, vouchers, products and/or services available to Fully members and offered by our partners.
Coins
Coins are accumulated by reaching objectives and activities throughout the journeys. These have value and can be exchanged within the Marketplace.
Global Points
Global Point is the Brazil MarketPlace. A virtual store for products and services (marketplace) linked to the platform, responsible for performing the exchange of coins for products and sending them to the user. https://globalpoints.com.br/
Benefit partner
Retailers, associations or any person or company offering products, services or benefits as prizes. The partners are persons or companies separate and independent from Wellness and its partners.
Strategic partners
Third party companies offering products or services integrated with the Fully programs and/or which are eligible by Wellness to be part of it.
Membership period
The membership period is the contract period of your plan. This period will follow the term according with the negotiation between Wellness and the company making Fully available to you. Any exceptions to this period must be clearly notified by Wellness.
Wellness, “we”, “us”, “our(s)’’
Wellness Services Ecossistema de Bem-Estar LTDA., company headquartered at Avenida Brigadeiro Faria Lima, 3311, conjunto 12, Itaim Bibi, São Paulo, SP – Zip code 04538-133.
Wellness Score
Represents the wellness and health level the user has. It is shown by a progress bar on the main screen with five levels. Each level is represented by an “emoji” according to the use and engagement levels related to the available programs. The higher the Wellness Score is, the more engaged the user will be.
- What Fully is?
Fully is a SuperApp. A platform developed by Wellness and its partners to make available to users, in a single place, journey options for a) physical; b) financial; c) nutritional; d) mental wellness; as well as health guidance and care so that they can improve different aspects of their lives, including matters related to health and finance. These journeys are provided to Fully members thanks to the integration of the platform to technological features from third party applications, provided and maintained by Wellness partners.
Fully is offered by Wellness to other companies known as Strategic Partners, for example insurance companies and banks, so that they can make it available to its employees or clients.
In Fully, users will be able to go through wellness journeys and, as they progress, users will finish activities and objectives and will be rewarded with points, called “coins”, which can be accumulated and exchanged for products and services in the Marketplace presented by the Fully platform, called Global Points. Wellness is not liable for users’ journey in the Marketplace, as well as delivery and reception of products.
In addition to coins, users will encounter the Wellness Score concept, which is represented by a progress bar showing their engagement level in the different wellness journeys.
By registering and using Fully, as well as giving consent, users agree with these Terms and Conditions and Privacy Policy. As a Fully member, you have the choice to access and use or not the benefits offered by Fully. If you choose to access or use benefits, beyond these Terms and Conditions and the Privacy Policy, you will be bound to the abovementioned partner terms of use, any additional terms and conditions determined in the specific benefit guidelines, as well as any other requirements that may be periodically determined in writing by Fully partners. You may obtain the full set of benefit guidelines by the email atendimento@vitalitybrasil.com or phone number 0800 725 1016. The benefit guidelines will be also available and updated on the Fully website.
- What Fully is not?
Under no circumstances does Fully substitute the care or orientation of a physician, nutritionist or any other trained and specialized health professional.
You are responsible for your own health. Neither Fully, nor the wellness journeys made available by Fully are considered as a medical organization. Fully does not provide you with any medical advice or diagnosis. You must obtain specific professional orientation from a physician, pharmacist, dentist, nutritionist or other appropriate health professional in relation to your own personal circumstances or related to the diagnosis or treatment of any medical condition.
We recommend you consult your physician/health professional/financial consultant/other qualified professional before committing to follow any health, physical or financial conditioning recommendation that you may receive from the Fully program and partners, arising from the use of Fully, its communication channels and social media.
We are not a licensed health, nutritional or financial provider and do not have expertise to diagnose, examine or treat medical conditions of any kind or determine the effect of any specific exercise on a specific medical condition, neither do we have expertise on giving financial advice.
Fully and its partners responsible for the wellness journeys made available by Fully do not provide any treatment or medical/financial orientation. Fully and its partners responsible for the wellness journeys made available by Fully are not intended to be substitutes for financial consultants or professional physicians/nutritionists, or any other trained professionals with recognized competence, or the diagnosis, treatment or management of care after an evaluation or after health tests whose result(s) were abnormal.
No recommendation seeks to instruct the diagnosis or medical treatment. If you have any questions related to your health or finance, please see your doctor, a health professional or another appropriate professional immediately. In case of medical emergency, contact your doctor or a health professional.
If you feel any discomfort or start feeling unwell at any time during or after training, stop immediately and seek orientation from your health professional. Do not underestimate, avoid or procrastinate to obtain professional medical orientation based on what you may have read on any of our websites, communication channels and social media. There may exist current health and wellness research, which may influence the information provided by us; the information provided may not be based on the most recent findings or developments. We will not be liable for any injuries and/or damages that may result from your participation or involvement in training or exercise or any health and wellness program, whose information was provided or shared with you on any of our websites, communication channels and social media.
- Changes in the Fully Platform, Partners and Benefits
Wellness will have discretionary power to exclusively and unilaterally: (1) modify Fully’s structure, make changes, totally or partially, in any aspect of Fully, benefits, rules, regulations, policies, procedures, participation conditions or other features, including these Terms and Conditions, the Privacy Policy, the benefit guidelines and any other terms and conditions communicated in any other materials related to Fully, even if the changes may affect coins earned (or to be earned) and accumulated, and the right to benefits; and (2) to close, suspend, cancel, deactivate, remove or revoke Fully, any time, upon reasonable advance notice, where possible and/or practical to provide such notice. Any revised version of these Terms and Conditions will be valid as of its disclosure date and will be communicated to users.
