Terms and Conditions
GENERAL TERMS AND CONDITIONS OF CONTRACT FOR THE USE OF THE iNuba APP
This document sets out the general terms of use of the iNuba App, owned by 3DHealthAI, S.L. (hereinafter, "iNuba"), with registered office at Polígono Industrial Los Vientos, Calle Levante S/N, Náquera, Valencia, Spain, with tax ID (CIF) B-40644445 and registered with the Companies Registry of Valencia on 4 February 2020, registration number 792/2020, volume 10794, folio 191, sheet number V-191818, 1st entry. The contact telephone number is +34 621 248 308 and the contact e-mail is: contact. These terms include the general terms of contract, as well as the pre-contractual, contractual and post-contractual information, so we recommend that you read them carefully before using the application.
- GENERAL ASPECTS OF THE APP
These General Terms and Conditions of Contract are drafted in Spanish, and the information set out herein will be permanently available in the relevant section of the App, where the user may consult it at any time.
At iNuba we have a purpose: to help every person develop their physical potential, because we believe that in doing so they will feel better about themselves and their surroundings. Using the tools described below and the data that users provide to us, we offer a range of products and services that significantly help to achieve the intended objectives.
iNuba may modify, update and/or revise these general terms in order to bring them into line with the legislation in force at any given time, informing users of the update to the App's terms of use as set out in these terms.
- INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY
The iNuba App, as well as, by way of example and without limitation, its programming, algorithms, equations, software, data, designs, drawings, photographs, logos, texts, audio, videos and/or trademarks, are the property of iNuba and are protected by the intellectual and industrial property legislation in force.
The terms iNuba, iNuba App, iNubaBox, iNuba Totem, iNuba Corporate, iNuba Clinic, the iNuba logo and other iNuba logos and designs are exclusive trademarks owned by iNuba, and the user may not use those trademarks in any way without iNuba's prior express authorisation.
Under no circumstances does downloading and using the App entail the granting of any right or the concession of any licence over any of the intellectual and/or industrial property rights owned by iNuba, with the exception of the licence to use referred to in section 8.
Should the user wish to make use of any of the intellectual or industrial property rights belonging to iNuba, they may do so exclusively with iNuba's prior express written authorisation; otherwise, they will be deemed to be infringing the rights owned by the entity and will be liable for the legal consequences that such infringement may entail.
As a user of the iNuba App, you must refrain from any act that undermines the aforementioned rights, and you will be liable for any consequences that may arise from improper use of the application's services.
- SERVICES OFFERED BY iNuba
In-booth measurements (iNubaBox and/or iNuba Totem)
Any user who has registered in the system may visit one of the iNubaBox or iNuba Totem booths ("iNuba devices") commercially operated by the service provider in order to undergo a fast and comprehensive measurement process that provides information on parameters such as fat percentage, muscle mass, the temperature of the various regions of the body, etc. The iNuba devices capture depth-spectrum data from the user, which is subsequently reconstructed by complex algorithms to generate a 3D avatar of their body silhouette. In addition to the 3D avatar, the user is provided with health indicators such as fat percentage, waist-to-hip ratio, biceps diameter, etc. The RGB and depth images obtained are then destroyed during the reconstruction and processing stage. The technical team will only have access to the three-dimensional reconstruction where necessary due to a system failure or error.
In order to use the booth, the user must pay the fee specified within the application itself.
iNuba does not guarantee the quality of the booth measurement results for persons taller than 210 cm.
One of the tools used by the iNuba devices is bioelectrical impedance, which allows direct measurement of body composition and involves a minimal electrical current. Although it is not dangerous, its use is not advised for pregnant women or persons with pacemakers or limb prostheses. Where the user belongs to any of these groups, they must state this when completing their details, and the bioelectrical impedance system will be deactivated; even so, the booth can still obtain very valuable metrics, albeit somewhat less precise than when the system is active. In any event, every user, and in particular those belonging to these groups, is advised to consult their doctor before using the iNuba devices and to make sure that there is no contraindication of any kind; the decision to use the iNuba devices is, in any case, the user's responsibility.
The iNuba devices provide the user with simple, detailed instructions on the position to adopt so that the scanning process is carried out satisfactorily. If the process does not complete correctly, the user may repeat it once more without having to pay the corresponding fee. Should an error occur again, the user will not be entitled to carry out further scans without paying a new fee, unless the cause of the error is a technical failure of the system, in which case the amount will be refunded to the user.
Users of the iNuba devices are advised to follow the recommendations for use below:
- Remain still and relaxed for the duration of the test; any movement or muscle contraction may distort the results.
- Stand upright and look straight ahead throughout the test.
- Take the test in tight-fitting underwear, avoiding white and black colours; if the test is taken while clothed, iNuba does not guarantee the correct quality of the test or of the metrics obtained from it.
- Avoid wearing socks or shoes, and avoid drinking coffee or stimulant beverages, water, or eating a large meal, etc., as this may distort the bioelectrical impedance results.
- Avoid wearing watches, bracelets, necklaces or any item that may interfere with the bioelectrical impedance or the taking of measurements.
- The user must follow the instructions for entering and exiting the iNuba devices and must ensure that the door is properly closed both on entering and on exiting; failure to follow the instructions may cause the equipment to lock, restart and fail to work correctly.
If the user leaves their belongings inside the iNuba devices, iNuba accepts no liability for any loss, theft, damage or any other event that may occur. The user must contact the person responsible at the location of the iNuba devices.
iNuba may access the test results and any information needed to improve its processes and provide customer support where errors in the system or failures in the measurement process are detected, or where customers report an incident.
