Terms of use and purchase
Terms of use and purchase of Glucovibes
This document sets forth the terms and conditions of contracting and use governing the service provided by XH Digital Health SL, Tax Identification Number (NIF) B05335377, with registered office at Parque Empresarial Zuatzu, Juan Fermín Gilisagasti, 2, Office 312, 20018 Donostia–San Sebastián, Gipuzkoa, Spain, email: info@glucovibes.com, through the mobile applications Glucovibes and myGlucovibes.
This document constitutes a legal agreement between the user and Glucovibes.
The user understands that the information contained herein, both with respect to the specifications of the service provided and the general contracting terms, is sufficient and adequate to exclude error in the formation of consent, and therefore accepts all obligations set forth herein. Nevertheless, the representatives of Glucovibes undertake to provide the user, upon first request and by any means that leaves a record, with any additional technical or legal specifications of the service relating to the contractual relationship.
Purpose.
This agreement establishes the terms governing the contracting and subsequent use of the Glucovibes application. By accepting these conditions, the user receives a non-exclusive, non-transferable, and revocable license permitting the use of the application.
Glucovibes, through a software application installed on the user’s mobile device, provides access to myGlucovibes and the sensor attached to the user’s body, enabling monitoring of glucose levels, physical evaluation, and analysis of lifestyle, activity, and nutrition habits. In addition, complementary services such as technical support and software updates are provided.
The contracting of these services creates a legal and economic relationship between the User and Glucovibes, generating obligations for both parties. These obligations include, on the part of the user, payment of the corresponding fee and proper use of the application; and on the part of the provider, the duty to ensure the conformity of the service.
The installation and use of Glucovibes does not transfer to the user any intellectual or industrial property rights over the application, its content, trademarks, or source code. The license granted is limited exclusively to permitting use of the service within the legal framework established for Glucovibes’ intellectual property rights.
Registration and Use of Glucovibes.
To use Glucovibes, it is necessary to complete the contracting and registration process established by Glucovibes, providing the necessary information for proper management and administration of the service. The user must provide truthful, up-to-date, and accurate information. The user is responsible for safeguarding their access credentials and for notifying Glucovibes of any unauthorized use thereof, assuming liability for any damages, expenses, and/or losses arising from breach of this obligation, disclosure of the password, or misuse thereof by a third party. Glucovibes reserves the right to reject or cancel registrations that fail to comply with these conditions.
The application is intended for persons of legal age. Access by minors will only be permitted under the supervision and with the explicit consent of their parents, guardians, or legal representatives.
Users undertake to use the application lawfully, respecting these Conditions, applicable legislation, and the principles of good faith. Any use that may infringe the rights of third parties or compromise the security of computer systems is prohibited.
The analytical functions offered by the application generate recommendations and results of a merely indicative nature. The user retains full control over their decisions at all times. Glucovibes does not assume responsibility for decisions taken by the user based on such automated estimates, in accordance with the principles of balance and non-abusiveness.
Registered users agree to hold Glucovibes harmless from any claims, fines, penalties, or sanctions that may be imposed as a result of the user’s breach of the aforementioned rules of use, and Glucovibes further reserves the right to claim compensation for damages as appropriate.
Glucovibes reserves the right to cancel the account and registration of users who make inappropriate use of the application or fail to comply with the prohibitions set forth in these Conditions of Use.
If any user believes that any right has been violated, they may communicate this to the administrators at the following address: info@glucovibes.com.
Orders. Purchase System.
In order to ensure transparency in the contracting process and to protect consumer rights, Glucovibes provides complete pre-contractual information, including the identity of the provider, characteristics of the service, total price including taxes and expenses, available payment methods, duration of the contract, right of withdrawal, and applicable warranties, in accordance with current legislation.
The contracting process requires express reading and acceptance of these Conditions prior to completing the purchase or creating an account. Once completed, the user will receive confirmation of the contract on a durable medium.
Glucovibes undertakes not to apply additional charges without the express consent of the user, and not to impose surcharges for the use of payment methods that exceed the actual cost of such method. To ensure transparency and legal certainty, Glucovibes will retain all evidence related to the information provided, the consent given, and the confirmation of the contract.
Availability of Products.
The user must understand that availability of Glucovibes’ digital services implies immediate provision in their account upon completion of contracting. As service provider, we undertake to make reasonable efforts to ensure continuity of service and to provide periodic updates, without compromising statutory warranties.
