1. Identification of the Parties
These General Contracting Conditions regulate the contracting of the services offered through Legit Health and the license of use granted. The parties involved in this contract are:
a. AI LABS GROUP, S.L. (hereinafter, Legit Health or the Owner) with NIF B95988127, and address at C / Urquijo S / N – 2ª planta (ZITEK) Bilbao Technical School of Engineering, Bilbao, Bizkaia, is the owner of the Software in the cloud named “ Legit Health ”(hereinafter, the Software or the Platform, interchangeably).
b. ‘The Client’, understood as any natural person of legal age or legal entity and complete all the steps aimed at contracting services, freely and voluntarily, including the acceptance of these General Conditions of Contract and License of Use. later, whenever they are users of the Software, they will be referred to as “Users” and if they are contractors they will be referred to as “Clients”.
Legit Health makes the email address firstname.lastname@example.org available for possible claims.
1. The purpose of this Agreement is to regulate the terms and conditions by which Legit Health will provide services to the Client and grants the Client a license to use the Legit Health Software. In any case, the ownership of the Software belongs to AI LABS GROUP, S.L., without prejudice to the license of use granted in these conditions to the Client for its use and exploitation.
2. Such license to use the Software includes:
1. The making available of the Software that the Client may use in accordance with the terms of the license included in these conditions.
2. The performance of a series of additional functions related to the operation and maintenance of the Software, such as allowing its accessibility through the Internet, storing the data that the Client incorporates into the Software, installing updates, correcting anomalies, providing support. technical, etc.
3. Description of the Hiring process
The procedure to buy products and/or services through the Website is as follows:
1. The Legit Health Service may provide the User with a free trial period of 14 days. In order to enjoy this trial period, the User must complete the registration form that you will find in the upper right-hand margin of the Website under the heading “Try it for 14 days for free”. Once the form has been filled out, the User will be sent an email to the address provided so that the email can be confirmed. From that moment, the User will have a 14-day trial of the service.
2. During the trial period, the User can upgrade her plan at any time. For this, it is necessary for the User to click on the link located in the left column of options, on the “Improve plan” button. If the plan is not improved within the 14-day trial period, it will be terminated and the account created will be eliminated, without being able to use it.
3. In the event that the User decides to contract the paid license, a new screen will open in which the improvements included in the plan will be presented, the User being able to select whether to contract the plan annually or monthly. Once you have selected it, you must click on “Improve plan”.
4. In the event that the hiring takes place without a free trial period, the user will go directly from the account creation window to the payment data entry window.
5. In the contracting window, a form will be enabled requesting the User to enter their bank details, specifically: Credit or debit card number, month and year of expiration, and name of the cardholder. After entering all the data, the User must click on the “Continue” button.
6. Finally, the User will see a message on the screen confirming the correct completion of the purchase process. You will also receive an email confirming the correct completion of the purchase process.
Legit Health will keep electronic proof of the contracting made by the User, allowing the User to consult their history of purchases made through their account. In particular, the User in the “Company” tab, “Plans” section, may at any time consult her billing history for the contracted service.
The language in which the contract can be formalized is Spanish or English.
4. Price and payment methods
The prices indicated for each product in its corresponding file do not include Value Added Tax (VAT) and, in any case, are expressed by default in Euro (€) currency. Said prices, unless expressly indicated otherwise, do not include the costs of any other additional services (understood as Premium services) and annexes to the service purchased.
The payment methods available on the Website are the following:
• Bank debit or credit card.
• Direct debit through the SEPA service.
• Receipt domiciled in US bank (in accordance with Stripe (www.stripe.com)).
The User is responsible at all times for the custody of his password, thus assuming any damages that may arise from its improper use, as well as from the transfer, disclosure, or loss of it. For these purposes, access to restricted areas and / or the use of the services and contents of the Website made under your password will be deemed to have been made by the User.
The main characteristics of the goods and / or services offered through the Website may be consulted in the descriptive file with which they are presented.
7. Duration of service and economic conditions
These General Conditions have a duration of one year from their signature and will be tacitly renewed for equal periods if none of the Parties, by means of written communication and with a minimum advance of 2 months before the expiration of the initial period of duration or any of its extensions, communicates your desire not to renew it.
If the user exceeds any of their rate limits, they will have to increase the rate.
Legit Health reserves the right to modify the rates unilaterally and at any time, without granting to said change any right of compensation on the part of the users.
In no case will payments or refunds be made.
