YesHolistic

Our Terms of Service and Privacy Policy

YesHolistic Lda. ("Company", "us", "we", or "our") operates the "Platform" at https://www.yesholistic.com.

To get in touch with us, please use the following information:

YesHolistic Lda. PT515847410
Rua Castilho, 39, 8º E, 1250-068 Lisbon, Portugal
hello@yesholistic.com

Our Platform enables users ("Accounts") to publish, offer, search for, and book services ("Collaborations"). Accounts who publish, search for, book and offer services for booking are "Venues" and "Talents". Talent services are offered individually ("Expertise") where Venue services are offered as "Facilities". The Company does not own, control, offer or manage any Expertise or Facilities. The Company is not a party in the Account contracts between Talents and Venues, nor is YesHolistic a real estate broker, insurer or an organiser or retailer of travel arrangements under Directive (EU) 2015/2302. The Company is not acting as an agent for any of our Accounts.

By creating an Account on the Platform, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Talent Expertise or Venue Facilities.

These Terms of Service ("Terms", or "Terms of Service") govern your use of the Platform.

Our Privacy Policy also governs your use of our Platform and explains how we collect, safeguard and disclose personal data that results from your use of our Platform.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood both Agreements, and agree to be bound by them.

If you do not agree with the Agreements (or cannot comply with), then you may not use the Platform, but please let us know your reasons using our contact details so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use our Platform.

As a consumer from European Union, you can access the European Commission's online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that we are not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

Thank you for being responsible.

Privacy Policy

Definitions

"Personal Data" means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

"Usage Data" means data collected automatically either generated by the use of the Platform or from the Platform infrastructure itself (for example, the duration of a page visit);

"Cookies" means small text files stored that websites place on your device (computer or mobile device) as you are browsing;

"Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;

"Data Processors" or "Service Providers" means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively;

"Data Subject" is any living individual who is the subject of Personal Data. The Account corresponds to the Data Subject, who is the subject of Personal Data;

Data Controller

For the purpose of this Privacy Policy, we are the Data Controller of your data, you may contact us for any question or request regarding the processing of your personal data by email.

Data Collection and Use

We collect several different types of data for various purposes to provide and improve the Platform for you. Below you will find the types of data we collect.

Personal Data

While using our Platform, we may ask you to provide us with personal data that can be used to contact or identify you. Personal data may include, but is not limited to:

The collected data is processed and stored in a computer database, respecting strict rules, in compliance with the legislation of protection of personal data; it is stored in a specific database, created for this purpose, by The Company or by the entities subcontracted by it.

Some of the personal data collected on the platform is mandatory and, in case of lack or insufficiency of such data, The Company may not be able to provide you with the services or information requested. In each case, The Company will inform you of the mandatory nature of the provision of the personal data in question.

The Company assumes that such data has been provided by the owner or that the user has given authorization to do so and will presume that it is correct, true, and up to date.

Usage Data

We may also collect data that your browser sends whenever you visit our Platform or when you access the Platform by or through a device.

This Usage Data may include data such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Platform that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Platform with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Platform and we hold certain data.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track data and to improve and analyze our Platform.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Platform.

We use advertising cookies to serve you with advertisements that may be relevant to you and your interests.

The cookies that we use are from:

Use of Data

The Company uses the collected data for various purposes

Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Where there is no specific legal requirement, the data shall be retained and stored only for the minimum period necessary for the purposes that motivated its collection or subsequent processing, after which they will be deleted.

We could also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Platform, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your Personal Data collected and held by the Company may be transmitted, with due respect for the duty of confidentiality and the principle of the purpose that led to its collection, to the following entities:

Your Personal Data, may be transferred to, and maintained on, computers located outside of your country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

The Company will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

We may disclose personal data that we collect, or you provide:

Security of Data

The Company is committed to ensuring the protection and security of your data. To that end, the Company has adopted a series of technical and organizational security measures in order to protect the personal data you make available to us, against its unauthorized diffusion, loss, misuse, alteration, treatment or access, as well as against any other form of illicit treatment.

The Company requires its subcontractors and its partners to adopt safety measures equivalent to those it practices.

We took several steps to help securing the data provided to us, like:

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

As a resident of the European Union (EU) and European Economic Area (EEA), you have the following data protection rights, covered by GDPR.

Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not be able to provide The Platform without some necessary data.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

If you wish to exercise the legal rights, please email us at privacy@yesholistic.com.

Service Providers

We may employ third party companies and individuals to assist with our Platform, provide our Platform on our behalf, perform Platform-related services or assist us in analysing how our Platform is used.

These third parties have limited access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics and Behavioural Remarketing

We may use third-party Service Providers to monitor and analyze the use of our Platform.

Google Analytics and Tag Manager (Google, LLC)

Google Analytics and Tag Manager are web analytics services offered by Google, LLC to track and report website traffic. Google uses the data collected to track and monitor the use of our Platform. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google privacy policy page https://policies.google.com/privacy?hl=en

We also encourage you to review the Google policy for safeguarding your data https://support.google.com/analytics/answer/6004245

Code and Hosting Services

Render.com (Render Services, Inc.)

Render is a platform as a service (PaaS) that enables developers to build, run, and operate applications entirely in the cloud.

