terms and conditions.

Last Updated: October 20, 2025

AGREEMENT TO OUR LEGAL TERMS

These Terms and Conditions ("Terms", "Terms and Conditions", "Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Client," "you," or "your"), and GODINHO & MARTA, LDA, doing business as wepeach ("wepeach," "Company," "we," "us," or "our"), concerning your access to and use of our digital marketing services.

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. COMPANY INFORMATION

Legal Entity: GODINHO & MARTA, LDA
Trade Name: wepeach
Tax ID: PT518359077
Address: Rua da Piscina 17, 9 Frente, 1495-151 Algés, Portugal
Email: geral@we-peach.com

2. SERVICES PROVIDED

wepeach provides comprehensive digital marketing services specifically designed for medical spa ("MedSpa") businesses operating in the United States, including but not limited to:

  • Digital marketing strategy and consultation

  • Social media management and advertising

  • Search engine optimization (SEO)

  • Pay-per-click (PPC) advertising management

  • Content creation and marketing

  • Website design and development

  • Email marketing campaigns

  • Analytics and reporting

  • Brand development and management

  • Reputation management

  • Lead generation and conversion optimization

The specific services, timelines, deliverables, pricing, and payment terms for your engagement will be detailed in your signed proposal or order form, which together with these Terms constitutes the complete agreement between wepeach and Client.

3. CLIENT RESPONSIBILITIES

3.1. Information and Materials: Client agrees to provide timely access to necessary materials, information, accounts, credentials, and decision-makers required for wepeach to perform the agreed-upon services.

3.2. Content Approval: Client is responsible for reviewing and approving all content, creative materials, advertisements, and campaigns before publication or launch. wepeach will provide Client with reasonable opportunity to review materials. Once approved by Client, wepeach will not be liable for the content, claims, or compliance of such materials.

3.3. Timely Feedback: Client agrees to provide feedback and approvals within the timeframes specified in communications. Delays in Client feedback may impact project timelines and campaign performance.

3.4. Accurate Information: Client warrants that all information, data, and materials provided to wepeach are accurate, complete, and do not violate any laws or third-party rights.

3.5. Legal Compliance: Client is responsible for ensuring that their business operations, services, products, and all marketing content comply with applicable federal, state, and local laws and regulations.

4. HIPAA COMPLIANCE AND PROTECTED HEALTH INFORMATION

4.1. Business Associate Relationship: wepeach acknowledges that in performing services for MedSpa clients, we may create, receive, maintain, or transmit Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and we may be considered a "Business Associate" under HIPAA regulations.

4.2. Business Associate Obligations: wepeach agrees to:

  • Use and disclose PHI only as permitted by this Agreement, as required by law, or as authorized by Client

  • Implement appropriate administrative, physical, and technical safeguards to prevent unauthorized use or disclosure of PHI in accordance with 45 CFR § 164.308, 164.310, and 164.312

  • Report to Client any use or disclosure of PHI not permitted by this Agreement, any security incident, or any breach of unsecured PHI of which wepeach becomes aware

  • Ensure that any subcontractors or agents that create, receive, maintain, or transmit PHI on behalf of wepeach agree to the same restrictions and conditions

  • Make available PHI in accordance with 45 CFR § 164.524 upon Client's request

  • Make PHI available for amendment and incorporate any amendments to PHI in accordance with 45 CFR § 164.526

  • Make available the information required to provide an accounting of disclosures in accordance with 45 CFR § 164.528

  • Make internal practices, books, and records relating to the use and disclosure of PHI available to the Secretary of Health and Human Services for purposes of determining Client's compliance with HIPAA

  • Return or destroy all PHI upon termination of services, if feasible, or continue to protect such information in accordance with this Agreement if return or destruction is not feasible

4.3. Permitted Uses and Disclosures: wepeach may use and disclose PHI only:

  • To perform the services outlined in the signed proposal or order form

  • As required by law

  • For proper management and administration of wepeach's business, provided such disclosure is required by law or wepeach obtains reasonable assurances from the recipient that the information will be held confidentially

  • To report violations of law to appropriate authorities as permitted by 45 CFR § 164.502(j)(1)

4.4. Minimum Necessary Standard: wepeach agrees to make reasonable efforts to limit the use, disclosure, or request of PHI to the minimum necessary to accomplish the intended purpose.

4.5. De-Identified Information: To the extent possible, wepeach will use de-identified information for marketing purposes. Client agrees to work with wepeach to minimize the use of PHI in marketing materials by utilizing:

  • De-identified patient information

  • Stock photography and imagery

  • Testimonials and reviews obtained with proper HIPAA-compliant authorizations

  • General educational content that does not reference specific patients

4.6. Marketing Authorizations: When testimonials, before/after photos, or other patient-specific content is used in marketing, Client represents and warrants that:

  • Valid HIPAA-compliant authorizations have been obtained from all patients whose information is included

  • All such authorizations specifically permit the use of information for marketing purposes

  • Client will provide copies of such authorizations to wepeach upon request

  • All content complies with applicable state laws regarding use of patient information in advertising

4.7. Breach Notification: In the event wepeach discovers a breach of unsecured PHI, wepeach will notify Client within ten (10) business days of discovery and will:

  • Identify the individuals whose PHI was involved in the breach

  • Provide available information about the breach, including date, description of the PHI involved, and steps being taken to mitigate harm

  • Cooperate with Client in Client's investigation and notification obligations under HIPAA

  • Take reasonable steps to mitigate any harmful effects of the breach

4.8. Security Measures: wepeach maintains industry-standard security measures including:

  • Encryption of data in transit and at rest where feasible

  • Access controls and authentication mechanisms

  • Regular security assessments and updates

  • Employee training on HIPAA compliance and data security

  • Secure destruction of PHI when no longer needed

4.9. No Guarantee of Compliance: While wepeach will use reasonable efforts to comply with HIPAA requirements, Client acknowledges that wepeach is not providing legal advice and Client remains responsible for its own HIPAA compliance. Client is encouraged to consult with healthcare compliance counsel.

