Terms and conditions of use

General conditions of use of the Ama Clinics website and application (15.03.2020)

IMPORTANT – NOTE TO USER: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Please read these general conditions of access and use carefully. They define the conditions and restrictions of use that you accept when you download, access and/or use the Application and/or the Ama Clinics website and services, including limitations of warranty and liability.

You acknowledge that these general conditions are effective in the same way as any other written contract and that you agree to abide by them. Otherwise, you are not authorized to download and use the Ama Clinics Mobile Application and/or website (“Ama Clinics Application”).

The general conditions can be consulted at any time on the Ama Clinics application and/or website and on the www.AmaClinics.com website.

The Application and/or website Ama Clinics and the services associated with it are offered by Parenting Online SL with CIF B88596283 and address at Calle Gil Imon 5 Madrid. To contact us, you can send an email to hola@amaclinics.com

Welcome to Ama Clinics! With the help of our personalized content you will get the best version of yourself.

Here you will find useful information about our terms of use.

WARNING:

The Ama Clinics Application offers content on fertility, pregnancy and the first years of life of babies for Subscribers, and will not be considered in any case a medical diagnosis.

The recommended content may not be recommended for certain people, depending on their state of health (especially people who are not in good physical condition or have health problems, or those who require a specific diet, etc.).

Before using the services, you should consult a doctor or health care professional.

Therefore, before using the Ama Clinics Application, the Subscriber represents and warrants:

That you are in good health and fit to exercise and follow our dietary menus.

That he has consulted a doctor who confirms that he can perform the exercises indicated in the Ama Clinics Application.

That the information you provide us through the Ama Clinics Application is accurate.

That you do not have heart or joint diseases or high blood pressure problems. Of obesity, cholesterol, arthritis, diabetes, or family history of this type.

That you do not have pain, dizziness, loss of consciousness, vertigo during the practice of sports activities.

That no doctor has advised against the practice of sports activities.

That you have no reason to think, for whatever reason, that you should not practice the exercises offered in the Ama Clinics Application or follow the dietary menus.

In case of a problem, or if you do not feel well during the practice of an exercise, stop immediately and call the emergency room or a doctor.

The registered user (“Subscriber”) is informed and acknowledges that the services of the Application and/or Ama Clinics website are offered in digital services and contents, without material support, and that the execution of the contract begins at the moment of the subscription of the service, with the previous agreement of the Subscriber. As such, by using the services, the Subscriber acknowledges that he/she expressly waives his/her right of revocation.

The User and Subscriber are informed that Ama Clinics’ servers may be located in the USA, Europe or Asia and expressly consent to the transfer of their personal data to these servers, which may not offer the level of security required for the processing of their data in the European Union according to the applicable European data protection regulations. However, we will treat your data with confidentiality as indicated in our privacy policy.

Article 1. DEFINITIONS

The terms used, both in the plural and in the singular in these General Conditions shall have the following meaning:

Subscriber: User who has subscribed to a subscription to the services of the Application and/or Ama Clinics website.

Subscription: adhesion by the User to a fee offer provided in the Application and/or Ama Clinics website, which allows him/her to have access to additional functions (not free).

Application and/or website Ama Clinics: Application and/or website published by Parenting Online SL with CIF B88596283 and registered office at Calle Gil Imon 5, 28005 Madrid, Spain, whose use is subject to these General Conditions, including subsequent updates.

User Account: account created by the Subscriber in the Application and/or Ama Clinics website and accessible with an email address and a password to access and use the Services.

General Conditions or Contract: these General Conditions apply to the access and use of the Application and/or Ama Clinics website and its functions and other services of Ama Clinics for the Subscriber.

Services: services offered in the Ama Clinics Application as described in article 4 and in the Ama Clinics Application, as well as the other services offered by Ama Clinics to the Subscriber.

Online Shop: mobile application download platform that allows the download of the Ama Clinics Application for the operating system used in the User’s terminal.

