Courtesy translation. In case of any discrepancy, the Portuguese version prevails. TERMS AND CONDITIONS OF USE Preamble These Terms and Conditions of Use ("Terms") govern access to and use of the services provided by OnPosture, as well as of the mobile application/digital platform "Onposture.app" ("Application" or "App"), by any natural person who registers on it as a client ("Client" or "User"). Reading these Terms in full is mandatory, and their express acceptance is an indispensable condition for the use of OnPosture's Services. The processing of personal data is governed by the Privacy Policy, and the consents for the processing of postural and functional data are collected under that Policy and in accordance with what is established in the Privacy Policy. 1. Identification of the Service Provider OnPosture, Lda, legal entity no. 519046722, with registered office at Avenida Duque d'Ávila, 64 - 1A, 1050-083 Lisbon, with a share capital of EUR 1,000 (hereinafter "OnPosture", "we" or "our"), is the entity responsible for providing the services described in these Terms. 2. Purpose 2.1. OnPosture is a consultancy company for musculoskeletal longevity, which provides its Clients with a digital tool (the App) and a set of personalised postural optimisation services, as a fundamental pillar of an overall longevity strategy and of improving quality of life. 2.2. OnPosture's Services do not, under any circumstances, constitute the practice of medicine, physiotherapy, clinical diagnosis or medical treatment - see clause 4 (Nature and Limits of the Service), which prevails over any interpretation to the contrary. 3. Definitions For the purposes of these Terms, the following definitions apply: a) "Client": a natural person, of legal age (or duly represented under the legal rules applicable to minors), who registers in the App and accepts these Terms and the Privacy Policy; b) "Services": the set of services provided by OnPosture, including postural and functional assessment, production of reports and personalised exercise service; c) "VALD": VALD Performance (or a company of its group, as applicable), a third party external to OnPosture, supplier of the assessment hardware and software used in person; d) "OnPosture Telemetry": OnPosture's own remote functional monitoring system, based on a third-party posture estimation algorithm (Google MediaPipe); e) "Personal Data": any information relating to an identified or identifiable natural person, under Article 4(1) of the GDPR; f) "Physical Condition Data": personal data relating to the Client's physical condition, including musculoskeletal data and self-reported pain. 4. Nature and Limits of the Service 4.1. OnPosture provides a postural consultancy and optimisation service, which does not constitute, replace, or should be interpreted as a clinical, medical, physiotherapy or diagnostic service. 4.2. OnPosture does not produce medical diagnoses, does not prescribe treatments, medication or therapies, and the reports and recommendations provided do not replace consultation, assessment or follow-up by a legally qualified health professional. 4.3. OnPosture works closely with a network of professionals specialised in the musculoskeletal system ("Partner Professionals"). Whenever OnPosture's technicians identify a need for specialised clinical follow-up, and where the Client expressly wishes it, OnPosture may suggest and facilitate referral to one of these Partner Professionals, such referral being neither binding nor mandatory, and the sharing of information being limited to what is strictly necessary and subject to the Client's specific consent, under the Privacy Policy. 4.4. The Client acknowledges and accepts that the decision to use, or not, a suggested Partner Professional is solely their own responsibility, and OnPosture is not responsible for any act, omission, diagnosis or treatment carried out by those professionals, who act autonomously and under their own professional, technical and ethical responsibility. 5. Client Registration and Access to the Application 5.1. If the person wishes to register as a Client and/or obtain access to their data and to the features made available by OnPosture, they must download the Onposture.app application, available in the applicable app stores (App Store / Google Play). 5.2. Registration entails the creation of a personal and non-transferable account, the Client being solely responsible for the truthfulness, accuracy and updating of the data provided, as well as for the confidentiality of their access credentials. 5.3. The validation of the data and the completion of the Client's admission process depend cumulatively on: (i) the express acceptance of these Terms and of the Privacy Policy; and (ii) the confirmation of that acceptance by replying to the confirmation email sent by OnPosture to the email address given at registration. Without this double validation, the admission process is not considered complete, and access to the Services may not be made available. 