To any continuous membership, use or participation of Fully by you, after the change notification, your unequivocal acceptance will be considered for any changes to these Terms and Conditions.
Wellness also reserves the right to change identity, add, remove or change strategic partners and benefit partners, benefit structures, incentives, discounts, coins and eligibility conditions at any time, without need for further notice.
Wellness may, for example:
- change the number of coins needed to access or use a specific benefit;
- change the ways coins or benefits may be redeemed;
- change the way Wellness Score is calculated and presented;
- add, limit, change, replace or remove partners;
- add, change, replace, cancel, withdraw or remove any benefit and incentive;
- change activities, objectives, contents and other tasks in each dimension of wellness, health and financial aspects;
- change any other features, concessions or benefits; and/or
- adopt or implement any legal requirement, decision, recommendation, orientation or criteria arising from any instance of the judiciary, regulatory entity or service resulting from conciliation, mediation or arbitration.
Reasonable efforts will be made to notify Fully users about changes or variations in the program and other platform features. If the changes in Fully are considered to be significant, a reasonable advance notice about these changes will be sent to users. This notice may be provided electronically, by email (it will be sent to the last email address informed by the user).
If you do not agree with the changes or variations in the Fully, you may cancel your membership under the terms of Clause 10 (Membership cancellation) mentioned in these Terms and Conditions.
Wellness and its partners will not be liable for any losses or damages arising from any changes in these Terms and Conditions.
It is your responsibility to keep yourself current in relation to Fully, these Terms and Conditions and the Privacy Policy.
- Fully Membership
Fully membership is always followed by a product and/or service (“Product”) offered by our Strategic Partners, as they are the ones who concede Fully membership as a benefit. The Fully membership year starts with an effective date of the Product offered by the Strategic Partner and is valid for a period negotiated with Wellness. Fully program membership is granted based on Wellness criteria, which may decline membership to any candidates.
You will be considered eligible for a Fully membership in one of the following ways:
- you are a Prudential do Brasil individual or group insurance policyholder which, based on Wellness rules, grants the right to participation in the Fully program;
- you belong to a legal entity that acquires the Fully platform for some or all of its members, clients or employees;
- Wellness or one of its Strategic Partners offered you some kind of exclusive membership;
- you registered yourself to Fully and became a member.
Wellness may, at its sole discretion, authorize other Fully membership methods. Consult the clauses below to these Terms and Conditions to obtain more information related to memberships.
- Registration requirements to Fully
To register to Fully, in addition to complying with item 5, candidates must meet the following requirements:
- be 18 years old;
- have provided a valid and exclusive email address and an identification number (CPF – Social Security number or valid national identification document);
- be a permanent or temporary resident in Brazil;
- agree that their membership is equivalent to an affirmation of being in good physical and mental conditions and not having a health, medical or deficiency issue that prevents them from participating in the Fully weekly objectives.
Users registering to Fully must be individuals. Registration is not available to legal entities. Use of Fully by individuals can only be made for personal but not commercial purposes.
- Membership Code
The membership code will be the users’ social security number (Individual Registration – Individual Taxpayer Identification Number - CPF). Use of this number or associated benefits is considered an acceptance to these Terms and Conditions and any other rules, regulations, policies or applicable procedures related to the benefit provided by Wellness and its Strategic Partners and/or Benefit Partners.
You may access Fully after the Strategic Partner approves your registration and you activate your membership. Wellness will not be liable for any errors in its app due to the provision of data or incomplete or inaccurate information (including payment details) or an obsolete, incomplete or inaccurate email.
Membership to the platform is personal and non-transferable and is to be used exclusively by you. You are solely responsible for keeping and using your membership code, and its disclosure to third parties is not allowed. Any and all transactions made with your membership code, even without your authorization, will be your exclusive responsibility.
You must immediately communicate Wellness about the real or suspicious unauthorized use of your membership code or also any occurrence of loss, robbery, theft, vulnerability or misplacement of your membership code. Wellness will not be liable for possible undue transactions made before the effective communication mentioned herein and Wellness’s confirmation upon receiving such communication. Wellness has the right, however not bound, to trust all instructions and transactions made using your membership code or with your username and password.
Upon requesting the membership code, you agree and commit to:
A. not use the membership code for any commercial, fraudulent or illegal purposes which are considered unacceptable by Wellness and its partners or which are not permitted under these terms and conditions;
B. immediately notify Wellness regarding any unauthorized use of the membership code;
C. immediately notify Wellness and request a new password if you have reason to suspect that safety and/or confidentiality have been compromised; and
D. only use the membership code in good faith and in accordance with the platform’s Terms and Conditions.
- Total Wellness Score
The Wellness Score represents users’ wellness level. It is represented through a progress bar in the main menu and calculated by the number of activities, answered surveys and content consumed in the journeys available on the platform. The Wellness Score may increase or decrease according to the frequency and use of Fully.
The Wellness Score is shown as a progress bar with five levels, which are represented by “emojis”. The Total Wellness Score is calculated as an average of the Wellness Score from each dimension: physical wellness, financial wellness, nutritional wellness, orientation and health care wellness and mental wellness.
For each wellness dimension, the Wellness Score is calculated and shown at the beginning of each journey. As you use Fully, it will be updated, moving the progress bar and changing the “emoji” that best represents your wellness at that moment.
The progress bar represents the average engagement of the three main wellness dimensions: physical, mental and financial. The progress bar increases and decreases based on three pillars:
- Goal achievement – 55% weight;
- Survey and research answers – 25% weight;
- Content consumption –20% weight.
