Legal Notice & General Conditions

The following general contracting conditions have been updated in accordance with the guidelines of the new General Data Protection Regulation (Regulation UE 2016/679 of April 27, 2016)

1. OWNER OF THE PORTAL

LOVEXAIR FOUNDATION (hereinafter, Entity) is the owner of the LOVEXAIR portal and the HAPPYAIR platform (hereinafter, Portal and Platform). Its registered office is at Paseo de las Delicias, 30, Madrid, 28045 and its CIF is G72194210. The Entity is registered in the Registry of Foundations of the Ministry of Health, Social Policy and Equality with registration number 11-0288.

You can contact the owner through the following means:

Tel: +34 956 537 186

Email: fundacion@lovexair.com

NOTE: The name (s) of domain (s) through which you have accessed the Platform is (are) owned by said entity. Said name (s) of domain (s) may not be used in connection with other content, products and / or services that are not owned by the entityor in a manner that could cause confusion among the end users or discredit  the owner.

The purpose of these General Conditions is to regulate the relationship between the Entity, its Happyair portal and HappyAir Platform and you (hereinafter, the “User”), regarding the provision of the following services (hereinafter the Services) which may be all or some of the following:

• Be a trusted custodian of your Personal Health Information in a secure environment.

Counseling and support, online, by telephone or in person, of chronic respiratory patients, based on a specific care plan.

• Sending information related to the treatment and care of your illness.

• Dissemination, information and invitation to events, activities and training related to comprehensive care or therapies on active and healthy life.

• Dissemination, information, and invitation to participate in clinical studies, surveys, and research and development.

• Application of analytical techniques that contribute to innovate and improve the quality of service provision and knowledge about diseases, their treatments and comprehensive care.

The full description of the services included in the Care Plans, as well as their economic conditions, additional requirements and geographical availability, are available on the HappyAir platform. Care Plans may be consulted and selected by the User before the end of the contracting process.

2. DESCRIPTION OF THE SERVICE

The HappyAir digital platform provides a series of resources to organizations and medical professionals or therapists to improve the remote care management of their patients, by monitoring them in a safe and reliable environment.

For professionals, HappyAir represents an affordable digital space easily accessible from any mobile device or PC.

Any clinical organization, health center, association of patients, health professionals with their own consultation, pharmacies, educators and trained health professionals can monitor their patient community, guide them in their care program and include that relevant information in their digital health record.

In addition, these professionals can share information and educational material directly with the patient and communicate safely through the digital platform. Likewise, it allows a multidisciplinary approach in the management of the chronic patient in comprehensive care, since it makes it possible to manage sessions with other professionals such as psychologists or other therapists, as long as the patient consents and agrees with the corresponding professional or organization.

HappyAir aims to be a useful tool for the patient, providing services that provide present and ongoing support necessary to achieve growth, confidence and learning with clinical support.

HappyAir promotes patient empowerment , giving access to digital resources that facilitate the process of communication and interaction with the therapists, doctors and / or pharmacists who accompany him/her connected via the platform. Through this platform the patient can follow a comprehensive care plan , to improve self-care of their chronic disease, adopt habits that help in the treatment of their disease, follow a personalized plan and undertake an active life adapted to their health status, enabled to follow their own progress during the  duration of their contract.

In addition, the patient can share information with their healthcare professionals or therapists from any location and this in turn can be incorporate into the patient’s digital health record, to later offer information about their health status, their care program including physical activity and even manage personal improvement goals .

3. PROCESS OF CONTRACTING THE SERVICE AND USE OF THE PLATFORM

To use the Service, the User must request to register with the entity as an Organization or Individual and according to the user profile (organization, patient, care-giver,health professional, educator, etc.) that corresponds to him / her according to the contract between the Entity and the User.

The registration in one of the Care Plans (HappyAir) will be made with the service and payment conditions agreed between the Entity and the User. In some cases, it will include the option of a demo period to test the service, according to the conditions agreed between the user and the Entity.

The hiring and user conditions, consists of three phases that are detailed below:

a) User Registration, with the contribution of their personal contact data.