6. Assessment Process 6.1. Initial Questionnaires The assessment process begins with the Client completing a first set of more specific screening questions about the condition of the Client's musculoskeletal system, followed by a general self-reported pain distribution questionnaire. The answers given are the sole responsibility of the Client and must be truthful, complete and up to date, as their truthfulness directly conditions the adequacy of the recommendations and reports produced. 6.2. Reassessments These questionnaires may be repeated at subsequent reassessment moments, on OnPosture's initiative or at the Client's request. 6.3. In-person Assessment The in-person assessment is carried out using hardware and software systems owned and operated by a third party, external to OnPosture, called VALD, under the terms described in clause 7. 6.4. Functional Assessment Report Based on the combination of the data collected in the questionnaires and in the in-person assessments, OnPosture produces a functional assessment report, made available to the Client through the App and/or by email when expressly requested by the client. 7. Third-Party Technology and Services - VALD 7.1. The in-person assessment uses VALD's proprietary technology, a fully autonomous entity external to OnPosture, including the following systems: a) Humantrack - a three-dimensional (3D) image capture system, used by OnPosture in a format that does not save or store the captured image, according to a guarantee given by VALD; b) Forcedecks - a ground pressure measurement system, which collects numerical metrics on plantar pressure distribution; c) Dynamo - a force measurement system, which collects metrics on the force produced by different body segments. 7.2. The Client data entered into VALD's software is limited to: weight, sex, age and an identification code corresponding to the Client's name, whose correspondence key belongs exclusively to OnPosture, VALD having no access to the Client's direct identity. 7.3. VALD owns the metrics collected through its own systems, which may be used by VALD for studies of an anonymised nature, under VALD's own privacy policy and terms and conditions, available at https://www.vald.com/static/Terms-of-Use-VALD-Apps-20032023.pdf and at www.vald.com/privacy. 7.4. OnPosture does not control, is not responsible for and does not guarantee the content, accuracy, availability or data processing practices of VALD as an autonomous third party. The Client is strongly advised to read VALD's legal documents carefully, accessible through the link above. 8. Personalised Clinical Exercise Service 8.1. OnPosture provides a personalised clinical exercise service, dedicated to the functional optimisation of each Client's physical performance, based on the data collected in the previous phases. 8.2. Clinical exercise may have an in-person component and a remote component. 8.3. In the remote component, a proprietary functional telemetry system is used - OnPosture Telemetry - through which the Client's physical performance is monitored during the sessions, and a performance and progression report is produced. 8.4. OnPosture Telemetry is based on a third-party posture estimation algorithm, Google MediaPipe, executed locally on the Client's device, which processes metrics extracted from the image captured during the session for the purposes of analysis and production of the performance report, made available to the Client by email and/or App. Additional information on the data processing carried out through this technology is contained in the Google MediaPipe privacy policy, accessible at https://policies.google.com/. 8.5. The Client acknowledges that the effectiveness of the clinical exercise service depends on the correct and regular execution of the recommended exercises, on the truthfulness of the information provided, and on factors specific to each person (age, physical condition, pre-existing conditions, degree of adherence to the plan), and OnPosture does not guarantee specific results. 9. Availability of Data and Reports All data and reports produced by OnPosture in the course of providing the Services may remain available in Onposture.app after being downloaded by the Client, under the terms and deadlines defined in the Privacy Policy. 10. Client Obligations The Client undertakes to: a) provide truthful, complete and up-to-date information, namely in the health questionnaires and in the identification data; b) immediately inform OnPosture of any relevant change in their state of health or physical condition; c) not use the App or the Services for unlawful, fraudulent purposes or purposes contrary to good faith; d) comply with the safety recommendations given by OnPosture's technicians during in-person and remote sessions; e) consult a doctor before starting any exercise programme, if they have pre-existing health conditions or doubts about their physical fitness to do so. 11. Limitation of Liability 11.1. Without prejudice to mandatory legal rules, OnPosture's liability is limited to direct damages proven to have been caused by OnPosture's wilful misconduct or gross negligence, strictly within the scope of the direct provision of the Services. 