Generally, you will be eligible to access the benefits from your membership’s activation. Certain benefits may not be immediately accessible and may be subject to a waiting period. The relevant benefit guideline will explain when this benefit will become available and the relevant terms and conditions applicable to obtaining each benefit. If you do not activate your membership, you may not be able to access the benefits. Consult the benefit guidelines for more information.
Accumulated coins may be exchanged within the platform’s virtual store, known as Marketplace, following the rules and conditions applied by the company responsible for it.
- Digital marketing membership
Upon registering to Fully and participating in it, you acknowledge and recognize that your name, email address and other personal data may be shared, in the Privacy Policy form, with our Strategic and Benefit Partners, and that you may receive promotional material, promotional marketing, mail or e-mails from our partners related to their products and services.
However, you may choose not to receive communication from partners by sending a request to the email atendimento@vitalitybrasil.com or by the phone number 0800 725 1016.
You may also request to cancel your subscription using the abovementioned contact channels.
Data sharing will be used for the contract, and the shared data may or may not be used for other purposes, provided its legitimate expectations and specific legislation are respected. If you choose to cancel your subscription, you may not receive useful information about the Fully program. For further details, consult Clause 11.3 (Information Disclosure) and the Privacy Policy.
9.1 Digital Marketing Communication
By joining and participating in the Fully application, you understand and acknowledge that Wellness may send you marketing communications via social networks such as: Facebook, Instagram, Google, Linkedin, etc. In addition, Wellness may also contact you via Whatsapp. You, however, may opt out of receiving marketing communications by sending a request to the e-mail address atendimento@vitalitybrasil.com or by phone at 0800 725 1016. You may also opt-out by clicking on the link that will be included in all e-mail communications. If you opt-out, you may not receive useful information about rewards and benefits.
- Membership cancellation
- Automatic cancellation
If users stop owning any eligible product, either from Prudential do Brasil, or from other Strategic or Benefit Partners, and subject to Wellness provisions and any changes that may be made to it, their participation in Fully will be cancelled as described in this clause. As soon as the Eligible Product is cancelled, your Fully membership will be suspended and will remain suspended for 90 calendar days. If you acquire an Eligible Product within these 90 calendar days, your participation in the Program will be restored, maintaining the coins and the Wellness Score you had before the suspension period. After the 90-day period without acquiring an Eligible Product, your participation in the Fully program will be cancelled, as well as your coins and Wellness Score. If you become eligible after 90 calendar days from the suspension period, your Fully membership will be treated as a new membership.
Fully membership is also automatically cancelled upon the member’s death and all coins accumulated by the deceased member will be removed.
- Cancellation made by yourself
You may cancel your membership. To do that, you must notify us in writing, regarding your decision 30 days in advance, sent by email to atendimento@vitalitybrasil.com, for the purpose of cancelling your membership.
At the moment of cancellation, you may or may not automatically cancel your existing relationship with partners, who will be notified about your option to cancel your participation in the platform. You may still be subject to the notice period of certain partners and any other terms and conditions applicable from such partners, which were agreed to previously.
- Cancellation made by us
Wellness reserves the right to cancel or revoke Fully (totally or partially) at any time and makes no guarantee that the platform will continue indefinitely or belong to and be managed by Wellness. In the event of cancellation, except when there is a need for maintenance to fulfill legal or regulatory obligations or for the regular exercise of rights, your data will be excluded or made anonymous.
Furthermore, we reserve the right to cancel your membership, totally or partially, including your access and right to use one or more benefit(s), your transaction(s), membership number, accumulated coins (which will be forfeited), for reasons including, but not limited to the ones mentioned below:
A. if we detect or suspect any use or uncommon, irregular, suspicious, fraudulent or unauthorized activity or even inappropriate behavior;
B. if we detect any damage or threat to the terms and conditions or to any benefit guidelines, in detriment to Wellness’ interests;
C. if you do not qualify or fail to qualify (or we suspect that you are not qualified or failed to qualify) to a membership under these Terms and Conditions;
D. if you do not timely pay any fees owed to Wellness or to any of our partners, if applicable;
E. if we believe you are misusing or abusing program benefits, rewards or privileges;
F. if you do not have more than one product or service of an eligible Strategic Partner to which your membership is linked.
In the event of program cancellation or Fully membership cancellation, we will notify you in writing by sending an email to the most recent email address informed by you.
Subject to the terms of our contract(s) with relevant partners, we must make reasonable efforts to allow users to access their requested benefits on the program cancellation date during a period of 45 days starting from the moment in which we issue the cancellation of your participation in the platform.
- If your membership is cancelled
If your membership is cancelled for any reason:
A. Subject to the terms of our contracts with relevant partners and any other of their relevant terms and conditions, your rights to benefits will be terminated upon cancellation of your membership.
B. Any coins and Wellness Score will no longer be available after cancellation of your membership.
- Other important information
- General information
Membership to Fully does not give rise to any legal relation with Wellness nor with the partners linked to Fully, except the link to its Terms and Conditions, the Privacy Policy, other terms and conditions and applicable regulations, to which Clause 1 (Legal documentation and membership conditions) of these Terms and Conditions refers, and when authorized to do so in order to receive the benefits.
Nothing in this document should be interpreted as a representation by us that the use of Fully is available in geographical areas or other jurisdictions not within Brazil.
Fully’s Terms and Conditions, the Privacy Policy and other applicable documents will be governed and interpreted based on current laws in Brazil.