Terminal: any smart phone or tablet connected to the Internet and with an operating system compatible with the Ama Clinics Application and/or website, as indicated in the Online Shop, of which the User is the sole owner or has control and on which the Ama Clinics Application is installed and used.

Ama Clinics: software that publishes the Ama Clinics Application and website and provides the Services, the details of which are indicated at the end of the General Conditions.

User: physical person who has downloaded and uses the Application and/or Ama Clinics website in his/her terminal for his/her personal needs and who agrees to respect the General Conditions.

Article 2 – OBJECT

The General Conditions define the conditions under which the User has the right to use the Application and/or the Ama Clinics website as well as the responsibilities of Ama Clinics and the User.

By clicking on the pop-up window provided for this purpose, the User accepts the General Conditions without reservation and acknowledges that they prevail over any other document relating to the Application and/or the Ama Clinics website.

Ama Clinics may at any time modify, suspend or eliminate the Application and/or Ama Clinics website or the Services, modify the subscriptions, their prices or the General Conditions. These actions will have no impact on the Application and/or website Ama Clinics previously downloaded or the subscriptions already subscribed by the User. The acceptance of the new General Conditions and/or the continuation of the use of the Ama Clinics Application after the entry into force of the modifications constitutes the acceptance of the new conditions.

The Contract is concluded between Ama Clinics and the User excluding the operator of the Online Shop who is not responsible for the Application and/or the Ama Clinics website and its contents. The User also agrees to comply with all obligations related to the download of the Application and/or Ama Clinics website from the Online Shop. The User acknowledges that the operator of the shop and its subsidiaries are the beneficiaries of this Agreement and will have the possibility to oppose the User if necessary.

Article 3 – ACCESS TO APPLICATION AND SUBSCRIPTION

3.1. Access to the Ama Clinics Application: The functions of the Ama Clinics Application and/or website are accessible, after downloading from the Online Shop or from the web browser and creating a User account. Some functions are accessible only to Subscribers.

The User must have a system (hardware and software) that is compatible with the Application and/or Ama Clinics website and an Internet access that is at his/her charge and under his/her responsibility. The use of the Application and/or Ama Clinics website may require periodic updates.

3.2 Demonstrations. The User declares and guarantees to Ama Clinics that

Users belonging to the European Union must be at least 16 years old. In the case of users under this age, it will be the parents or legal guardians who must declare their consent to the use and processing of the minor’s data or give their approval to do so.

You are not located in a country that is subject to a U.S. government embargo designated as supporting terrorism or that is not on a U.S. government list of persons subject to restrictions or prohibitions, including the U.S. Treasury Department’s “Specially Designated Nationals” list, the U.S. Department of Commerce’s “Denied Persons” list, or the “Entity List”.

3.3. Creation of a User Account: The User Account allows the User to manage his/her profile and statements, to access the Services (except those reserved for Subscribers).

The User must create a User Account on the Application and/or Ama Clinics website using his/her email address and a password. The User declares that all information provided to the Application and/or Ama Clinics website is complete, true and updated at all times.

The User acknowledges that his/her credentials and password are strictly personal and confidential. It is therefore forbidden to communicate or share them with third parties. The User is solely responsible for the use of his User Account, as well as all actions and statements made through his User Account.

In no case will Ama Clinics be responsible in case of usurpation of the identity of a user, since it does not have the technical means to systematically ensure the identity of the persons.

The User will be asked to fill in the requested information. That is to say, concretely his name, surname, age, his affiliation to a mutual insurance company or health insurance, indicating which one, telephone number to be able to contact him by phone and to be able to carry out possible surveys, city and postal code.

The User may also spontaneously communicate certain information in the context of the use of the Application and/or Ama Clinics website, especially in relation to his/her activities, weight and height, age and state of pregnancy, as well as the age and state of health of his/her child(ren).

To take advantage of certain functions and services offered by the Application and/or Ama Clinics website, the User can authorize the Application and/or Ama Clinics website to access the tracking of his/her activity carried out in his/her Terminal, managing these parameters in the menu of his/her Terminal.

The information communicated to Ama Clinics is collected and treated in accordance with the confidentiality policy detailed in article 9.

