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Terms and Conditions

TERMS AND CONDITIONS

INTRODUCTION

BELIEVE operates as an online platform www.believe-app.com (hereinafter “the web”) and as a mobile application (hereinafter “App”) of VIRTUAL SPORTS SYSTEM SL, with the aim of connecting people with a style of Health, manage and share all of their fitness activities.

VIRTUAL SPORTS SYSTEM SL is committed to creating services that improve healthy living habits through the elaboration of diets and exercise routines, therefore, VIRTUAL SPORTS SYSTEM SL offers a variety of products and services, including websites, applications and other products And technology services related to the fitness and welfare of all users (hereinafter “THE USER”).

Your health is very important to us. ALWAYS consult your physician to determine your healthy lifestyle habits before using our tool. BELIEVE or VIRTUAL SPORTS SYSTEM SL are held responsible for their behavior, neither substitute your doctor nor are intended to supplement, let alone to replace the information provided by health professionals.

PARTIES TO THE AGREEMENT AND ACCEPTANCE

1.1 Thank you for your interest in the services provided by VIRTUAL SPORTS SYSTEM SL (hereinafter “services”). By using our services you expressly accept these terms and conditions (hereinafter “the terms”), being bound by these conditions of use and by the privacy policy that is incorporated in these terms.

In addition, by accessing our services, you understand and agree that your Personal Data, as defined by that term in our privacy policy, and user generated content that is shared with a service may also be shared between all VIRTUAL SPORTS services SYSTEM SL.

1.2 All BELIEVE USERS must comply with the following terms, which must be carefully read. In case of non-compliance, BELIEVE reserves the right to disable the account of registered users that violate these conditions and policies of use.

These terms are intended to regulate the use of the website and the App, which is available to the public from the App Store and Play Store. The use of the App by a third party attributes the status of USER and, implies the full acceptance by said User, of each and every one of the conditions that are incorporated in this Legal Notice.

1.3 Because the content of the policies may vary, we recommend you check this page periodically to check if we have incorporated any changes, as it is assumed that when you log in and log in as a registered user in BELIEVE you are aware of the updates in the conditions And usage policies.

1.4 Therefore, if the detailed considerations in the terms do not conform to you, please do not use the website or our App, since any use you make of it or the services and contents included therein will imply acceptance of The legal terms contained in this text.

1.5 These terms shall be in force as soon as the USER makes use of the website or the app in any way.

1.6 By accepting these terms you confirm that you are solely responsible for your health and the consequences of using the tool in it.

LEGAL INFORMATION

2.1 In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following data are reflected below:

* The web domain owner www.believe-app.com is the commercial entity Virtual Sport System SL, CIF: B93454452, with address for these purposes at Calle La Orotava 113, CP: 29006 Málaga.

* Virtual Sport System SL, has the corresponding insurance policy with RC coverage

* Contact email: info@believe-app.com

PURPOSE OF THE AGREEMENT

Currently, BELIEVE offers its users the following applications and information:

3.1 ONLINE PLATFORM www.believe-app.com

3.1.1. USER page, including personal data.

3.1.2 Calendar, which includes a vision of sports activities.

3.1.3 Scheduled routes

3.1.4 Events.

3.1.5 Challenges

3.1.6 My stand.

3.1.7 Configuration

3.1.8 Find Friends

3.1.9 Help

3.2 MOBILE APPLICATION

3.2.1 BELIEVE is available in App format for Apple iPhone, Android and other smartphones that are commercialized on a global scale.

3.2.2 This application works in isolation on your smartphone as accessing through the web page.

3.2.3 With the consent of the user, the relevant data is transmitted from the smartphone to the Online platform, and shared in other social networks (eg Facebook).

REGISTRY

4.1 In order to use BELIEVE in both its web version and App, previous and free registration is required.

4.2 The USER introduces under his responsibility the data in the application, stating expressly that he is of legal age and with sufficient legal capacity for the proper use of it. In general, in order to make use of the BELIEVE Services, minors must obtain prior authorization from their parents, guardians or legal representatives, who will be responsible for all acts carried out through this mobile application by minors to Its position and its implications or consequences.

4.3 Upon registration, the USER confirms his knowledge and acknowledgment without limitation of the content of these terms.

4.4 Each USER must register with BELIEVE once, confirming with his registration that he has not registered an account with BELIEVE before.

4.5 Users can register in two ways:

4.5.1 Registration using the form provided at www.believe-app.com.

The user enters the mandatory information required for registration (name and surname, date of birth, weight, height, email, password, nationality, province, sex and level).

4.5.2 Registration through information contained by the user on Facebook.

The registration via Facebook requires the consent of the USER by ticking the appropriate box, being warned by Facebook, integrating this notice into the BELIEVE network. The user can also choose this option to complete the registration from the web page.

4.6 After registering correctly, the USER can log in to the web and in the App by entering his / her e-mail address and the chosen password or logging in via Facebook.

4.7 BELIEVE reserves the right to reject users who violate these terms and conditions, without having to justify their decision. In this case, the data provided will be deleted without delay.