4.10. Client as Covered Entity: Client represents and warrants that it is a "Covered Entity" or "Business Associate" under HIPAA and is in compliance with all applicable HIPAA requirements, including but not limited to having appropriate privacy policies, notice of privacy practices, and patient authorization forms.

5. PAYMENT TERMS

5.1. Service Fees: Client agrees to pay all fees as specified in the signed proposal or order form. All fees are in United States Dollars (USD) unless otherwise specified.

5.2. Payment Methods: wepeach accepts payment via bank transfer, credit card, or other agreed-upon methods. Credit card payments may be subject to processing fees.

5.3. Payment Schedule: Payment terms will be outlined in the proposal or order form. Standard payment options include:

  • Monthly retainer payments due on the first day of each service month

  • Project-based payments with deposits and milestone payments

  • Advertising spend paid in advance or reimbursed according to agreed schedule

Unless otherwise specified, invoices are due within fifteen (15) days of invoice date.

5.4. Late Payment: Invoices not paid within the specified payment terms will be considered past due. Late payments may be subject to a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance. wepeach reserves the right to suspend services until payment is received.

5.5. Advertising and Media Spend: Advertising costs on platforms such as Google Ads, Facebook Ads, Instagram, and other paid media are in addition to wepeach's service fees unless otherwise specified. Client is responsible for all advertising spend, which will be paid directly by Client to the advertising platform

5.6. Additional Expenses: Client agrees to reimburse wepeach for reasonable, pre-approved out-of-pocket expenses incurred on Client's behalf, including but not limited to:

  • Premium stock photography and video footage

  • Premium software subscriptions or tools required for Client's specific projects

  • Professional services from third-party vendors (photographers, videographers, copywriters)

  • Rush fees for expedited services requested by Client

  • Printing, shipping, or material costs for physical marketing materials

All expenses exceeding will be approved by Client in advance.

5.7. Price Adjustments: wepeach reserves the right to adjust pricing upon sixty (60) days' written notice for ongoing services. Price adjustments will not affect prepaid services.

5.8. Non-Payment and Collections: Failure to pay undisputed invoices within thirty (30) days of due date may result in:

  • Suspension of all services until payment is received

  • Termination of this Agreement

  • Referral to collections agency or legal action

  • Client being responsible for all costs of collection, including reasonable attorneys' fees and court costs

5.9. Taxes: All fees are exclusive of applicable taxes. Client is responsible for paying all sales, use, value-added, or other taxes associated with the services, excluding taxes based on wepeach's income.

5.10. Disputed Charges: Client must notify wepeach of any disputed charges within fifteen (15) days of invoice date. Undisputed portions of invoices must be paid according to standard payment terms.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. Client Materials: Client retains all ownership rights to materials, content, logos, trademarks, copyrights, brand assets, and other intellectual property provided to wepeach ("Client Materials"). Client grants wepeach a non-exclusive, royalty-free license to use Client Materials solely for the purpose of providing services under this Agreement.

6.2. Work Product Ownership: Upon full payment of all fees and expenses, Client shall own all rights, title, and interest in the final deliverables specifically created for Client as part of the services ("Work Product"), including:

  • Custom graphics and visual designs created specifically for Client

  • Written content, copy, and articles created specifically for Client

  • Custom website designs and templates

  • Marketing materials and campaign assets

  • Photography and video created specifically for Client's projects

6.3. License Prior to Full Payment: Until full payment is received, wepeach retains ownership of all Work Product and grants Client a limited, non-exclusive license to use such Work Product solely for internal review purposes.

6.4. wepeach Property: wepeach retains all rights to its proprietary methodologies, processes, strategies, frameworks, templates, tools, pre-existing materials, and general marketing knowledge ("wepeach Property"). Client receives a non-exclusive, non-transferable license to use any wepeach Property incorporated into the Work Product solely for Client's internal business purposes.

6.5. Third-Party Materials: Work Product may incorporate third-party materials such as:

  • Stock photography and illustrations

  • Licensed fonts and typefaces

  • Software and applications

  • Third-party APIs and services

  • Music and audio elements

Client's use of such third-party materials is subject to the respective third-party license terms. wepeach will use commercially reasonable efforts to ensure proper licensing but does not warrant that all third-party materials are fully cleared for all uses.

6.6. Open Source and Public Domain: Work Product may include open-source software or public domain materials. Use of such materials is subject to applicable open-source licenses.

6.7. Trademarks: Nothing in this Agreement grants either party rights to use the other party's trademarks, service marks, trade names, or logos without prior written consent, except as necessary to fulfill obligations under this Agreement.

6.8. Portfolio and Marketing Rights: wepeach reserves the right to:

  • Display Work Product in its portfolio, website, case studies, and marketing materials

  • Reference Client as a client in proposals and marketing materials

  • Use Work Product in presentations and promotional activities

  • Share general metrics and results (non-confidential) in case studies

Client may request confidentiality by providing written notice, in which case wepeach will not publicly display Client's Work Product without prior approval.