The User guarantees that the data provided at the time of registration and subsequently, whether compulsory or optional, are accurate, sincere and in line with reality.

Under no circumstances will Ama Clinics be responsible for the provision of false or incomplete information by the user or for the consequences thereof.

Article 4 – FUNCTIONS OF APPLICATION AND SUBSCRIPTIONS

Some of the functions of the Application and/or Ama Clinics website may or may not be accessible for free.

Other functions, such as adapted exercises and customized menus are subject to subscription of paid services. Several subscriptions are available on the Application and/or Ama Clinics website, the details of which (such as price, duration and covered Services) are specified in the Ama Clinics Application. The Ama Clinics Application may propose, at its discretion, a free trial period.

The health content provided is intended to complement, not replace, the relationship with your current specialist.

Subscriptions: Depending on the method of payment chosen, the acquisition of a Subscription may involve the provision of additional information.

The price of the Subscription is the current rate shown on the Application and/or Ama Clinics website at the time of Subscription (except for obvious errors) and will be charged at the time of activation of the Subscription, unless a free trial period has been provided. Then it will be charged at the end of the trial period (unless early termination).

You represent that you are fully authorised to use the payment method you use and that you have sufficient funds to cover the cost of the Subscription. Under no circumstances will Ama Clinics be held responsible for the fraudulent use of a bank card or the User’s Account.

The duration of the Subscription begins at the time of commencement of the Subscription and shall be effective for the duration chosen by the Subscriber.

Ama Clinics may reserve the right not to publish the functionalities indicated on its website such as classes, courses, recommendations and health consultations in the event of not reaching a sufficient user level subscribed to Ama Clinics, especially if these functionalities are offered free of charge.

Cancellation: The Subscriber is informed and acknowledges that the Services are offered through digital content, without material support and that the execution of the same begins at the moment of the Subscription of the service, with the previous agreement of the Subscriber.

As such, by using the Services, the Subscriber acknowledges that he/she expressly waives his/her right of revocation.

In the event that there is any element referring to the invoicing about which there is a difference of criteria with Ama Clinics, the Subscriber agrees to inform us as soon as possible, never more than 15 days after the effective invoicing by Ama Clinics.

By accepting these Conditions the User expressly agrees to receive the invoice in electronic format by e-mail to the e-mail address indicated in the User Account. The User can revoke this consent by sending an e-mail to the address indicated, under the subject “Request to receive the invoice in paper format” with a copy of his ID card and the postal address where he wants us to send it.

The Ama Clinics Application and/or Web Site may include links to other services, web pages, applications, including third party advertisements made on our service. We are not responsible for such third party services and make no representations or warranties in this regard. The user accepts that Ama Clinics will not be responsible for any damage or loss that the user may suffer with respect to the access or use of the services linked from the Website or the Ama Clinics Application.

Article 5 – OBLIGATIONS OF THE USER AND THE SUBSCRIBER

The User accepts and agrees not to use the Ama Clinics Application that may be detrimental to Ama Clinics, the operation of the Ama Clinics Application, third parties or the laws in force and these General Conditions.

The User will not publish in or through the Ama Clinics Application any content that infringes the laws and legality in force, or the rights of third parties. Ama Clinics does not monitor user content uploaded to/through the Application and/or Ama Clinics website, but reserves the right to remove any user content at any time, with or without reason. Each user will be solely responsible for the information he or she publishes on/through the Application and/or the Ama Clinics website and guarantees us that such information is true, up-to-date and does not infringe any third party rights or is covered by confidentiality obligations. The user grants Ama Clinics a free, perpetual, worldwide license to reproduce and publicly communicate this information through the Application and/or Ama Clinics website, as well as to transform it in the manner necessary to do so. In the event that a User considers that content available on the App or Website infringes his/her rights or these conditions, please contact Ama Clinics at the indicated email address. We may initiate an investigation, and share relevant information with authorities.

The User acknowledges and guarantees that all statements made in these General Conditions, including the preamble and in the Application and/or Ama Clinics website are accurate.

