TERMS OF SERVICE “HAPPYAIR PLATFORM”

PLEASE READ the following Terms of Service carefully. YOUR USE OF THE SERVICE DESCRIBED BELOW WILL CONSTITUTE YOUR PRIOR, EXPRESS AND COMPLETE ACCEPTANCE OF THESE TERMS OF SERVICE.

IF YOU DO NOT AGREE WITH THESE TERMS, please do not use the services. These terms of service form an integral part of the LEGAL NOTICE of the WEB site.

1. PURPOSE

The purpose of these terms of service is to regulate the use, by Users, of the HappyAir Platform (hereinafter, the Platform), which is accessible through the HappyAir website (hereinafter, the Service).

2. SERVICE

2.1 Type of Users

The service is intended to be used by the following types of users:

• Patient : May be a patient or caregiver/legal guardian or linked to a specific organization or healthcare professional. Upon request, individual patients will be assigned an educator or coach.
• Healthcare professionals
• Health organizations : For example, a pharmacy, hospital, research center, etc.

2.2 Overview

The Platform offers a space and a series of resources that allow organizations and health professionals or therapists to improve the management of their patients’ remote care, by monitoring it in a reliable and clinically validated environment.

For professionals, the Platform represents a digital space that is understandable and easily accessible from any device.

Any clinical organization, health center, patient association, pharmacies, educators, trainers or trained health professionals can monitor their community of patients, guide them in their care plan and include relevant information for self-care in their digital health record.

Additionally, these professionals can share information and educational materials directly with their patients and communicate securely through the Platform. Likewise, the Platform allows a multidisciplinary and comprehensive approach in the management of patients affected by chronic or rare diseases, since it is possible to manage sessions with other health professionals such as psychologists or therapists, as long as there is consent from the patient and You agree to give the corresponding professional(s) or organization(s) access to your information.

The Platform has been designed with the objective of being a useful tool for patients or their dependents. It provides the necessary services for the patient’s continued support, so that they can gain knowledge and security in self-care of their disease thanks to the educational materials and clinical support provided by our digital resources.

The Platform promotes patient empowerment through their participation in learning and self-care of their disease. To do this, it facilitates the process of communication and interaction with therapists, doctors and/or pharmacists, by allowing connection through the Platform. In addition, patients can follow a comprehensive and personalized care plan of activity and healthy habits, adapted to their health status.

Finally, patients can share information with their health professionals or therapists from any location and/or participate in studies for research purposes for the development of innovative resources, techniques and treatments.

All the information provided is incorporated into the patient’s digital medical history and progress reports, to offer them knowledge about their health status and care plan, including physical activity indicators and even allowing them to manage personalized healthy living goals.

In addition, with the patient’s consent, this information can be shared in an anonymized manner for the aforementioned study and research purposes.

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

The Platform should not be used as a basis for the diagnosis, control, management or treatment of any disease, pathology or any other medical condition. The HappyAir Platform is not intended to, and does not provide, a means for self-diagnosis. Users with health problems should consult a qualified health professional.

2.3 Access and use of the Service

To access and use the service, users must register themselves, in accordance with the corresponding user profile.

Registration in one of the care plans will be carried out with the subscription and payment service conditions agreed between the Entity and the User. In some cases, the option of a demo period will be included to test the service, in accordance with the conditions agreed between the user and the entity.

To register, the user will provide basic personal information and agree to these terms of service.

Additionally, where applicable, users must pay the corresponding fees agreed with the entity (if any). Such payment will be deemed to have been made when verified by the bank, within a period not exceeding one (1) month unless otherwise specified in an individual contract.

2.4 hiring process

Users interested in contracting the service must contact the entity by telephone or by filling out the contact form available in the “Join HappyAir” tab on the website. When patients or caregivers contact the Entity, it will provide them with more information about the available projects or care plans.

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 by the Entity in accordance with its specific contract. The Service normally includes a trial period. Users can then proceed to subscribe and, where appropriate, make payment in accordance with the agreed conditions, as an individual or organization, through the channel enabled for this purpose.

In the case of users contracting specific services provided by a health organization or professional, the patient’s consent will be given in the manner decided by the health organization or professional contracting the service.

The Entity may also collect consent forms signed by the patient or registered organizations at the start of the Service, in order to ensure that Users are fully informed that such services and policies comply with GDPR legislation.

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

• You will receive an email confirming the subscription to the Platform for the agreed number of users or contracted services and, subsequently,
• You will receive instructions on how to access the Platform, as well as the credentials and/or instructions necessary for access.
• You can participate in the Platform according to your profile: organization, health professional, educator, patient or caregiver, etc.