6.9. Intellectual Property Warranty: wepeach warrants that Work Product created solely by wepeach will not knowingly infringe upon any third-party intellectual property rights. This warranty does not apply to:

  • Client Materials or content provided by Client

  • Third-party materials selected or requested by Client

  • Modifications made by Client after delivery

  • Use of Work Product outside the scope of the license granted

7. CONFIDENTIALITY

7.1. Definition of Confidential Information: "Confidential Information" means all non-public information disclosed by either party (the "Disclosing Party") to the other party (the "Receiving Party"), whether orally, in writing, or in any other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes, but is not limited to:

  • Business strategies, plans, and methods

  • Financial information, pricing, and revenue data

  • Customer lists and patient information

  • Marketing strategies and campaign plans

  • Proprietary processes and methodologies

  • Technical information and trade secrets

  • Non-public information about products and services

  • Protected Health Information (PHI) as defined under HIPAA

7.2. Obligations: The Receiving Party agrees to:

  • Maintain the confidentiality of all Confidential Information

  • Not disclose Confidential Information to any third party without the Disclosing Party's prior written consent, except as required by law or to employees, contractors, or advisors who need access to perform services and who are bound by confidentiality obligations

  • Use Confidential Information only for purposes of fulfilling obligations under this Agreement

  • Protect Confidential Information using at least the same degree of care used to protect its own confidential information, but in no event less than reasonable care

  • Promptly notify the Disclosing Party of any unauthorized disclosure or use of Confidential Information

7.3. Exceptions: Confidential Information does not include information that:

  • Is or becomes publicly available through no breach of this Agreement

  • Is rightfully received from a third party without breach of any confidentiality obligation

  • Was independently developed by the Receiving Party without use of or reference to the Confidential Information

  • Was already known to the Receiving Party prior to disclosure by the Disclosing Party

  • Is required to be disclosed by law, regulation, or court order, provided that the Receiving Party provides prompt notice to the Disclosing Party and cooperates in any effort to seek protective measures

7.4. Return of Information: Upon termination of this Agreement or upon request by the Disclosing Party, the Receiving Party shall promptly return or destroy all Confidential Information and certify in writing that it has done so, except for:

  • Information required to be retained by law

  • One copy maintained in secure archives for legal compliance purposes

  • Information automatically backed up in standard IT systems that will be destroyed in the ordinary course of business

7.5. Survival: The confidentiality obligations set forth in this Section shall survive termination of this Agreement for a period of five (5) years, except that obligations relating to trade secrets shall survive for as long as such information remains a trade secret under applicable law, and obligations relating to PHI shall survive indefinitely or as required by HIPAA.

8. REPRESENTATIONS AND WARRANTIES

8.1. Mutual Representations: Each party represents and warrants that:

  • It has the legal authority and capacity to enter into this Agreement

  • Execution of this Agreement does not violate any other agreement to which it is a party

  • It will comply with all applicable laws and regulations in performing its obligations

8.2. Client Representations and Warranties: Client represents and warrants that:

  • All Client Materials, information, and content provided to wepeach are accurate, complete, and current

  • Client owns or has the right to use all Client Materials and has obtained all necessary rights, licenses, consents, and permissions for wepeach's use of such materials

  • Client Materials do not and will not infringe upon, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, or other rights

  • Client's business operations, services, and products comply with all applicable federal, state, and local laws and regulations, including healthcare and medical spa regulations

  • All necessary licenses, permits, and certifications required to operate the MedSpa business are current and valid

  • Any patient testimonials, before/after photographs, case studies, or patient information provided has been obtained with proper HIPAA-compliant authorizations

  • Client has appropriate consent and releases for any individuals appearing in photos or videos

  • Client has implemented appropriate HIPAA policies and procedures and is in compliance with HIPAA requirements

  • Marketing claims about services, treatments, and results are truthful, substantiated, and comply with FTC and FDA regulations

  • All pricing information and service descriptions provided for marketing purposes are accurate and not misleading

8.3. wepeach Representations and Warranties: wepeach represents and warrants that:

  • Services will be performed in a professional and workmanlike manner consistent with industry standards

  • wepeach has the necessary skills, experience, and resources to perform the services

  • Work Product created solely by wepeach will not knowingly infringe upon third-party intellectual property rights

  • wepeach will comply with applicable laws and regulations in performing services, including HIPAA requirements where applicable

  • wepeach maintains appropriate insurance coverage for its business operations

8.4. DISCLAIMER OF WARRANTIES: EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 8, wepeach PROVIDES SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. wepeach SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

8.5. No Guarantee of Results: wepeach does not warrant or guarantee:

  • Specific results from marketing campaigns, including but not limited to website traffic, leads, conversions, revenue, or return on investment

  • Search engine rankings or placement

  • Social media follower growth, engagement rates, or viral content

  • Advertising platform approval or ad performance

  • Customer behavior or market conditions

  • Third-party platform performance, availability, or policy compliance

Marketing results depend on numerous factors outside wepeach's control, including market conditions, competition, client's business operations, product/service quality, pricing, customer service, and overall business execution.

9. LIMITATION OF LIABILITY

9.1. EXCLUSION OF CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL wepeach, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES

  • LOSS OF DATA OR INFORMATION

  • COST OF SUBSTITUTE SERVICES

  • BUSINESS INTERRUPTION

  • LOSS OF GOODWILL OR REPUTATION

  • PERSONAL INJURY OR PROPERTY DAMAGE

ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF wepeach HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2. CAP ON LIABILITY: wepeach'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO wepeach IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIVE THOUSAND DOLLARS ($5,000 USD), WHICHEVER IS GREATER.

9.3. Third-Party Platforms: wepeach is not responsible for:

  • Changes to third-party platform policies, algorithms, or terms of service (e.g., Google, Facebook, Instagram, TikTok)

  • Suspension, termination, or restriction of Client's accounts on third-party platforms

  • Performance fluctuations due to platform updates or changes

  • Platform outages, technical issues, or service interruptions

  • Rejection or disapproval of advertisements by third-party platforms

  • Changes in advertising costs or bidding dynamics on third-party platforms

9.4. Force Majeure: wepeach shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, government actions or restrictions, labor disputes, internet or telecommunications failures, power outages, or third-party platform failures.

9.5. Basis of the Bargain: Client acknowledges that the limitations of liability set forth in this Section 9 are fundamental elements of the basis of the agreement between wepeach and Client, and wepeach would not be able to provide services at the agreed pricing without such limitations.