Article 6 – INTELLECTUAL PROPERTY

Ama Clinics is the owner of all rights and/or legally exploits the Application and/or Ama Clinics website and its contents with respect to the User. The User acknowledges that patents, registered trademarks, models, copyright or other intellectual property rights

relating to the Application and/or the Ama Clinics website, including all modifications, translations, adaptations, improvements, corrections, updates or new versions and derived works, are and will continue to be reserved at all times to Ama Clinics.

The User undertakes to use the Application and/or Ama Clinics website in accordance with the General Conditions and not to infringe the property rights of Ama Clinics in any way. Such violation may result in legal action and the termination of this Agreement.

Ama Clinics grants you a limited, non-transferable, non-revocable, exclusive license to view, download, copy and print the Content retrieved from the Services solely for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice or other proprietary rights notice appearing on or in connection with the Content. While we strive to keep the Content accurate, complete and up-to-date, we cannot and do not guarantee, and are not responsible for, the accuracy, completeness or timeliness of any Content, whether provided by us or our affiliates or by other users. Ama Clinics grants you a limited, non-transferable, non-revocable, exclusive license to view, download, copy and print the Content retrieved from the Services solely for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice or other proprietary rights notice appearing on or in connection with the Content. While we strive to keep the Content accurate, complete and up-to-date, we cannot and do not guarantee, and are not responsible for, the accuracy, completeness or timeliness of any Content, whether provided by us or our affiliates or by other users.

Subject to compliance with the General Conditions, Ama Clinics grants the User a personal, limited and temporary, non-transferable, non-exclusive license to download, install and use the Application and/or Ama Clinics website in its Terminal, in an executable form. Any use not authorized in the General Conditions is prohibited.

In particular but without limitation, the User is prohibited from

Install and use the Application and/or Ama Clinics website and/or use it for purposes other than those specified in this Agreement, and specifically for illegal or commercial purposes;

copy, reproduce, modify in any way, integrate into another product, part or all of the Application and/or Ama Clinics website even to correct errors it may contain, this right must be reserved for Ama Clinics except for copies authorized by law;

disassemble, nor reverse engineer, try to discover the source code (strictly confidential) and/or the specific data files of the Application and/or Ama Clinics website, including to make it interoperable with other hardware or software than those mentioned in article 1.

distribute, give, sell, sub-license or otherwise transfer, even for free, all or any part of the rights conferred by this Agreement, by any means, to any person; as such, the User agrees to delete his/her Ama Clinics Application and/or website from his/her Terminal in the event that he/she would transfer ownership or control to a third party; and

remove, obscure or alter any proprietary notices or marks set forth in the Application and/or Ama Clinics website credits.

Article 7 – GUARANTEES AND RESPONSIBILITIES

Ama Clinics will do everything possible to allow continuous access to the Application and/or Ama Clinics website and to provide accurate information, with diligence and according to the rules of the art, except for interruptions required under maintenance, possible breakdowns, technical or legal restrictions, or the fact of not reaching a sufficient volume of users of the Application and/or Ama Clinics website.

The Application and/or website Ama Clinics arises from a particularly complex area of computer technology and in the current state of knowledge, and cannot be subject to tests of use in all possible circumstances of use and, to the extent permitted by applicable law of obligatory compliance, no other guarantee than those described in these General Conditions can be given to the User. In particular, it is not possible to guarantee the suitability of the Application and/or Ama Clinics website to all the needs and requirements of the User at their own discretion or the continued operation of the Application and/or Ama Clinics website without errors or damage. The application and/or website of Ama Clinics and the services are provided “as is”, as part of the obligation of means.