The User will be responsible for providing truthful and lawful information.

As a result of the registration, the User will be given a password. The User undertakes to make diligent use and to keep the password secret in order to access the Services.

The user is responsible for the proper custody and confidentiality of any identifiers and / or passwords that are provided by Lovexair and agree not to assign their use to third parties.

It will be the responsibility of the User to use the HappyAir Platform, by any illegitimate third party that uses a password for this purpose due to a non-diligent use or loss of it by the User

The User is obliged to immediately notify the Entity of any fact that allows the improper use of the identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to its immediate cancellation. While such events are not reported, Lovexair will be exempt from any liability that may arise from the improper use of identifiers and / or passwords by unauthorized third parties.

b) Acceptance and express consent of the User, in the manner specified in section 4 of these Terms of Use. The consent will be provided through the corresponding fields in the form and with the necessary guarantees about the information and privacy as required by Regulation (EU) 2016/679, General Data Protection Regulation and other applicable regulations.

The User must consent to these General Contracting Conditions and the Privacy Policy.

The User must correctly complete the registration form, with his/her full name and two last names, the postal and electronic address, as well as the necessary bank details for the collection of the monthly registration fee.

c) Making the payment agreed between the Entity and the User, in the manner specified in section 5 of these Terms of Use. Said payment shall be deemed to have been made when it has been verified by the bank, within a period not exceeding one month.

In the event that the User wishes to modify any data entered in the registration form or has made an error when sending the data, he / she may access or modify that data, in the corresponding section of the Website (through the Settings tab or by contacting your assigned administrator) at any time

4. ACCEPTANCE OF THE SERVICE

In accordance with Regulation (EU) 2016/679, General Data Protection Regulation, the User must express his / her consent to use the unambiguous, free, specific and informed Service by completing the subscription form.

Users interested in contracting the Service should contact the Entity by phone or by filling in the contact form available in the session “Join the HappyAir program”. In this contact, the Entity will provide them with more information about the available Care Plans, will evaluate the possibility of using the Service and will indicate the most appropriate Care Plan, according to their needs.

The User who decides to contract the Service must access the Portal, select the Care Plan and the payment method or demo period and proceed with the hiring and, if applicable, make the payment according to the conditions agreed upon as Individual or Organization, through the form or contact channel, enabled for that purpose.

In the case of Contracting Users of specific services provided by an Organization or Healthcare Professional, the consent of the patient will be given in the manner decided by the Healthcare Organization or Professional contracting the service. Notwithstanding the foregoing, Lovexair may also collect the patient’s signed consent at the start of the service, in order to ensure that the patient has all the information about our services and policies.

Once the payment has been processed by the Entity, the User will receive an email confirming subscription to the Care Plan and, subsequently, instructions on how to access the platform, as well as the credentials to access it and / or instructions on how to access it. participate in the platform according to their profile: organization, health professional, educator, patient or caregiver etc.

5. ECONOMIC CONDITIONS

The User wishing to contract the Service must pay the corresponding fee for the selected Care Plan through any of the means of payment available on the Portal or by bank transfer agreed with the Entity and the agreed contract terms

Fees & Service Costs

The fees for the subscription or services provided for the use of the platform are those provided in the Portal at the time of contracting or agreed with the Entity by the Organization or Professional.

The minimum recommended contract is 6 months to meet the needs of the clinical protocol and ensure optimal follow-up of the patient in adherence and/ or quality of life. In case of contracting the Service for longer periods of duration, the discounts indicated, if they exist, as shown in the Portal will apply.

The applicable price in each case will be that accepted by the User at the time of confirming the contract, according to the specific subscription offer or contract terms with which he / she accesses or is informed about by the Entity.

However, the Entity reserves the right to modify the value of the fees or service costs, with the sole obligation to communicate it in advance to the Users subscribed to the platform 90 days before the modification, during which the Users may express, in writing , his/her rejection of the notified modification, which will imply the termination of the provision of the Services. After the period of 90 days without the Users having expressed anything to the contrary, the new economic  terms &conditions will take effect.

Notwithstanding the aforesaid, if another term has been agreed upon in the service provision contract, the latter shall apply.