9.6. Exceptions: Nothing in this Section 9 shall limit either party's liability for:

  • Gross negligence or willful misconduct

  • Death or personal injury caused by negligence

  • Fraud or fraudulent misrepresentation

  • Violation of applicable laws that prohibit limitation of liability

  • Breach of confidentiality obligations regarding PHI

  • Indemnification obligations under Section 10

10. INDEMNIFICATION

10.1. Client Indemnification: Client agrees to defend, indemnify, and hold harmless wepeach, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, contractors, and representatives (collectively, "wepeach Indemnitees") from and against any and all claims, actions, demands, suits, proceedings, losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) (collectively, "Claims") arising from or relating to:

  • Client's breach of this Agreement or violation of any representation, warranty, or obligation herein

  • Client Materials or any content, information, or instructions provided by Client

  • Client's products, services, or business operations

  • Claims that marketing materials, advertisements, or campaigns approved or provided by Client are false, deceptive, misleading, or violate applicable laws or regulations

  • Client's violation of any federal, state, or local law or regulation, including but not limited to HIPAA, FTC regulations, FDA regulations, state medical board rules, or healthcare advertising laws

  • Infringement or misappropriation of third-party intellectual property rights, privacy rights, publicity rights, or other rights arising from Client Materials or Client-provided content

  • Any personal injury, property damage, or other harm caused by Client's products or services

  • Client's violation of third-party platform terms of service

  • Unauthorized use of patient information or violation of patient privacy rights

  • Claims by patients, customers, or third parties related to Client's business operations or marketing practices

10.2. wepeach Indemnification: wepeach agrees to defend, indemnify, and hold harmless Client, its officers, directors, employees, and agents (collectively, "Client Indemnitees") from and against any Claims arising from:

  • wepeach's breach of this Agreement or violation of any representation, warranty, or obligation herein

  • Claims that Work Product created solely by wepeach (excluding Client Materials and third-party materials) infringes or misappropriates third-party intellectual property rights

  • wepeach's gross negligence or willful misconduct in performing services

  • wepeach's unauthorized disclosure of Confidential Information in violation of Section 7

10.3. Indemnification Procedure: The party seeking indemnification ("Indemnitee") shall:

  • Promptly notify the indemnifying party ("Indemnitor") in writing of any Claim

  • Cooperate with Indemnitor in the defense of the Claim

  • Allow Indemnitor to control the defense and settlement of the Claim, provided that Indemnitor shall not settle any Claim without Indemnitee's prior written consent if such settlement requires Indemnitee to admit liability, make any payment, or restrict Indemnitee's business operations

The Indemnitee reserves the right to participate in the defense of any Claim with counsel of its own choosing at its own expense.

10.4. Sole Remedy: The indemnification obligations set forth in this Section 10 constitute the sole remedy for Claims covered by such indemnification.

11. TERM AND TERMINATION

11.1. Agreement Term: This Agreement becomes effective upon Client's acceptance (by signing a proposal, order form, or beginning to receive services) and continues until terminated in accordance with this Section.

11.2. Service Period: Services will be provided for the period specified in the signed proposal or order form, which may be:

  • Month-to-month ongoing services

  • Fixed-term contracts (e.g., 6 months, 12 months)

  • Project-based with defined completion milestones

11.3. Termination for Convenience:

  • Month-to-Month Services: Either party may terminate month-to-month services with thirty (30) days' written notice.

  • Fixed-Term Contracts: Client may terminate fixed-term contracts with thirty (30) days' written notice, but Client shall remain obligated to pay all fees for the remainder of the contracted term unless otherwise agreed in writing.

  • Project-Based Services: Client may terminate project-based services with written notice, but Client shall pay for all work completed through the termination date plus any non-cancellable commitments.

11.4. Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party:

  • Materially breaches this Agreement and fails to cure such breach within fifteen (15) days of receiving written notice specifying the breach

  • Becomes insolvent, makes an assignment for the benefit of creditors, or has a receiver or trustee appointed

  • Ceases to conduct business in the normal course

  • Violates applicable laws or regulations in a manner that materially affects the other party

wepeach may also terminate immediately if Client:

  • Fails to pay undisputed invoices within thirty (30) days of due date

  • Violates HIPAA regulations in a manner that creates liability for wepeach

  • Engages in illegal, unethical, or fraudulent business practices

11.5. Effect of Termination:

Upon termination of this Agreement for any reason:

Payment Obligations:

  • Client shall immediately pay all outstanding fees and expenses incurred through the termination date

  • For fixed-term contracts terminated by Client for convenience, Client shall pay all remaining fees due under the contract term

  • No refunds will be provided for services already rendered or for pre-paid fees, except as may be required by applicable law

Delivery of Work Product:

  • wepeach will deliver all completed Work Product to Client upon receipt of full payment for services rendered

  • Work-in-progress will be delivered in its current state upon payment

  • wepeach is not obligated to complete any unfinished work after termination

Account Access:

  • wepeach will remove its administrative access to Client's accounts, platforms, and systems within five (5) business days

  • Client is responsible for maintaining continuity of services and campaigns after termination

  • wepeach will provide reasonable transition assistance for up to thirty (30) days after termination at standard hourly rates

Confidential Information:

  • Each party shall return or destroy all Confidential Information of the other party, except as permitted in Section 7.4

  • Both parties shall continue to comply with confidentiality obligations as set forth in Section 7

Data and Content:

  • wepeach will provide Client with available analytics data, campaign history, and performance reports

  • Client data stored on wepeach systems may be retained for up to ninety (90) days after termination, after which it will be deleted unless Client requests earlier deletion or extended retention

  • wepeach will return or delete PHI in accordance with Section 4.2

Third-Party Services:

  • Client is responsible for any non-cancellable third-party commitments or subscriptions

  • wepeach will provide Client with information necessary to maintain third-party services directly

11.6. Survival: The following provisions shall survive termination of this Agreement: Payment Obligations (Section 5), Intellectual Property Rights (Section 6), Confidentiality (Section 7), Representations and Warranties (Section 8), Limitation of Liability (Section 9), Indemnification (Section 10), Governing Law and Dispute Resolution (Section 15), and any other provisions that by their nature should survive.