The User recognizes that the Services and activities of Ama Clinics, do not enter in any case as medical diagnosis or prescription and that the Services are only programs of exercises and general nutrition that do not constitute, and are not intended to constitute, and not be considered as medical prescriptions. None of the Services offered can be considered as a diagnosis or prescription. The User should in any case consult his/her doctor or a health professional regarding whether his/her health condition allows him/her to use Ama Clinics

The Services are guidelines on how to perform certain exercises and/or create dietary menus or to perform certain programs, but it is recommended that the User consult various sources of information, consult his/her doctor before a sports activity and adapt the exercises and programs to his/her state of health. You agree that neither Ama Clinics nor its trainers will be responsible for any injury or physical or mental illness that may result, directly or indirectly, from any of our recommended exercise or nutrition plans.

Ama Clinics assumes the obligation of means in the execution of the Agreement and is not responsible for any defects in the operation of the Application and/or Ama Clinics website by the mere fact of its existence, nor for the results that may be achieved through the use of the Application and/or Ama Clinics website.

The assistance, maintenance and updating of the Application and/or Ama Clinics website for the benefit of the User are not included in the license provided for in these General Conditions. Therefore, the User acknowledges that Ama Clinics has no obligation to provide maintenance and support services for the Application and/or Ama Clinics website.

Ama Clinics is not responsible for the content of third parties possibly accessible through the Application and/or the Ama Clinics website, for its accuracy, legality, quality or its decent character and in general terms cannot guarantee the content and services by third parties via the Application and/or the Ama Clinics website. Such content or services are governed by the applicable provisions and conditions, to which Ama Clinics is not a party. The hyperlinks to other websites are indicative but may evolve according to the will of these third parties.

To the maximum extent permitted by applicable law of obligatory compliance, Ama Clinics is not responsible for any damage arising from the use of the Application and/or Ama Clinics website that does not comply with these General Conditions, the advice of the User’s own and possible doctors or health professionals, or any technical problem of the User in his/her Terminal. Ama Clinics is not responsible if for any reason beyond its control, the Application and/or Ama Clinics website is inaccessible or of poor quality, in particular due to the User, his/her Terminal or the means of accessing and using the Application and/or Ama Clinics website.

The health content provided is intended to complement, not replace, the relationship with your current specialist.

Ama Clinics may reserve the right not to publish the functionalities indicated on its website such as classes, courses, recommendations and health consultations in the event of not reaching a sufficient user level subscribed to Ama Clinics, especially if these functionalities are offered free of charge.

The User is solely responsible for the use he or she makes of the Services and the harmful consequences thereof, with respect to Ama Clinics or third parties, in particular in the event of failure to comply with his or her obligations under these General Conditions.

The responsibility of each party will only be established in the case of foreseeable and emergent damage, resulting from a proven serious failure of their obligations that is directly attributable to them.

The operator of the Online Shop has no warranty obligations with respect to the Ama Clinics Application and any other claims, damages, losses, liabilities or expenses resulting from a defect in the Ama Clinics Application. No claim will be enforceable against him, including (i) claims due to the product, (ii) claims relating to the violation of the Ama Clinics Application of legal or regulatory requirements, (iii) claims relating to consumer protection or confidentiality and (iv) claims relating to the infringement of intellectual property rights of a third party.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, THE LIMITATIONS AND EXCLUSIONS OF WARRANTY AND LIABILITY PROVIDED IN THESE GENERAL CONDITIONS APPLY TO THE GREATEST EXTENT POSSIBLE REGARDLESS OF THE BASIS OF LIABILITY.

If the Ama Clinics Application does not comply with any applicable warranty, the User may send a notification to Ama Clinics

Article 8 – DURATION AND RESCISSION

The User may at any time stop using the Ama Clinics Application, by removing the Ama Clinics Application from their terminal.

The Subscription subscribed by the Subscriber will be applicable for the duration selected by the Subscriber from the offers provided and will be extended by tacit agreement to its term for periods of the same duration, at the rate in effect.

If the User does not wish to renew their Subscription, they may cancel it with 24 hours notice by sending an email to Ama Clinics or by deactivating the renewal in the parameters of their user profile in the application and/or Ama Clinics website.

Likewise, the Parties may terminate the Contract in the event of breach by the other party of its obligations after notification.

In case of termination, for any reason, the User must stop using the Application and/or Ama Clinics website and destroy all copies possibly made. The provisions that must survive termination or cancellation of the Agreement, by their nature or specifically, will continue to apply for the period applicable to you.