With respect to ancillary goods that may be acquired, such as compatible sensors, our website will clearly indicate any applicable delivery restrictions as well as the different payment methods available.
Delivery of Orders.
The delivery of Glucovibes’ digital services is formalized by activation of access to the contracted functionalities or content in the user’s account. For physical goods, such as compatible sensors or other accessories, delivery will be made to the address provided by the user during the purchase process. Responsibility for such goods transfers to the user only at the time the user, or a person designated by them, physically receives the product.
In addition, Glucovibes undertakes to provide confirmation of the contract within a reasonable period, never later than the commencement of execution of the service or delivery of the goods.
Delivery of physical orders will be made to the delivery address designated by the user within the period indicated on the website according to the chosen shipping method, and in any case within 30 calendar days from the date of purchase.
Payment Methods and Billing.
Glucovibes undertakes to display the total price of services prior to contracting, including taxes and, where applicable, shipping costs or other additional charges. In the case of subscription plans, the payment frequency and applicable renewal or cancellation conditions will be clearly indicated.
Accepted payment methods will be those specifically indicated during the purchase process.
The payment methods accepted by Glucovibes are as follows:
- Payment by credit or debit card (Visa, MasterCard, Visa Electron, American Express, Maestro, Diners and Red 6000 cards): The data transmitted in relation to card payments are encrypted through a secure line to the Point of Sale Terminal (POS) of the Bank with which the Seller operates. If you pay by credit card, you will be required to provide: the card number, the expiration date, and a Validation Code consisting of the last three digits of the number printed in italics on the reverse side of the card.
- Payment via PayPal account: In order to use this system you must hold a PayPal user account prior to payment. Once this method is selected, you will be redirected to the PayPal website where payment will be completed and the amounts to be paid, including all applicable taxes or charges, will be displayed. PayPal will send a receipt of the transaction to your email account.
Upon successful payment, the user will receive the corresponding receipt or invoice on a durable medium, thereby ensuring transparency and traceability of the transaction.
All prices shown in the application are expressed in euros (€) and include Value Added Tax (VAT). Unless otherwise indicated, prices shown alongside items do not include shipping costs, which will be displayed when the item is added to the shopping cart. Prices may change at any time, although such changes will not affect orders already confirmed.
Right of Withdrawal Policy.
Pursuant to applicable consumer legislation, the right of withdrawal does not apply to the services provided by Glucovibes, as these fall within legally established exceptions.
In particular, this exclusion applies where digital content is not supplied on a tangible medium and has been fully executed with the prior express consent of the user, who has expressly acknowledged the loss of their right of withdrawal.
Likewise, withdrawal shall not apply to sealed products that cannot be returned for health protection or hygiene reasons, such as body sensors, once unsealed after delivery.
Disclaimer and Limitation of Liability.
Glucovibes does not guarantee the availability or continuous operation of the application. Where reasonably possible, Glucovibes will give prior notice of interruptions. Glucovibes does not guarantee infallibility, or that users will be able to effectively use or access the application at all times.
Glucovibes provides no warranty regarding use of the mobile application or website, nor does it recommend adoption of any particular therapeutic measure based on information stored or received through the application. Glucovibes is not a medical device, does not constitute medical treatment, and does not replace diagnosis or supervision by a medical professional.
Glucovibes disclaims liability for any expectations or utility that users may have attributed to the application, its reliability, or any failures in access.
The user acknowledges that Glucovibes may modify these Conditions at any time. Continued use of Glucovibes following notification of such changes will be deemed acceptance thereof. If the user does not accept the changes, they may terminate the Agreement as provided in the following Clause, without penalty.
Glucovibes has integrated into its app, for the purpose of facilitating food logging by the user, the ability to upload photographs processed with artificial intelligence technology. Glucovibes undertakes to process such photographs exclusively for analysis using AI technologies, including ChatGPT, for the specific purpose of detecting ingredients for entry into the application. Ingredient detection is based on the visual information contained therein and therefore results may not be accurate or complete, and may be modified, deleted, or supplemented by the user. Glucovibes accepts no responsibility for the accuracy or completeness of results provided and disclaims liability for any decisions taken by the user based on such results.
The user guarantees that they hold all necessary rights over the photographs uploaded to the platform and releases Glucovibes from any liability related to copyright infringements, privacy violations, or other claims arising from such content.
Duration and Termination.
This agreement shall enter into force upon the user’s registration in Glucovibes by completing the registration form in all its parts and shall last for the term of the contracted license/plan.