Read and follow the recommendations given in the tutorial during use in order to ensure correct analysis by the systems. Should these recommendations NOT be followed, iNuba accepts no liability for measurement failures, measurement errors or a poor user experience. This service will only be available free of charge to Corporate Clients or Clinic Clients, provided that the employing entity, in the case of iNuba Corporate, or the healthcare professional, in the case of iNuba Clinic, has an iNubaBox and/or iNuba Totem available, whether purchased or leased. Corporate Clients and Clinic Clients must pay the fee indicated to them in the iNuba App whenever they use an iNubaBox and/or iNuba Totem other than that of their employing entity, in the case of iNuba Corporate, or of the healthcare professional to whose account they are linked, in the case of iNuba Clinic.
Free Client
Free Clients are those who, having registered by opening a user account, do not pay a recurring fee to receive premium services (nutrition, training, lifetracking, etc.) within the iNuba App.
In order to provide nutrition and training services, the service provider must have the user's physical data. If the Free Client uses an iNubaBox booth, the result of their measurements is uploaded directly to the system, which integrates that data to build nutrition and training routines tailored to their conditions and needs. If the Free Client does not use an iNubaBox booth, they themselves must provide the result of their measurements to the system via the "settings" option or by syncing devices.
The offering available to Free Clients is as follows:
- Access to the nutrition services, but with the following limitations: changing a dish per meal, the nutrients of each dish, the recipe book, and a shopping basket limited to 2 days.
- Access to the fitness services, but with the following limitations: training can only be accessed on the day scheduled for it; the warm-up and cool-down cannot be removed; the exercises proposed by the plan cannot be changed; and there is no access to additional muscle training, the exercise catalogue or fixed routines.
- Access to the mind services, but with the following limitations: guided breathing can only be performed on the day scheduled for it; the extra daily recommendation cannot be played; and there is no access to the full catalogue of the mind section.
- Access to all 3DHuman services.
- Access to all Health Monitor services (intake charts, steps, kilocalories burned, trends, etc.).
- Access to wearable connectivity and graphical reporting.
- Restricted access to lifetracking and to the recalculation of calories based on unplanned activities, whether entered manually or via wearables.
Premium Client
Premium Clients are those who, by paying a recurring fee, are entitled to access the following services:
- Access to all Fitness services.
- Access to all Nutrition services.
- Access to all Mind services.
- Access to the full shopping-list service.
- Access to all 3DHuman services.
- Access to wearable connectivity and graphical reporting.
- Access to all lifetracking and calorie-recalculation services.
- Access to all Health Monitor services (intake charts, steps, kilocalories burned, trends, etc.).
The service provider will provide the Premium Client with a complete, personalised and up-to-date nutrition and training plan that takes into account the data from their scan on the iNuba devices, the data that the user themselves enters into the system and/or the data from the various wearables linked to iNuba.
The Premium Client must pay, in advance on a monthly basis, the monthly fee indicated in the application. The service provider may update the amount of the fee at any time. The relationship between the Premium Client and the service provider is of indefinite duration, but the client may cancel at any time without prior notice; if they do so, they will not have to pay the fee for the notice month, but they may not request a refund of any part of the fee for the current month. If the client fails to pay any fee, even where they have not expressly stated their wish to cancel, iNuba reserves the right to automatically terminate the agreement and cease providing the contracted services to the user.
Telemedicine
By accepting these general terms, you also accept the terms of use of the telemedicine service that iNuba subcontracts to a third-party company. You can view these specific terms of use in detail in Annex 0 or by accessing the provider's website: https://www.mediquo.com/aviso-legal/
Corporate Client
Corporate Clients are those users whose employing entity has entered into an agreement with iNuba that allows them to access the App on an unlimited basis and provides that entity with aggregated, anonymous information relating, among other things, to the health, motivation, stress level, rest and productivity of its employees.
Any user, free or premium, may become a Corporate Client provided that their company has contracted the service.
- If they are a Free Client and register as a Corporate Client, they will become a Premium Client free of charge.
- If they are a Premium Client and register as a Corporate Client, they will remain a Premium user but at no cost.
Clinic Client
Clinic Clients are those users who are linked to the iNuba Clinic software through a company or healthcare professional that has contracted the iNuba Clinic Services. For this link to take place, the express and freely revocable consent of the Clinic Client is required.
The company or professional has entered into an agreement with iNuba that allows the Clinic Clients linked to its account to access the App on an unlimited basis, and gives the company/professional access to all data that the Clinic Client has generated or generates in their App, whether manually, through responses to forms or questionnaires, through the linking of wearables, or through the iNubaBox or iNuba Totem.
Any user, free or premium, may become a Clinic Client provided that the company or professional that has contracted iNuba Clinic has registered them in the system, in which case the following will apply:
- If they are a Free Client and register as a Clinic Client, they will become a Premium Client free of charge for as long as they remain linked to the iNuba Clinic service.
- If they are a Premium Client and register as a Clinic Client, they will remain a Premium user but at no cost for as long as they remain linked to the iNuba Clinic service.
3D avatar generation service using a mobile device.
Any user who has registered in the system may generate a 3D avatar of their body silhouette using their mobile device in the manner indicated in the tutorial instructions available to them in the application.
The generated avatar provides the user with relevant health indicators, although these are less complete and precise than those obtained from in-booth measurements (iNubaBox).
In order to use this service, the user must pay the fee or share with friends (as specified within the application itself).
The 3D avatar of the user's body silhouette is generated directly by the system's artificial intelligence, without iNuba's technical team having to access the images of the video recorded by the user. The technical team will only access the video images in the event that the 3D avatar is not generated correctly, solely in order to verify whether or not the user has correctly followed the tutorial instructions. The user expressly authorises iNuba's technical team to access the images of the recorded video for this purpose. If the user has correctly followed the tutorial instructions, they may choose between requesting a refund of the fee paid or using the service again without paying an additional fee.
