Terms and Conditions

General terms and conditions for the use of the iNuba App

This document contains the general conditions of use of the application iNuba App owned by 3DHealthAI, S.L. (hereinafter “iNuba”) located in Polígono Industrial Los Vientos, Calle Levante S/N Náquera, Valencia, with CIF B- 40644445 and registered in the Commercial Register of Valencia, dated February 4, 2020, registration number 792/2020, volume 10794, folio 191, sheet number V-191818, 1st entry. The contact telephone number is 621 248 308, the data protection e-mail: [email protected] and the contact e-mail: [email protected], including the general conditions of the contract, as well as pre-contractual, contractual and post-contractual information, so we recommend that you read them carefully before using the application.

1. APP GENERAL INFORMATION

These General Terms and Conditions are written in English and the information contained herein will be permanently available in the corresponding section of the App, and can be consulted by the user at any time.

From iNuba we have a purpose, to help anyone to develop their physical potential, because we understand that by doing so they will feel better about themselves and their environment. From the tools described below and the data provided by the users, we provide a series of products and services that help significantly to achieve the intended objectives.

iNuba may modify, update and/or revise these general terms and conditions to adapt them to the regulations in force at any given time, informing the users of the update of the terms of use of the App and as indicated in these terms and conditions.

2. INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY

The iNuba App, as well as, by way of example and with the possibility that others may be added to those indicated herein, its programming, software, data, designs, drawings, photographs, logos, texts and/or trademarks are the property of iNuba and are protected by the intellectual and industrial property laws in force.

The term iNuba, iNuba App, iNubaBox, the iNuba logo and other logos and designs of iNuba are the exclusive trademarks and property of iNuba, and the user may not use such trademarks in any way, unless expressly authorized by iNuba.

In no event shall the downloading and use of the App entail the granting of any rights or licenses, except for the license of use indicated in point 4, with respect to any of the intellectual and/or industrial property rights owned by iNuba.

In the event that the user wishes to make use of any of the intellectual or industrial property rights belonging to iNuba, he/she may do so only with the express prior written consent of iNuba, otherwise, it will be understood that he/she is infringing the rights owned by iNuba and he/she will be liable for the legal consequences that such infringement may entail.

As a user of iNuba App, you must refrain from acts that infringe the aforementioned rights, being responsible for the consequences that may arise from an inappropriate use of the services of the application.

3. REGISTRATION OF USERS IN THE iNuba APP

3.1 User status

User status is acquired by registering with the iNuba App.

The iNuba App and the services provided through it are exclusively intended for persons aged 14 years or older, in the case of Spain, for persons aged 13 years or older in the case of the United Kingdom and, from 16 years or older for the rest of the world, in accordance with the provisions of the legislation in force. In the event that a user is under such age, he/she declares that any of his/her parents or legal guardian has reviewed and accepted these terms of use.

3.2 Registration on the iNuba App

Registration is required to access the services of iNuba App. In the registration process, the user must complete the registration form indicating his/her identification data and email address and choosing a username and password. Once the form is completed, the user must accept the privacy and protection policy, after which an email will be sent to the user’s email address to verify the account.

Once the account has been created, the user will be able to access his private area within the App and monitor his progress, being the user himself responsible for the correct custody of the password to access his area of the App. The access to the services will depend on whether the user is in free or premium mode.

4. CONDITIONS OF USE OF iNuba App

By accepting these terms and conditions, the user is granted a limited, non-exclusive, non-sublicensable, non-sublicensable and non-transferable license for his own personal use only and for the access and use of iNuba App in accordance with the provisions of these terms and conditions.

By accepting these terms and conditions, the user expressly agrees to make proper use of iNuba App, in accordance with morality, good customs, social customs and legality. You must refrain from using the App for any activity outside of those permitted.

In the event that the user misuses the App, iNuba may block and terminate your user profile and your access to it. Furthermore, should the user engage in any conduct through the App which is considered unlawful, iNuba may take legal actions:

5. PRICES AND PAYMENT METHODS

5.1 PRICES

iNuba offers both free and premium (paid) services. Specifically, the following:

Prices are indicated in Euros and include V.A.T. according to the legal rate in force at any time. The information on prices, payment methods and associated services is detailed and updated in the App itself.

The specifications of each of these services are indicated in section 8 of these conditions.

5.2 PAYMENT

Payment inApp
The payment inApp is managed by the Appstores themselves so depending on the Appstore used by the user, AppleStore, AndroidStore or other available, the payment management will be done directly by these platforms and iNuba will not process the user’s payment data at any time.