11.7. No Refunds: All fees paid are non-refundable except as may be required by applicable consumer protection laws. Services are provided on a month-to-month or project basis, and Client acknowledges that fees are earned upon performance of services.

12. ACCOUNT ACCESS AND DIGITAL ASSET OWNERSHIP

12.1. Client Ownership: Client owns all accounts, profiles, and digital assets created in Client's name or on behalf of Client's business, including:

  • Social media accounts (Facebook, Instagram, LinkedIn, TikTok, etc.)

  • Advertising accounts (Google Ads, Facebook Ads Manager, etc.)

  • Domain names and hosting accounts

  • Email marketing platforms

  • Analytics and tracking accounts

  • Website and content management systems

12.2. Access Requirements: To perform services, Client agrees to provide wepeach with appropriate administrative or editor-level access to necessary accounts and platforms. Access levels should allow wepeach to:

  • Create, publish, and manage content

  • Create, monitor, and optimize advertising campaigns

  • Access analytics and performance data

  • Make technical changes and updates as needed

  • Respond to messages and comments as authorized

12.3. Account Security:

  • wepeach will maintain the security and confidentiality of all account credentials provided

  • wepeach will not share Client's credentials with unauthorized parties

  • wepeach will use credentials only for authorized purposes under this Agreement

  • wepeach recommends using role-based access rather than sharing primary account credentials when possible

  • Client is responsible for maintaining security of primary account credentials

12.4. Account Creation: When wepeach creates new accounts or assets on behalf of Client:

  • Accounts will be created using Client's business information and Client's email address when possible

  • Client will be provided with login credentials and full administrative access

  • wepeach will maintain administrative or editor access to perform services

  • Client maintains full ownership of all created accounts

12.5. Removal of Access: Upon termination or at Client's request:

  • wepeach will promptly remove or downgrade its access to Client accounts

  • wepeach will provide Client with any necessary documentation, credentials, or information to maintain services independently

  • Client is responsible for ensuring continued access to all accounts after wepeach's access is removed

  • wepeach is not responsible for account issues arising after access removal

12.6. Account Suspension or Termination: wepeach is not responsible for:

  • Suspension or termination of Client accounts by third-party platforms due to policy violations

  • Loss of account access due to Client's failure to maintain account security

  • Platform changes that affect account functionality or performance

  • Recovery of suspended or terminated accounts

12.7. Domain Names and Hosting: If wepeach registers domain names or purchases hosting on Client's behalf:

  • Domain names and hosting accounts are Client's property

  • Costs will be billed to Client with appropriate documentation

  • Client will be provided with transfer codes and account credentials

  • wepeach may assist with domain transfers and hosting migrations at standard hourly rates

13. COMPLIANCE WITH LAWS AND REGULATIONS

13.1. General Legal Compliance: Both parties agree to comply with all applicable federal, state, local, and international laws, regulations, and rules in connection with this Agreement and the services provided.

13.2. Healthcare and MedSpa Regulations: Client acknowledges that medical spa marketing is subject to extensive regulation, including but not limited to:

Federal Regulations:

  • Federal Trade Commission (FTC) Act prohibiting false or misleading advertising

  • FTC Guides Concerning Use of Endorsements and Testimonials in Advertising

  • Food and Drug Administration (FDA) regulations regarding medical device and cosmetic product claims

  • Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules

  • Federal Anti-Kickback Statute and Stark Law (if applicable)

  • CAN-SPAM Act for email marketing

  • Telephone Consumer Protection Act (TCPA) for SMS and phone marketing

State Regulations:

  • State medical board advertising regulations and restrictions

  • State healthcare advertising laws

  • State scope of practice laws

  • State consumer protection laws

  • State privacy laws (including CCPA, CPRA, and other state privacy statutes)

Third-Party Platform Policies:

  • Social media platform advertising policies

  • Search engine advertising policies and restricted content policies

  • Platform community guidelines and terms of service

13.3. Marketing Content Compliance: Client is ultimately responsible for ensuring that all marketing content, advertisements, and campaigns comply with applicable laws and regulations. This includes:

Truthful Advertising:

  • All claims about treatments, results, and services must be truthful and substantiated

  • Before/after photos must be unaltered and representative of typical results

  • Testimonials must reflect genuine patient experiences and include appropriate disclaimers

  • Endorsements must comply with FTC guidelines

  • Price claims must be accurate and include all relevant terms and conditions

Prohibited Claims:

  • Guarantees of specific medical outcomes or results

  • Unsubstantiated medical or health claims

  • FDA-unapproved claims about devices or products

  • Comparative claims without substantiation

  • Claims that violate scope of practice regulations

Required Disclaimers:

  • Individual results may vary

  • Risks and potential side effects where appropriate

  • Qualifications of practitioners

  • Off-label use disclosures where applicable

13.4. WePeach's Role in Compliance: WePeach will:

  • Use reasonable efforts to create marketing content that complies with applicable regulations based on industry best practices and available guidance

  • Recommend compliance best practices and flag potential compliance concerns

  • Implement changes requested by Client to address compliance issues

  • Stay informed about major regulatory changes affecting healthcare marketing

However, WePeach:

  • Does not provide legal advice or guarantee legal compliance

  • Cannot ensure compliance with all state-specific regulations without Client's guidance

  • Relies on Client's representations that content and claims are accurate and substantiated

  • Requires Client to obtain independent legal review of marketing materials when necessary

13.5. Client's Compliance Responsibilities: Client agrees to:

  • Review all marketing content for accuracy and compliance before approval

  • Ensure all claims are substantiated by appropriate evidence

  • Obtain necessary authorizations for use of patient information

  • Maintain current licenses and certifications for all practitioners

  • Inform WePeach of any regulatory restrictions or requirements specific to Client's jurisdiction

  • Seek advice from healthcare compliance counsel when needed

  • Promptly notify WePeach of any regulatory complaints or inquiries related to marketing

13.6. Changes in Law: If changes in applicable laws or regulations materially affect the services or require substantial modifications to marketing strategies, both parties will work together in good faith to adjust services accordingly. If compliance cannot be reasonably achieved, either party may terminate this Agreement with written notice.

