PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE (ToS). YOUR USE OF THE SERVICE DESCRIBED BELOW WILL IMPLY YOUR PRIOR, EXPRESS AND COMPLETE ACCEPTANCE OF THESE ToS.

IF YOU DO NOT AGREE WITH THESE ToS, PLEASE DO NOT USE THE SERVICES. THESE ToS FORM AN INTEGRAL PART OF THE WEBSITE´S LEGAL NOTICE .

  1. PURPOSE

The purpose of these ToS is to regulate the use, by the Users, of the HappyAir Platform (hereinafter, the Platform) which is accessible via the Website (hereinafter, the Service).

  1. SERVICE

2.1 Type of Users

The Service is aimed at being used by the following types of Users:

  • Patient: can be an individual patient or care-giver/ legal guardian or be attached to a specific organization or healthcare professional. Upon request, individual patients will be assigned an educator or coach.
  • Healthcare professionals
  • Healthcare Organizations: e.g. a pharmacy, hospital, research center, etc.

2.2 General description

The Platform provides a space and a series of resources to organizations and healthcare professionals or therapists to improve the remote care management of their patients, by monitoring them in a reliable and caring environment which has been clinically validated.

For professionals, the Platform represents an affordable digital space easily accessible from any device.

Any clinical organization, health center, association of patients, healthcare professionals with their own practice, pharmacies, educators, coaches or trained healthcare professionals can monitor their patient community, guide them in their care plan and include relevant information for self-management, integrated care & activity, in their digital health record.

In addition, these professionals can share information and educational material directly with the patient and communicate safely through the Platform. Likewise, it allows a multidisciplinary approach  in the management of chronic or rare disease- affected patients from an integrated care approach, as  it is possible to manage sessions with other healthcare professionals such as psychologists or therapists, as long as the patient consents and agrees to give access to the corresponding professional(s) or organization(s).

The Platform aims to be a useful resource for the patient or family care-giver, providing services for the ongoing support necessary to achieve growth, confidence and learning in self-care for their illnesses with education & clinical support and capabilities in using digital resources.

The Platform promotes patient empowerment, giving access to digital resources that facilitate the process of communication and interaction with therapists, doctors and/or pharmacists who accompany him/her, connected via the Platform. In addition, through the Platform, patients 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.

Finally, patients can share information with their healthcare professionals or therapists from any location and/or engage for research purposes towards the development and/or use in better care, resources in digital technology and innovative therapies and treatments.

This information is incorporated into the patient’s digital health record & progress reports, to later offer information about their health status, their care plan, including physical activity and even manage personal improvement goals.

Additionally with the patients consent this can be shared anonymously for research purposes as mentioned.

The HappyAir Platform does not endorse, promote the use or stimulate the users’ demand for services, therapies, professionals, organizations or health institutions in particular.

The HappyAir Platform shall not be used as a basis for any diagnosis, monitoring, management or treatment of diseases or any other medical condition. The HappyAir Platform is not intended to, and does not provide a means for users to self-diagnose any medical condition. Users with health concerns or medical problems should consult with a qualified and licensed healthcare professional.

 

2.3 Access and use of the Service

To access and use the Service, Users shall register themselves, according to the user profile that corresponds to him/her.

The registration in one of the Care Plans will be made with the subscription 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 registration process consists of the provision of basic personal information by the Users and acceptance of this ToS. In addition, when applicable, Users shall make the payment of the relevant fees agreed with the Entity. Said payment shall be deemed to have been made, when it has been verified by the bank, within a period not exceeding one (1) month unless otherwise specified in an individual contract.

2.4 Contracting process

Users interested in contracting the Service should contact the Entity by phone or by filling in the contact form available in the session “Join HappyAir “. When they contact the Entity, they will provide them with more information about the available Care Plans or appropriate projects, if they are patients or care-givers, so they can evaluate the possibility of using the Service according to their needs or contract, in the case of an organization or healthcare professional.

The User who decides to contract the Service must access the Platform, select the Project or Care Plan and the payment method or terms and conditions of the Service offered to them by the Entity according to their contract. The Service normally includes an established demo period. Users can then proceed with the subscription 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.

The Entity may also collect the patient’s or registered organizations signed consent forms at the start of the Service, in order to ensure that the Users have received and are fully informed about said services and the policies are compliant with the GDPR legislation.

Once the payment has been processed by the Entity, the User:

  • will receive an email confirming subscription to the platform for the agreed Nº of users or services contracted and subsequently,
  • will receive instructions on how to access the platform, as well as the credentials and / or instructions necessary for access.
  • will be able to participate in the platform according to their profile: organization, health professional, educator, patient or caregiver etc.