Forms of Payment

The payment methods of the Service will be those indicated at any moment in the Portal.

Payments will be monthly, semi-annual or annual and will be made in advance, the charges being made, at the time of contracting and in subsequent months, according to the subscription plan contracted. In case of breach of the payment obligation or suspected fraud, the Entity reserves the right to suspend the provision of the Service until such situation is resolved.

When using a credit or debit card for payment purposes, the User declares that he is authorized to make such payment and that he is the owner of the card in question. In case it is not the holder of the same, it will indicate the data of the owner who authorizes its use for this purpose.

Non-compliance with the payment obligation

If the non-compliant user of the payment is an Organization or Healthcare Professional, the User-Organization and all its subscribers will be terminated after one month from the date of its demand. In any case, before proceeding to the withdrawal, 2 notices will be given to the Organization urging to proceed with the payment. The amount previously paid will not be refunded.

If the non-compliant user of the payment is a patient or legal guardian, the User-Individual will be removed from the service. In any case, before proceeding to any legal recourse,  1 notice wil be given to the User-Individual urging to proceed with the payment. The amount previously paid will not be refunded.

Notwithstanding the aforesaid, if another procedure has been agreed upon in the service provision contract, the latter shall apply.

Renovations

Subscriptions or monthly, semi-annual or annual service costs will be automatically renewed upon expiration by a subscription for the same period and amount, according to the current quota or the costs of services contracted.

In the event that the User is an organization, the latter may reserve the right not to renew the service without a renewed agreement for the consecutive year.

In the event that the User does not wish to renew their subscription, they must contact the Entity, by sending an email to fundacion@lovexair.com or by phone +34 956 537 186, at least 10 days before the expiration of the same.

6. CANCELLATION OF THE SERVICE BY THE USER

The User-Individual may cancel the Service, and must notify it in writing with a minimum period of one month. Said cancellation will not imply, in any case, the reimbursement of the amounts paid by the User as fees for subscription to the Service.

To request the cancellation of the Service, the User must communicate it in writing to the Customer Service Department, through these two channels:

E-mail: Sending an e-mail to fundacion@lovexair.com, indicating in the subject “Right of Withdrawal”.

Postal Mail: Sending a letter to the Lovexair Foundation, Paseo de las Delicias, 30, Madrid, 28045, indicating in the subject “Right of Withdrawal”.

The User-Organization may cancel the Service according to the conditions stipulated in the contract.

7. RESPONSIBILITY

The Entity declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Portal and Platform and to avoid the existence and / or transmission of viruses and other harmful components to Users.

The Entity makes the maximum efforts to avoid errors in the contents that are published in the Portal. The Entity is not responsible for the consequences that may arise from errors in the contents, which may appear on the Portal or platform, when they are provided by third parties and the Entity has not been aware of such errors.

The Entity is not responsible for the decisions of Users based on the information provided through the Portal and Platform. Any information published on the Portal must be understood as made exclusively for general purposes and it does not substitute nor does it intend to substitute professional medical advice. The User should consult his / her doctor and / or rehabilitation physiotherapist to orient himself / herself on the care plan that best adapts to their personal circumstances and health status.

In particular, to the maximum extent permitted by the applicable legislation, the Entity does not guarantee or be responsible for:

The continuity of the contents of the Portal and Platform and / or the lack of availability or accessibility of the Portal or its technical continuity;

The existence of interruptions or errors in the access to the Portal or platform, as well as technical problems or failures that occur during the connection to the Internet;

The absence of errors or inaccuracies in the contents, services or products;

The absence of viruses and other harmful components in the Portal or platform or in the server that supplies it;

The invulnerability of the Portal and platform and / or the impregnability of the security measures adopted in it;

The reliability and / or suitability, for a particular purpose or purpose, of the Portal and platform, of the products or services incorporated in it, and of the information published and / or provided in relation to said products or services;

In your case, the lack of usefulness, benefit or performance of the contents or services of the Portal and platform;

Damages or losses caused to itself or to a third party, any person that violates the conditions, rules and instructions that the Entity establishes in the Portal or platform or through the violation of its security systems;

Any other damages that may be caused by reasons inherent to the non-functioning or defective functioning of the Portal or platform or of the websites to which, where appropriate, links have been established.