13.7. Regulatory Inquiries: If either party receives inquiries, complaints, or investigations from regulatory authorities related to marketing activities, that party shall promptly notify the other party. Both parties agree to cooperate in responding to such inquiries.

14. DATA PROTECTION AND PRIVACY

14.1. Privacy Policy: WePeach maintains a separate Privacy Policy that governs the collection, use, and protection of personal information. Client agrees to review and comply with WePeach's Privacy Policy, which is incorporated into this Agreement by reference.

14.2. Client Data: In performing services, WePeach may collect, process, and store certain information provided by Client, including:

  • Business contact information

  • Marketing materials and content

  • Website and social media account credentials

  • Analytics and performance data

  • Customer and patient information (to the extent provided by Client)

14.3. Use of Client Data: WePeach will use Client data solely to:

  • Provide and improve services

  • Communicate with Client about services

  • Generate reports and analytics

  • Comply with legal obligations

  • Protect the rights and safety of WePeach and its clients

14.4. Data Security: WePeach implements reasonable administrative, technical, and physical safeguards to protect Client data, including:

  • Encryption of data in transit and at rest where feasible

  • Access controls and authentication mechanisms

  • Regular security assessments

  • Employee training on data security

  • Secure data disposal practices

14.5. Data Retention: WePeach will retain Client data for as long as necessary to provide services and comply with legal obligations. Upon termination, Client data will be deleted or returned in accordance with Section 11.5, except:

  • Data required to be retained by law

  • Data necessary for WePeach's legitimate business purposes (e.g., financial records, legal compliance)

  • Aggregated or de-identified data that cannot be attributed to Client

14.6. International Data Transfers: Client acknowledges that WePeach is based in Portugal and may process data in Portugal and other jurisdictions. If Client is located in the United States or provides information about U.S. individuals, Client consents to the transfer and processing of such data in Portugal and other countries where WePeach operates or maintains service providers.

14.7. Subprocessors: WePeach may engage third-party service providers (subprocessors) to assist in providing services, including:

  • Cloud hosting providers

  • Analytics and tracking services

  • Email marketing platforms

  • Project management and communication tools

  • Payment processors

WePeach will ensure that subprocessors are bound by appropriate data protection obligations.

14.8. Data Subject Rights: To the extent required by applicable law, individuals have rights regarding their personal data, including rights to access, correct, delete, restrict processing, object to processing, and data portability. Client is responsible for responding to data subject requests related to Client's customers and patients. WePeach will cooperate with Client to the extent necessary to fulfill such requests.

14.9. Data Breach Notification: In addition to the breach notification requirements in Section 4.7 related to PHI, if WePeach becomes aware of any unauthorized access to or acquisition of Client data that compromises the security, confidentiality, or integrity of such data, WePeach will notify Client without unreasonable delay and will cooperate with Client in investigating and responding to the breach.

15. PROHIBITED ACTIVITIES

Client agrees not to use WePeach's services, and WePeach will not knowingly assist Client, in any activities that:

15.1. Illegal or Fraudulent Activities:

  • Violate any applicable federal, state, local, or international law or regulation

  • Engage in fraudulent, deceptive, or misleading business practices

  • Promote illegal products, services, or activities

  • Facilitate money laundering or other financial crimes

15.2. False or Misleading Advertising:

  • Make false, unsubstantiated, or misleading claims about treatments, results, or services

  • Use before/after photos that are altered, manipulated, or not representative of typical results

  • Guarantee specific medical outcomes or results

  • Make claims that violate FTC, FDA, or state medical board regulations

15.3. Privacy Violations:

  • Violate HIPAA or other patient privacy laws

  • Use before/after photos, testimonials, or patient information without proper authorization

  • Disclose confidential patient information without consent

  • Engage in unauthorized marketing communications to patients

15.4. Intellectual Property Infringement:

  • Infringe upon third-party copyrights, trademarks, patents, or other intellectual property rights

  • Use unlicensed images, music, video, or other content

  • Plagiarize content from competitors or other sources

  • Violate software license agreements

15.5. Platform Violations:

  • Violate terms of service of third-party platforms (Google, Facebook, Instagram, etc.)

  • Engage in prohibited advertising practices on social media or search platforms

  • Use automated bots, scripts, or tools in violation of platform policies

  • Create fake accounts, reviews, or engagement

15.6. Harmful or Offensive Content:

  • Promote hate speech, discrimination, or violence

  • Include sexually explicit or inappropriate content

  • Harass, threaten, or defame individuals or entities

  • Promote dangerous or harmful medical practices

15.7. Unethical Marketing Practices:

  • Engage in spam or unsolicited commercial communications in violation of CAN-SPAM or TCPA

  • Use purchased email lists without proper consent

  • Misrepresent credentials, qualifications, or affiliations

  • Disparage competitors with false or misleading information

  • Engage in clickbait or deceptive advertising practices

15.8. Scope of Practice Violations:

  • Market services that Client or its practitioners are not licensed to perform

  • Make medical claims for non-licensed personnel

  • Advertise prescription medications or controlled substances inappropriately

If WePeach becomes aware that Client is engaging in prohibited activities, WePeach reserves the right to immediately suspend services and terminate this Agreement without refund.

16. DISPUTE RESOLUTION

16.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles.

16.2. Jurisdiction: Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Lisbon, Portugal. However, WePeach may bring claims in the jurisdiction where Client resides or conducts business for the purposes of enforcing payment obligations or protecting WePeach's intellectual property rights.

16.3. Informal Resolution: Before initiating any formal dispute resolution proceedings, the parties agree to first attempt to resolve any dispute, claim, or controversy through good faith negotiations. Either party may initiate negotiations by providing written notice to the other party describing the dispute and proposing a resolution.

