INFORMATION OF YOUR INTEREST:


WARNING: Nutritional information, product data, and any other information that we may provide through our App is for reference and educational purposes only.

This Application and the information that is provided in it does not constitute in any case and under any circumstances medical advice and cannot and does not have to be considered when making any medical decision that may affect you or third parties. Please consult with your doctor, dietitian or any other competent professional in case of doubts and / or questions related to any product that our Application may have identified as suitable for You. We strongly recommend that you carefully review and read the labels of each product before consuming it.

By using this Application you agree to the terms and conditions of Use. Please read and review the agreement on the Terms and Conditions of Use carefully before using our Application.


TERMS, CONDITIONS OF USE AND PRIVACY POLICY OF THE MYHEALTH WATCHER WIZZYU APP


These General Terms and Conditions of Use and legal information (from now on, General Conditions), regulate the use of access to the mobile application or App WIZZYU of myHEALTH WATCHER (from now on Wizzyu) owned by CUBE TECHNOLOGY INNOVATION SL to through which the mobile application (hereinafter the Application) is made available to users (hereinafter User or Users).

Acceptance of these General Conditions constitutes a binding contractual relationship between you and Wizzyu.

These general conditions can be consulted at any time in the Settings section of the Wizzyu Application itself and on the website http://myhealthwatcher.es/condiciones-generales-myhw/.

Next, you have at your disposal the conditions that will govern this contractual relationship that establish the use and use of the Wizzyu App.


1. Who we are


In compliance with the general information obligation of Art. 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following identifying data of the owner of this Application are exposed:

● Company name: CUBE TECHNOLOGY INNOVATION SL

● Address: Av. Ernest Lluch, 32 08302-Mataró (Barcelona)

● Registration data in the Mercantile Registry: Mercantile Registry of Barcelona, ​​Volume 46096, Folio 44, Page 509331, Registration 1

● Tel: +34 93 853 74 34

● Contact eMail: info@myhealthwatcher.es

● CIF: B66943861


2. Definitions:


Subscriber: User who has subscribed a subscription to the services of the Wizzyu Application.

Subscription: User adhesion to a rate offer offered in the Wizzyu Application, which allows access to additional functions (not free).

Wizzyu Application: Application owned by CUBE TECHNOLOGY INNOVATION SL, the use of which is subject to these General Conditions, including subsequent updates.

User Account: account created by the Subscriber in the Wizzyu App. providing an email address and password to access and use the Services.

General Conditions or Contract: these General Conditions apply to access and use of the Wizzyu Application and its functions and other services for the Subscriber.

Services: functionalities offered in the Wizzyu Application as described in article 5 and in the Wizzyu Application, as well as the other services offered to the Subscriber.

Online Store: mobile application download platform that allows the download of the Wizzyu Application for the operating system used in the User's terminal.

Terminal: any smartphone or Tablet connected to the Internet and with an operating system compatible with the Wizzyu Application, as indicated in the Online Store, of which the User is the sole owner or has control and in which the Wizzyu Application is installed and used.

CUBE: software company that owns the myHEALTH WATCHER health promotion platform, and that has developed the Wizzyu Application, a tool that provides the Services, the details of which are indicated in these General Conditions.

User: natural person who has downloaded and uses the Wizzyu Application on his Terminal for his personal needs and those of his family members and who undertakes to respect the General Conditions.


3. Acceptance of the Terms and Conditions of Use


3.1. At the moment in which you (hereinafter also referred to as You or the User interchangeably) decide to download, install and use our Application, you fully accept and undertake to fully comply with the Terms and Conditions of Use as well as the Privacy Policy .

3.2. If the User does not accept the Terms and Conditions of Use, they will not be able to use the Application or access or enjoy the services offered by Wizzyu.

3.3. CUBE TECHNOLOGY INNOVATION SL reserves the right to modify these Terms and Conditions of Use when deemed necessary. Therefore, the User has to carefully read the Terms and Conditions of Use on each of the occasions in which he intends to access and use our Application, since these may be modified.

3.4. These Terms and Conditions of Use will be applicable exclusively to the use of the Wizzyu Application offering services through other applications or websites that will be governed in any case by their own terms and conditions of use.


4. Conditions of use of the “Wizzyu” Application


4.1. The acquisition, download, installation and use of the Application is free, except for the cost of connection through the telecommunications network provided by the access provider that the User has contracted and the cost of downloading data according to the rates applied by this operator to its users.