If for any reason, any term or part of the Fully’s Terms and Conditions or any term or part of any other applicable rule is considered null or impracticable, such term or part of the Fully’s Terms and Conditions or of any other applicable documentation must be considered apart from Fully’s Terms and Conditions, or any other governing documentation, and the rest of this/these term(s) or of Fully’s Terms and Conditions or other governing documentation, as may be the case, will remain valid in full force generating all effects and may be applied to its full extent.
Other benefit promotions, special discounts, competitions, exclusive offers etc. may be offered periodically by Wellness and its strategic and benefit partners. If offered, other terms and conditions may apply, which may be notified by mail, email, SMS or another means.
- How we communicate with you – Consent to electronic communication
Hereby, you consent to receive documents and other information related to Fully’s registration and any other agreements you may have with us by electronic communication, using your most recent email address we have on file, and you authorize us to act according with the instructions received electronically. You also consent that we communicate electronically; some information may be obtained through a hyperlink or accessing an electronic address informed in the body of the message. You recognize that this consent has effect to the maximum extent permitted by law to us, in a sense for us to act and provide information to you according to these consents.
Periodically, we have the right to contact you using electronic means (for example, email), mail, SMS, mobile phone push notifications, phone and other means of communication (using any of your phone numbers registered in Brazil or other means) with regard to your membership and participation in Fully. It is possible that physical communication of marketing may be sent to potential clients. You acknowledge, however, that physical documents and information cannot be requested, and that the electronic communication must be regularly verified.
We will make every effort to convey statements, warnings and other relevant material to Fully users in order to advise them on several subjects of interest, including changes in the platform, but we will not be liable for lost or destroyed mails. Any statement, warning or other material will be considered as being provided by us if sent to the most recent e-mails or physical address informed by the users. You are responsible for informing us of any change in your contact details, including email and mail physical address, in order to ensure that your email address remains current and unblocked and that our communication will not be filtered or put in a place where you cannot see them, so that we can provide you with documents and other information. Please send an email to atendimento@vitalitybrasil.com or call 0800 725 1016. Wellness will not be liable for any failure to deliver warnings to you in case you do not meet the aforementioned.
- Information disclosure
As a summary and as per the Privacy Policy, we inform that we collect personal data and sensitive personal data. The personal data collected is necessary to perform users’ registration when it is made using the application, when users contact us, ask questions, use or request our products or services, or those of our strategic partners.
The types of personal data and sensitive personal data we collect, include your name and contact details, identification information (for example, date of birth), demographic and profile information (for example, sex, age, among others), and medical and health information. We also collect personal information of your interactions with us, including any contact we had with you by phone, email or online.
Details of the collected data can be found in the Privacy Policy. Any information provided by you for the use related to Fully is provided voluntarily for your membership and participation.
When using the Fully program, you are aware that, provided you give your specific consent, your personal data may be shared using APIs (Application Programming Interface) of partners like Google Fit, Apple Health, Samsung Health, Strava, Garmin, etc. In a free and informed manner, you may choose to connect and share your information from other partner applications with Fully. Therefore, Fully application enables you to interact in other ways with other mobile apps using our services, and thereby collecting data you share with these partners. Instructions to perform this integration can be found within the Fully App.
With regard to the integration with Google Fit, we clarify that the use of information received from Google Fit’s APIs will be in accordance with the Google Fit’s User and Developer Data Policy, including the Limited Use Requirements, which are set out in the Google Fit’s User and Developer Data Policy, available at:
https://developers.google.com/fit/policy. For further details about the APIs integration, refer to Fully’s Privacy Policy. Wellness is not liable for terms and policies from any third parties.
Fully may use and disclose your personal data to provide marketing communication that may be of your interest, including, without limitation, also about new products and services, as well as those of partners, changes in its membership fees or any changes/improvements in benefits. Communications may be provided continuously by phone, electronic messages (for example, email and pop-ups), online (including website and mobile apps) and other means. By using Fully, it will be considered that you have read and accepted the current Terms of Use. If you do not wish to receive direct marketing communication, point it out when requested or contact us using the available channels. Check the Privacy Policy for more information.
- Consent to share personal and medical data
You accept and give express consent for Wellness and its partners to use and share your personal information within the scope of medical and health examinations and/or studies performed for and during the journeys of physical, nutritional, orientation and health care and mental wellness within the scope of Fully. This personal information may be related to your health, medicine, nutrition, tobacco consumption, alcohol consumption habits, physical activity or even information on your physical and mental wellness. This personal information and data will be used as per Privacy Policy and Terms of Use of the partners responsible for each wellness journey.
You accept and consent Wellness and its partners to use your personal information and data within the scope of activities and platform utilization, also being able to include your health information. This personal and health information may be shared by Wellness with its partners and intermediaries for good development of the membership and Fully. For more information on the use of sensitive personal data by these partners, please refer to the Privacy Policy.
Wellness may share your personal data with any of its Strategic Partners, such as usage data and redeemed rewards. Such sharing will allow its partners to obtain information, including through automated processing, in order to improve products and customer experience, including: i) profile analysis to customize marketing campaigns, benefit offers and other communications; ii) analytical studies; iii) identification of opportunities for Prudential do Brasil; and iv) basis preparation for launching campaigns.
Any sensitive personal medical information or that directly related to health provided by you as a part of your Fully’s membership will not be shared with our Strategic Partners and, therefore, will not be used in making any future underwriting or claim decisions related to you.
- Dishonesty/fraud/misrepresentation/abuse of rights arising from Fully
Your membership, registration and participation in Fully are based on mutual trust. If any dishonesty, fraud, misrepresentation of the Terms and Conditions or abuse of rights is detected, benefits may not be granted, your membership and registration to Fully may be cancelled and the issue may be forwarded to competent authorities. Membership and registration to Fully may become invalid and other measures consistent with our rights may be adopted.