4.8 BELIEVE is not responsible for the actual identity of the USER, since the actual personal identification through the internet is only possible to a limited extent. Each USER will have to confirm for himself the identity of other users before entering into any form of interaction with those users.

4.9 BELIEVE is not responsible for any loss resulting from the unauthorized use of your username and password, with or without your consent. If you have created an account, you are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and you must immediately notify our Support Team about suspected loss, theft, or unauthorized use of Your account or account password.

4.10 If you forget your password, click on the login page and “I forgot my password” to create a new password.

ELIMINATION OF REGISTRATION

5.1 Each USER has the right to delete his account both on the web and in the App at any time. To do this, go to the settings of your account in your profile and once requested account removal, BELIEVE will confirm such removal.

5.2 BELIEVE reserves the right to remove user accounts due to non-compliance with these terms.

5.3 All personal data provided by the USER in the account registration will be deactivated. Any details made public by the user (e.g. routines, brands, etc.) will be transformed into anonymous.

CONDITIONS OF USE OF BELIEVE. USER RESPONSIBILITY

6.1 The USER agrees to use the online platform and the App for the purpose of enjoying the services offered in said platform according to the Law and these terms and conditions.

6.2 The USER assumes responsibility for the use of the portal. This responsibility extends to the registry that is necessary to access certain services or contents. In this registry, the USER will be responsible for providing truthful and lawful information and keeping such information up to date. As a result of this registration, the USER undertakes to make diligent and confidential use of both his username and password.

6.3 The restrictions of use are as follows:

The USER is committed to making appropriate use of the contents and services (participatory tools) that BELIEVE offers both in its online platform and in the App.

Notwithstanding the foregoing, but not limited to, the USER shall refrain from:

-Use the web and the App, as well as the services rendered through it for purposes or effects that are illegal or contrary to the content of these General Terms and Conditions of Use, harmful to the interests or rights of third parties, or that in any way May damage, disable or impair the website, the App or its services, or prevent a normal enjoyment of the App by other Users.

-Incurring in illegal activities, illegal or contrary to good faith and public order by using the App for purposes other than those of its creation.

-Difundage of contents or propaganda of a racist, xenophobic, pornographic-illegal character, of apology of terrorism or against Human Rights.

-Destroy, alter, disable or, in any other way, damage the data, programs or electronic documents and others found in this App.

-Obstaculizar access of other users to the access service through the massive consumption of computer resources through which the owner of the App provides the service, as well as perform actions that damage, interrupt or generate errors in such systems. The User undertakes not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any alteration in the computer systems of the owner of the App or third parties.

-Provide damage to the physical and logical systems of BELIEVE, its suppliers or third parties, introduce or disseminate on the network computer viruses or any other physical or logical systems that are likely to cause the aforementioned damages.

-Try to access and, if necessary, use the accounts of other users login and modify or manipulate their habits and routines.

-Publicate false, incorrect or defamatory content about other users

-Vulnerar los derechos de propiedad intelectual e industrial conforme a lo establecido en el punto 8.

6.4 BELIEVE reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that attack against youth or children, order or public safety or Which, in its opinion, were not suitable for publication. In any case, BELIEVE will not be responsible for the opinions expressed by users through the participation tools.

DISCLAIMER OF LIABILITY

1 From BELIEVE we warn you of the need to consult your doctor ALWAYS BEFORE STARTING TO USE OUR APP, as BELIEVE does not provide any medical advice, which is why we are not responsible for damages of any kind arising from:

– Do not consult your doctor before starting to use BELIEVE.

“Any imprecision in the system.

– Failure to comply with the laws, good faith, public order, uses of traffic and this legal notice as a result of improper use of the App.

-The adverse effects that may occur in the health condition of the USER.

7.2 The function of this application is to guide the user without it replacing the medical opinion of the appropriate professional, diagnosis or treatment; Therefore, the USER uses it at its sole risk and / or liability. ALWAYS consult your doctor to determine your healthy lifestyle habits before using our tool since neither BELIEVE nor any of the services of VIRTUAL SPORTS SYSTEM SL are responsible for their behavior, nor substitute for their doctor nor are they intended to complement, and Much less to replace information provided by health professionals.

7.3. The USER is solely responsible for the results of its physical activity, expressly assuming that its activities that generate the content that it publishes or seeks to publish carries with it certain inherent and significant risks of property damage, physical injury or even death, and voluntarily assumes The known and unknown risks associated with these activities, even if the cause, arises in whole or in part from the action, inaction or negligence of BELIEVE or others, accepting that BELIEVE will not assume any responsibility in this regard.

7.4 The USER is solely responsible for the infractions that may be incurred or any damages that may be caused by the use of the website and the App, with BELIEVE, the group companies, employees, employees and representatives, exempt of any kind Of liability that could be derived by the actions / omissions of the USER.

7.5 BELIEVE shall be exempt from liability for the improper use of the activities promoted therein, whether by action or omission of the USER.

7.6 BELIEVE is exempt from liability arising from contents not elaborated by the same.

7.7 BELIEVE shall use all reasonable efforts and means to provide up-to-date and reliable information on the web and in the App, however, BELIEVE does not assume any guarantee regarding the absence of errors, or possible inaccuracies and / or omissions in any of The contents accessible through the online platform and in the App.