To the maximum extent permitted by the applicable legislation, the Entity will not be responsible for the loss of profits, income, data, financial losses or for indirect, special, derivative, exemplary or punitive damages. In any case, the total liability of the Entity for any claim made under these conditions, included by any implied warranty, is limited to the amount that the User has paid for the use and access of the Portal and platform. In no case shall the Entity be liable for any loss or damage that is not reasonably foreseeable.

In any case, the access, navigation and use of the Portal and platform and, where appropriate, the use or contracting of the products or services that are offered through it is done under the sole and exclusive responsibility of the User, so that he undertakes to diligently and faithfully observe any additional instruction, given by the Entity or by authorized personnel of the Entity, regarding the use of the Portal or platform and its contents.

Therefore, the User agrees to use the contents, products and services diligently, correctly and lawfully, in accordance with current legislation and, in particular, agrees to abstain from:

Use them for purposes or effects contrary to the law, morality, generally accepted good practices or public order and instructions received from the Entity.

Use them for purposes that are harmful to the legitimate rights of third parties.

Use the contents and products and, in particular, the information of any kind obtained through the Portal and platform or the services, to send advertising, communications for the purpose of direct sales or with any other kind of commercial purpose, messages not requested addressed to a plurality of people regardless of their purpose, as well as abstaining from marketing or disclosing in any way said information, except when the Entity authorizes it previously and expressly.

Failure to comply with any of these Conditions may result in the withdrawal or cancellation of the Services, without prior notice to the User and without giving any right to compensation, in addition to the corresponding legal action for the misuse of resources and the information or data linked and in your possession.

8. PROHIBITIONS AND RESTRICTIONS

Any communication or transmission of content that infringes the rights of third parties and / or whose content is threatening, obscene, defamatory, pornographic, xenophobic, harmful to the dignity of the person or the rights of children, current legislation or any conduct is prohibited. that incites or constitutes the realization of a criminal offense.

Likewise, the inclusion and communication of contents by Users that are false or inaccurate and that induce or may mislead the rest of Users or the staff of the Entity, in particular the contents that are protected by any rights of intellectual, industrial, image or similar nature, belonging to third parties, when this gives rise to a violation of the current legislation, do not have the authorization of the owner of the rights, undermine or discredit the fame or credit of the Entity, are considered as an illicit, deceitful or disloyal advertising assumption and / or incorporate viruses or any other electronic element that could damage or prevent the functioning of the Portal, the network, the Entity’s computer equipment or third parties and / or the Access to the Portal by other users

If the User violates the previous prohibitions / restrictions, or the Entity has or has reasonable grounds to suspect that a User has breached any of them, the Entity reserves the right to suspend or cancel the User’s account and deny any access and use, current or future, of the products, services and / or Portal (or any part thereof, in addition to the corresponding legal action if appropriate.

9. COOKIES

Links from the Portal to other web pages.

The Entity may offer links, directly or indirectly, to resources or Internet web pages that are located outside the Portal and platform. The presence of these links on the Portal and platform are for informational purposes, not constituting in any case an invitation to contract products and / or services that are offered or can be offered on the destination web pages or imply the existence of a relationship of dependence with the titular entity of the linked web page. In these cases, the Entity will not be responsible for establishing the terms and conditions to be taken into account in the use, provision and / or contracting of these services by said third parties and, therefore, can not be held responsible for them. .

In the event that there is a collaboration between Lovexair and the owners of linked websites that offer information about products or services, the user will be informed directly of the possible benefits that may be enjoyed as a result of said collaboration.

The Entity does not have the faculty or human or technical means to know, control or approve all the information, contents, products or services provided by other web pages to which links can be established from the Portal or platform. Consequently, the Entity can not assume any type of responsibility for any aspect related to the web pages to which a link could be established from the Portal or platform.