If any act or omission from your side is deemed to be dishonest or fraudulent, or constitutes abuse of rights, or if any dishonest, fraudulent or inappropriate media or device is used by you, any member of your family or any person acting on your behalf in relation to the program and the use of Fully, all benefits arising from the use of Fully may be forfeited, your membership may be also cancelled and you may have to return to us any provisions made and benefits provided by us or any of our partners (or by any other party under our management) as a result of your actions or actions of any member of your family or any person acting on your behalf resulting from any dishonest or fraudulent actions.
- Liability Disclaimer
Wellness exempts itself for acts or omissions of its strategic and benefit partners who may cause damages due to the participation in the Fully program. By agreeing to these Terms and Conditions, you, your beneficiaries and any third parties therefore render Wellness indemnified.
All responsibility of Wellness, its strategic partners, benefit partners and respective executives, employees, directors, agents, advisors or hired parties for any loss, complaint or expense (including, but not limited to the indirect liability, punitive damages, or consequential liability, emergent damages, business interruptions and loss of a chance) which can be incurred or suffered, arising directly or indirectly from these Terms and Conditions, from any other applicable documentation, as established in Clause 1 (Legal documentation and membership conditions) of these Terms and Conditions or Fully program (whether or not we have any control over the circumstances giving rise to the claim), including Fully and/or termination of any partner’s benefit, is excluded to the maximum extent permitted by law.
To the extent permitted by law, this applies even if we have been informed that the liability, loss, damage or expense would or could happen. Wellness, its strategic partners, benefit partners and respective advisors, executives, employees, directors, agents, consultants or hired parties are exempted from all express or implicit warranties, related to the Fully program and benefits. If Wellness and/or partners have any responsibility to you in any regard, our liability will be limited to assigning your membership to the use of Fully, after the registration is performed by the user, the number of points and/or status we consider appropriate in relation to which the relevant claim arose.
To the maximum extent permitted by law, Wellness exempts itself from all express or implicit warranties, including – but not limited to – availability, price, satisfactory quality, commercialization and appropriate warranties for any specific purposes. Wellness will not be responsible for damage or loss of any kind, directly or indirectly, arising from or related to the Fully program, for any information, software, products, services, benefits or content obtained through the Vitality program and Fully’s partners, or for its negotiations with our partners and third parties as service providers through the Fully program.
Wellness will not be responsible for any interruption in the Fully program, delays or inability to provide any of the benefits caused by circumstances out of Wellness’s control including – but not limited to – flaws of any service provider or other third party, closure of business activities, strikes or industrial disputes, force majeure, floods, weather, natural disasters, unavailability, war, hostilities (a declared war or otherwise), terrorism, riots, revolutions, insurrections, militia or civil wars.
Any third-party hyperlinks (including from partners) provided by us on any of our websites, communication channels and social media are provided for your convenience. Their inclusion does not represent any approval or endorsement on our part. We do not have control over the content from these websites and do not accept any responsibility or liability related to them.
You should assess and assume all risks related to the use of the content downloaded from our websites or those of third parties (including partners). We will not be liable for any losses or damages of any kind, directly or indirectly arising from or linked with its use or inability to access our website, links from third parties (including partners) and/or using any related documents. Please observe that the material (considering without limitation, training/gym and exercise tips and information contained in apps and videos), provided by any of our websites, communication channels and social media, including all texts, photos, images, illustrations, graphs, audios, videos, audio and video clips are provided for general information only. Although we (our parent company, subsidiaries and/or subsidiaries of our parent company and any joint ventures – partnerships or affiliates) take effort to ensure the material content is precise, errors or faults may occur, and we do not accept any related liability.
You expressly agree to exempt Wellness and its partners from any liability arising from the user’s misuse of the Fully program in such a way that it violates what is shown in item 3.1.
You expressly agree that your physical activities involve certain inherent and significant risks of property damage, personal injury or death and you freely and voluntarily assume all known and unknown risks related to these activities, even if caused entirely or partially by our action, fault or negligence or by the action, fault or negligence of others (including partners).
You do also expressly agree that we are not liable for the inspection, supervision, preparation or conduction of any race, competition, group physical activity or event that may award you points.
We do not accept any liability related to death, injury or any loss or damage arising from or related to the Fully program in general and the well-being partners available through Fully, or from providing a benefit or service, or from the loss, theft or destruction of a benefit, including – but not limited to – vouchers.
You may incur tax or disclosure obligations when joining or using Fully or the apps made available by Fully. You should obtain your private financial or tax advice on any benefit you may receive through the program, as well as using apps made available by Fully. Wellness is not responsible for any financial or tax consequences that may arise. Wellness reserves the right to provide any tax authorities with full details of the accumulation and withdrawal of any member’s benefits upon request of a tax authority. Wellness exempts itself from any liability for cooperating with tax authorities in this matter.
Wellness also exempts itself from any liability related to the acquisition of products in the partner’s marketplace, as mentioned below.
The benefits which may be obtained by using the Fully program are provided by our partners. These partners are separate and independent legal entities and Wellness will not be liable for the type, quality and quantity of products or services provided by these partners or flaws in providing the respective services or for the products offered on the screen. The products and services offered by our benefit partners are not sold or marketed by Wellness and their provision may also be subject to certain terms and conditions of our partners. Our benefit partners may assign additional terms and conditions related to the availability and eligibility of each benefit.
Wellness does not represent or ensures, expressly or implicitly, in any way, any benefit, including price, availability, quantity, quality, accuracy, readiness, usefulness, commercialization or appropriateness of any product or service provided as part of a benefit, including, without limitation, quality and appropriateness for a specific purpose.