4.2. The User will have to have a system (hardware and software) compatible with the Application, and an Internet access that is under his / her responsibility and responsibility. The use of the Application may require periodic updates.

4.3. The User agrees not to use the Application for fraudulent purposes, as well as not to carry out any conduct that could damage the image, interests and rights of Wizzyu of third parties. Likewise, the User agrees not to perform any act in order to damage, disable or overload the Application, or to prevent, in any way, its normal use and operation.

4.4. The User is informed that in the event that he breaches the content of this Legal Notice, the Privacy Policy or any other particular terms or conditions that result or may be applicable, Wizzyu reserves the right to limit, suspend or terminate your access to the Application, adopting any technical measure that is necessary for this purpose. Likewise, Wizzyu reserves the possibility of exercising such measures in the event that it reasonably suspects that the User is violating any of the terms and conditions contained in the aforementioned instruments.

4.5. Finally, we inform the User that Wizzyu reserves, at all times, the power to decide on the continuity of the services provided through the Application, being able to interrupt them at any time and for any reason.


5. Services offered by the Application


5.1. The Wizzyu Application offers the general public detailed information on food products in order to spread healthy habits with the idea of ​​preventing, and / or controlling the causes and unwanted effects of cardiovascular diseases, diabetes, obesity, cancer, allergies, cholesterol, hypertension , food intolerances and allergies.

5.2. Wizzyu is intended to be used by the general public, without requiring any prior knowledge of health or nutrition.

5.3. The Application aims to offer support to the user so that they can choose those packaged or fresh foods, most appropriate to maintain a healthy diet, in a simple, universal and totally personalized way. Thanks to the algorithm specifically developed for Wizzyu. With a simple scan of the barcode of the desired product or also using the search engine, our application offers immediate information on the suitability of the product, taking into account the personal and particular circumstances of the user previously entered by it in the Application.

5.4. Our Application can be of great help if you are following a weight control diet, to follow a healthier lifestyle, as a prevention mechanism for pathologies originating from unbalanced diets, as well as to control allergies and intolerances.

5.5. Wizzyu does not evaluate the quality of the products, it only indicates whether it is appropriate or recommended for the user based on their own unique health profile.

5.6. The information provided in the Application is general information. In no case should it replace the consultation, the treatment, or the recommendations of your doctor or any other professional. It may be that its content is not suitable for minors or people with special sensitivity or diagnosed diseases.

5.7. The Application has been designed to provide information tools:

● On healthy habits for the general public: food, rest, physical exercise and emotional well-being.

● About food products: We inform about the characteristics and qualities of food products to promote and promote healthy habits.

For which, the user can subscribe to this service through different rates linked to the enjoyment of a certain period of time. Likewise, the application offers a free service, but limiting the use of some of the functionalities that will only be available to users with a subscription.

5.8. The Registered User ("Subscriber") is informed and acknowledges that the services of the App are offered in services and digital content, without material support, and that the execution of the contract begins at the time of subscription of the service, with the prior agreement Subscriber.

5.9. In those cases in which the User has so authorized, you may receive information and news from Wizzyu or related to healthy habits and products in general by email, SMS or other electronic means of communication (see our "Privacy Policy").

5.10. This Application does not offer diagnosis or medical advice, in case you need medical advice we recommend that you go to your usual health center.


6 Registry


6.1. For the correct activation of the Application and access to the services of Wizzyu, it is required to register as a user to obtain a user account. The user will need to provide an email address and password to complete the registration process.

6.2. In relation to the registration process, the user agrees to:

● provide true, accurate and complete data about your identity and personal circumstances relevant to the proper functioning of the Application;

● update the registration data so that they continue to be true, accurate and complete during the time in which you intend to use the Application. Wizzyu reserves, without being obliged to do so, the right to request any official information in order to verify the veracity of the personal data provided by the User.

6.3. In order to be a user of the Application and to be able to contractually be bound (become a subscriber), the User must be at least 18 years old, as well as have sufficient legal capacity to be able to sign this contract. In the case of Users under this age, it will be the parents or legal guardians who have to provide the minor's registration data for the use and processing of their data. However, Wizzyu cannot verify the accuracy of the data provided, nor will it be responsible for those minors who access the contents of Wizzyu in breach of this access condition. Wizzyu recommends that parents, representatives or legal guardians supervise or take the appropriate precautions during the browsing of minors on the Internet, as well as establish filters on the information, content or use of apps to which minors may or may not access.