The data obtained through the generation of the 3D avatar of the user's body silhouette is uploaded directly to the system and is taken into account when providing the client with a complete, personalised and up-to-date nutrition and/or training plan. The service relating to the generation of a 3D avatar using a mobile device will only be free of charge for Corporate Clients and Clinic Clients where this service has been expressly contracted by the employer company, in the case of iNuba Corporate, or by the healthcare professional, in the case of iNuba Clinic; otherwise, the Corporate Client or Clinic Client wishing to use this service must pay the corresponding fee.
- USER REGISTRATION IN THE iNuba APP
- User status
User status is acquired upon registration in the iNuba App.
The iNuba App and the services provided through it are intended exclusively for persons aged 14 or over in the case of Spain, persons aged 13 or over in the case of the United Kingdom, and persons aged 16 or over for the rest of the world, in accordance with the legislation in force. Should a user be below the applicable age, they declare that one of their parents or legal guardian has reviewed and accepted these terms of use.
- Registration in the iNuba App
Registration is required in order to access the iNuba App services. During the registration process, the user must complete the registration form by providing their identifying details and e-mail address and choosing a username and password. Once the form has been completed, the user must accept the privacy and data protection policy, after which a message will be sent to their e-mail address to verify the account.
Once the account has been created, the user will be able to access their private area within the App and track their progress, with the user themselves being responsible for properly safeguarding the access credentials to their area of the App. Access to the services will depend on whether the user is on the free or premium plan.
- CONNECTING USERS WITH "iNuba CORPORATE".
iNuba Corporate is software that provides iNuba's corporate clients with anonymous, aggregated information about the health of their employees on matters such as motivation, stress level, rest, productivity, work-life balance, perception of the company, etc., and proposes corrective measures based on the resulting metrics.
In order for an employee of the company in question to be linked to an iNuba Corporate account, they must give their express consent through the following process.
In the case of employee users on iNuba Corporate (hereinafter, the "Corporate Client/User"), the App sign-up process may take one of these two forms:
Option 1:
- The client company must provide us with a list of the workers linked to its company so that we can verify the worker's identity and enable the services that the company has contracted. In that list, the client company must provide us with the following information for each employee:
- First name
- Surname(s)
- Corporate e-mail
- The Corporate User will receive an e-mail from their company introducing the iNuba Corporate service, which will contain:
- A download link for the iNuba App.
- The company's Corporate Code.
- If they already have an iNuba App account prior to their company contracting the iNuba Corporate service:
- The Corporate User must go to the settings section of the App and enter the following details in the Corporate section:
- The corporate e-mail address, or the address to which the e-mail was sent.
- The "Corporate Code" provided in the e-mail by the company.
- Once the Corporate Code and corporate e-mail have been entered, the employee must select the following details:
- Country
- City
- Site
- Department
- If they do NOT have an iNuba App account prior to their company contracting the iNuba Corporate service:
- They must download the iNuba App using the link provided by their company in the service introduction e-mail.
- Once the App has been downloaded, the Corporate User must register on the sign-in screen by entering the following details:
- The corporate e-mail address, or the address to which the e-mail was sent.
- The "Corporate Code" provided in the e-mail by the company.
- Once the Corporate Code and corporate e-mail have been entered, the employee must select the following details:
- Country
- City
- Site
- Department
iNuba will check whether the e-mail entered by the employee matches the prior list of e-mails provided by the company, such that if both e-mails match, the user will be verified and will be able to access the service; otherwise, the employee must contact their company's HR department to resolve the issue.
Option 2:
- The client company must provide us with a list of the workers linked to its company so that we can verify the worker's identity and enable the services that the company has contracted. In that list, the client company must provide us with the following information for each employee:
- First name
- Surname(s)
- tax ID (NIF)
- Corporate e-mail
- The Corporate User will receive an e-mail from their company introducing the iNuba Corporate service, which will contain:
- A download link for the iNuba App.
- An explanation of the in-App connection process.
- If they already have an iNuba App account prior to their company contracting the iNuba Corporate service:
- The Corporate User must enter the following details to complete the setup of the service via the settings section of the App and enter the following details in the Corporate section:
- The tax ID (NIF) provided by their company.
- This tax ID (NIF) will be confirmed by linking it to the corporate e-mail provided by their company. They will be sent an e-mail with a PIN, which they must enter on a screen in the App.
- Once the tax ID (NIF) and the PIN have been entered, the employee must select the following details:
- Country
- City
- Site
- Department
- If they do NOT have an iNuba App account prior to their company contracting the iNuba Corporate service:
- They must download the iNuba App using the link provided by their company in the service introduction e-mail.
- Once the App has been downloaded, the Corporate User must register on the sign-in screen by entering the following details:
- Select the "register with Corporate" option.
- Enter their tax ID (NIF) to verify their identity.
- This tax ID (NIF) will be confirmed by linking it to the corporate e-mail provided by their company. They will be sent an e-mail with a PIN, which they must enter on a screen in the App.
- Once the tax ID (NIF) and the PIN have been entered, the employee must select the following details:
- Country
- City
- Site
- Department
iNuba will check the tax ID (NIF) together with the e-mail against the prior list provided by the company, such that if both pieces of data match and are verified, the user will be able to access the service; otherwise, the employee must contact their company's HR department to resolve the issue.
Once this process is complete, the Corporate Client will be linked to the iNuba Corporate software and will be able to enjoy all its benefits.
Likewise, Corporate Clients may access the iNuba App on an unlimited basis for as long as their employment relationship with the employing entity remains in force.
- CONNECTING USERS WITH "iNuba CLINIC".
iNuba Clinic is software that allows healthcare professionals, who are iNuba clients, to monitor the health of their client-users linked to the service (hereinafter, "Clinic Clients"). Based on inputs collected in the Clinic Client's iNuba App, or entered by hand into the software by the professional or the Clinic Client, the professional can track their Clinic Clients' health variables, lifestyle habits, trends, progress and any data entered or collected in the iNuba App.