Wellness will not be liable for any loss, injury, complaint or damage suffered or incurred as a direct or indirect result of the use, by a member, of a product or service, or which arises from the confidence placed on any benefit. Wellness will not be liable for the termination of partners in the program, nor for changes or cancellation of benefits caused by their termination, service discontinuation or by cancellation, for any reason, of benefits or accumulated points.
Any dispute related to products or services provided as part of a benefit should be resolved directly with the corresponding benefit partner.
Wellness does not assume any legal liability or responsibility for the content integrity, accuracy, appropriateness or update of any benefit guidelines of a Benefit Partner or any other advice or provided information related to any benefit.
All information in a benefit guideline and other provided information related to any benefit are merely general information and are not intended to serve as or substitute any financial consulting, medical, nutritional, health, physical conditioning, legal or any other orientation. This information is not provided to promote and/or induce you to purchase any product. The information provided related to benefits does not consider your personal circumstances and is subject to change.
It is important to highlight that the results from any benefits, devices, services, available software, evaluation, health checks, consultations or tools cannot substitute any advice given by a physician or other health professional.
Please also verify the Fully Privacy Policy and other regulations defined in Clause 1 of these Terms and Conditions.
11.7. Third party rights
These Terms and Conditions, the benefit guidelines and other regulations issued by us and related to the use of the Fully program are not intended to and do not give any person who is not our member any right to enforce any of the terms.
11.8. Invalid clause disengagement
If any item of these Terms and Conditions is prohibited by law or considered illegal, null or impracticable by court of first or second instance, the term in question must be, as necessary, detached from these Terms and Conditions and rendered ineffective as far as possible, without modifying the remaining terms, and it will not affect by any means the validity or circumstances for application of all other items in these Terms and Conditions.
11.9. Waiver
No flaw or delay by Wellness in exercise or enforce any right, power or privilege should jeopardize the company or function as a waiver, neither any total or partial exercise for any right, power or privilege will give rise to the preclusion of the subsequent exercise or any other right, power or privilege.
11.10 Intellectual property
All our rights, including any trademarks, service brands, commercial names and copyrighted content (collectively “Intellectual property”) presented in the Service are Wellness’s or its partners’ property and may not be misused.
11.11 Law and jurisdiction
These Terms and Conditions and the legal relations between you and Wellness are governed by the laws in Brazil. When signing up to the Fully program, you agree to submit to Brazil’s jurisdiction.
12. Partner complementary terms of use
The Fully Platform operation is structured through partnerships of Wellness with different legal entities. Among them, the partners responsible for the technologies applied in each wellness journey, as well as the partner responsible for the Marketplace.
Having shown the general Fully features in the previous items of these Terms and Conditions, which should be always considered as a whole, we move on to objectively present you with specific information about the terms of use for each wellness journey, in light of the terms of use from the partners responsible for the technologies applied in them.
Wellness Journey
Integrator of data among different partners
Partner responsible for the technology
Carevoice API Gateway
Wellness Journey
Physical
Partner responsible for the technology
Vitality Group International, Inc
https://www.vitalitybrasil.com/termos-de-uso
Wellness Journey
Financial
Partner responsible for the technology
Savvi Financial LLC
https://www.savvifi.com/legal/terms-of-use/
Wellness Journey
Nutritional
Partner responsible for the technology
Azumio Inc
https://www.azumio.com/privacy-policy-and-terms-of-use
Wellness Journey
Mental
https://www.mobiointeractive.com/terms-of-use-en
Marketplace Brazil
Wellness Journey
Global Points
https://globalpoints.com.br/politica-de-privacidade
Jornada de bem-estar
Marketplace
Partner responsible for the technology
Podios
By proceeding with the wellness journeys, you automatically agree with the Term(s) of Use of the respective partner(s).
12.1. Terms of Use for the physical wellness journey
12.1.1. Important information on benefits
The physical wellness journey consists of a health and wellness program aimed at rewarding the platform members who are proactive towards the improvement of their health and general wellness, offering benefits which may include discounts, exclusive offers and other benefits related to products and/or services by Wellness and its Benefit Partners, when applicable. For further information, refer to the Vitality benefit guidelines made available through the service channels.
To obtain these rewards, users must perform physical activity and meet the minimum weekly goal defined in the app.
Coins are obtained through your physical activity, either by reaching a certain number of steps per day or by maintaining your maximum heart rate within specific parameters during a determined period of time.
This weekly goal is defined automatically in the physical wellness journey at the beginning of each week.
Unless otherwise stated in the relevant benefit guidelines, only members of the platform can use the benefits. The benefits may only be used for personal matters and not for commercial purposes.
12.1.2. Evaluation of physical fitness and Active Rewards of the wellness program
By taking part in the physical activity weekly objectives presented by the program, you:
A. Declare being in good physical and mental conditions and that no health, medical or deficiency matters prevent you from taking part in the physical activity weekly objectives. You acknowledge that Wellness is not a medical professional, nor it is in a qualified position to provide you with medical orientation related to your physical condition and/or inability to participate in the activities.
B. Agree to obtain continuous professional orientation from a physician, pharmacist, nutritionist or other appropriate health professional in relation to your own personal circumstances or in relation to the diagnosis or treatment of any health medical condition;
C. When meeting the goals for physical activities to redeem benefits in the application, you agree that you have been cleared by your doctor to initiate an exercise program; and
D. You acknowledge and agree that all results from the Activities and Physical wellness program do not substitute medical advice or treatment and should not be used to diagnose or treat a health condition or to take the place of your doctor or health professional. You agree not to change or interrupt any assistance, medication or treatment that you may be receiving based on the information obtained through the app. Wellness does not guarantee expressly or implicitly the integrity, accuracy, reliability or currentness of the information or results provided by users.