6.4. The user will not be able to choose as username or password words and / or expressions that, in general, would be contrary to the law or the requirements of morality and generally accepted good customs and, in general, words and / or expressions about the which there is a right that excludes the use by the user of these. To this end, the user will not be able to select words or expressions that are rude, insulting, slanderous, identical, similar or in any way coincide with distinctive signs, company names, as well as names, surnames, artistic names and / or pseudonyms of third parties. .

6.5. If the user provides any false, inaccurate or incomplete data, or if Wizzyu has sufficient grounds to suspect that this information is false, inaccurate or incomplete, or is contrary to the law or the requirements of morality and generally accepted good customs, in In accordance with the provisions of the previous paragraph, Wizzyu will have the right to cancel the registration and deny access and use, present or future, of the Application or of any of the Contents and / or Services incorporated therein.

6.6. The user agrees to make diligent use of his access email and password, as well as to keep both secret. It will be the sole responsibility of the user to maintain the confidentiality of this data, personally assuming any activities that are carried out or that take place through the use of these. The user will not share this information with third parties, and if they do, they will be solely responsible for the misuse, acts or omissions that are made in the Application.

6.7. The user may cancel and deactivate their registration at any time using their email and password. The user acknowledges and accepts that Wizzyu reserves the right to cancel inactive registrations for an unreasonable period of time.


7. Multi-user


7.1. The Application allows you to register as many members of the same family as you want.

7.2. The organizer or main user of a family invites other members to participate, and may create the different profiles by providing the information required by the Application.

7.3. The organizer must be over 18 years of age and be the father, mother or legal guardian of any member of the family who is a minor.

7.4. When a family member leaves or is disenrolled from a family, the remaining members may no longer be able to access the former member's content.


8. Information provided by the User


8.1. The User is responsible for the veracity and accuracy of the information they provide us as well as the information they enter in the application registration forms or during the use of the same.

8.2. The data you enter will be treated confidentially. However, when you participate in sections or services of a social nature, the data you provide will be visible to other users. In this sense, if the User participates in the sections of the Application that allow it - for example by including opinions or data such as blog, questions, comments, suggestions or similar related to the content of this Application - this information will be public for all users and, consequently, will be treated as non-confidential. In this case, Wizzyu will have no obligation of any kind with respect to this information and is free to reproduce, use, disclose and distribute said information to third parties without limitations. Wizzyu is free to use any ideas, concepts, knowledge or techniques contained in the aforementioned information for any purpose including, but not limited to, the development, manufacture and commercialization of products incorporating the information. In case of not agreeing with these considerations, the User will not have to enter any type of information during the use of the Application.

8.3. In no case will Wizzyu be held responsible in the event of usurpation of the identity of a given User, who does not have the technical means to ensure, in a systematic way, the identity of the person.

8.4. To take advantage of certain functions and Services offered by the Wizzyu Application, the User can authorize the Application to access the tracking of his activity carried out on his Terminal, managing these parameters in the menu of his Terminal.


9. Use of the HEALTH COACH service


The Wizzyu application makes available to the registered User an advisory service with professionals through a call area, video call, email and exchange of messages.

The User agrees to make proper use of this service and will not use it for the following purposes:

● Insulting, insulting, harassing, threatening, or harassing any Wizzyu professional.

● Use foul, foul, or indecent language.

● Perform Spam


10. Special terms and conditions for Subscribing Users


10.1. Subscription requirements: To use the Wizzyu Subscription Service for Premium Members, you must (I) be a Registered User and (II) pay the established amount, including applicable VAT, if any, as well as any other fee or amount associated with the Subscription Services by credit card, App Stores or any other form of payment accepted by Wizzy (the "Subscription"). Depending on the payment method chosen, the purchase of a subscription may involve the provision of additional information.

10.2. Subscription type and prices: Wizzyu offers different Subscription periods, so you can choose the one that best suits your needs. The different types of Subscription and applicable prices will be available in the same Application or in the different Application Stores. All prices are subject to change at any time at Wizzyu's discretion. Any changes in prices will be announced on the Platform or in the App Stores.

10.3. Payment: Payment is made in advance for each subscription period. In other words, you can select the subscription period that best suits your needs to access the premium or subscription Services.