Payment via landing page
If the user registers through a landing page and not directly on the iNuba App, by completing the registration form on the landing page itself, he will be redirected to the Stripe page to manage the payment from there, having to enter his payment details, iNuba not storing these data. If desired, the user can consult Stripe’s privacy policy through the following link https://stripe.com/es/

5.3 TRIAL PERIOD

iNuba may offer the user a trial of the benefits of the various payment accounts for a certain period of time to be specified from time to time by iNuba.

In order to access the free trial of any of the payment tariffs, the user will have to register and enter his payment details, but no charge will be made to the card.

After the trial period, if the user does not cancel the trial before the end of the trial period, the user’s account will be charged for the payment tariff he/she was trying.

5.4 SUBSCRIPTION RENEWAL

In the event that the user has chosen any of the rates that involve a periodic payment, the same will be charged to the card previously indicated by the user automatically at the beginning of each monthly payment. The rates will be automatically renewed as long as the user does not cancel his subscription.

iNuba will not be liable for any charges that may be incurred by the user in the event that he/she has not properly cancelled the subscription or the free trial period of any of the paid tariffs.

  1. CANCELLATION OF SUBSCRIPTION

The user can cancel the subscription of any tariff at any time.

In the case of a Free Customer the cancellation of subscription will result in the deletion of his iNuba App account.

In the case of users who have chosen any of the paid tariffs, the cancellation of the subscription will be effective after the end of the billing period of the corresponding monthly fee. The user of any of the paid tariffs who cancels the subscription will become a Free Customer user.

  1. HEALTH RECOMMENDATIONS

The user shall use iNuba App services at his/her own risk. iNuba App is not a telemedicine service or a medical service.

iNuba App is neither a telemedicine service nor a medical service. iNuba App is a tool offered to the users to help them to maintain healthy lifestyle habits, wellness and to accompany them during this process.

The recommendations of iNuba, in any of its sections are based on scientific literature, but they are not medical advice, nor in any case can they replace a medical examination or treatment.

If you are aware of any pre-existing medical condition, we recommend that you consult a physician before starting the services proposed by iNuba. We also recommend that you pay attention to your body’s signals, and if before starting or continuing a workout you feel discomfort or doubt about your state of health, consult a doctor.

As for nutrition-related services, 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 problems.

Pregnant women and nursing mothers should consult with their doctor and make sure that there are no contraindications before starting the workouts we offer.

It is essential that you comply with the guidelines, instructions and/or guidelines set by iNuba, in the nutrition service, in the fitness service, in the introduction of metrics in the App, in the use of the iNubaBoxes, in the generation of 3D Mobile avatars or any functionality of iNuba. iNuba assumes no responsibility if you deviate 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 condition and that they are installed, configured and used properly.

iNuba gives you recommendations based on science and in no event shall iNuba be liable for any physical, mental, injury or other problems arising from their use.

  1. SERVICES OFFERED BY iNuba

In-Cab Measurements (iNubaBox)
Any user who has registered in the system can go to one of the iNubaBox booths commercially operated by the service provider to undergo a quick and complete measurement system that provides information on parameters such as fat percentage, muscle mass, temperature of the different regions of the body, etc. The iNubaBox obtains depth spectrum data from the user, which is then reconstructed by complex algorithms and allows the generation of a 3D avatar with the user’s body silhouette. In addition to the generated 3D avatar, the user will be provided with health indicators such as fat percentage, waist/hip ratio, biceps diameter … The RGB images and depth images obtained are then destroyed in the reconstruction and processing process. The technical team will only have access to the three-dimensional reconstruction in case it is necessary due to a failure or error in the system.

In order to use the booth it will be necessary to pay the fee specified in the application itself.

iNuba does not guarantee the quality of the results of the cabin measurement system for those who are taller than 210 cms.

One of the tools used by the cabin is electrical bioimpedance, which allows direct measurement of body composition and consists of a minimal electrical current. Although it is not dangerous, its use is not recommended for pregnant women, people with pacemakers and prosthetic limbs. When the user belongs to any of these groups, he/she should inform the user when filling in his/her data and the electrical bioimpedance system will be deactivated, although the cabin can still obtain very valuable metrics, although somewhat less precise than when the system is activated. In any case, it is recommended to any user and, in particular, to those who belong to these groups, that before using iNubaBox they consult their doctor and make sure that there is no contraindication, the decision to use iNubaBox is, in any case, the responsibility of the user.