12.1.3. Wellness Score
When accessing the physical wellness journey for the first time, you will be assigned a status. In the beginning, your status is Bronze. The different status levels are: Bronze, Silver, Gold and Platinum. To move to a higher status, you will have to finish the suggested exercises, consume content and answer the available surveys. The greater the engagement is and the more goals are met, the higher are your chances to change levels.
12.2. Terms of Use of the financial wellness journey
12.2.1. Investment Advisory Agreement
To use the financial wellness journey, users must agree to an Investment Advisory Agreement. In case there is conflict between the Investment Advisory Agreement and the partner’s terms of use, the Investment Advisory Agreement will prevail.
12.2.2. User Material
You are solely responsible for all activities performed in the financial wellness journey and for all content uploaded and/or created by yourself (“User Material”). The partner does not monitor User Material. You agree you must evaluate and take all risks related to the use of User Material, including any trust in the accuracy, integrity and utility.
12.2.3. General Prohibitions
In the financial wellness journey, the user is not allowed to:
- use it for any illegal or prohibited activity;
- use it for commercial purposes;
- reproduce, duplicate, copy, sell, commercialize, resell, distribute or explore any part of the financial wellness journey for any purpose not related to personal use, unless so authorized;
- defame, harass, abuse, threaten, stalk or fraud users, gather or attempt to gather personal information from users or third parties without their consent;
- interfere or damage, jeopardize or disable the journey operation or the use of the journey by any user, by any means, including virus upload or propagation of other malicious code;
- remove, by-pass, disable, damage or interfere in any other way with any resources related to the journey’s safety, resources that prevent or restrict the use or copy of any part of the journey or resources imposing limitation to its use;
- attempt to access the journey without authorization, attempt to access other accounts, computer systems or connected networks through hackers, password mining or any other means or interfere or attempt to interfere in the proper functioning of the journey;
- use robots, spider, scraper or other automated means to access the journey for any purposes without express written authorization or ignore the robot exclusion protocol or other measures used to prevent or restrict access to the journey;
- use framing techniques to include any trademark, logo or other material without the partner’s written consent. You agree not to use any metatag or any other “hidden text” using the partner’s name or trademarks without the partner’s express written consent;
- create direct links to the journey and remove immediately any links that the partner considers reprehensible at its own discretion. You agree not to use any logo, graph or commercial brand owned by the partner, as part of the link without the partner’s express written consent;
- make unsolicited offers, advertisements, proposals, send junk mails, or spam to other journey users. Including unsolicited advertisements, promotional materials or other application materials, commercial advertisement direct mailing, informative advertisement, charity requests and signature petitions;
- do reverse engineering, decompile, disassemble or try to discover the journey’s source code, except and only when such activity is expressly permitted by applicable law, notwithstanding this limitation;
- modify, adapt, translate or create derivative works based on the journey or on any part of it, except and only when such activity is expressly permitted by applicable law, notwithstanding this limitation; and
- do not pretend to be another person or entity, or falsely state or misrepresent your affiliation to any person or entity.
12.2.4. Notice for the partner liability disclaimer
You expressly acknowledge that the term “partner” from item 12.2 and its sub-items from these Terms and Conditions include the partner, its executives, directors, employees, shareholders, agents, affiliates and subcontractors.
To the maximum extent according to applicable law, the partner exempts itself from all express or implied statutory warranties, including implied warranties, guarantees of commercialization, appropriateness for a specific purpose, title and non-violation. No written or oral advice or information obtained from the partner by you or through the financial wellness journey will create any warranty not expressly stated in these terms.
You expressly agree to take at your own risk the use of the journey. The journey, the content unrelated to the journey and any other media, content, software, services, reference websites or third party apps made available together with or through the journey are provided “as they are” and “as available”, “with all flaws” and with no guarantees or representation of any kind, express or implicit.
The partner does not guarantee that its own material, the content not belonging to the partner, the journey content, reference websites or any other information offered in the journey or through it or any other reference websites, are uninterrupted or free of errors, viruses or other harmful components and does not guarantee that any of the aforementioned will be corrected.
The partner does not guarantee or represent the use or the results of the journey use or any reference websites in terms of correctness, accuracy, reliability or any other.
You understand and agree that you use, access, download or obtain information, material or data through the journey or any reference websites at your own criteria and risk and you will be solely responsible for any damage to your property (including your computer) or any loss of data arising from downloading or using such material or data.
12.3. Terms of Use of the nutritional wellness journey
12.3.1. General information
The objective of the nutritional wellness journey is merely to assist Fully program users to record what they eat, how they exercise and follow-up their health, weight and physical conditioning progress. The available information must be exclusively used for recreational and educational purposes.
Notwithstanding item 3.1 which should be observed in its entirety, always consult your doctor before starting a diet or a physical conditioning program or if you feel any pain or discomfort. The partner responsible for the nutritional wellness journey does not guarantee any results or improvements in health, weight and/or physical conditioning.
The nutritional wellness journey is intended only for healthy adults. You should not take part in this journey if you suffer or may suffer from any medical condition, which may be affected by diets or exercise. The nutritional information found in the nutritional wellness journey database have not been verified, examined or revised by the partner, who does not guarantee that the available nutritional information is accurate, reliable or complete.
The partner and Wellness are not liable for any personal damage or any other damage that may result, directly or indirectly, from any use or misuse of the nutritional wellness journey.