Render is used to host and run the Platform and store Platform data. Render Terms and Privacy Policy can be found at https://render.com/terms

Amazon Web Services (AWS) (Amazon Web Services, Inc.)

Amazon Web Services is a hosting and infrastructure service. Our Platform uses:

Amazon Web Services terms are available at https://aws.amazon.com/service-terms/

Infrastructure monitoring

We use third-party Services Providers to monitor the use and behavior of the Platform for improving its performance, operation, maintenance and troubleshooting.

Skylight (Tilde, Inc.)

Skylight is a monitoring service provided by Tilde Inc.

Skylight is collecting various types of data as specified in their terms of service https://www.skylight.io/tos

Sentry (GetSentry, LLC)

Sentry is a monitoring service provided by GetSentry, LLC.

Sentry collects various types of data as specified in their data processing addendum: https://sentry.io/legal/dpa/

LogRocket (LogRocket, Inc.)

LogRocket is a customer experience monitoring service provided by LogRocket, Inc.

LogRocket collects various types of data as specified in their privacy policy https://logrocket.com/privacy/

Customer Support, User Requests and Message Sending Service

Intercom (Intercom, Inc.)

Intercom is a customer messaging service.

Intercom collects various types of data as specified in their privacy policy https://www.intercom.com/terms-and-policies#privacy

Payments

We provide paid products and services within the Platform. We use third-party services for payment processing.

Stripe (Stripe, Inc.)

We will not store or collect your payment card details. That data is provided directly to Stripe payment processors whose use of your personal data is governed by Stripe services agreement and respectively Stripe Connect account agreement:

Children Privacy

Our Platform is not intended for use by children under the age of 18 ("Child" or "Children").

We do not knowingly collect personally identifiable data from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that data from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Terms of Service

Communications

By registering on our Platform, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

Purchases

If you wish to purchase any service made available through the Platform ("Purchase"), you may be asked to supply certain data relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the data you supply to us is true, correct, and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your data, you grant us the right to provide the data to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the service or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Subscriptions

Some parts of the Platform are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, or we cancel it.

You have the right to terminate the agreement without incurring any costs, at any time and without cause, within 14 days counted from the first subscription date.

After the period of 14 days, you only can terminate the contract in relation to each Subscription renewals periods.

You may terminate the agreement or cancel your Subscription renewal through your online account page.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize the Platform to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we will notify you with further actions to be taken within a certain deadline date and with the full payment corresponding to the billing period.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for Free Trial.

If you enter your billing information when signing up for Free Trial, you will not be charged by us until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, we reserve the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Platform after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Collaborations

The Platform allows you to create Collaborations with Talents and Venues which are offered and managed by the Platform Accounts. When you confirm a Collaboration for an Expertise or a Facility, you agree to pay all charges, taxes and applicable fees to the Venue or Talent Account owner, and other items identified during checkout. You also agree that the Platform may collect any deposit identified during checkout.

When you confirm a Collaboration, you are also entering in a contract directly with the Venue or Talent Account owner and are responsible for delivering the Expertise or Facility services defined in the terms and at the price specified in the Collaboration. The cancellation policy and any other rules, policies and requirements identified during the checkout become part of your contract with the other Account.

Collaboration Modifications

As a participant in a Collaboration, you are responsible for any booking modifications made on the Platform, and agree to pay any additional amounts, fees associated with the modifications.

Cancellations

When you cancel a Collaboration, the amount refunded to you is determined by the cancellation policy that applies to that Collaboration.

Content

Our Platform allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for Content that you post on or through the Platform, including its legality, reliability, and appropriateness.

By posting Content on or through the Platform, You, represent and warrant that:

You retain any and all of your rights to any Content you submit, post or display on or through the Platform and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third-party posts on or through the Platform. However, by posting Content using the Platform You grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform.

You agree that this license includes the right for us to make your Content available to other users of the Platform, who may also use your Content subject to these Terms. However you may opt out where possible from your Content being used through the Platform.

The Company has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through our Platform is the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with Terms. You agree not to use the Platform:

Additionally, you agree not to:

No Use by Minors

The Platform is intended only for access and use by individuals with at least eighteen (18) years old. By accessing or using any of the Platform, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Platform and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Platform is protected by copyright, trademark, and other industrial property rights, and other applicable laws. Our trademarks, designs, and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Error Reporting and Feedback

You may provide us directly with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Platform ("Feedback").

You acknowledge and agree that:

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Our Platform may contain links to third party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree, that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused, by or in connection with, use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.

Disclaimer of Warranty

These services are provided by the Company on an "as is'' and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. you expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither Company nor anyone associated with Company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, harmless for any damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration,), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim arising from any violation by you of any laws, or regulations, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.

Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using the Platform.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Portugal without regard to its conflict of law provisions. The Civil Court of Lisbon shall have sole jurisdiction to hear any dispute concerning the interpretation, application or validity of this Terms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform and supersede and replace any prior agreements we might have had between us regarding the Platform.

Changes to Platform

We reserve the right to withdraw or amend our Platform service or material we provide via the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

Amendments to Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

Waiver and Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Acknowledgement

By using platform or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.

Thank you for using YesHolistic!