2.5 Economic Terms

The User wishing to contract the Service must pay the corresponding fee for the agreed services or Nº of selected Care Plan(s) contracted through any of the means of payment available in the Platform or by bank transfer , as agreed with the Entity and the agreed contract terms established between parties.

  1. Fees & Service costs

The fees for the subscription or agreed services or Nº of care plan(s) provided for the use of the Service are those stated in the Platform, at the time of contract or as per the agreement with the Entity by the Organization, Healthcare Professional or Patient.

The minimum recommended contract is six (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; however, such period of duration is not mandatory. In case of contracting the Service for longer periods of duration, discounts as indicated in the Platform will apply, if they exist.

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 of communicating this in advance to the Users subscribed to the platform, ninety (90) days before the modification, during which the Users may express, in writing, his/her rejection of the notified modification, the latter  will imply the termination of the provision of the Services. After the period of ninety (90) days without the Users having expressed anything to the contrary, the new economic terms will take effect.

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

  1. Forms of payment

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

Payments may be monthly, quarterly, six monthly or annual and will be made in advance, the charges being made, at the time of contract 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 sole purpose.

  1. 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’ service will be terminated after one month from the date of its first demand. In any case, before proceeding to the withdrawal of service (s), two full 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, family-member or legal guardian, the User-Individual will be removed from the service. In any case, before proceeding to any legal recourse, one full notice will 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.

  1. Renovations

Subscriptions or monthly, quarterly, six monthly 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 expiry date of the same.

  1. Others

In some cases, the cost of the service will be reduced or zero, due to the special nature of the relationship with the Entity (research projects, donations, sponsorships or financing from third parties, among others).

2.6 Cancellation by the User

The User-Individual may cancel the Service and must notify it in writing with a minimum period of 14 days. 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 this, the subject “Right of Cancellation”.
  • Postal Mail: Sending a letter to the Lovexair Foundation, Paseo de las Delicias, 30, Madrid, 28045, indicating in the subject “Right of Cancellation”.

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

  1. TERM AND TERMINATION

3.1 Term

These ToS are effective upon their acceptance by the User and will end if:

  • The User violates any provision of these ToS;
  • The term agreed between User and the Entity comes to its end.

3.2 Effect of Termination

Upon termination of these ToS: (a) the User license rights will terminate and User shall immediately cease all use of the Service; (b) User will no longer be authorized to access his/her account or the Service; (c) User shall pay (if applicable) any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination will survive.

  1. SERVICE USAGE RULES

Users shall use the Service, according to the following rules, and assuming any responsibility arising out of their infringement

  1. Access to the Service: User shall not access the Service by means of using an interface other than the one provided by the Entity.
  2. User Identity: The User shall not misrepresent his/her identity impersonating any other person, a non-existent person or a member of any entity, nor lie about his/her affiliation with any other person and / or entity.
  3. Respect other Users: User shall neither stalk nor harass any third party, nor collect, store and/or assign personal data about other Users of the Service without comply with current regulation on data protection.

In the course of using the Services, Users may submit information, data and other materials into the Platform (hereinafter, the Content). Users represent that they are the creators and owners of the Content, or have the necessary licenses, rights, consents, and permissions to submit the content via the Platform and authorize the Users of the Service to use such Content as necessary to exercise the licenses granted by Users under this Section, in the manner contemplated by these ToS.

Therefore, Users agree and acknowledge that they are entirely and exclusively responsible for all Content that it is submitted via the Services. To the maximum extent permitted by applicable law and under no circumstances will the Entity be liable in any way for any Content submitted via the Service.

Users retain any copyright and other proprietary rights in the Content submitted via the Service. Nevertheless, the Entity will need certain permission from Users in order to provide the Service.

By submitting the Content via the Platform and for the purposes of providing the Service, Users grant the Entity a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute the Users´ Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

By submitting Content via the Platform to other Users of the Platform, Users grant those Users a non-exclusive license to access and use that Content as permitted by these ToS and the functionality of the Service.

The Entity does neither control nor monitorize the Content submitted by Users via the Service and, as such, does not guarantee the accuracy, integrity and/or quality of such Content. However, the Entity may be required to monitorize such Content (i.e, required to do so by law or competent authority) and, in any case, the Entity reserves the right to block and/or eliminate any Content accessible via the Service which may infringe this ToS or the Legal Notice.

The User agrees and consent that the Entity may access, preserve, and disclose his/her account information and Content: (a) for the purpose of properly administering the User’s account; and (b) if required to do so by law or competent authority, or if any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Legal Notice and/or the ToS; or (iii) respond to claims that any Content violates the rights of third-parties.

The Entity reserves the right to suspend, temporarily or permanently, the use of the Service by any User, at any time in the event of unauthorized use, or suspected unauthorized use, of the Service itself, either by infringement of the Legal Notice or these ToS.