16.4. Mediation: If the parties cannot resolve the dispute through informal negotiations within thirty (30) days, either party may request non-binding mediation. The parties will cooperate in selecting a neutral mediator and will share equally the costs of mediation. Mediation will be conducted in English.

16.5. Legal Action: If mediation is unsuccessful or if either party declines to participate in mediation, either party may pursue legal action in accordance with Section 16.2.

16.6. Class Action Waiver: To the extent permitted by applicable law, both parties agree to resolve disputes only on an individual basis and waive any right to bring or participate in any class action, collective action, or representative proceeding.

16.7. Attorneys' Fees: In any dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party, unless prohibited by applicable law.

16.8. Equitable Relief: Nothing in this Section 16 shall prevent either party from seeking equitable relief (including injunctive relief) in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent irreparable harm.

17. FORCE MAJEURE

17.1. Excused Performance: Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement (except for payment obligations) to the extent such failure or delay is caused by events or circumstances beyond the reasonable control of that party ("Force Majeure Event"), including but not limited to:

  • Acts of God, including earthquakes, floods, fires, storms, or other natural disasters

  • War, terrorism, riots, or civil unrest

  • Pandemic, epidemic, or quarantine restrictions

  • Government actions, including embargo, sanctions, or regulatory changes

  • Labor disputes, strikes, or lockouts

  • Internet, telecommunications, or utility failures not caused by the affected party

  • Cyber-attacks or other malicious activities by third parties

  • Failure of third-party service providers or platforms

17.2. Notice and Mitigation: The party affected by a Force Majeure Event shall:

  • Provide prompt written notice to the other party describing the Force Majeure Event and its expected duration

  • Use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as reasonably practicable

  • Keep the other party regularly informed of the status and expected resolution

17.3. Termination for Extended Force Majeure: If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate this Agreement upon written notice without liability, except that Client shall remain obligated to pay for services rendered prior to the Force Majeure Event.

18. MODIFICATIONS TO TERMS

18.1. Right to Modify: WePeach reserves the right to modify, amend, or update these Terms and Conditions at any time at its sole discretion.

18.2. Notice of Changes: WePeach will provide notice of material changes to these Terms by:

  • Posting updated Terms on the WePeach website with a revised "Last Updated" date

  • Sending email notification to Client's primary contact email address

  • Providing notice through other communication channels as appropriate

18.3. Effective Date of Changes: Modified Terms will become effective:

  • For new clients: immediately upon acceptance of services

  • For existing clients: thirty (30) days after notice is provided, or immediately if Client continues to use services after receiving notice

18.4. Client's Options: If Client does not agree to modified Terms, Client may terminate this Agreement in accordance with Section 11.3 prior to the effective date of the modifications. Client's continued use of services after the effective date constitutes acceptance of the modified Terms.

18.5. No Retroactive Effect: Modifications to these Terms will not apply retroactively to disputes or claims arising prior to the effective date of the modifications.

19. INDEPENDENT CONTRACTOR RELATIONSHIP

19.1. Nature of Relationship: WePeach is an independent contractor, and nothing in this Agreement creates or shall be construed to create a partnership, joint venture, agency, employment, franchise, or employer-employee relationship between WePeach and Client.

19.2. No Authority: Neither party has the authority to bind the other party or to incur any obligation on behalf of the other party without the other party's prior written consent.

19.3. Taxes and Benefits: Each party is responsible for:

  • Payment of its own taxes, including income taxes and employment taxes for its employees

  • Providing benefits to its own employees

  • Maintaining its own insurance coverage

WePeach is not entitled to any employee benefits from Client, including but not limited to health insurance, retirement benefits, paid leave, or workers' compensation.

19.4. Control: WePeach retains the right to control and direct the manner and means by which services are performed, subject to Client's right to approve final deliverables and specify the services to be performed.

20. ASSIGNMENT

20.1. Client Assignment: Client may not assign, transfer, delegate, or sublicense any rights or obligations under this Agreement without WePeach's prior written consent. Any attempted assignment in violation of this Section shall be null and void.

20.2. WePeach Assignment: WePeach may assign this Agreement or any rights or obligations hereunder:

  • To any parent, subsidiary, or affiliate of WePeach

  • To any successor or acquirer of all or substantially all of WePeach's business or assets, whether by merger, acquisition, sale, or otherwise

  • To any third party with Client's prior written consent, which shall not be unreasonably withheld

20.3. Notice of Assignment: WePeach will provide Client with reasonable notice of any assignment.

20.4. Binding on Successors: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

21. SEVERABILITY

21.1. Invalid Provisions: If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be:

  • Modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent

  • If modification is not possible, severed from this Agreement

21.2. Remaining Terms: The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

21.3. Essential Terms: If any essential provision of this Agreement (including but not limited to payment obligations, intellectual property rights, limitation of liability, or indemnification) is held to be invalid or unenforceable, the parties agree to negotiate in good faith to replace such provision with a valid and enforceable provision that achieves the original intent.

22. WAIVER

22.1. No Waiver by Inaction: No failure or delay by either party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

22.2. Written Waiver Required: No waiver shall be effective unless it is in writing and signed by the party granting the waiver.

22.3. Limited Effect: Any waiver granted shall be limited to the specific instance and shall not be deemed a waiver of any subsequent breach or default of the same or any other provision of this Agreement.

22.4. Rights Cumulative: All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may be available to that party.

23. ENTIRE AGREEMENT

23.1. Complete Agreement: This Agreement, together with any signed proposal or order form specifically referencing this Agreement, constitutes the entire agreement between WePeach and Client concerning the subject matter hereof and supersedes all prior or contemporaneous negotiations, discussions, understandings, and agreements, whether written or oral, between the parties.

23.2. No Reliance: Each party acknowledges that it has not relied on any representation, warranty, or statement made by the other party that is not expressly set forth in this Agreement.