In addition to the grounds for deregistration or cancellation of a user’s account provided in these Conditions, Glucovibes may unilaterally terminate this agreement in the event of the user’s breach of these Conditions. Such termination shall be notified in writing to the user’s email address.
Similarly, the user may terminate their use of Glucovibes, myGlucovibes, and uninstall the application at any time. However, uninstallation does not constitute a request for cancellation of the service. Glucovibes provides a system to request cancellation and deletion of the user’s profile.
Communications.
Communications between Glucovibes and the user will be carried out primarily by electronic means, including email and in-app notifications. By accepting these Terms, the user expressly consents to receive communications by these means regarding execution and management of the contract.
Glucovibes guarantees that all relevant contractual information will be provided on a durable medium. Such communications have full legal validity, without prejudice to the use of other channels as provided herein when necessary.
Customer Service.
Glucovibes provides several contact channels for customer service, including telephone, email, and postal address. When a user submits a complaint, Glucovibes will issue an acknowledgment of receipt and undertakes to address it with the utmost diligence, responding within a maximum of one month.
For any questions, suggestions, inquiries, or complaints, users may contact Glucovibes via email at info@glucovibes.com.
Users also have the right to resort to out-of-court dispute resolution, including the Municipal Consumer Information Office or the Consumer Arbitration Board of their Autonomous Community.
Security and Confidentiality.
Glucovibes implements strict security measures to protect user information. All online payment transactions are processed through secure servers using standard encryption technology, ensuring that banking and financial data remain secure during the transaction. Purchase information is stored in systems specifically designed for this purpose, minimizing the risk of unauthorized access.
- Processing of Personal Data
In terms of personal data protection, Glucovibes strictly complies with applicable legislation, particularly the General Data Protection Regulation (GDPR) and the Spanish Organic Law on Data Protection and Digital Rights (LOPDGDD).
Personal data collected during the contracting process will be used for management and billing of the contracted services.
Upon registration in the app, users are presented with the Privacy Policy governing the processing of their personal data. Said policy forms an integral part of the contract and must be accepted during registration. It details the purposes of processing, the legal basis, possible recipients of the data, retention periods, user rights, and, where applicable, any planned international transfers of data.
- Security Measures
Glucovibes implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including encryption mechanisms, access control, and encrypted storage, to protect personal data against unauthorized access, loss, accidental destruction, or alteration.
- Unistallation and Cancellation
The user may uninstall the App at any time, thereby revoking processing of their data, without prejudice to any statutory data retention obligations that may apply.
- User Rights
The user may exercise at any time the rights recognized in Articles 15 to 22 of the GDPR, including:
- Right of access to their personal data
- Right to rectification of inaccurate data
- Right to erasure (“right to be forgotten”)
- Right to restriction of processing
- Right to data portability
- Right to object to processing
- Right to withdraw consent at any time without affecting the lawfulness of prior processing.
To exercise these rights, users may send a letter with their details and a valid identification document to: Parque Empresarial Zuatzu – Juan Fermín Gilisagasti, 2, Office 312, 20018 Donostia–San Sebastián, Gipuzkoa, Spain, or email: dpo@glucovibes.com.
Glucovibes also informs users of their right to lodge a complaint with the Spanish Data Protection Agency (www.agpd.es).
Glucovibes has appointed a Data Protection Officer (DPO) duly notified to the AEPD, who may be contacted at: dpo@glucovibes.com.
Glucovibes applies the principle of data minimization and access control through technical and organizational measures appropriate to the risk level. Users may exercise their rights through the specific channels provided.
Glucovibes personnel and its providers are subject to strict confidentiality obligations, ensuring that sensitive information remains protected at all times.
Governing Law and Jurisdiction.
This contract shall be governed by and interpreted in accordance with Spanish law, including the Consolidated Text of the General Law for the Protection of Consumers and Users and the Law on General Contracting Conditions, among other applicable regulations. In the event of a dispute, the courts of the consumer’s domicile shall have jurisdiction to hear the matter, with any submission to a different jurisdiction that could be detrimental to the User being expressly prohibited, as well as submission to arbitration systems other than officially recognized consumer arbitration. In the event that the user is a legal entity, the courts of Donostia/San Sebastián shall have jurisdiction.
To ensure the full understanding of these conditions by the user, the contract is provided, at a minimum, in the Spanish language, without prejudice to the possibility of additionally being offered in other official languages.