However, in the event that the Entity becomes aware that the activity or information to which it refers from said links is illegal, constituting an offense or may harm property or rights of a third party, it will act with due diligence. necessary to delete or disable the corresponding link as soon as possible.

Likewise, if the Users had actual knowledge of the illegality of activities developed through these third-party web pages, they must immediately notify the Entity so that they may proceed to analyze the particular situation and, if applicable, to disable the Access link to it.

To avoid any kind of doubt, the fact that when accessing a certain web page there is a “frame” or “frame” in whose upper part appears the name or logo of the Entity, in no case implies that it is the owner or owner of said web pages, being the owners and holders of the web pages those that appear identified as such in them.

Links from other web pages to the Portal or platform.

If any User, entity or web page wishes to establish any type of link to the Portal or platform, the following requirements must be observed:

It must obtain the prior, express and written authorization of the Entity.

The link can only be directed to the main page of the Portal or Platform, unless expressly authorized otherwise.

The link must be absolute and complete, that is, it must take the User, through a click, to the main page and must fully cover the full length of the screen of the main page of the Portal or platform. In any case, unless the Entity authorizes otherwise, the web page from which the link is made may reproduce, in any way the Portal or platform, include it as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Portal or platform.

In the website from which the link is established, it can not be stated in any way that the Entity has authorized such link, without this being the case. If the entity that makes the link from its website to the Portal or platform correctly, would like to include on its website the brand, name, trade name, label, logo, or any other identifying sign of the Entity and / or Portal, should to have prior authorization, expressly and in writing from the Entity.

In any case, the Entity prohibits the establishment of a link to the Portal or platform from those web pages containing materials, information or illegal, illegal, degrading, obscene, and in general, that contravene morality, public order , the current legislation, the generally accepted social norms, are harmful to the legitimate rights of the Entity or third parties or that in any way may affect or damage the good image and reputation of the Entity

10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All rights of intellectual and industrial property are reserved on the contents of the Portal and platform and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the contents included in the Portal or platform, for public or commercial purposes, if you do not have prior authorization, expressly and in writing from the Entity or, as the case may be, from the owner of the rights to which they correspond.

The access and navigation of the User through the Portal or platform, as well as the access and use of the services or products offered, in no case shall be understood as a renunciation, transmission, license or total or partial cession of the aforementioned rights on the part of the Entity, except when expressly stated otherwise in the particular conditions that regulate the use, provision and / or contracting of the products or services that, where appropriate, are offered through the Portal or platform. Consequently, it is not allowed to suppress, avoid or manipulate the copyright notice and any other identification data of the rights of the Entity or its owners, incorporated into the contents, as well as the technical devices of the Entity. protection, fingerprints or any information and / or identification mechanisms that may be contained in them.

References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by the Entity or by third parties, imply the prohibition on its use without the prior, express and written consent of the Entity or its legitimate holders. In no case, unless expressly stated otherwise, the access or use of the Portal or platform and / or its contents confers the User any rights over the brands, logos and / or distinctive signs incorporated therein.

The use, exploitation and / or unauthorized use of the contents of the Portal or platform, as well as any act of a similar nature from which an infringement of the rights of intellectual or industrial property derives, will give rise to the legally established responsibilities.

11. PRIVACY POLICY

The personal data of the Users are subject to treatment by the Entity, with the purpose of managing the queries and requests made through the Portal or platform, as well as sending information electronically.

The entity is committed to the responsible treatment of the personal data of the Users, guaranteeing adequate security standards in compliance with European, national and international regulations regarding data protection.

The User may access, oppose, rectify or cancel your personal data at any time, in writing, by letter attaching a copy of your ID to the following address: LOVEXAIR FOUNDATION, Paseo de las Delicias, 30, Madrid, 28045 or to the address of email fundacion@lovexair.com, specifying in the subject “Data Protection” and indicating the right you wish to exercise.

12. JURISDICTION AND APPLICABLE LAW

The Terms of Use and any relationship arising from its acceptance will be governed exclusively by Spanish and European legislation that is applicable.

In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the courts of Madrid (Spain) will be competent.

© 2018 LOVEXAIR FOUNDATION. All rights reserved.

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