If your user account is designated as a Clinic Client Account, the professional-administrator of the iNuba Clinic software to which it is linked will have access to your account and will be able to view or modify its content.
In order for a healthcare professional's client to be linked to an iNuba Clinic account, they must give their express consent through the following process:
A client-user who is already an iNuba app user will receive an e-mail when the iNuba Clinic company-professional adds them as one of their clients. The e-mail will contain:
- A link to accept the connection to iNuba Clinic. Once the client-user clicks the link, all of their historical data and the data they go on to generate will be displayed in the iNuba Clinic software.
- Explicit acceptance of the General Terms and Conditions, as well as the privacy and data protection policy.
For client-users who do not have an iNuba App account, the iNuba Clinic professional-administrator will create a new account with the client's e-mail and details. At that point, the client will receive an e-mail containing:
- A link to accept the connection and linking to iNuba Clinic. Once the client clicks the link and has installed the App, all of their historical data and the data they go on to generate will be displayed in the iNuba Clinic software.
- Explicit acceptance of the General Terms and Conditions, as well as the privacy and data protection policy.
- Once the two previous points have been completed correctly, the client-user will be linked, pending the download of and access to the iNuba App.
iNuba will check whether the e-mail entered in the App by the client-user matches the e-mail verified through the iNuba Clinic service, such that if both e-mails match, the user will be verified and will be able to access the service; otherwise, the client-user must contact the company-professional to resolve the issue.
Once this process is complete, the Clinic Client will be linked to the software and will be able to enjoy all its benefits.
- DISCONNECTING THE iNuba APP FROM iNuba CORPORATE AND/OR iNuba CLINIC.
- Users who wish to unlink the iNuba App from iNuba Corporate must follow these steps:
- Go to the iNuba App settings.
- Advanced settings.
- Click on Corporate; once clicked, you will be able to see which company you are linked to.
- If you wish to disconnect from this company, click "Disconnect".
- Confirm the disconnection.
6.2. Users who wish to unlink the iNuba App from iNuba Clinic must follow these steps:
- Send an e-mail to contact with the following text:
- Subject: iNuba Clinic cancellation
- Body: I, "Name", with registration e-mail "contact" in the iNuba App, request to unlink from the connection with the iNuba Clinic service and therefore cancel access to my information.
- TERMS OF USE OF THE iNuba App
By accepting these general terms, the user is granted a limited, non-exclusive, non-sublicensable and non-transferable licence for their sole personal use, which may not be used for any commercial purpose, and for accessing and using the iNuba App in accordance with these terms.
By accepting these general terms, the user expressly agrees to make proper use of the iNuba App, in accordance with morality, public decency, accepted social standards and the law. They must refrain from using the App for any activity outside those permitted.
Should the user make improper use of the App, iNuba may block and cancel their user profile and their access to it. Likewise, should the user engage through the App in any conduct deemed unlawful, iNuba may take the appropriate legal action.
- PRICES AND PAYMENT METHODS
This section does not apply to Corporate Clients, in their capacity as employees, or to Clinic Clients linked to the account of a company/healthcare professional, given that those users have access as Premium Clients for as long as they are linked to at least one of the two services.
- PRICES
iNuba offers services on a free (no-cost) basis and on a premium (paid) basis. Specifically, the following:
| Use of the iNubaBox or iNuba Totem | Price indicated in the App |
| Free Clients | Free access to certain features |
| Premium Clients | Access to more features by paying a recurring fee |
| Nutrition Delivery service | Access available by paying an amount in advance |
| 3DMobile | Access available by paying an amount in advance. |
| Connection of external devices | Free access |
| Lifetracking | Available within the premium subscription |
| Telemedicine (Chat) | Access available by paying an amount in advance |
| Telemedicine (Video call) | Access available by paying an amount in advance |
Prices are stated in Euros and include VAT at the legal rate in force at any given time. Information on prices, payment methods and associated features is detailed and kept up to date within the App itself.
The specifications of each of these services are set out in section 8 of these terms.
- PAYMENTS
- In-App payment via Stores
In-App payment is managed by the App stores themselves, so depending on the App store used by the user (Apple Store, Android Store or another available store), payment will be handled directly by those platforms, with iNuba not processing the user's payment data at any time.
- In-App payment via Stripe
If the user wishes to pay via Stripe in the iNuba App, they will be redirected to the Stripe page to handle payment there, where they must enter their payment details, which iNuba does not store. If they wish, the user may consult Stripe's privacy policy via the following link https://stripe.com/es.
- Payment via landing page
If the user registers through a landing page and not directly in the iNuba App, once the registration form on the landing page has been completed, they will be redirected to the Stripe page to handle payment there, where they must enter their payment details, which iNuba does not store. If they wish, the user may consult Stripe's privacy policy via the following link https://stripe.com/es.
- TRIAL PERIOD
iNuba may offer the user a trial of the benefits of the various paid accounts for a set period that will be specified by iNuba at any given time.
To access the free trial of any of the paid plans, the user must register and enter their payment details, but no charge will be made to the card.
Once the trial period has elapsed, if the user does not cancel it before it ends, the account will be charged the price of the paid plan being trialled.
- SUBSCRIPTION RENEWAL
Where the user has chosen any of the plans that entail a recurring payment, that amount will be charged automatically to the card previously specified by the user at the start of each monthly period. Plans renew automatically unless the user cancels their subscription.
iNuba will not be liable for any charges that may be incurred by the user where they have not correctly cancelled the subscription or the free trial period of any of the paid plans.
This section does not apply to Corporate Clients, in their capacity as employees, or to Clinic Clients linked to the account of a company/healthcare professional, given that those users have access as Premium Clients for as long as they are linked to at least one of the two services.
- SUBSCRIPTION CANCELLATION
The user may cancel the subscription to any plan at any time.
In the case of a Free Client, cancelling the subscription will entail the deletion of their iNuba App account.