Once the Subscription is registered and paid, the selected validity period will be associated with your account. The User declares that he is fully authorized to use the selected payment method and that he has sufficient funds to cover the cost of the Subscription. In no case Wizzyu is responsible for the fraudulent use of a bank card or the Account Number provided by the User. Payments for the full Subscription period will have to be made immediately after billing. Payment can be made through different online payment systems. We use payment service providers (for example, Apple, Google,, stripe, or PayPal) to process payments. Although we do not store credit card information as such, we keep the number of payment ANEUs that the corresponding provider provides us and that this payment service provider can assign to a person, as well as the duration of their subscription, the price, currency, VAT (based on country information), and payment service provider.

In the event that Wizzyu is unable to collect the fees from an account designated by the user due to lack of funds, the user will have to bear the expenses derived from this, including bank commissions related to debit entries or similar charges.

10.4. Automatic renewal: The duration of the Subscription begins at the moment it begins, and will be valid for the duration chosen by the Subscriber. Once the Subscription period expires, your credit card will be automatically charged the standard subscription price valid at the time of subscription, that is, special offers do not apply in this case, and the Subscription will be renewed for the same period unless canceled before the expiration of the current Subscription. The standard subscription price is available on the Platform and App Stores.

The User can at any time stop using the Wizzyu Application, deleting the application from his Terminal.

The simple elimination of the application in your terminal does not imply in any case the cancellation of the service.

Users can check the length of the current Subscription period in the user's account information.

The user can unsubscribe at any time, and will continue to enjoy the Wizzyu service until the end of the period that has already been paid. Always in compliance with applicable regulations, payments are non-refundable and partial refunds are not provided. For which, you only have to initiate the cancellation on the Platform or in the App Store.

Subscriptions purchased through the purchase application will have to be canceled using the settings in the respective application store. In the event that another subscription system has been used, you can cancel it by e-mail to info@myhealthwatcher.es.

Likewise, the Parties may terminate the Contract in the event of breach by the other party of its obligations, after notifying it properly.

In the event of termination, for any reason, the User will have to stop using the Wizzyu Application. The provisions that have to survive the termination or cancellation of the Contract will continue to apply for the period that is applicable. Wizzyu reserves the right to modify, suspend or terminate the Service and / or the Wizzyu Application, either in its entirety or any of its component parts. Users who use the Wizzyu Application do so with full knowledge and acceptance of this power by Wizzyu with respect to contracting, thereby committing not to exercise any action against Wizzyu as a result of their occupation of such power.


11. Information on food products and associated alternatives


11.1. All information provided by the Application: is provided "on its own terms"; The information and data provided from the Application is based on the information and data previously entered by you in the system and on the filters defined by you and is provided only for general information purposes; The aforementioned information may have been reviewed by health professionals, in which case this opinion will have to be considered advocated to the best of their knowledge and belief, will be up to date at the time of publication and will be based in any case on trusted sources and scientifically proven; The information provided from the Application has been previously compiled based on the ingredient lists, nutritional information on the label or other relevant information on the product package at the time of data collection, and therefore, however it is about information provided by third parties, Wizzyu is not in a position to verify this information.

11.2. Wizzyu does not guarantee that this information is true or accurate and excludes all liability regarding the correctness, completeness, fitness for purpose or legality of this information; the information contained in the Application has been provided on the basis that all persons who use the Application take responsibility for evaluating the accuracy and relevance of their information according to their personal circumstances and that they rely on it at their own risk; The information provided by the Application is to be used only as a guide and should not be a substitute for professional, medical, nutritional or other health professional advice. Wizzyu recommends that you consult your physician or other qualified healthcare professional immediately with any questions, questions, or concerns regarding your or your family's health or dietary requirements.

11.3. All users, especially those with special dietary requirements or food sensitivities, have to make sure they are clear about the product's ingredients before consumption. Wizzyu recommends that when additional dietary information is important to you, for example because you have a specific dietary requirement, you should consult directly with the product manufacturer in case of uncertainty or consult with your physician or other qualified healthcare professional.

11.4. Product manufacturing labels change periodically. Wizzyu makes no guarantees or assumes any responsibility for the completeness or accuracy of the information or any recommendation, and is not responsible for any loss or harm to you or your family as a result of the use or reliance on the information, except as it cannot be excluded by law. The information may be updated, modified or eliminated at any time, without prior notice, for which we recommend that you carefully review and keep updated all information that may be provided to you from the application.