2.5 Economic conditions

The user who wishes to contract the service must pay the corresponding fee for the agreed services or Number of Care Plans contracted, by any of the payment methods available on the Platform or by bank transfer, as agreed with the entity and as agreed by the terms of the contract established between the parties.

• Price and service costs

The price of the subscription or the contracted Care Plans are those indicated on the Platform, at the time of the contract or according to the agreement with the Entity by the Organization, Health Professional or Patient.

The minimum recommended contract is six (6) months to respond to the needs of the clinical protocol and ensure optimal patient follow-up in adherence and/or quality of life. However, this duration period is not mandatory. If you contract the service for longer periods, discounts may be applied to the price, if any.

The applicable price in each case will be the one accepted by the user at the time of confirming the contract, in accordance with the specific subscription offer or terms of the contract with which the user subscribes or contracts.

However, the Entity reserves the right to modify the value of the rates or the costs of the service, with the only obligation to communicate it in advance to the Users subscribed to the platform, ninety (90) days before the modification, during the which Users can express, in writing, their rejection of the notified modification; This will imply the termination of the provision of the Services. After the period of ninety (90) days without the Users having expressed otherwise, the new economic terms will come into force.

Notwithstanding the above, if another term has been agreed in the service provision contract, the latter will apply.

• Payment Methods

The payment methods for the Service will be those indicated at any time on the Platform.

Payments can be monthly, quarterly, semi-annual or annual and will be made in advance. Charges will be made, at the time of the contract and in subsequent months, in accordance with the contracted subscription plan. In the event of non-compliance with the payment obligation or suspicion of fraud, the Entity reserves the right to suspend the provision of the Service until said situation is resolved.

By using a credit or debit card for payment purposes, the User declares that he or she is authorized to make such payment and that he or she is the owner of the card in question. If you are not the owner of the same, you will indicate the data of the owner who authorizes its use, for this sole purpose.

• Failure to comply with the payment obligation

If the defaulting user is an Organization or a Healthcare Professional, the User Organization and all of its subscribers’ services will terminate after one month from the date of your first demand. In any case, before proceeding to withdraw the services, two complete notifications will be sent to the Organization, urging you to continue with the payment. The amount previously paid will not be refunded.

If the defaulting user is a patient, family member, or legal guardian, the individual User will be removed from the service. In any case, before proceeding to any legal remedy, a complete notice will be sent to the User-Individual urging to proceed with the payment. The amount previously paid will not be refunded.

Notwithstanding the above, if another procedure has been agreed in the service provision contract, the latter will apply.

• Renovations

Monthly, quarterly, six-monthly or annual subscriptions or costs of the services will be automatically renewed upon expiration, through a subscription for the same period and amount, in accordance with the current fee or costs of the contracted services.

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.

If the User does not wish to renew their subscription, they must notify the Entity by sending an email to fundacion@lovexair.com or by phone +34956 537 186, at least 10 days before its expiration date.

• 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 third-party financing, among others).

2.6 Cancellation by the User

The individual user can cancel the service and must notify in writing with a minimum period of 14 days. Said cancellation will not imply, in any case, the refund of the amounts paid by the user for subscription.

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

• Email : Sending an email to fundacion@lovexair.com, indicating the Subject “Right of cancellation”.
• Ordinary mail : Sending a letter to the Lovexair Foundation, Paseo de las Delicias, 30, Madrid, 28045, indicating in the subject “Right of cancellation”.

The Organization user may cancel the Service in accordance with the conditions stipulated in the contract.

3. DURATION AND TERMINATION

3.1 Term

These Terms of Service take effect once accepted by the user and will terminate if:

• The User violates any provision of these terms of service;
• The term agreed between the user and the entity comes to an end.

3.2 Effect of termination

Upon termination of these TOS: (a) User’s license rights will terminate and User will immediately cease use of the Service; (b) User will no longer be authorized to access your account or the Service; (c) User shall pay (if applicable) any unpaid amounts due prior to termination; and (d) all payment obligations accrued prior to termination will survive.

4. RULES FOR USE OF THE SERVICE

Users must use the service in accordance with the following rules and assume responsibility for non-compliance:

1. Access to the Service : The user cannot access the service by using an interface other than that provided by the Entity.
2. User identity: The user must not falsify his or her identity by impersonating another person, a non-existent person or a member of any entity, or lie about his or her relationship with another person and/or entity.
3. Respect other users : The user must not annoy or harass any third party, nor collect, store and/or assign personal data about other Users of the Service without complying with current regulations on data protection.

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

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

Users retain copyright and other proprietary rights in Content submitted through the Service. However, the Entity will need certain permission from Users to provide the Service.