In the case of users who have chosen any of the paid plans, the cancellation of the subscription will take effect once the corresponding billing period has ended. A user on a paid plan who cancels their subscription will become a Free Client user.
If the user wishes, they may renew the subscription at any time without needing to open a new account.
This section does not apply to Corporate Clients, in their capacity as employees, or to Clinic Clients linked to the account of a company/healthcare professional, given that those users have access as Premium Clients for as long as they are linked to at least one of the two services.
- HEALTH RECOMMENDATIONS
The user uses iNuba's services at their own risk.
The iNuba App is neither a telemedicine service nor a medical service. The iNuba App is a tool offered to users to help them maintain healthy lifestyle habits and well-being and to support them throughout that process.
iNuba's recommendations, in any of its sections, are based on scientific literature, but they are not medical advice and may under no circumstances replace a medical examination or treatment.
If you are aware of any pre-existing condition, we recommend that you consult a doctor before starting the services proposed by iNuba. We also recommend that you pay attention to your body's signals, and if you feel unwell or have doubts about your state of health before starting or continuing a workout, consult a doctor.
With regard to the services relating to nutrition, you are responsible for verifying that the foods recommended as part of iNuba do not contain ingredients that may cause you food intolerance or any related problem.
Pregnant women and breastfeeding mothers must consult their doctor before starting the workouts we offer and make sure that there is no contraindication of any kind.
It is essential that you comply with the guides, instructions and/or guidelines set by iNuba, in the nutrition service, the fitness service, the entry of metrics into the App, the use of the iNubaBox, the generation of 3DMobile avatars or any iNuba feature. iNuba accepts no liability if you depart from them.
To the extent that training equipment or tools are used, it is your responsibility to ensure that such equipment and tools are in good working order and are properly installed, set up and used.
iNuba provides recommendations based on science and will under no circumstances be liable for physical or mental problems, injuries or any kind of problem arising from their use.
- iNuba LIABILITY DISCLAIMER
The iNuba App is an application whose purpose is to help the user adopt and improve healthy lifestyle habits and which allows them to track their physical activity and nutrition, providing them with a range of services that will help them improve towards their personal goals.
The iNuba App provides a range of recommendations based on the goals and objectives set by each user, taking into account the various scans and/or information provided by the user themselves. The user is therefore solely responsible for the outcome and consequences that the various recommendations made by iNuba may have.
iNuba prepares the training and nutrition plans by adapting them to the particular circumstances of each user, taking into account ailments, illnesses, injuries, intolerances and food allergies, but the user must take into account other types of factors that lie solely within their own sphere of knowledge. iNuba is not liable in the event of incorrect performance of the exercises recommended in the training plans, problems relating to nutrition where the menus and/or diets have been adapted to the parameters established by the user, or other problems that may arise where iNuba has completed the services following the indications and information provided by the user.
Likewise, the user is solely responsible for consulting a specialist or healthcare professional where necessary for the proper achievement of their health and well-being goals, as well as in those circumstances in which the user suffers from ailments.
The iNuba App is a tool that the user may use to achieve their well-being goals, but it in no way replaces the opinion of healthcare professionals, whom the user must consult at any time during their progress if they notice any discomfort. iNuba is not liable in the event that the user has not consulted the relevant healthcare professional about the advisability of performing the exercises and following the nutrition plans recommended by the App.
- LIABILITY DISCLAIMER FOR THIRD-PARTY SERVICES
The User acknowledges and accepts that iNuba will not be liable for any failure, error or harm arising from services provided by third parties or external suppliers involved in the provision of the services offered through the app. This includes, but is not limited to, problems relating to telecommunications services, internet connectivity, third-party applications, operating systems or any other platform external to iNuba.
iNuba acts as a facilitator of well-being and health services, and therefore does not guarantee the continuous availability or correct operation of services provided by external suppliers. Under no circumstances will iNuba be liable for failures in the provision of such external services, or for any direct, indirect, incidental, special or consequential damages resulting from their use.
The User accepts that any claim, complaint or dispute relating to services provided by third parties must be addressed exclusively to the relevant supplier and not to iNuba, releasing iNuba from any liability arising from the use of such services.
- PERMISSION TO ACCESS PUBLIC PROFILE DATA FROM GOOGLE OR FACEBOOK
Users are offered the option of registering in the iNuba App through a third-party network, in this case through the user's Google or Facebook accounts. To do so, they must expressly accept such access during the registration process. Where they have accepted, iNuba may access the data included in the public profile held in those accounts. This data is subject to the privacy policy of the aforementioned third parties and of iNuba.
- PERMISSION TO ACCESS DATA COLLECTED BY TOOLS SUCH AS THE GPS OF MOBILE DEVICES, THE APPLE WATCH OR THE GARMIN WATCH.
These tools provide useful data about the distance covered by the user, the time taken on the route, the average speed, the trends in their vital signs, etc. The system takes all this information into account when preparing nutrition and/or training programmes tailored to the client's possibilities and needs. A user who uses these devices may authorise iNuba to access the data stored on them, and may change the App's access permissions at any time. iNuba will use this data only to provide the contracted services, and it is subject to the privacy policy.
- Use of wearables and other external devices
We may collect personal data, including fitness and well-being data, when you use an internet-connected device such as smartwatches, heart-rate monitors, activity trackers and other wearable devices. This fitness and well-being data relates to your lifestyle, sleep habits, life events, physical activities, measurements, heart rate and similar types of data. The use of this data improves our mobile application and user interaction by providing intraday and daily data points relating to the user's activity and body metrics. This allows our proprietary algorithms to dynamically update the user's nutrition and fitness plans that we offer.
- Apple HealthKit: our users can sync our iNuba App with Apple HealthKit, which provides a central repository for health and fitness data on the iPhone and Apple Watch. Within the HealthKit settings, they can decide whether to allow our products to read and write personal data to and from HealthKit.