Ama Clinics reserves the right to modify, suspend or terminate the Service and/or the Application and/or the Ama Clinics website, either in whole or in part. In the event of final closure, Ama Clinics will return to the Subscribers an amount corresponding to the outstanding period of their Subscription. The Users that use the Ama Clinics Application do so with full knowledge and acceptance of said power by Ama Clinics with respect to contracts, undertaking consequently not to exercise any action against Ama Clinics as a consequence of the use of said power by the User.

Article 9 – CONFIDENTIALITY AND PRIVACY POLICY

9.1. Personal data: the creation of a User Account and the provision of the Services require the collection by Ama Clinics of a certain amount of personal data relating to the User, as described in article 3.

The data collected is necessary for Ama Clinics to fulfil its obligations, in particular for the management of the Subscription, the provision of the Services (in particular the provision of personalised Services) and the exercise of the rights provided for in these General Conditions. Ama Clinics also uses the personal data to create a customer database. The User who does not wish to provide this information cannot use the Application and/or the Ama Clinics website and receive the Services.

The controller of these data is Ama Clinics whose details are provided at the end of the General Conditions, except for data relating to the method of payment which will be processed exclusively by the company Stripe (based at 510 Townsend Street, San Francisco, CA 94103, United States) and/or the Online Shop in question, which is the sole controller.

These personal data are kept by Ama Clinics (or its subcontractor), as a provider of Services throughout the period of use and subscription of the User in safe conditions, according to the current measures offered by the technique. AMA CLINICS allows access to the data to its technical service providers (hosting and email services, mailing) only with the consent of the User, which is granted in this act, or in cases provided by law.

EL USUARIO ESTÁ INFORMADO QUE LOS SERVIDORES DE AMA CLÍNICAS ESTÁ UBICADO EN LOS EE.UU. y/o CANADÁ Y CONSIENTE EXPRESAMENTE A LA TRANSFERENCIA DE SUS DATOS PERSONALES EN ESTOS SERVIDORES.

The contact details of the Users are stored in the servers of Ama Clinics in safe conditions, according to the current measures offered by the technique.

In accordance with the law, the User has the right to access, rectify, correct and oppose the processing of his or her data. To do this, it will be sufficient to make a request to Ama Clinics, sending an email or by mail to the address indicated at the end of the Terms and Conditions, adding a photocopy of your identity card or passport to give evidence of your identity.

At the end of the provision of the Services, the data will be kept blocked for the legally established periods, for the sole purpose of defending the legitimate interests of Ama Clinics. Then they will be definitively eliminated.

For more details, please consult our privacy policy

Article 10 – GENERAL PROVISIONS

10.1. Waiver: The fact that a Party waives the requirement for strict compliance by the other Party with any provision or condition of this Agreement at any time shall not be deemed a final waiver of such provision or condition.

10.2. Nullity of a clause: If a non-essential clause of the Contract is considered null or inapplicable by virtue of a law or regulation or following an applicable decision by a competent authority, the Parties expressly agree that the Contract shall not be affected by the nullity of the clause in question.

10.3. Applicable law and jurisdiction: This Contract with Users domiciled in Spain is governed by Spanish law.

In the event of disagreement or conflict between Ama Clinics and the User regarding the validity, compliance or non-compliance or interpretation of these or, more generally, the relations between Ama Clinics and the User, the parties may resort to mediation or any other competent alternative dispute resolution method established for this purpose in the territory of the User’s domicile.

In the absence of an amicable solution, any dispute will be submitted to the competent jurisdiction in accordance with the Code of Civil Procedure, and the User may initiate proceedings in the competent courts of his/her domicile.

Article 11 – CONTACT

Ama Clinics is a website developed by Parenting Online SL with CIF B88596283 and registered office at Calle Gil Imon 5, 28005 Madrid and contact email hola@amaclinics.com

The User may contact Ama Clinics at the following coordinates: By email at hola@amaclinics.com