Términos y condiciones

Términos y condiciones

In order for you to be able to enjoy the Services that we offer, B-wom offers you a license to use both the App as well as its services.

Downloading the App is free, notwithstanding that this may change at any time. However, access to certain services, areas, exercises or content of the App may be subject to the payment of a fee, in which case you will be prompted prior to the transaction.

USE OF DATA

When you create an account with B-wom and accepting our Terms of Service, you consent to:

i.B-wom to store and process the data you provide using B-wom app and through the account creation process solely for the purpose of providing B-wom services to you and to improve B-wom’s features. This means that we might send you information and reminders through the B-wom app or to the email address you provided on registration.

ii.As a clarification, Data from your email to registration to your health / lifestyle / symptoms /  moment of life / habits data

iii.B-wom will not transmit you individual data to third parties unless it we have asked for your

iv.B-wom could use your anonymized data for setting patterns, studies, clinical studies, taking business decisions. B-wom would select to whom this data could be share. You cannot be identified as an indivual in anyway with this anonumized data.

 

You are always allowed to delete your B-wom account, and from this moment we have 60 days to delete your individual data so it can never be linked to you in B-wom’s files. However, the general information, which it doesn´t alows to identify the customer it will become anonymized and remain in our register.

 

Payment and Contract Services

At B-wom we offer our services in a freemium format. This means that access to certain functions or services of the App is completely free, while access to others means the payment of a fee on your part. We will post all of the information and conditions of services, prices and applicable taxes, among others, before you carry out payment for them. Prices will be shown in advance of the transaction in the relevant legal tender of the country from which you access and, failing that, in euros.

Please note that in accordance with current consumer legislation, once you have completed payment you can not exercise the right of withdrawal, since by the nature of the services provided by B-wom, they are exempt from the application of that law.

The foregoing notwithstanding, it is possible for you to obtain a refund for the amount that you paid by returning the product or service when so established in the conditions of the mobile app digital distribution platform that you used to complete the transaction (App Store or Google Play). If you wish to learn more about this option, please consult the legal conditions of the mobile app digital distribution application platform that you used.

The contract will consist of obtaining a license to use the content in question or specific features of the App. This license shall be granted on the same terms as the free services, being governed accordingly by intellectual property clause that you will find in this Legal Notice.

With regard to the form of payment, and unless otherwise indicated, this will be done through the mobile app digital distribution platform that you use. Once the payment has been verified, you may access the services or areas of the App identified in the contract.

Remember that, at any time you wish, you may request an invoice. In such case, we will send the invoice to the email address that you have provided, before 15 working days.

It is possible that the contract for some services and functions may be subject to Special Conditions. In such case, the current Legal Notice will serve a supplementary role to the provisions thereof.

For any questions, comments or payment issues you may contact us at the email address privacy@b-wom.com and we will be more than happy to assist you.

The Coach

You can choose to pay for the The Coach on a monthly, biannual or annual basis. All fees due for The Coach are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly period. Unless otherwise stated, The Coach will auto-renew until you elect to cancel your access to The Coach. All purchases of The Coach are final and non-refundable, except at our sole discretion and in accordance with the rules governing. All the purchases to the Coach are non – refundable, except to our criteria.

 

Termination or Cancellation of The Coach

If you do not pay the fees or charges due for your use of the The Coach, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to The Coach (and may do so without notice).

You can notify us that you are willing to cancel the Coach Services at any time from your profile within the app itself and you will automatically receive the instructions through e-mail to cancel it from the app store from where you downloaded B-wom (App Store or Google Play)

Once you have cancelled The Coach and received confirmation, no other changes can be made to your account. The cancellation of The Coach will go into effect at the end of your current billing cycle, and you will have the same level of access to the The Coach through the remainder of such billing cycle. For example, if you cancel during a given month, you will be charged for the entirety of that month and maintain access to the The Coach through the end of that month.

There are no refunds for termination or cancellation of The Coach. If you no longer wish to subscribe to The Coach, it is your responsibility to cancel it in due time, regardless of whether or not you actively use The Coach.

Fee Changes

To the maximum extent permitted by applicable laws, we may change our prices for The Coach at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Coach and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Coach prior to the change going into effect.