- Google Fit: our users can sync our iNuba App with the Google Fit SDK, which is an open platform that allows users to control their fitness data. Within the Google Fit settings, they can decide whether to allow our products to read and write personal data to and from Google Fit. The use of this data improves our mobile application and user interaction by providing intraday and daily data points relating to the user's activity and body metrics.
- UNINSTALLING AND DELETING THE iNuba ACCOUNT
Uninstalling the App does not entail the deletion of the user's data, so should the User wish to have their personal data deleted, they must exercise the right to erasure in accordance with the instructions described in section 7 of the data protection policy. The user may also consult the retention periods for their personal data in the privacy policy.
The user may request the deletion of all of their data by clicking on "Settings", "Account details", "Delete account", and then confirming the deletion of the account. After that, all of the user's data stored on our servers and databases is completely deleted and is unrecoverable.
- PERMISSION TO ACCESS ALL DATA GENERATED VIA THE APP AND ITS CONNECTION WITH iNuba CLINIC
A user with an iNuba App account may authorise iNuba to link and sync all of the historical data stored in their account with the iNuba Clinic Software of the professional the user chooses (with prior knowledge and consent for this). This will give the professional access to view and analyse the synced data, and the user may change the App's access permissions at any time. iNuba will use this data only to provide the contracted services, and it is subject to the data protection policy.
- REQUESTS FOR INFORMATION. COMPLAINTS
The user may direct any query relating to the iNuba App to the e-mail address contact or, if they prefer, may contact iNuba by telephone on +34 621 248 308.
- ONLINE DISPUTE RESOLUTION
In compliance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, the user is informed that iNuba will promote the amicable resolution of any dispute that may arise, providing below a link to the online dispute resolution platform set up by the European Commission, which consumers may use to resolve any discrepancy or dispute in relation to services provided online: https://ec.europa.eu/consumers/odr.
- AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF CONTRACT
iNuba reserves the right to adapt and change the terms and conditions set out herein. Should it do so, it will notify registered users of the changes by e-mail at least fifteen days before the new version of the General Terms comes into force. The user must expressly accept the updated general terms in order to continue using the iNuba App and the services offered through it.
- RIGHT OF WITHDRAWAL
The user is informed that, by accepting these general terms of use of the iNuba App, once they have registered and paid the fee corresponding to the user plan they wish to take, they will not be able to exercise their right of withdrawal, in accordance with the applicable consumer legislation in force.
Notwithstanding the above, the user may cancel their subscription at any time in accordance with section 10 of these terms.
- GOVERNING LAW AND JURISDICTION
These general terms are governed by the applicable Spanish and European legislation in force. In the event of a dispute with the user, the user may submit the resolution of the dispute to the competent Courts, which may be those of their place of residence, in accordance with the applicable legislation.
ANNEX 0. TERMS OF USE OF THE TELEMEDICINE SERVICE
General Terms of Use of the URL www.mediquo.com and of the mediQuo Web Widget
In compliance with the duty of information set out in article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, we inform you that the URL www.mediquo.com (hereinafter the PORTAL) is a domain owned by MEDIPREMIUM SERVICIOS MEDICOS, S.L. (hereinafter the ENTITY or mediQuo); and that, likewise, the "MEDIQUO Web Widget" (hereinafter, the APP or Web Widget) is a platform designed to provide a medical chat service, owned by the ENTITY.
These are the ENTITY's identifying and contact details:
IDENTIFYING DETAILS
- Company name: MEDIPREMIUM SERVICIOS MEDICOS, S.L
- Registered office: Calle del Milanesado, 25-27, Floor 5, Barcelona (08017)
- Companies Registry: Companies Registry of Barcelona. Volume 38340, Folio 112, Sheet B322559.
- Tax identification number
- Tax ID (NIF) B64049604
CONTACT DETAILS
You can contact mediQuo:
- By e-mail: contact
- For data protection matters:
- By e-mail: contact
- Address: c/ Consell de Cent 286, 2on 1a – 08007 Barcelona
All trademarks, trade names or distinctive signs of any kind that appear on the PORTAL and the APP are the property of the ENTITY or of third-party collaborators, and it may not be understood that the use of or access to the site and/or the services grants the user any right over the aforementioned trademarks, trade names and/or distinctive signs.
Likewise, the content published on the PORTAL and the APP, its graphic design, images, databases and source code are the intellectual property of the ENTITY or of third-party collaborators, and it may not be understood that, under this Legal Notice, any of the exploitation rights that exist or may exist over such content are assigned to the user beyond what is strictly necessary for the correct use of the PORTAL and APP and of the services provided through them.
READ THE mediQuo TERMS CAREFULLY. WE REMIND YOU THAT, IN ORDER TO USE ANY OF THE SERVICES OFFERED BY OUR PORTAL AND OUR APP, IT IS ESSENTIAL THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THEM.
TERMS AND CONDITIONS
Purpose and Acceptance
The purpose of these general terms of use (hereinafter, the Terms) is to govern the conditions of access to and use by the user of the PORTAL and the APP owned by the Entity.
User shall be understood to mean any person who accesses, browses or takes part in the services of the PORTAL or the APP, in accordance with the provisions set out below.
In order to access and use the service offered by the ENTITY, the user must have both an internet connection and the means necessary to do so.
Applicable legislation
These Terms and all relationships established between the user and mediQuo are presented in Spanish.
The Terms and, where applicable, the Particular Terms, are governed by Spanish legislation. Specifically, the following will apply:
Royal Legislative Decree 1/2007 approving the consolidated text of the General Law for the Defence of Consumers and Users (TRLGDCU).
Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE).
General Data Protection Regulation EU 2016/679 (GDPR), and its implementing legislation in force.
Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (LOPDGDD).
Description of the Services
Through the Web Widget, the user accesses the Immediate Assistance Service, a medical chat service made available by mediQuo 24 hours a day, 365 days a year to resolve health queries.