  1. PROHIBITIONS

Users agree to properly use the Service and to not use it for illegal or unlawful purposes or purposes contrary to the good faith or the public order. In detail, Users are banned from the following:

  • Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way; “stalk” or otherwise harass another; or extract, collect, process, combine or store personal data about other users.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • Upload, post, send or otherwise transmit any Content that the User does not have a right to transmit;
  • Upload, post, send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • Upload, post, send or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of non-authorized solicitation;
  • Upload, post, send or otherwise transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Use or apply any technical, software or technology resources whereby Users can benefit, directly or indirectly, with or without profit, from the unauthorized exploitation of the Service.
  • Purchase, use, or access the Service for the purpose of building a competitive product or service or for any other competitive purposes.
  • Circumvent or attempt to circumvent any limitations that the Entity imposes on your account.
  • Deny others access to, or reverse engineer, the Services, or attempt to do so.
  • Engage in abusive or excessive usage of the Service, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Service for other Users.
  • Resell or lease the Service.
  • Register accounts by “bots” or other automated methods.
  1. LICENSE

Subject to the User complete and ongoing compliance with these ToS, the Entity grants the User with a limited, non-transferable, non-sublicensable, revocable permission to access and use the Platform for its use during the Term and, when applicable, at the level of service for which the User has paid the relevant fees.

  1. PROCESS OF CONTENT

This section details how the Content is processed within the Service.

Users acknowledge and agree that to the extent that Content contains personal information, in collecting, holding and processing the Content in connection with the Service, the Entity acts as Data Processor for the purposes of the Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (hereinafter, GDPR). Therefore, Users are responsible for the Content submitted into the Platform and shall arrange all consents and approvals that are necessary from the relevant individuals to enable the process for the purpose of using the Service.

According to the above, the Entity will comply with the following obligations: (a) process personal data exclusively for allowing the use and the provision of the Service and not apply or use it for a different purpose; (b) keep a written record of the processing activities on behalf of the Data Controller; (c) ensure that the people authorized to process personal data receive the necessary training in the field of data privacy and is committed, expressly and in writing, to respect its confidentiality and comply with the corresponding security measures; (d) notify the Data Controller by email, without undue delay and in any case within a maximum period of 72 hours of the personal data breaches that he is aware of; (e) provide the Data Controller with reasonable assistance in any requests, orders and any other procedures that are necessary or convenient before the competent administrative or judicial authorities; (f) following the Data Controller’s instructions, return, delete or deliver to third parties all personal data and, if applicable, the media where they are, once they are no longer relevant for its purpose or the contract is extinct. Data Processor can only keep the data in case there is a legal duty of conservation; and (g) implement the appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (a) the pseudonymization and encryption of personal data; (b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; (d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

Users are informed and expressly acknowledge and agree that the Entity may engage third party Sub-processors in connection with the provision of the Services. As a condition to permitting a third-party Sub-processor to process Content, the Entity will enter into a written agreement with each Sub-processor containing data protection obligations that provide at least the same level of protection for the Content as those in this section, to the extent applicable to the nature of the Services provided by such Sub-processor.

Users shall indemnify the Entity against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Content submitted into the Platform infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Content is objectionable, incorrect or misleading.

Research and Investigation

Additionally to supporting patients in their care plan and providing healthcare professionals with resources to guide and monitor their progress, on the grounds that the Users expressly consent to it, the data and information in the Platform may be processed by the Entity, on an aggregated and anonymized basis, for research purposes to learn more about disease issues, care plans or pathways, population data on health outcomes, patient reported outcomes in specific treatments or programs,  with the users consent.

The purpose for aggregating and analyzing data is to contribute to improve care plans, patient empowerment, adherence,  access to care or treatments, develop sustainable care support or new treatments and therapies, as well as improving earlier diagnosis of registered Users who may  access validated kits for genetic profiling or bio-markers for example, as provided by qualified scientific partners who collaborate with the Entity.

Additionally patients can be kept informed about clinical studies or trials, which they may wish to take part in or device testing and related areas of developing technology which all seek to improve the quality of life of the patient and provide useful resources to the healthcare professionals who are guiding them in their care plan.

This data may also be integrated with clinical registries which are developed by recognized bodies led by clinicians or scientific societies, in order to improve knowledge from the patient perspective and thus also accelerate research into developing innovative therapies or new delivery systems for therapies which would follow the systematic approach as applied by the leading medical agency authorities guidelines, the EMA or FDA for orphan or other treatments.

My Asthma Virtual Assistant (MyAVA)

The Platform offers the Entity, through a licensed agreement established with Novartis Pharma AG., a digital resource, consisting of a virtual assistant, for adults with asthma.

