This document sets out the terms of use governing the service provided by XH Digital Health SL, with tax ID B05335377, located at Parque Empresarial Zuatzu, Juan Fermín Gilisagasti, 2 Office 312, 20018 Donostia–San Sebastián, Gipuzkoa, Spain – Email: info@glucovibes.com through the Glucovibes mobile application and myGlucovibes.
This document constitutes a legal agreement between the registered user of the application and Glucovibes. Installing Glucovibes and accepting the terms and conditions outlined herein authorizes you to use Glucovibes.
The user understands that the information contained in this document, in reference to both the specifications of the service provided and the general conditions of contracting and completion of the contract, are sufficient and adequate for the exclusion of error in the formation of consent, thereby binding all obligations set forth herein. However, the managers of Glucovibes commit to informing the user of any other technical specifications of the service and legal issues related to the contractual relationship upon first request by any means that provides a record.
DEFINITIONS: For the purposes of this document, the following terms shall be understood as:
Registered User: The user who downloads the Glucovibes application, completes the form, and accepts these terms of use.
Mobile Device: A device that meets the requirements established for installing Glucovibes. The managers of Glucovibes will always inform users about the requirements and software that mobile devices must have for proper functioning.
Purpose and Description of the Service: Glucovibes, through a computer application installed on your mobile device, allows access to myglucovibes and the sensor attached to your body, monitoring your glucose level, physical evaluation, and analysis of lifestyle habits, activities, and nutrition.
Registration Requirement: To use Glucovibes, an interested person must register through the form provided in Glucovibes, providing the necessary data for the proper management and administration of the service.
The data entered by the user must be accurate, current, and truthful. The registered user is responsible at all times for the accuracy and custody of their Glucovibes access data, assuming any damages that may result from its inaccuracy, misuse, as well as the transfer, disclosure, or loss. In any case, the managers of Glucovibes reserve the exclusive right to reject any registration request or cancel those that do not comply with these Conditions.
Minors: The full responsibility for determining the specific content and services that minors access lies with the adults in their care. Glucovibes understands that from the moment a minor accesses the service or downloads the mobile application, they have the permission of their parents, guardian, or legal representative. The use of the website and the mobile application by minors is always conditioned on the supervision of their parents or legal guardians. Glucovibes cannot verify the personal circumstances of its users and recommends that those under 18 inform their parents or guardians before registering on the website or downloading the mobile applications. By downloading the application or subscribing to the Glucovibes service, the user declares and guarantees that they are of legal age or, alternatively, have the express and informed permission of their legal guardians.
Proper Use of Glucovibes: Registered users commit to using Glucovibes in accordance with the law, morality, generally accepted good customs, and public order, and to refrain from using it for illegal, prohibited purposes in these Conditions, harmful to the rights and interests of third parties.
The user commits to making appropriate use of Glucovibes and not to use it to engage in illegal activities or those contrary to good faith and legal order (merely indicative and not exhaustive); to cause damage to the physical and logical systems of the manager, its suppliers, or third parties, introduce or spread computer viruses on the network or any other physical or logical systems that are likely to cause the previously mentioned damages, not forgetting all those that violate or transgress honor, personal or family privacy and the image of people, property rights, and all other nature belonging to a third party as a result of the transmission, diffusion, storage, making available, reception, obtaining, or accessing the contents or the image of third parties; leaving the User, in any case, to indemnify the managers of Glucovibes against any claim, judicial or extrajudicial.
Registered users are obliged to indemnify Glucovibes against any possible claim, fine, penalty, or sanction that may have to be endured as a result of the registered user’s failure to comply with any of the usage rules indicated above, reserving Glucovibes the right to claim for damages as appropriate.
Glucovibes reserves the right to cancel the account and registration of those users who make inappropriate use of it or do not respect the observations and prohibitions provided by these Terms of Use.
Additionally, if any user feels that any type of right has been violated, they can communicate it to the managers of the portal at the following address: info@glucovibes.com
Use and Custody of Username and Password: The user agrees to make diligent use of the password and username and to keep both secret. It will be the exclusive responsibility of the user to maintain the confidentiality of their password, thus assuming any damages, expenses, and/or losses of all kinds arising from the breach of this obligation or the disclosure of the password, as well as from misuse that, as a result of the breach of their duty of custody, a third party could make.
Exclusion of Warranties and Liability
Glucovibes does not guarantee the availability and continuity of the operation of the application. When reasonably possible, Glucovibes will provide advance notice of interruptions in the operation of the service. It also does not guarantee its infallibility, and in particular, that users can effectively use or access it.
Glucovibes offers no warranty regarding the use of the mobile application or website, nor does it recommend the adoption of any particular therapeutic measures derived from the information stored or received through the application. Glucovibes is not a medical device nor does it constitute medical treatment or substitute for the diagnosis or supervision of a medical professional.
Glucovibes excludes any liability for the disappointment of utility that registered users may have attributed to the application, its reliability, and in particular, to failures in access, etc.
The user acknowledges that Glucovibes may modify these Conditions at any time. If the user continues to use Glucovibes after receiving notification of such changes, it will be considered that they have accepted them. If the user does not accept the changes, they may terminate the contract in accordance with the following clause without any penalty.
Use of Artificial Intelligence Technology by Glucovibes: Glucovibes has integrated into its app the possibility for the user to upload photos that will be processed using artificial intelligence technology, including ChatGPT, specifically to detect ingredients and allow their entry into the system. Ingredient detection is based on the visual information contained in the photos, and therefore, the results may not be precise or complete and may be modified, deleted, or supplemented by the user. Glucovibes is not responsible for the accuracy or completeness of the results provided and excludes any liability for decisions made by the user based on these results.
The User guarantees that they have all the necessary rights over the photos they upload to the platform and exempts Glucovibes from any liability related to copyright infringements, privacy violations, or any other type of claims arising from the content of such photos.
Duration and Termination
This contract will come into effect from the moment the user registers on Glucovibes by completing the registration form in all its parts and will last for the same duration as the contracted license/plan.
In addition to the reasons for deregistration or cancellation of a user’s registration provided for in these Conditions, Glucovibes may unilaterally terminate this contract due to a subsequent breach by the user of these Conditions. This termination will be communicated in writing to the user’s email address.
Similarly, the user is recognized the right to unsubscribe at any time from the use of Glucovibes, myGlucovibes, as well as to uninstall it. However, uninstallation does not imply a request for deregistration from the service. For this purpose, Glucovibes has a system in place to proceed with such deregistration and deletion of the user’s profile.
Assignment of Contract
In no case is the assignment of this contract to third parties allowed without the express consent of Glucovibes.
Privacy Policy
Glucovibes processes data in accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), and Regulation (EU) 2016/679, of the European Parliament and of the Council, of April 27 (General Data Protection Regulation), as set out in the privacy policy that the user must accept at the time of registering in our app.
Intellectual and Industrial Property
All content of Glucovibes as well as the application, including but not limited to, texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of Glucovibes or third parties, and no rights of exploitation recognized by current legislation on intellectual property can be understood as transferred to the user.
Trademarks, trade names, or distinctive signs are owned by Glucovibes or third parties, and accessing the website and platform does not grant the user any rights over them.
The user will not acquire, solely by installing the application and using Glucovibes, any intellectual or industrial property rights, nor any license to use such rights.
Applicable Law and Competent Jurisdiction
The conditions of use will be governed and interpreted in accordance with Spanish law. In the event of a dispute, the parties will submit to the jurisdiction that corresponds according to current Spanish regulations, whether it be the courts corresponding to the domicile of Glucovibes or those corresponding to the domicile of the user.