Immediate Assistance Service
The service allows users who consult the professional users to obtain mere medical guidance based on the information provided by the user. This will under no circumstances constitute a medical diagnosis, medical care or an emergency medical care service. This service is not a substitute for or a complement to professionals or medical centres, so if the user feels unwell, they must see a doctor or go to a medical centre immediately.
Accordingly, the guidance services provided by the doctors and specialists of the Web Widget service may not be suited to the user's actual state of health, owing to the lack of: information provided by the user, examination, verification or medical treatment of the user, or as a result of a misinterpretation of the communications between mediQuo and the user.
The user is solely responsible for the information they enter, which must be truthful and authentic, and for correctly interpreting the information communicated to them by the specialists in response to their queries.
Likewise, the user undertakes to comply with applicable laws and the rights of third parties when using the content and services of the Web Widget.
Contracting process
User registration and access credentials:
In order to use the Web Widget services, the user must provide, at the start of the chat, all the personal data necessary to provide the medical chat service, which will be the data requested at registration. The user may also be asked to supplement the data with other information about the patient's health.
The data requested will be strictly that necessary to provide the medical chat service more efficiently and effectively. The data entered must be truthful, accurate, correct and up to date, and the user is solely responsible, in the event of failing to comply with this obligation, for any damages that may be caused to themselves, to mediQuo or to any third party.
The user undertakes to ensure the confidentiality of their access credentials, and mediQuo is excluded from any liability that may arise from the user's incorrect or negligent use of their credentials.
Only persons with full capacity to bind themselves and to contract the services offered may use the Web Widget. Access to and use of the Web Widget is intended for persons over eighteen (18) years of age.
The user may close the chat at any time; to do so, they must log out from the Web Widget itself. Should the user not perform the log-out action, the session will remain active for 30 days. If the user wants the complete deletion of their data, they may contact mediQuo directly through the channels established in the Privacy Policy.
mediQuo reserves the right to refuse registration and to close the user's account without prior notice for any reason and at any time.
How communication with the doctors and specialists of the Immediate Assistance Service works
The user may request advice from any of the doctors or specialists listed on the Web Widget who are shown as available. (Available professionals are understood to be those who appear with the symbol on the left in green, and unavailable ones in grey).
This will under no circumstances imply the existence of an exclusivity link with the professionals. This is a service provided collectively and not individually, even though the user may have started a consultation with a particular doctor or professional.
mediQuo reserves the right to have any of the service's doctors or professionals continue any consultation or follow-up. The user's queries will always be resolved by a healthcare professional, and may be redirected to other professionals.
mediQuo makes available to the user all relevant and necessary information from its specialists' profiles: name, speciality and experience.
Once the consultation with our specialists has been made via the chat, whether newly started or resumed, the doctor or specialist will respond as soon as possible, subject to their availability.
Through the medical chat, both the user and the professional user may attach documents, images, videos, audio or any other type of file for a better understanding between the two. The user and the professional user are solely responsible for the content they include and for the statements they make through the Web Widget.
mediQuo reserves the right to delete, withdraw or modify, without prior notice, any content that breaches any of the terms of these Terms and/or of the conditions of the original mediQuo services contract that gives rise to this service.
Nature and Scope of the Immediate Assistance Service
The service offered by the App is merely informational or for guidance, so it will under no circumstances be a substitute for or a complement to a medical service provided by a professional or medical centre. It will not be equivalent to medical care or a consultation, nor will it constitute emergency medical care.
The Web Widget may include the service of prescribing medication or treatments, at the discretion of the professional providing the service, which must not contradict what has previously been prescribed by the patient's treating doctor. The use of products that do not require a prescription may be recommended, by way of guidance for the patient, and will under no circumstances be considered mandatory.
In the event of poor health or a medical emergency, the user must contact or go to the relevant public or private professionals or medical services, since the services obtained through the Web Widget cannot be considered as such or as a substitute for them.
The information provided through mediQuo's Web Widget must not be used for self-medication by users.
mediQuo cannot guarantee that all the Information or content it provides is current or accurate, owing to the constant advance and evolution of medicine. In addition, this is a service that is merely for guidance and in no way constitutes a medical-care service, without prejudice to the fact that mediQuo will use its best efforts to offer the best possible service.
The user is strictly prohibited from using any content or information accessed or obtained by virtue of the App for unlawful purposes, or for purposes that harm mediQuo, other users or the doctors, as well as for purposes expressly prohibited in these Terms.
Liability for the operation of the App and conditions of use
mediQuo will not be liable for damages of any nature arising from:
- The technical availability and continuity of the operation of the Web Widget. Notwithstanding this, it will carry out all actions necessary to restore its services in the event of a technical failure.
- Interference, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operation of this electronic system or in users' computer hardware and equipment, caused by factors beyond mediQuo's control, that prevent or delay the provision of the services or browsing on the Web Widget.
- Delays or blockages in use caused by deficiencies or overloads of the Internet or of other electronic systems, or the impossibility of providing the service or allowing access for reasons not attributable to mediQuo, due to users, third parties, or events of force majeure.
- The access to and use of the information and content obtained through the application.
- Any error or omission that may exist in the content or services.
- Any damage arising from the use of the App.
- Any action taken on the basis of the information provided therein.
- Any liability for damages of any nature that may be due to the actions of professional users in matters of clinical judgement, since the user is not seeing a doctor or attending a medical consultation for an act of medical care, but rather using an App that offers a guidance chat service that is therefore not a substitute.
- Any activity of the suppliers, or centres, professionals or specialists engaged by mediQuo to provide the services that are the subject of this contract.
In particular and without limitation, the user must not:
- Register or communicate data that is not truthful, accurate, complete and/or up to date. Thus, where the data does not reflect the current reality, they must update it in the App.