The User may voluntarily activate this module, through his/her dashboard, after sign-up by selecting and thereafter by opening the virtual assistant. Through the virtual assistant, the User can navigate topics of interest about aspects and issues related to his/her disease and share some basic personal information. The virtual assistant also supports Users in managing and documenting their care plan.

The use of the virtual assistant entails the processing, on an anonymized basis, of information that the User has incorporated into his/her profile voluntarily, for the purpose of providing guidance on how to improve the users quality of life by learning how to help them manage their disease and follow a care plan for better health outcomes.

This information, along with aggregated statistical reports, is shared anonymously with entities which help develop care plans or provide education & information, to improve patients’ health outcomes and quality of life,  as well as to help understand user behaviour to improve their personal user experience and  include a number of features offered by the virtual assistant.

These entities will not have access to personal information of any Virtual Assistant user.

If the user chooses not to continue the information processing, he/she shall request deactivation through the Virtual Assistant MyAVA settings. The information processing is also suspended, by not opening the virtual assistant in the dashboard. The Entity reserves the right to eliminate the virtual assistant functionality, at any time and without notice, in case of technical, business and/or legal reasons; in such a case, the information of the users therein will be deleted and the virtual assistant will no longer be accessible for users.

The virtual assistant is a functionality through which users can obtain information and keep track of their health plan. The virtual assistant is not intended for the provision of any medical advice, therapeutic or diagnostic information or recommendations. The virtual assistant, and the information generated by it, should not be used as a basis for any diagnosis, monitoring, management or treatment of diseases or any other medical condition.

The contents obtained through the virtual assistant are offered for personal and informational purposes only, but do not constitute or intend to replace professional healthcare advice and does not provide a means for users to self-diagnose any medical condition. Users of the virtual assistant who have any health concerns or medical issues should consult with a qualified and licensed health or medical professional.

  1. CONFIDENTIALITY

For the purposes of this ToS, Confidential Information will mean all economic, financial, technical, commercial, strategic, administrative or other information to which either party has access as a result of the use of the Services, especially those related to reports, technical knowledge, software components, facilities, methodologies, products, know-how, services, users of services, customers, commercial activities, as well as personal data and information, collected in any form, physical as in computer, and documentation of any other type, which has been classified as exclusive or confidential property or that, by its nature or the circumstances in which the disclosure or creation takes place, it must in good faith be considered as such.

The party communicating the Confidential Information will be referred as the “Disclosing Party” and the party receiving the Confidential Information shall be referred as the “Receiving Party”.

Disclosure to the Receiving Party of Confidential Information shall not be deemed to constitute an assignment or any right or license, express or implied, in favor of the Receiving Party over any patents, trademarks, copyrights, trade secrets, know-how as well as any other intellectual or industrial property rights of which the Disclosing Party currently owns or hereafter acquires in relation to the subject matter of the Confidential Information disclosed by the Disclosing Party. The Receiving Party agrees that the Confidential Information shall remain the property of the Disclosing Party.

The Receiving Party, insofar as it has access to Confidential Information of the Disclosing Party, is subject to the following obligations:

  • To follow the instructions set forth by the Disclosing Party, regarding the use and treatment of the Confidential Information, not being able to use and / or treat such information for purposes other than those indicated or previously approved, expressly and in writing by the Disclosing Party.
  • Not to use such information for competitive purposes, nor to obtain any commercial advantage.
  • Not to disclose the existence of the Confidential Information, nor that such information has been provided.
  • To observe and fulfill the duty of secrecy and confidentiality with respect to the Confidential Information.
  • Not to transfer, assign or communicate the Confidential Information to any third party, except with the prior authorization of the Disclosing Party, expressly and in writing. In such a case, such third parties must have been informed by the Receiving Party of the confidential nature of the Confidential Information and have committed to keep such confidentiality in accordance with the terms and conditions of this Agreement as if they were party to the same. The Receiving Party shall be responsible for any breach of this Agreement by any such third party.
  • Not to record and / or reproduce by magnetic, electronic, mechanical, photographic, graphic or any other type of Confidential Information, unless with prior written authorization from the Disclosing Party.
  • To return to the Disclosing Party any Confidential Information that, once the valuation of the potential business opportunity has been completed, could be found in its possession, expressly waiving any right to retain or preserve the same.

The previous will not be applicable to Confidential Information that:

  • would have been published prior to the date of this Agreement;
  • it is already in the possession of the Recipient Party and not subject to a confidentiality agreement between the Parties;
  • the Receiving Party can prove with evidences that it has been independently developed by it; or
  • shall be disclosed in compliance with an order of a judicial or administrative nature. In this case, the Receiving Party shall notify the Disclosing Party in advance, as far as possible so that it can take the actions it deems appropriate.

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