12. Intellectual and Industrial Property


12.1. Unless otherwise indicated, CUBE owns, controls or reserves all rights (including all copyrights, patents, trademarks, service marks), trade names and designs registered or not, in all information (excluding Composition data of indexed foods), text, material, graphics, advertisements, software code, domains, logos, drawings, documentation, data that comprise Wizzyu, computer programs, or any element that may be subject to protection by Property legislation Intellectual or Industrial, which may be accessible to users).

12.2. The user agrees and obliges not to use the content that is available on the App at any given time in any way that may constitute a violation of any rule against morals, good customs or the image and good professional name of Wizzyu, of myHEALTH WATCHER or its collaborators. CUBE is not responsible in any case for the misuse by the user of the contents of the App.

12.3. You do not have to modify, copy, reproduce, publish, frame, upload to a third party, transmit or distribute the texts and information owned by Wizzyu, in any way, except if you have been expressly authorized in writing by CUBE or by whoever granted us a license. for your use.

12.4. Any improper use of the service or its obligations by the user may, under the supervision of Wizzyu, result in the cancellation of the user's account, or suspension of the service until the incident is resolved, if applicable.

12.5. Access and use of the Application will always and in any case be done for strictly personal and non-commercial purposes.

12.6. You will indemnify and hold Wizzyu harmless from any direct, indirect or consequential loss, liability, cost or expense (including legal costs and expenses arising from any compensation) suffered or incurred by Wizzyu as a result of a claim, action, lawsuit or procedure in which it is alleged that the publication, use or visualization of any content that you upload to the Application as contemplated in these Terms, infringes the intellectual property rights of any other person.

12.7. You may not use any CUBE trademark (whether registered or not) without our prior and express authorization, which must necessarily be in writing in any case.

12.8. All rights to the name myHEALTH WATCHER, Wizzyu, or any other related to the Application are owned by CUBE.

12.9. Any product, design, image, brand or trade name mentioned, outlined or written in the Application, other than those owned by Wizzyu, belong to their legitimate owners and their appearance, mention and / or graphic representation in this application is included only for the purposes of identifying the products and to offer better information to the user.

12.10. Unless otherwise indicated, you are authorized to download and view any content, and use the software that comprises the Application for your personal and non-commercial use, provided that you keep intact all intellectual property rights and any other rights related to the Application. and / or with CUBE.

12.11. Except for the prior and express written consent of CUBE, in each case, you are not authorized to use or exploit the Application for commercial purposes, or any other property of CUBE. It is prohibited to carry out activities that involve the commercial use of this Application, either partially or totally.

12.12. It is totally prohibited, except for the express and prior written authorization of CUBE or any other relevant rights holder in each case, to copy, transmit, reproduce, republish, store (in any medium), transmit, broadcast, distribute or show in public, adapt or change in any way, the content owned by Wizzyu as defined in these terms of use, or create a derivative work of the Application for any other purpose.

12.13. The downloaded materials, including any software, program code, files and / or images embedded in or generated by the application, and the accompanying data in the software (collectively, the "Software") are licensed from CUBE. Copying, selling, distributing, decoding, reverse engineering, or treating the Wizzyu Software in any other way is expressly prohibited.

12.14. Wizzyu's use of a third-party brand on the App does not imply or imply any association or endorsement by Wizzyu of this brand.


13. Links Policy ("Links")


13.1. In order to help you find additional information, we have included several technical linking devices that allow the User to access other websites (hereinafter, the "Linked Sites"). In these cases, Wizzyu acts as a mere intermediary. Wizzyu will not be responsible for the services and content provided through the Linked Sites, unless it has effective knowledge of the illegality and has not deactivated the link with due diligence. In no case does the existence of Linked Sites imply recommendation, promotion, identification or compliance by Wizzyu with the statements, content or services provided through the Linked Sites.

13.2. Consequently, Wizzyu is not responsible for the content of the Linked Sites, nor for their conditions of use and privacy policies, the User feels solely responsible for checking and accepting them each time they access and use them. In particular, Wizzyu informs the User of the following: (I) Wizzyu offers solely and exclusively information provided by the owners of the Linked Sites and, (II) Wizzyu is not responsible for the accuracy or veracity of the information provided in the Linked Sites. . In the event that the User considers that there are illegal, harmful, degrading, violent or inappropriate content in the Linked Sites, he / she may inform Wizzyu through the following email address: info@myhealthwatcher.es.

However, this communication in no case will entail the obligation of Wizzyu to withdraw the corresponding link, nor does it necessarily imply the effective knowledge of Wizzyu of the request for the contents of the Linked Site, for the purposes of that provided for in current regulations.