8. Obligations of the parties
a. Legit Health Obligations
Legit Health is committed to:
1. Carry out effectively and efficiently all the procedures for the execution of the reception of the services subscribed between the parties.
2. Send the Client all the information and documentation necessary for the provision of services.
3. Comply with these obligations as well as any others that may be applicable.
4. Grant a license to use the Client in accordance with the provisions of these Conditions.
b. Obligations of the Client
By accepting these Conditions, the Client agrees to:
1. Accept and fully respect the licenses, conditions, guarantees, and other requirements of these different elements of software and hardware in order to use the services offered by Legit Health. In the event of any problem or dysfunction arising from these third-party software or hardware elements, the Customer must contact the owner of these elements directly.
2. Install, where appropriate, all updates and patches during the term of the Contract that your terminal or the Software require.
3. Accept and expressly acknowledge that the failure to install updates and patches of the browsers or systems where the Software is developed may impair the operation of the Software, leading to the impossibility of its use, and even the impossibility of its use.
4. Pay in a timely manner the corresponding amounts that have been specified in the contracting process. Failure to pay will exempt Legit Health from complying with the obligations set forth herein, and any others that it may have contracted in exchange for receiving the financial consideration for the services.
5. Respond to the veracity and authenticity of any data that has been provided to contract the selected services.
6. Assume the responsibilities derived from any of the requirements demanded by these Conditions.
7. Comply with any other obligations contained in these Conditions or in any other that may be applicable and assume any responsibility derived from their breach, leaving the Holder totally harmless.
8. Assume any responsibility derived from the use of the Platform by the Users to whom the Client gives access.
9. The Client agrees to use the services and content in Legit Health in accordance with the Law and the terms subscribed and must refrain from using them to:
1. Transmit your Username and password to unauthorized third parties, and must immediately notify the provider of access by an unauthorized User to said information.
2. Carry out illegal activities, contrary to good faith, customs, morals, or public order.
3. Carry out activities that constitute an infringement of the regulation on intellectual and industrial property or any other rule of the applicable legal system.
4. Reproduce, duplicate, sell, or exploit for commercial purposes any content of Legit Health and / or any information or data to which you may have access due to its use.
5. Use the service for commercial purposes; for example, collecting information or content to provide other services that may represent a clear competition for Legit Health.
6. Modify the Platform in any way or perform actions or use means aimed at simulating its appearance or functions
7. Carry out any action that involves the introduction of computer viruses, worms, Trojans or any other kind of malicious code intended to interrupt, destroy or limit the functionality of the platform.
8. Employ reverse engineering techniques and / or decipher, decompile or use any other system aimed at knowing the source code of the Platform or any element subject to copyright or underlying intellectual property.
10. Legit Health as data controller.
1. Legit Health is not responsible for the treatment of the data included in the Software or its Users, so it is the Client’s obligation to obtain such data correctly and in accordance with current legislation on the protection of personal data.
2. Thus, in the execution of this Contract, Legit Health may need to have access to the data that are under the responsibility of the Client. It is purely technical access, intended for the processing of ordered operations and the computer control of said operations. For these purposes, Legit will be considered in charge of the processing of the personal data to which it has access by virtue of this Contract.
3. Legit Health undertakes to keep secrecy regarding the personal data to which it accesses and to maintain absolute confidentiality and reserve regarding any data that it may learn on the occasion of the fulfillment of the Contract. This duty of secrecy and confidentiality will subsist without any time limit and will be extended by Legit Health to all the personnel of your organization authorized to access personal data.
4. The Holder has adopted technical and organizational measures according to the type of data processed, the context and purposes of these Conditions, and the risks of the treatment for the rights and freedoms of natural persons.
5. In the event that the Client requires assistance to attend to requests for the exercise of data protection rights, provided for in the applicable regulations, Legit Health will assist them with this obligation.
6. Legit Health will help the Client, upon request, to guarantee compliance with the obligations established in articles 32 to 36 of the RGPD, taking into account the nature of the treatment and the information to which they have access in the execution of the Contract.
7. Legit Health undertakes, once the contractual provision has been fulfilled, to send all the personal data collected under this contractual relationship to the Client, without keeping support or document containing any personal data. However, the Client may keep, duly blocked, those data that are necessary, as long as responsibilities may arise from their relationship with the Client.
8. The Holder will make available to the Client, at her request, all the information necessary to demonstrate compliance with her obligations, as well as to carry out the audits or inspections carried out by the person in charge or another auditor authorized by her.