12.3.2. User Material
You are solely responsible for all activities performed in the nutritional wellness journey and all content uploaded and/or created by you (“User Material”). While the user material is not monitored, it may be excluded in the event it is confirmed to violate the terms of use, and your participation in the platform may be terminated.
12.3.3. Notice for the partner liability limitation
You use the nutritional wellness journey at your own risk. The journey is provided “AS IS”, with no guarantees and the partner does not guarantee the journey and its availability to be uninterrupted or error free. The partner does not assume any liability related to errors or faults in the information or software or other documents, including the User Material, which are referenced or linked. References or links to third party websites are provided “AS THEY ARE” with no guarantees of any kind, express or implicit.
Under no circumstances will the partner be liable for any indirect or consequential damage, except in cases of intentional wrongful conduct or severe negligence. To the maximum extent permitted by applicable law, the partner’s aggregate liability for any direct damages will be limited to the lesser of the following: (i) association fees paid by the user; (ii) membership fees paid by the user during the previous calendar year; or (iii) 1,000.00 American Dollars.
12.5. Terms of Use of the mental wellness journey
12.5.1. General information
The mental wellness journey is designed to provide information related to the maintenance or incentive of a general state of health or a healthy activity. The data and information provided are intended to be a representation of its metrics, but may not be entirely accurate, including the scores of mood, stress level, heart rate and stress rate.
The heart rate readings are for reference only. Neither the partner nor Wellness are liable for the consequences of any misreadings. Heart rate measurements should be only made when you are resting and not during an activity such as exercises. There are intrinsic limitations to the heart rate measurement technology, which may cause some of the heart rate readings to be inaccurate under specific circumstances. These circumstances include users’ physical characteristics, their health conditions, their face or finger positioning, user movement or device, tremors, temperature, altitude, environment lighting, type and intensity of the activity.
12.5.2. General prohibitions
In the mental wellness journey, users are not allowed to:
- send or provide any illegal content;
- use, display, mirror or frame services or any individual element in the services, any commercial brand, logo or proprietary information, or the layout and design of any website or website form;
- access, tamper with or use non-public areas of the services, computer systems or delivery technical systems of the partner’s providers;
- avoid, ignore, remove, disable, harm, decode or by-pass any technological measure implemented to protect the mental wellness journey;
- use the journey for any commercial purpose or to benefit third parties or by any means not permitted in the partner’s terms of use;
- attempt to decrypt, decompile, disassemble or do reverse engineering of any software used to supply the journey;
- interfere or attempt to interfere in the access of any user, host or network, including, but not limited to, sending a virus to attack the partner;
- encourage or allow any other individual to perform any of the aforementioned items.
12.5.3. Notice for the partner liability disclaimer
Except where prohibited by law, the partner expressly exempts itself from all warranties, representations and warranties of any kind, oral or in writing, expressly, implicitly, statutorily or otherwise, including, but not limited to the implied warranties of commercialization, suitability for a particular purpose, non-violation and any warranties arising from the course of negotiation or trade use to the maximum extent permitted by law. The journey and all content are provided “as they are” and ”as available” with all faults.
To the extent permitted by applicable law, the partner does not guarantee the quality, accuracy, punctuality, veracity, integrity or reliability of any service or content. To the maximum extent permitted by applicable law, the partner does not guarantee that (i) the journey will meet your requirements, (ii) the journey operation will take place without interruptions, is virus or error free or free from other harmful elements or (iii) that the errors will be corrected. Any oral or written advice provided does not create any guarantee. Therefore, you acknowledge and expressly agree that you use the journey at your own risk and you assume all risk related to satisfactory quality, performance, accuracy and effort. You acknowledge and specifically agree that the partner cannot be held accountable for any decisions of health or related to health which are taken by yourself or your doctor, based on data collected, transmitted or presented by the journey or in it, whether such data is accurate or inaccurate. You acknowledge and expressly agree that the use of the journey or content is done at your own risk.
To the extent authorized by law, you agree to compensate and exempt the partner, its employees, executives, directors, affiliates and agents from and against all and any claims, disputes, demands, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable accounting and legal fees, resulting directly or indirectly from or arising from (a) your violation to the Terms of Use or (b) your access or use of the journey and its content.
12.5.6. Notice for the partner liability limitation
To the maximum extent permitted by applicable law, neither the partner or any other party involved in the creation, production or providing the journey will be held responsible for any incidental, special, exemplary or consequential damages, including loss of profit, loss of data or force majeure, service interruption, damages in the computer or system failure or the cost of the substitute services arising from or connected with the partner’s terms of use or the use or inability to use the journey, whether based on warranty, contract, illicit act, (including negligence), liability product or any other legal theory, whether or not the partner has been informed about the possibility of such damages, even if a limited resource set forth herein has failed in its essential purpose.
Under no circumstances will the partner’s total liability arising from or connected with the partner’s terms of use or the use or inability to use the journey will, under no circumstances, exceed the amount you paid for the services (if applicable) in the (12) twelve months prior to the event or circumstance giving rise to such claims.
To the extent permitted by applicable law, you acknowledge and agree that the partner offers the journey and defines its prices based on disclaimers, liability disclaimers and limitations established in the partner’s Terms of Use. To the extent permitted by applicable law, you also acknowledge and agree that such disclaimers, liability disclaimers and limitations reflect a reasonable and fair risk allocation between you and the partner and that these disclaimers, liability disclaimers and limitations build an essential foundation of the agreement between you and the partner. The partner will not be able to provide the journey to you in an economically reasonable basis without these disclaimers, clearances and liability limitations.
Last update date: January 19th, 2023