By submitting Content through the Platform and for the purpose of providing the Service, Users grant the Entity a worldwide, non-exclusive, free access, 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 distribution of User Content, in whole or in part, in any media format and through any media channels known or hereafter developed.

By submitting Content through 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 Terms of Service and the functionality of the Service.

The Entity does not control or supervise the Content sent by Users through the Service and, as such, does not guarantee the accuracy, integrity and/or quality of said Content. However, the Entity may be required to monitor such Content (i.e. as required by law or competent authority) and, in any case, the Entity reserves the right to block and/or remove any Content accessible to through the Service that may violate this TOS or the Legal Notice.

The User accepts and consents that the Entity may access, preserve and disclose the information and Content of his or her account: (a) in order to properly manage the User’s account; and (b) if required by law or competent authority, or if 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 suspicion of unauthorized use, of the Service, whether due to violation of the Legal Notice. or these TOS.

5. PROHIBITIONS

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

• Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or objectionable;
• Harm minors in any way; harass others; or extract, collect, process, combine or store personal data about other users.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
• Forge headers or manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
• Upload, post, submit or transmit any Content that the User does not have the right to transmit;
• Upload, post, submit or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
• Upload, post, send or transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
• Upload, post, submit or 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 software, hardware or telecommunications equipment;
• Use or apply any technical, software or technological resource through which 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 purpose.
• Circumvent or attempt to circumvent any limitation that the Entity imposes on your account.
• Deny access to, or reverse engineer, the Services to others, or attempt to do so.
• Engage in abusive or excessive use of the Service, which is use significantly above average usage patterns that negatively impacts 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.

6. LICENSE

Subject to the User’s complete and continued compliance with these TOS, the Entity grants the User a limited, non-transferable, non-sublicensable and revocable permission to access and use the Platform for use during the Term and at the service level for which the User has paid the corresponding fees.

7. TREATMENT OF CONTENT

This section details how Content is processed within the Service.

Users acknowledge and accept that, to the extent that the Content contains personal information, by collecting, maintaining and processing the Content in relation to the Service, the Entity acts as a Data Processor for the purposes of Regulation 2016/679 of 27 December. April 2016 on the protection of natural persons with respect to the processing of personal data and the free circulation of such data (General Data Protection Regulation) (hereinafter, GDPR). Users are therefore responsible for the Content submitted to the Platform and must arrange all necessary consents and approvals from the relevant persons to enable the process for the purpose of using the Service.

In accordance with the above, the Entity will comply with the following obligations: (a) process personal data exclusively to allow the use and provision of the Service and not apply or use them for a different purpose; (b) maintain a written record of processing activities on behalf of the data controller; (c) ensure that persons authorized to process personal data receive the necessary training in the field of data privacy and undertake, 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 personal data breaches of which it becomes aware; (e) provide the data controller with reasonable assistance in any request, order and any other procedure that may be necessary or advisable before the competent administrative or judicial authorities; (f) on the instructions of the Data Controller, return, delete or hand over to third parties all personal data and, if applicable, the media on which it is held, once it is no longer relevant for its purpose or the contract expires. The data processor may only retain the data if there is a legal duty of retention; and (g) implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including, but not limited to, as appropriate: (a) pseudonymization and encryption of personal data; (b) the ability to ensure the continued confidentiality, integrity, availability and resilience of processing systems and services; (c) the ability to restore availability and access to personal data in a timely manner in the event of a physical or technical incident; (d) a process to regularly test, evaluate and evaluate the effectiveness of technical and organizational measures to ensure the security of processing.

Users are informed and expressly acknowledge and accept that the Entity may engage external processors in connection with the provision of the Services. As a condition of allowing a third-party processor to process the Content, the Entity will enter into a written agreement with each 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 said processor.

Users shall indemnify the Entity against any liabilities, claims, proceedings, costs, expenses (including actual legal fees charged by our attorneys) and loss of any kind arising from any actual or alleged claim by a third party that any Content submitted to the Platform infringes that third party’s rights (including Intellectual Property Rights and privacy rights) or that the Content is objectionable, incorrect or misleading.

Investigation and development

In addition to supporting patients in their care plan and providing healthcare professionals with resources to guide and monitor their progress, based on the patient’s express consent, the Entity may process data and information on the Platform in a manner aggregated and based on anonymity, for research purposes to learn more about disease problems, care plans or pathways, population data on health outcomes, patient-reported outcomes in specific treatments or programs, with the consent of users .

The purpose of aggregating and analyzing data is to contribute to improving care plans, patient empowerment, adherence, access to care or treatments, developing sustainable care support or new treatments and therapies, as well as improving diagnosis. early access to registered users who can access validated kits for genetic profiles or biological markers, for example, as provided by qualified scientific partners collaborating with the Entity.