7.7 The USER is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against the BELIEVE based on the use by the User of the App.

7.8 BELIEVE is excluded from all liability arising from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system, caused by causes beyond BELIEVE. Access to the website does not imply an obligation on the part of BELIEVE to control the absence of viruses, worms or any other harmful computer elements. It is the responsibility of the USER, in any case, to provide adequate tools for the detection and disinfection of harmful software.

7.9 BELIEVE is also excluded from any responsibility that could be caused by delays or blockages in the operation of this electronic system caused by deficiencies or overload on telephone lines or on the Internet, as well as damages caused by third parties through illegitimate intrusion outside the Control of BELIEVE.

7.10 BELIEVE is entitled to temporarily suspend, without prior notice, the accessibility to the web for maintenance, repair, update or improvement operations.

7.11 The opinions, statements, etc., issued or manifested in this App are not their responsibility but those who emit or manifest them. The App reserves the right to delete those content and opinions that are unreliable, contrary to Law, morality, public order, and good customs.

7.12 Access to the web and the App requires third party services and supplies, including transport over telecommunications networks whose reliability, quality, continuity and operation does not correspond to BELIEVE. Consequently, services provided through BELIEVE may be suspended, canceled or inaccessible, prior or simultaneous to the provision of the service.

7.13 BELIEVE assumes no responsibility for any anomalies caused by the download of the App. The User is solely responsible for the damages caused to his smartphone / tablet or loss of information.

INTELLECTUAL AND INDUSTRIAL PROPERTY

8.1 The intellectual and industrial property rights in the works, trademarks, logos, distinctive signs, commercial names and any other subject to protection, contained in the website and in the App corresponds exclusively to VIRTUAL SPORTS SYSTEM SL (or to third party licensors) To whom the exclusive exercise of the exploitation rights of the same in any form and, especially, with enunciative character and not limitation, the rights of reproduction, copy, distribution, transformation, commercialization, and public communication. Unauthorized reproduction, distribution, marketing or transformation of such works, trademarks, logos, etc. Constitutes an infringement of the intellectual and industrial property rights of VIRTUAL SPORTS SYSTEM SL or of the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.

8.2 By accepting these General Conditions of Contract, the USER undertakes to respect the Industrial and Intellectual Property rights owned by VIRTUAL SPORTS SYSTEM SL and third parties.

DATA PROTECTION

9.1 BELIEVE complies with the guidelines of Organic Law 15/1999 of 13 December on the Protection of Personal Data, Royal Decree 1720/2007 of 21 December, which approves the Regulations for the development of the Organic Law. Notwithstanding what is stated in each of the forms of the App, when the USER provides his personal data is expressly authorizing VIRTUAL SPORTS SYSTEM SL to the treatment of his Personal Data for the purposes indicated therein . For this, together with each form of collection of personal data, in the services that the USER can request, it will inform the user of the existence and acceptance of the particular conditions of the treatment of his data in each case, informing him of the responsibility Of the file created by VIRTUAL SPORTS SYSTEM SL, the address of the person responsible, the possibility of exercising their ARCO rights (access, rectification, cancellation or opposition), the purpose of the treatment and the data communications to third parties where appropriate.

9.2 The USER may exercise his rights of Access, Rectification, Cancellation and Opposition (“ARCO Rights”) in accordance with the legally established terms, having to send a communication by post to the address located at Calle La Orotava 113, CP: 29006 Málaga or sending An email to the following address: info@believe-app.com, indicating in both cases your name and surname.

9.3 In addition, BELIEVE informs that it complies with Law 34/2002 of 11 July, on Services of the Information Society and Electronic Commerce (hereinafter “LSSI”) and will request its consent to the treatment of its mail Commercial purposes at any time.

9.4 BELIEVE may disclose your personal data to third parties. This disclosure may be necessary to provide you with our Services and to access them, to fulfill our legal obligations, enforce our Terms of Use, exercise our marketing and advertising activities or to prevent, detect, alleviate and investigate any activity Fraudulent or illegal in our services.

9.5 BELIEVE adopts the levels of security required by Royal Decree 1720/2007 of 21 December, which approves the Regulations for the development of Organic Law 15/1999 of 13 December on the Protection of Personal Data (Hereinafter “LOPD”), appropriate to the nature of the data being processed at any time and in particular the levels of protection relating to specially protected health data.

9.6 In compliance with Article 22.2 LSSI, BELIEBE will only use data storage and retrieval devices (“Cookies”) when the user has given his / her prior consent in accordance with what is indicated in the browser pop-up window Of the user when he first accedes to the Portal and in the other terms and conditions that are indicated in the POLICY OF COOKIES OF BELIEVE that every user must know.

APPLICABLE LAW AND JURISDICTION

10.1 In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions and all those matters that are and are related in whole or in part to the services provided through the web and the App, Will submit the current Spanish legislation and the Courts and Tribunals of Malaga, which, if applicable, will hear the case.

10.2 In the event that the USER has his domicile outside Spain, the user expressly waives any other forum, submitting to the Courts and Tribunals of the city of Malaga.

Last updated 11/9/2016