In the iNubaBox, the user will be provided with simple and detailed instructions on the position to adopt for the scanning process to be successful. If the process is not successful, the user will be able to repeat the process once again without paying the corresponding fee. If an error occurs again, the user is not entitled to perform further scans without paying a new fee, unless the cause of the error is a technical failure of the system. In that case the user will be reimbursed.

The users of the iNubaBox are advised to wear tight fitting underwear and to follow the recommendations given in the tutorial during its use to ensure a correct analysis by the systems. In case of NOT following these recommendations iNuba is not responsible for the failure in the measurements, errors in measurements and bad experience in its use.

Free Customer
Free customers are those who, having registered by opening a user account, do not pay a periodic fee to receive premium services (nutrition, training, lifetracking…) within the iNuba App.

To provide nutrition and training services the service provider must have physical data of the user. If the free customer uses an iNubaBox, the results of his measurements are directly fed into the system, which integrates these data to create nutrition and training routines tailored to his conditions and needs. If the free customer does not use an iNubaBox, he will have to provide the results of his measurements to the system via the “settings” option or by synchronizing devices.

The offer available to free customers is as follows:

Access to nutrition services, but with these limitations: change of plate per meal, nutrients of each plate, recipe book, shopping basket limited to 2 days.
Access to fitness services, but with these limitations: You can only access the workout on the day planned for it, you cannot remove warm-up and cool-down, you cannot change the exercises proposed by the plan, no access to extra muscle, exercise catalog, closed routines.
Access to all 3DHuman services.
Access to all Stats services (consumption graphs, steps, kilocalories burned, trends …).
Access to Wearables connectivity and graphical reporting.

Restricted access to lifetracking, recalculation of calories based on unplanned activities, either manually or through wearables.
Premium Customer
Premium Clients are those who, by paying a periodic fee, will have the right to access the following services:

Access to all Fitness services.
Access to all Nutrition services; including the Delivery service.
Access to the complete shopping list service.
Access to all 3D Human services.
Access to the 3D Mobile service.
Access to Wearables connectivity and graphical reporting.
Access to all lifetracking and calorie recalculation services.
Access to all Stats services (consumption graphs, steps, kilocalories burned, trends…). The service provider will provide the Premium customer with a complete, personalized and updated nutrition and training plan which will take into account the data coming from the iNubaBox scan, the data entered by the user himself in the system and/or the data from the different wearables linked to iNuba.
The Premium customer must pay the monthly fee indicated in the application in advance. The service provider can update the amount of the fee at any time. The relationship between the Premium customer and the service provider is of indefinite duration, but the customer can terminate at any time and without notice, if he does so he will not have to pay the fee for the month of notice, but he will not be able to ask for the refund of part of the current month’s fee. If the customer fails to pay any fee, even if he/she has not expressly stated his/her intention to unsubscribe, iNuba reserves the right to automatically terminate the contract and stop providing the user with the services contracted.

3D avatar generation service with a mobile device.
Any user who has registered in the system can generate a 3D avatar of his or her body silhouette using his or her mobile device in the manner indicated in the tutorial instructions available in the application.

The generated avatar provides the user with relevant health indicators, although less complete and accurate than those obtained with in-booth measurements (iNubaBox).

In order to use this service it will be necessary for the user to pay the fee or to share with friends (specific in the application itself).

The 3D avatar with the user’s body silhouette is generated directly by the system’s artificial intelligence, without the iNuba technical team having to access the images of the video recorded by the user. The technical team will only access the video images in case the 3D avatar is not generated correctly, in order to verify whether or not the user has correctly followed the instructions of the tutorial. The user expressly authorizes the iNuba technical team to access the images of the recorded video for this purpose. If the user has correctly followed the tutorial instructions, they will have the choice 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 with the user’s body shape is fed directly into the system and is taken into account when providing the client with a complete, personalized and updated nutrition and/or training plan.

  1. iNuba DISCLAIMER

iNuba App is an application whose purpose is to help the user to adopt, improve healthy lifestyle habits and allows you to keep track of your physical activity and nutrition, providing a range of services that will help you to improve your personal goals.

iNuba App gives a series of recommendations based on the goals and objectives set by each user, based on the different scans and/or information provided by the user. Therefore, the user is the only responsible for the results and consequences that the different recommendations made by iNuba may have.

iNuba elaborates the training and nutrition plans adapting them to the particularities of each user taking into account ailments, diseases, injuries, food intolerances and allergies, but the user will have to take into account other factors which only reach his own sphere of knowledge, iNuba shall not be liable in case of incorrect execution of the exercises recommended in the training plans, problems related to nutrition when the menus and/or diets have been adapted to the parameters set by the user and others that may arise when iNuba has completed the services following the indications and information provided by the user.