23.3. Amendments: No amendment, modification, or supplement to this Agreement shall be valid or binding unless it is in writing and signed by authorized representatives of both parties.

23.4. Conflicting Terms: In the event of any conflict between:

  • These Terms and Conditions and a signed proposal or order form, the proposal or order form shall control with respect to services, pricing, and payment terms only

  • These Terms and Conditions and any other document, these Terms and Conditions shall control

  • Different versions of these Terms and Conditions, the most recently dated version shall control

23.5. Order of Precedence: If there is any inconsistency between documents, the order of precedence shall be: (1) signed proposal or order form (for commercial terms only), (2) these Terms and Conditions.

24. NOTICES

24.1. Method of Notice: All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be delivered by:

  • Email to the email address provided by the receiving party

  • Certified or registered mail, return receipt requested, postage prepaid

  • Nationally recognized overnight courier service

  • Personal delivery

24.2. Notice Addresses:

To WePeach:
GODINHO & MARTA, LDA
Attention: Legal Department
Rua da Piscina 17, 9 Frente
1495-151 Algés, Portugal
Email: geral@we-peach.com

To Client:
To the address and email provided in the signed proposal or order form, or as subsequently updated by Client in writing.

24.3. Effective Date of Notice: Notices shall be deemed effective:

  • If by email: upon transmission, provided that the sender does not receive a delivery failure notification

  • If by certified or registered mail: three (3) business days after deposit in the mail

  • If by overnight courier: one (1) business day after deposit with the courier

  • If by personal delivery: upon delivery

24.4. Change of Address: Either party may change its notice address by providing written notice to the other party in accordance with this Section.

25. ELECTRONIC COMMUNICATIONS AND SIGNATURES

25.1. Consent to Electronic Communications: Client consents to receive electronic communications from WePeach, including but not limited to:

  • Contracts and agreements

  • Invoices and payment receipts

  • Notices and disclosures required by law

  • Marketing communications and updates

  • Service-related communications

25.2. Satisfaction of Writing Requirement: Client agrees that all electronic communications, including agreements, notices, disclosures, invoices, and other documents provided electronically by WePeach satisfy any legal requirement that such communications be in writing.

25.3. Electronic Signatures: Client agrees to the use of electronic signatures, electronic contracts, electronic orders, and electronic records, and to electronic delivery of notices, policies, and records of transactions.

25.4. Withdrawal of Consent: Client may withdraw consent to receive electronic communications by contacting WePeach in writing. However, withdrawal of consent may result in termination of services if WePeach is unable to provide services without electronic communications.

25.5. Hardware and Software Requirements: To access and retain electronic communications, Client must have:

  • A device with internet access

  • A valid email address

  • Software capable of reading PDF files and common document formats

  • Adequate storage space to save or print documents

25.6. Paper Copies: Client may request paper copies of electronic communications by contacting WePeach. WePeach may charge a reasonable fee for providing paper copies.

26. MARKETING AND PUBLICITY

26.1. Client Testimonials: With Client's prior written consent, WePeach may:

  • Request testimonials or reviews about WePeach's services

  • Publish approved testimonials on WePeach's website, marketing materials, and social media

  • Use Client's name and logo in connection with testimonials

26.2. Case Studies: WePeach may create case studies featuring Client's project, subject to:

  • Client's prior written approval of the case study content

  • Exclusion of any confidential information unless specifically authorized

  • Client's right to request removal or modification at any time

26.3. Logo Usage: WePeach may display Client's logo on its website and in marketing materials as part of a client list, unless Client specifically requests in writing that its logo not be displayed.

26.4. Success Metrics: WePeach may reference general, non-confidential success metrics (e.g., "increased leads by X%") in marketing materials, provided such metrics are accurate and do not disclose confidential information.

26.5. Client Approval: All marketing materials featuring Client's specific information, beyond general logo display, will be submitted to Client for approval before publication.

26.6. Client's Marketing Rights: Client may reference its relationship with WePeach and may identify WePeach as its digital marketing services provider in Client's own marketing materials.

27. MISCELLANEOUS

27.1. Headings: The headings and captions used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement.

27.2. Language: This Agreement is executed in English. If this Agreement is translated into any other language, the English version shall control in the event of any conflict or inconsistency.

27.3. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

27.4. Third-Party Beneficiaries: This Agreement is for the sole benefit of the parties hereto and their permitted successors and assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.

27.5. Further Assurances: Each party agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out, and perform all of the terms, provisions, and conditions of this Agreement.

27.6. Time is of the Essence: Time is of the essence with respect to all dates and time periods set forth or referred to in this Agreement.

27.7. Interpretation: This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing this Agreement to be drafted. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation."

27.8. Business Days: When the performance of any obligation or the expiration of any time period is due on a day that is not a business day, the time for such performance or expiration shall be extended to the next business day. "Business day" means any day other than Saturday, Sunday, or a public holiday in Portugal or the United States.

28. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms and Conditions or our services, please contact:

GODINHO & MARTA, LDA (WePeach)
Rua da Piscina 17, 9 Frente
1495-151 Algés
Portugal
Tax ID: 518359077
Email: geral@we-peach.com

For service-related inquiries: ines@we-peach.com
For billing inquiries: leonor@we-peach.com
For legal notices: geral@we-peach.com

ACKNOWLEDGMENT AND ACCEPTANCE

BY SIGNING A PROPOSAL OR ORDER FORM, BY CLICKING "I ACCEPT," BY MAKING PAYMENT FOR SERVICES, OR BY USING WEPEACH'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF CLIENT (IF APPLICABLE) AND THAT CLIENT WILL COMPLY WITH ALL TERMS AND CONDITIONS SET FORTH HEREIN.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE WEPEACH'S SERVICES.


Last Updated: October 20, 2025
Effective Date: October 20, 2025

© 2025 GODINHO & MARTA, LDA. All rights reserved.