11.2. OnPosture is not liable, namely, for: a) diagnoses, treatments, acts or omissions of Partner Professionals or of any other health professional to whom the Client has been referred; b) inaccuracies in the reports resulting from incorrect, incomplete or outdated information provided by the Client; c) failures, unavailability, inaccuracies or data processing practices attributable to third parties (namely VALD and Google MediaPipe), which are governed by their own policies and terms; d) worsening of injuries or pre-existing health conditions not communicated by the Client; e) indirect damages, loss of profit or damages arising from fortuitous events or force majeure; f) any damages resulting from accidents during in-person and remote sessions if the safety instructions given by OnPosture during or prior to the sessions are not complied with. 11.3. The Services are provided "as is" as defined in these terms and conditions, and OnPosture does not guarantee that they will be uninterrupted, error-free, or that they will produce specific health results. 12. Intellectual Property 12.1. All intellectual property rights over the App, model reports, methodologies, proprietary algorithms, trademarks, logos and content of OnPosture belong to OnPosture or its licensors, and are protected by applicable law. 12.2. The intellectual property rights over third-party technologies (VALD, Google MediaPipe) belong to the respective owning entities, and are governed by their own licensing terms. 12.3. Unauthorised reproduction, distribution, modification or commercial exploitation of any OnPosture content is prohibited. 13. Prices and Payments 13.1. The prices of the Services are indicated in the App or will be communicated to the Client before contracting, including VAT at the legal rate in force. 13.2. The conditions of payment, invoicing, renewal and any right of withdrawal are governed by the specific commercial conditions communicated to the Client at the time of contracting, without prejudice to the rights legally provided for consumers. 13.3. In contracts concluded at a distance, the Client who is a consumer has the right of withdrawal within 14 days from the conclusion of the contract, without needing to state a reason and without any charges, which they may exercise by an unequivocal statement sent to hello@onposture.com. OnPosture reimburses the payments received within 14 days from the communication of the withdrawal, by the same means of payment used by the Client. 13.4. If the Client expressly requests that the provision of the Services begin during the withdrawal period, they must pay OnPosture the amount proportional to the Services effectively provided up to the communication of the withdrawal. If the Services have been fully provided within that period, at the Client's express request and with their acknowledgement that they lose the right of withdrawal, this right can no longer be exercised. 14. Duration, Suspension and Termination 14.1. These Terms remain in force while the Client keeps their account active in the App. 14.2. OnPosture reserves the right to suspend or cancel the Client's access to the Services, with prior notice whenever possible, in the event of breach of these Terms, provision of false information, or abusive use of the App. 14.3. The Client may, at any time, request the closure of their account, without prejudice to the data retention periods applicable by legal obligation, under the Privacy Policy. 15. Personal Data Protection The processing of personal data carried out in the course of providing the Services is governed by OnPosture's Privacy Policy and GDPR. 16. Changes to the Terms OnPosture reserves the right to change these Terms at any time, with the changes being communicated to the Client through the App and/or by email with reasonable notice, and being considered accepted if the Client continues to use the Services after they come into force, without prejudice to the Client's right to terminate the contract if they do not agree with the changes introduced. 17. Communications All communications between OnPosture and the Client will preferably be made electronically (email or App notification), to the contacts provided at registration, and will be considered validly received. 18. Partial Invalidity The possible invalidity or ineffectiveness of any clause of these Terms does not affect the validity of the remaining ones, and the affected clause must be replaced by another that comes closest to the intention of the parties and to the applicable law. 19. Governing Law and Jurisdiction 19.1. These Terms are governed by Portuguese law. 19.2. To settle any disputes arising from these Terms, the courts of the district of Lisbon are competent, with express waiver of any other, without prejudice to the mandatory consumer protection rules and to the Client who is a consumer using consumer alternative dispute resolution (RAL) mechanisms. 19.3. In the event of a consumer dispute, the Client may resort to an alternative consumer dispute resolution entity through a Consumer Conflict Arbitration Centre. More information on the Consumer Portal, at www.consumidor.gov.pt. 20. Contacts For any question related to these Terms, the Client may contact OnPosture at hello@onposture.com.