14. Communication of illegal and inappropriate activities


14.1. In the event that the User or any other user of the Application had knowledge that any kind of information or content of the Application or facility through it are illegal, harmful to the rights of third parties, contrary to what is established in these Conditions and Termas de Uso or, in any other way, harmful or contrary to morals, uses and customs, you can contact Wizzyu at the address info@myhealthwatcher.es indicating the following points:

● Personal data of the complaining User: name, address, telephone number and email address.

● Description of the facts that reveal the illegal or inappropriate nature of the content or information, as well as the specific address where it is available.

● In the event of violation of the rights of third parties, such as intellectual and industrial property, the data of the owner of the infringed right must be provided when they are a person other than the complainant.

● Likewise, you will have to provide the title that proves the ownership of the violated rights and, if applicable, the representation to act on behalf of the owner when it is a person other than the complainant.

14.2. The receipt by Wizzyu of the communication provided for in this clause will not imply the effective knowledge of the activities and / or contents indicated by the communication when this is not noticeable or evident. In any case, Wizzyu reserves the right to suspend or withdraw the contents that it does not yet feel are illegal, are contrary to the rules established in the Conditions and Terms of Use, weighing in each case the legal rights in conflict.


15. Warranties and Liability of Wizzyu


15.1. Wizzyu has taken reasonable steps to ensure that the information contained in this Application is reliable, however, by using this Application, you accept the information, products, and services provided "as such." Wizzyu makes no express or implied warranties regarding the precision, content, accuracy, reliability, operability or legality of the information contained in this Application, including, but not limited to, the warranties of merchantability, fitness for particular purposes, and regarding property rights.

15.2. Unless the Law expressly determines the contrary, or express indication to the contrary, the user expressly acknowledges and accepts that Wizzyu does not grant any guarantee of any nature, either express or implicit, on the Application, or the Contents and Services that are incorporated in it. , including, without limitation and not limited to:

    a) The availability and continuity of the operation of the Application and, in particular, although not exclusively, that users can effectively use the Application, the Contents and the Services, access the different functions of the Application from which they are provided services.

    b) The levels of quality, interoperability and functionality of the Application, as well as of the Services and / or Contents that it incorporates.

    c) The interruption, suspension or cancellation of access to the Application and the Contents and / or Services that it incorporates.

    d) The suitability for a particular purpose of the Application and the Services or Contents incorporated in it.

    e) The certainty, integrity, accuracy and / or updating of the Contents, Services, products, texts, graphics, links or any other elements incorporated in the Application or provided from it, as well as the results that could be obtained from the access and / or use of this Application or its contents.

    f) Wizzyu expressly declines any responsibility for errors or omissions in the information contained in the Application or provided from it, as well as for the lack of veracity, accuracy, completeness, relevance and / or timeliness of the Contents.

    g) Unauthorized access and alteration of the data stored and transmitted through the Application or the services offered on this subject.

    h) The absence of viruses or other elements in the content that may cause alterations in your computer system (software and hardware) or in electronic documents and files stored in your computer system.

15.3. The user is aware, and voluntarily accepts, that the use of the Application, the Services and the Contents takes place, in any case, under his responsibility, for which he will adopt all those measures that are necessary in order to minimize the risks , including the adoption of the necessary security measures to guarantee antivirus and data recovery procedures. Thus, unless the law expressly imposes the contrary and exclusively to the extent and extent that it imposes it, Wizzyu does not guarantee or assume any responsibility regarding the access and use of the Application or the Contents and / or Services that are contained in it. incorporate.


16. Waivers, Liability and Indemnification


16.1. When you download, install and use the Application and its content, you do so at your own risk. You are responsible for the consequences of using Wizzyu, including where you upload and share content.