11. Software use license
1. Legit Health undertakes to grant the Client a non-exclusive license to use the Platform; Through its making available on the web and without any territorial limitation; with the purpose, duration, and other limitations provided for in these Conditions and in current legislation; and conditional on the Client’s compliance with the terms provided in these Conditions.
2. The intellectual property of all the elements that make up the Software, including its source code, design, structure, technology, documentation, manuals, databases, graphical interface and other elements contained therein; as well as its improvements and updates, will be the property of Legit Health. To the extent that these elements are protected by the laws on Intellectual and Industrial Property, their reproduction, distribution, public communication and transformation beyond the limits provided in these Conditions will be prohibited.
All rights not expressly granted are reserved by Legit Health, in particular, that this license does not imply access to the source code of the Legit Health Software or its various components.
3. The Client may grant sub-licenses to the Users of the Software (specifically, users to whom the Client gives access), for the sole purpose of allowing them to use the Software, without this implying the granting of any other type of right. For this, Users must accept specific Conditions of use.
4. As a consequence, the Client is prohibited from directly or indirectly, through the intermediation of any subsidiary, affiliate, parent company, or any agent or representative:
1. Reproduce all or part of the Software and its documentation.
2. Decompile or perform any type of reverse engineering on the Software, except to the extent permitted by current legislation on intellectual property. Specifically, such reverse engineering or performance tests carried out on the Software or its source code, are subject to the terms provided by current legislation in Spain regarding Intellectual Property.
5. Legit Health will respond for the peaceful exercise of the rights granted to the Client by virtue of these Conditions, stating that it has not contracted or will contract commitments or encumbrances of any kind that violate or may violate the rights that correspond to the Client in accordance with these Conditions.
6. Legit Health may modify the Software by including improvements, the expansion and withdrawal of functionalities, updates, the introduction of modifications in its interface, and so on, which cannot be understood as a modification of the services or License of Use granted or as a custom development in favor of the Client.
7. The Software will be offered “as is” basis, according to the configuration that the Owner attributes to it at all times, without prejudice to the fact that its functionalities will respect, at least, the provisions of these Conditions; and that it can be adapted to the specific needs of the Client, in accordance with the agreements that the Parties reach.
0. The execution of the Conditions will be carried out in accordance with the contracted services and according to the technical and legal possibilities of the platforms where they will be carried out.
1. Legit Health cannot guarantee the obtaining of results that do not depend exclusively on its activity, the suitability of the Software for a specific purpose or the use or implementation of technologies, knowledge or technical means superior or newer than those initially foreseen, known aspects and accepted by the Client.
2. Legit Health will maintain access to the Software, 24 hours a day, 7 days a week and 365 days a year, through providers that guarantee a high level of security, redundancy and quality of service. However, there may be circumstances in which the Software is temporarily unavailable. The Client knows such circumstances.
3. Legit Health reserves the right to temporarily limit or interrupt use when it detects any anomaly or incident that could disturb the security of the Legit Health network or when it is essential to carry out scheduled maintenance tasks in order to avoid serious interruptions or damage. in the Software or in stored information
4. The Holder is in no case responsible for damages caused to the Client due to causes attributable to him. Solely and exclusively, Legit Health will be responsible for those damages and losses that are caused, as long as they derive from a fraudulent or negligent action of the latter.
By way of example, Legit Health is not responsible for:
1. The utility of the services that the Client has contracted since at no time is the Owner responsible for the selection made.
2. Personal or material damage caused as a result of the use of the services, as long as the recommendations specified therein had not been followed.
3. Failure to comply with their obligations due to force majeure such as, without intending to be exhaustive, internal or external strikes, natural catastrophes, social upheavals, etc.
4. Of the legality of the contents that the Client or their clients provide for their incorporation into the Software. The Client will assume any claim that Legit receives in this regard, holding it harmless from any liability.
5. On the performance and use of the Software functionalities by the Client and the Users who are given access to the Platform. The Client will respond in any case about said actions.
6. Of the interruptions of the Software due to an action or lack of action on the part of the Client. For example, for not using compatible browsers, having installed incompatible Software (security, load balancing, etc.), for having disregarded the recommendations or instructions of Legit Health, etc.
7. The Owner is exempt from all responsibility for improper access to content as a result of the registration that the Client, Users or patients make by deliberately providing false information.