Additionally, patients can be kept informed about clinical studies or trials, in which they may wish to participate or perform device testing and related areas of technology development that seek to improve patient quality of life and provide useful resources to healthcare professionals. health that are guiding them in their care plan.

This data can also be integrated with clinical registries developed by recognized physician-led bodies or scientific societies, in order to improve knowledge from the patient’s perspective and therefore also accelerate research to develop innovative therapies or new delivery systems. for therapies that would follow the systematic approach applied by the guidelines of the main medical agency authorities, the EMA or the FDA.

Altys: Virtual Asthma Assistant

The Platform offers, through a licensing agreement established with Novartis Pharma AG., a digital resource for adults suffering from asthma, consisting of a virtual assistant.

The User can voluntarily activate this functionality, through their user panel, after registering, selecting and then opening the virtual assistant. Through the virtual assistant, the user can browse topics of interest on aspects and issues related to their illness and share basic personal information. The virtual assistant also helps users manage and document their care plan.

The use of the virtual assistant involves the processing, anonymously, of the information that the User has voluntarily incorporated into their profile, in order to provide guidance on how to improve the quality of life of the users, manage their illness and follow a plan. of care to obtain better health results.

This information, along with aggregated statistical reports, is shared anonymously with entities that help develop care plans or provide education and information, to improve health outcomes and quality of life for patients, as well as to help understand user behavior to improve your personal user experience. It includes a series of functionalities for these purposes.

These entities will not have access to the personal information of any user of the Virtual Assistant (Altys)

If the user chooses not to continue processing the information, they must request deactivation through the Altys Virtual Assistant settings. Information processing is also suspended if you do not open the virtual assistant in the User Dashboard. The Entity reserves the right to eliminate the functionality of the virtual assistant, at any time and without prior notice, in case of technical, commercial and/or legal reasons; in such case, the users’ information there will be deleted and the virtual assistant will no longer be accessible to users.

The virtual assistant is a functionality through which users can obtain information and track their health plan. The virtual assistant is not intended to provide any medical advice, information or therapeutic or diagnostic 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.

Content obtained through the virtual assistant is provided for personal and informational purposes only, but does not constitute nor is it intended to replace professional health advice and does not provide a means for users to self-diagnose any medical condition. Users of the virtual assistant who have health or medical concerns should consult with a qualified and licensed medical or health professional.

8. Confidentiality

For the purposes of these Terms of Service, Confidential Information shall 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, service users, clients, commercial activities, as well as personal data and information, collected in any form, physical or digital, and documentation of any other type, which has been classified as proprietary or confidential or which, by its nature or the circumstances in which the disclosure or creation takes place, should be considered in good faith as such.

The party communicating the Confidential Information will be referred to as the “Disclosing Party” and the party receiving the Confidential Information will be referred to 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 in patents, trademarks, copyrights, trade secrets, know-how and any other intellectual or industrial property rights that the Disclosing Party currently owns or acquires in relation to the subject matter of the Confidential Information disclosed by the Disclosing Party. The Receiving Party agrees that the Confidential Information will remain the property of the Disclosing Party.

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

• Follow the instructions established by the disclosing Party, regarding the use and treatment of Confidential Information, not being able to use and/or process said information for purposes other than those previously indicated or approved, expressly and in writing by the disclosing Party.
• Do not use said information for competitive purposes, or obtain any commercial advantage.
• Not disclose the existence of Confidential Information, nor that such information has been provided.
• Observe and comply with the duty of secrecy and confidentiality with respect to Confidential Information.
• Not 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 case, such third parties must have been informed by the receiving Party of the confidential nature of the Confidential Information and have agreed to maintain such confidentiality in accordance with the terms and conditions of this Agreement as if they were a party thereto. The receiving Party shall be responsible for any breach of this Agreement by such third party.
• Do not record and/or reproduce through magnetic, electronic, mechanical, photographic, graphic or any other confidential information, unless you have prior written authorization from the Disclosing Party.
• Return to the Disclosing Party any Confidential Information that, once the assessment of the potential business opportunity has been completed, may be in its possession, expressly waiving any right to retain or preserve the same.

The foregoing will not apply to Confidential Information that:

• has been published before the date of this Agreement;
• is already in the possession of the Receiving Party and is not subject to a confidentiality agreement between the Parties;
• The receiving Party can prove with evidence that it has been independently developed by it; either
• must be disclosed in accordance with an order of a judicial or administrative nature. In this case, the Receiving Party must notify the Disclosing Party in advance, to the extent possible so that it can take any action it deems appropriate.

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