- Access the service provided by mediQuo using the name, identifying details or password of another user, or impersonate any person or entity.
- Use mediQuo's services for purposes other than personal and private use. The resale or provision of services using the information and features obtained through mediQuo is also prohibited. In particular, using the service to collect any data about other users will be understood as such.
- Use the service to communicate any information or content that is contrary to the rights of others, such as content that is defamatory, aggressive, obscene, sexually explicit, offensive, violent or inciting violence, racist or xenophobic, or generally unlawful in nature.
- Infringe the intellectual or industrial property rights of mediQuo or of third parties.
- Infringe the rights relating to personal data, privacy or protection of the image of any individual or legal entity, or the reputation of any third party, through the service provided by mediQuo.
- Send or disseminate information, code or content that may reduce, harm, disrupt or prevent the normal use of the service by any other user, or that may damage or harm the equipment or property of mediQuo or of other users, including, without limitation, malicious applications, viruses, the sending of unsolicited messages (spam), etc. mediQuo reserves the right to delete messages sent by a user in order to maintain a good quality of use of its service.
- Send solicited or unsolicited commercial communications, or any other type of advertising not authorised by mediQuo by any means (including, without limitation, by e-mail, SMS or any other means of communication), whether to third parties or to any other user of the service provided by mediQuo.
In any event, the user will be solely responsible for any damage, whether direct or indirect, that may be caused to another person by the breach of these Terms, as well as for the damage caused to mediQuo by the incorrect use of its services, by providing data that is not truthful, accurate, complete and current, and by conduct that damages, disables, overloads, impairs or prevents the normal operation of the App.
User Code of Conduct
Any communication based on respect and good manners benefits the progress of social and/or professional relationships, and consolidates the trust of the persons and groups involved.
mediQuo declares — and the user, by accepting these terms and conditions, confirms — that it is of vital importance to conduct the professional user – user interaction on the basis of mutual respect and good manners in the messages exchanged.
Every chat must, at all times and in all areas, respect the following human values: ethical and moral integrity; respect; equality; non-discrimination on grounds of sex, sexuality, origin, nationality, religion or beliefs; solidarity; tolerance; information; truthfulness and transparency; honesty; cordiality and attentiveness; confidentiality.
The user will, at all times, observe and respect the laws, regulations, codes of conduct, practices and customs, and in general any normative source of the community in which they operate.
In particular, the user undertakes not to use, in their communications, inappropriate content that breaches ethical, moral or normative principles; not to commit or allow acts of identity theft or deception; and not to misuse the service repeatedly despite the warnings received to that effect.
mediQuo reserves the right to provisionally suspend the service, or to cancel it definitively, in the event that the user, having been previously warned, does not respect this code of ethical conduct in their communications with the professional users or other users through the groups.
Intellectual and industrial property
mediQuo declares and warrants that it is the exclusive owner of, or, where applicable, holds sufficient title to, all intellectual and industrial property rights over this App, the content, graphic design and code, the written information, the graphic designs, drawings, image and sound files, photographic designs, etc., and that it is entitled to the exclusive exercise of the exploitation rights over them, in any form, and in particular the rights of reproduction, distribution, public communication and transformation.
Likewise, the trade names, logos, trademarks and in general all distinctive signs of any kind contained in this App are protected by Law. Any improper use of such elements by a person other than their legitimate owner may be prosecuted in accordance with the legislation in force.
In accordance with the legislation in force, the reproduction, distribution, marketing, copying, transformation, public communication, assignment, dissemination or any other analogous or similar action that infringes the intellectual property rights over all of the content obtained or accessed from the App is prohibited.
Likewise, the modification or deletion of any kind of any content of the App is strictly prohibited, as is the use, copying or separate distribution of the text or other content that makes it up.
The user may only make private and personal use of the App's content, and may not, under any circumstances, create links from any location accessible via the Internet or the App.
The user cannot and must not sell, rent, lease, distribute, transfer, sublicense or otherwise dispose of the rights granted under this licence or of mediQuo's content, except with the prior written authorisation of mediQuo.
The user undertakes to use this App and the Service correctly and lawfully. mediQuo rejects all liability arising from the misuse that users may make of its content.
Updating, Modification, Deletion
mediQuo reserves the right to update, modify or delete the information or content of the App, as well as the content of these Terms, as well as some or all of the services provided through it, and to add new services.
It also reserves the right to limit or not allow access to the App or to any of its content or information, whether temporarily or definitively.
Links
The purpose of the links that may appear on the App is for information only. mediQuo rejects liability for the information contained in third-party applications or websites connected by links to mediQuo's applications or websites, or that are not managed directly by mediQuo.
Use of the Software
Any software that may be available for download in order to use the App will in any case be protected by copyright. In order to install or use it, the terms of the Licence Agreement, if any, accompanying or included in the software (hereinafter, the "Licence Agreement") must first be accepted.
With respect to software that is not accompanied by a Licence Agreement, mediQuo grants the user a personal and non-transferable licence to use it, in accordance with these terms and conditions, provided that they keep intact the copyright notices and other proprietary symbols.
The copying or reproduction of the software on any other server or location for the purpose of its subsequent reproduction or redistribution is expressly prohibited.
The software is only warranted, where applicable, in accordance with the terms of the licence agreement, and any other warranty is excluded.
Security
All communications carried out by the app are conducted using the SSL (Secure Sockets Layer) protocol, signed with a certificate obtained from an authorised certification authority. mediQuo undertakes, by applying encryption and pseudonymisation techniques, to keep and store the personal data that users provide to us confidentially, guaranteeing its security and preventing access by unauthorised third parties, and it endeavours to adopt all measures necessary to guarantee the protection of the data it holds about its users, and undertakes to improve them in line with the laws in force and any technological advances that may arise. The data is stored on the server applying security measures that will be, as a minimum, the high-level measures established in the LOPDGDD for the protection of medical data.