Furthermore, the user is solely responsible for consulting with a specialist or health professional in case it is necessary for the proper achievement of their health and wellness goals, as well as in those circumstances in which the user suffers from ailments.

iNuba App is a tool that the user can use to achieve his wellness goals, but in no case replaces the opinion of health professionals to whom the user should go at any time during his evolution if he notices discomfort, iNuba not being responsible in case the user has not consulted with the corresponding health professional about the convenience of performing the exercises and following the nutrition plans recommended by the App.

  1. PERMISSION TO ACCESS PUBLIC GOOGLE OR FACEBOOK PROFILE DATA

Users are offered the possibility to register with 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 in the registration process. In case they have accepted, iNuba will be able to access the data included in the public profile they have in those accounts. This data is subject to the privacy policy of such third parties and iNuba.

  1. PERMISSION TO ACCESS DATA COLLECTED FROM TOOLS SUCH AS GPS ON MOBILE DEVICES, APPLE WATCH OR GARMIN WATCH.

These tools provide useful data on the distance traveled by the user, the time spent on the route, the average speed, the evolution of their constants, etc.. All this information is taken into account by the system when elaborating nutrition and/or training programs adjusted to the possibilities and needs of the client. The user who uses these devices can authorize iNuba to access the data stored in them, and can change the access permissions of the App at any time. These data will only be used by iNuba for the provision of the contracted services and are subject to the privacy policy.

Use of wearables and other external devices
We may collect personal data, including fitness and wellness data, when you use an Internet-connected device, such as smart watches, heart rate monitors, activity trackers and other wearable devices or wearable devices. This fitness and wellness data relates to your lifestyle, sleep habits, life events, physical activities, measurements, heart rate and similar types of data. The use of this data enhances our mobile application and user interaction by providing intraday and daily data points related to user activity and body metrics. This allows our proprietary algorithms to dynamically update the user’s nutrition and fitness plans we provide.

Apple HealthKit: our users can sync our iNuba App with Apple HealthKit, which provides a central repository for health and fitness data on iPhone and Apple Watch. Within the HealthKit settings, they can decide whether they want to allow our products to read and write personal data to and from the HealthKit.
Google Fit: our users can sync our iNuba App with the Google Fit SDK, which is an open platform that allows users to monitor their fitness data. Within the Google Fit settings, they can decide if they want to allow our products to read and write personal data to and from Google Fit. The use of this data enhances our mobile application and user interaction by providing intraday and daily data points related to user activity and body metrics.
The user can request deletion of all their data by clicking on “Settings”, “Account Details”, “Delete Account”, and then confirming the account deletion. After that, all user data stored on our servers and databases are completely deleted and unrecoverable.

However, the uninstallation of the App does not lead to the deletion of the User’s data, so in case the User wishes the deletion of his/her personal data, he/she should exercise the right of deletion in accordance with the instructions described in section 7 of the data protection policy. Thus, the user can consult the terms of conservation of his personal data in the privacy policy.

  1. REQUEST FOR INFORMATION. COMPLAINTS

You may direct any questions you may have regarding the iNuba App to the email address [email protected] or, if you prefer, you may contact iNuba by telephone at 621 248 308.

  1. ONLINE DISPUTE RESOLUTION

In compliance with the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters, the user is informed that iNuba will promote the amicable resolution of any dispute that may arise by providing below access link to the online dispute resolution platform launched by the European Commission, to which consumers may resort to resolve any discrepancy or dispute in relation to the services provided online: https://ec.europa.eu/consumer/odr.

  1. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

iNuba reserves the right to adapt and change the terms and conditions contained herein. In case it does so it will communicate to the registered users the changes by email at least fifteen days before the entry into force of the new version of the General Terms and Conditions. The user must expressly accept the updated general conditions to continue using the iNuba App and the services offered through it.

  1. RIGHT OF WITHDRAWAL

The user is informed that by accepting these general conditions of use of iNuba App, once the user has registered and paid the fee for the type of user you want, you may not exercise your right of withdrawal, in accordance with the provisions of current applicable consumer legislation.

However, the user may cancel his subscription at any time, in accordance with the provisions of paragraph 6 of these terms and conditions.

  1. APPLICABLE LAW AND JURISDICTION

The present general conditions are regulated in accordance with the current applicable Spanish and European legislation. In case of conflict with the user, the user may submit the resolution of the dispute to the competent courts, which may be those of his place of residence, in accordance with the provisions of applicable law.

Latest version: October 2022