16.2. CUBE, its affiliates, or their respective employees, agents, third-party content providers, or licensors make any express or implied warranties, or will be liable, by contract, wrong (including negligence) or otherwise, for any direct loss. , or indirect, special or consequential, damages or dependency in connection with the Application, its use, its content or any product or service referred to within it. This includes (but is not limited to) loss or harm you may suffer as a result of any of the following:

    a) Your confidence in the completeness, accuracy, suitability or validity of any content incorporated or provided in or by Wizzyu.

    b) Failure or delay in operation, corruption, operation, interruption or transmission through Wizzyu, a computer virus or other harmful component, data loss, communication line failures, illegal conduct of a third party, theft, destruction, alteration or unauthorized access to the records.

    c) Any data use, roaming or other charges that you incur when accessing the Internet through your mobile device or other device.

    d) Access third party websites, servers or applications (including, but not limited to, Twitter and Facebook) through Wizzyu. Wizzyu does not accept responsibility for the content or operation of third party websites, applications or services. Unless otherwise stated, Wizzyu does not endorse third party websites, applications or services accessible through the Application. Use of third party websites, applications or services is at your own risk.

    e) Defamatory, threatening, offensive or illegal conduct of third parties.

16.3. The information provided by the Application is provided "on its own terms", and without warranties of any kind, either express or implied. The express terms contained in this document shall apply in lieu of all warranties, conditions, terms, statements, commitments and obligations whether express or implied by law, common law, custom, use or of any other kind, all of which are excluded. to the maximum extent permitted by law. No verbal or written information or advice provided by myHealth Watcher through its Wizzyu app, its agents or authorized representatives shall constitute a guarantee or in any way increase the scope of this guarantee.

16.4. CUBE is not liable to any other party or third party for any loss or wrong, including direct, consequential, direct or indirect loss or wrong, including loss of profits (whether direct, indirect, incidental or indirect) as a result of the breach of these Terms by Wizzyu or its own negligence or that of its representatives and / or workers.

16.5. The user is aware, and voluntarily accepts, that the use of the Service takes place, in any case, under his sole and exclusive responsibility, for which he will be liable for damages of any kind that Wizzyu may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these General Conditions, Privacy Policy or the applicable legislation in relation to the use of the Service.

16.6. It is part of these Terms that restricts the rights that you as a consumer user may have recognized by law.


17. Specific Disclaimer Regarding Medical and Health Information


17.1. The Wizzyu App and the services offered through it or by any other means are not substitutes and do not provide medical advice. The Application and the information contained therein are provided for personal education, information, convenience and entertainment purposes only and are not to be used for the direction of individual patient care unless explicitly specified otherwise.

17.2. The Wizzyu App is not intended in any way for medical purposes, and is not intended under any circumstances to replace a medical examination or professional medical advice, medical opinion, diagnosis or treatment, symptom evaluation, health advice or medical opinion for end users. .

17.3. The Wizzyu App is limited to providing end users with access only to health information related to healthy habits and other information stored by such end users. If necessary, always remember to seek advice from duly qualified and regulated health professionals. Reliance on any information provided by Wizzyu and its content will always be at your own risk, you assume full responsibility for the use of the information that may be provided.


18. Data Protection Policy


18.1. The data you provide when you access our Wizzyu Application and the information you share when you use our services will be collected by Wizzyu for the purposes and effects of being able to offer you a personalized experience tailored to your personal characteristics.

18.2. The aspects related to the treatment of the personal data of the Users due to the use of the Wizzyu Application are regulated in the Privacy Policy, as well as in the legal texts attached to the various data collection forms, which are an integral part of these Conditions and Terms of Use.

18.3. Protecting your health information is important to Wizzyu who has no plans to market or share your identifiable Health Information with third parties. Only in the case of the provision of HEALTH COACH services, your data may be transferred to entities in charge, together with Wizzyu of myHEALTH WATCHER, of the provision of this service and with which we maintain this collaborative relationship.

The Privacy Policy describes certain limits to what Wizzyu can do with your identifiable data and the ownership of this data.

18.4. In essence, Wizzyu may use your data in a particular way in order to help improve the user experience, provide aggregated community statistics, and add online features to extend the usability and depth of its offering. The data you upload continues to be your data, subject to the exceptions described in the Privacy Policy.