8. The Client acknowledges and accepts that the Holder will not be responsible for losses or damages suffered, directly or indirectly caused by Legit Health, when they accrue from negligent or negligent actions or omissions on their part or the recommendations of Legit Health have been disregarded in regarding technical or use specifications in the manuals or any other support.
9. Legit Health will not be responsible in any case for the diagnoses, results or therapeutic treatments that the Client or its Users establish or impose on their patients or themselves during or after using the program.
10. The Owner disclaims all representations and warranties regarding the suitability of Legit Health, which is software that is shown as is and according to the functions and versions available at all times.
11. The Holder is not responsible for any damage or harm, discomfort, illness, injury or any type of ailment, whether physical, psychological or of any other nature, that patients and end-users of Legit Health may experience during the use of the same or at later times because of this use.
12. Legit Health IS NOT A MEDICAL PRODUCT FOR SELF-USE, any use of it for medical or rehabilitation purposes of any kind must be permanently supervised by specialists.
13. The Holder is exempt from all responsibility for any damages caused as a consequence of any error, interruption and those derived from the use of the service in unsafe or inappropriate environments.
14. In general, neither the Owner nor his collaborators will be liable in the event of loss of profit or consequential damage due to any issue.
15. Legit Health will in no way be responsible for the use of the software, nor for what is shared on any network or by any means through Legit Health. Nor is it if you breach any obligation or commitment of these terms or the License to Use. Use the Software responsibly.
16. Legit Health can be used for the Client to include content in the Software as well as in other networks or platforms, specifically Patient and Professional data. Legit Health is not under previous moderation of the content because it is impossible to review all the content uploaded by the Users in real-time, however, it will do everything possible to monitor the legality and compliance of this License of Use in relation to content . In this way, by virtue of the provisions of article 16 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we will not be responsible in any case for the information, images, opinions, allusions or content of any kind that you communicate, host, transmit, make available or display through the Software. Legit Health makes no representations or express warranties about any content that comes from a third party outside of Legit Health. In particular:
1. Legit Health is not responsible for the processing of Patient or User data or User publications.
2. Legit Health is not responsible for all representations and warranties regarding Legit Health’s suitability for special use. If you are not satisfied with Legit Health’s services, you can unsubscribe by sending the corresponding request, according to the system that we offer you at any time for this.
17. We do not guarantee or declare that the use by the Client does not violate the rights of third parties. In this case, the Client will be solely responsible.
18. In no case Legit Health or its Holders are responsible for the medical result, the medical advice given or the interactions made between patients and professionals.
13. Intellectual property
0. The intellectual property of all the elements that make up the Platform, including its source code, design, structure, technology, documentation, manuals, databases, graphic interface, images and other elements contained therein; As well as its improvements and updates, they will be the property of Legit Health or it has enough rights and / or authorizations for their exploitation.
1. By virtue of the eighth stipulation above, no intellectual property rights are transferred to the Client beyond those described in the previous paragraphs, nor any other exclusive property rights, especially over the Platform and the corresponding documentation.
2. Likewise, the Client is informed that she must be the owner of the rights of any content uploaded to the Platform, not being, in any case, Legit Health responsible for such actions and content.
3. Similarly, the domain name, trademarks, trade names, and in general, any distinctive sign found on the Platform is owned by Legit Health or it has the necessary licenses to use them.
Any type of damage, loss, loss or cost (including attorney and / or solicitor fees) derived from a breach by the Client of these Conditions or of any other applicable, incurred by Legit Health, must be compensated by the Client. that originated it. This includes any third party claim derived from such breaches.
These Conditions may be modified and / or updated at any time without prior notice.
The modification will only affect the Clients who have accepted them after said modification.
15. Other questions
1. Safeguarding and interpretation
If the competent authority declares any of these provisions as illegal, invalid or unenforceable, this will mean that it should be interpreted in the manner closest to the original intention of such provision. In any case, such declaration regarding one or some clauses will not prejudice the validity of the rest.
The non-demand by Legit Health of strict compliance with any of the terms of these Conditions, does not constitute and cannot be interpreted in any case as a waiver on its part to demand it in the future.
The language applicable to these Conditions is Spanish. If versions in other languages are offered, it is only as a courtesy, for the Customer’s convenience. Therefore, it expressly accepts that they are governed by their version in Spanish. In case of contradiction, the Spanish version will prevail.
3. Legislation and jurisdiction
The relationships between Legit Health and the Client will be governed by Spanish legislation and any discrepancies or conflicts surrounding these Conditions will be determined in the Courts and Tribunals of Bilbao.