18.5 We also inform you that CUBE TECHNOLOGY INNOVATION SL is the Responsible for the processing of the personal data of the Interested Party and informs them that this data will be treated in accordance with the provisions of the regulations in force on personal data protection, Regulation (EU) 2016 / 679 of April 27, 2016 (GDPR) and Organic Law 3/2018, of December 5 (LOPDGDD). The purpose of the processing of your data is due to the provision of technological and health services of the application. The treatment of the personal data of the interested party is based on their consent and on the contractual relationship established between the parties for the provision of services. The personal data will be kept for the duration of the established relationship and once it has ended, they will be kept duly blocked based on the legal retention periods determined by the regulations. Subsequently, they will be deleted with adequate security measures to guarantee the pseudonymisation of the data or the total destruction of the same. Your personal data will not be transferred to third parties, except in cases of legal obligation, vital interest, service provision or prior consent of the interested party. In certain cases, we will provide the data of the interested party to external professionals for specific treatments and that are necessary for the assistance and the proper development of the requested services. Finally, they may be provided to providers linked to the Responsible who act as Treatment Managers. You have the following rights of: access, rectification, portability and deletion of your data and the limitation or opposition to its treatment, as well as the right to file a claim with the Control Authority www.aepd.es if you consider that the treatment is not conforms to current regulations. Contact information to exercise your rights: CUBE TECHNOLOGY INNOVATION SL TECNOCAMPUS, Avd. Ernest Lluch, 32 TCM2- 08302 MATARO (Barcelona). E-mail: info@thecubeweb.com The interested party is obliged to provide the personal data necessary to be able to provide the services, if they are not provided, the requested services will not be able to be performed.


19. Validity of the General Conditions and their modification


19.1. These terms and conditions constitute a complete agreement between the company and the user, and the current version at any time replaces any previous one. We remind you that it is your responsibility to read and fully understand the terms and conditions in force at all times and to check and review any modifications that may occur.

19.2. Wizzyu reserves the right to modify, at any time, and without prior notice, these General Conditions. In the event that any of the provisions contained in these Conditions and Terms of Use is declared void, it will be withdrawn or replaced. In any case, this declaration of nullity will not affect the validity of the rest of the provisions contained in these Conditions and Terms of Use.

In case of making any changes to the Conditions, these will be published in the Application and the date of their publication will be indicated, in order to distinguish between the most recent Conditions of use and the oldest Conditions of use. In any case, you will receive a notification through electronic means about the update of the Wizzyu Terms of Use prior to its publication in the App.

Once you receive the relevant notification about the modification of the Terms and Conditions, you may terminate your contract prior to the date on which the new Terms and Conditions come into force or you may choose to continue your access and use of the App.

19.3. The legal relationship derived from the use of the Application developed by CUBE, as well as the Contents and Services incorporated in it, has an indefinite duration. Likewise, any of the parties may terminate or suspend this contractual relationship unilaterally at any time and without any cause other than their will in this regard.

19.4. Notwithstanding the foregoing, this relationship will be terminated immediately when Wizzyu publishes new General Conditions. Access and use of the Application developed by CUBE will imply full adherence and acceptance of the new conditions and, consequently, the beginning of a new legal relationship.

19.5. These terms and conditions have been written in Spanish and this version will prevail over any other version in another language in case of discrepancy or divergence between them.


20. Applicable law and competent jurisdiction


20.1. The General Conditions will be governed and interpreted by current Spanish law.

20.2. This version of Wizzyu has been developed in accordance with Spanish legislation and for use in the rest of the world.

20.3. Unless otherwise provided by legal imperative, for the interpretation or execution of the provisions contained in the General Conditions, the parties submit to the Courts and Tribunals of the city of Barcelona (Spain), expressly waiving any jurisdiction that may correspond to them. in case this one was different.

20.4. Likewise, the user may amicably resolve incidents that may occur during the contractual relationship through the Platform promoted by the European Commission https://webgate.ec.europa.eu/odr/main/index.cfm? event = main.home.show & lng = es.

20.5. CUBE does not guarantee that the version of the application that you have downloaded complies with the laws of any country other than Spain. If you access and use Wizzyu from outside Spain, you do so at your own risk and responsibility, accepting the responsibility of guaranteeing or confirming compliance with all applicable laws as a result of the use of Wizzyu or of any transaction or later deal with her.


21. System requirements


21.1. To be able to use Wizzyu under the proper conditions and with all the features, the following system requirements are required:

● Apple mobile devices with iOS 10 or later operating system.

● Android mobile devices with Android 10 or later operating system.

21.2. Note that in any case it is required that the device (smartphone) has to have a camera with autofocus. If your device does not have an autofocus camera, it is possible that Wizzyu is not compatible with this device, since without autofocus the barcode images may be blurry and the Application may have problems identifying them correctly.

21.3. You will also need Internet connectivity (3G, 4G, 5G or Wi-Fi) to download Wizzyu and access information related to the services offered by Wizzyu. Check with your Internet / mobile service provider for more information regarding data download fees and charges related to Internet use.

These General Terms and Conditions of Use of the Application have been revised on 26/02/2021.

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