Discount, Coupon or Gift Codes

If you have received a discount, coupon or gift code to the Coach, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the applicable subscription and enter the applicable code in the purchasing process to take advantage of the relevant promotion or partnership. All discounts, gift,  and coupon codes can only be applied when subscribing to The Coach, and they can only be applied to accounts that are not already subscribing to The Coach. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon.[1]  Discount, coupon and gift codes cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Coach service before the end of a free or discounted period if you do not want to continue with a Premium Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted coach, coupon validity dates, and/or purchase quantities. B-wom reserves the right to cancel discounts and coupon promotions at any time.

 

Your rigts as a User

i. We collect the data for the purposes explained above.

ii. Our systems are protected from unauthorized access. You can contact us at privacy@b-wom.com to ask for further questions about the security of our services.

iii. Your individual and identifiable data is only retained to bring you the personalized service.

iv. You can ask for your data to privacy@b-wom.com and you can modify your data. If you have any doubt please contact us at privacy@b-wom.com

By deleting your account you withdraw your consent to your identifiable data and / or by clinking to the link at the bottom of the emails we send you, you can unsubscribe to our newsletter and campaigns or you just can contact us at privacy@b-wom.com

 

Your Obligations as a User

We want to keep the App in an optimal state so that you as well as other users are able to enjoy it at all times. Therefore, you promise us that you shall always make proper use of the App, in accordance with this legal notice and, where appropriate, those particular conditions applicable to each service and, in general, to the law, good faith and public order.

Therefore, any access or other use of the App contrary to what is outlined in the previous paragraph, and in particular, those that may be illegal, abusive, fraudulent, or that may harm the rights of B-wom and/or third parties is prohibited. Also, you promise that you are solely responsible for your usage of B-wom, including all content or information that you choose to share through our services.

Promotions and Notifications

We want you to be a participant in and aware of all the services and news at B-wom. Therefore, we may send you e-mails, newsletters with relevant information about your health and news related to B-wom, commercial communications, notifications or messages through any means, including electronic, to inform you about promotions, products, services and features and updates available at B-wom, as well as in relation to other free or paid services from B-wom which we believe may be of interest to you. You’ll only receive them if you have given consent for these notifications accepting these ToS and Privacy Policy. You can withdraw your consent at any time from both, you can unsubscribe from our newsletter by clicking the unsubscribe link at the bottom of the message and disable notifications sent by B-wom in your device settings.

 

Security and Privacy

Here at B-wom, we care about the security and protection of our users. Therefore, we have implemented technological measures to ensure the security and privacy of your personal information and communications. However, you should remember that by opening an account with B-wom, you accept and assume all liability that may arise from any activity that occurs on it under your username and password.

The password is yours and you are responsible for keeping it confidential, therefore you should not share it with other people or expose it in a way that could reduce or impair the security of your account.

In all cases, providing false or inaccurate information is prohibited, therefore you should always identify yourself using your actual, current and truthful data in order to access the application.

 

Prohibited Activities

In addition to any obligation stated in these Terms, you agree NOT to perform the following activities:

* Impersonate anyone

* Access the source code of the App or perform decompiling acts;

* Sell, license or exploit, for any type of commercial purpose, any use or access to the licensed content and/or services of Bwom, except to the extent expressly permitted by these terms.

* Delete or alter the copyright notices, watermarks, restrictions or symbols that indicate the intellectual property rights of Bwom or any of our licensees.

* Modify the App, as well as circumvent, disable, or interfere with the functions related to the security of the App.

* Make use of the services in such a way that may interfere, hinder, adversely affect or prevent the other users from fully enjoying the services, or that could damage, disable, overburden, or impair the functioning of the services.

We remind you that we reserve the right to delete any user account that violates any of the rules and obligations described in the Legal Warning or that may be deemed inappropriate by Bwom. You will be solely responsible for any failure to comply with said rules, exempting Bwom from any responsibility.

Intellectual and Industrial Property

Please note that B-wom is the owner of all industrial or intellectual property rights, or account with sufficient authorization, over the App and all its content, including without limitation, brands, source and object code, designs, interfaces, text, images, videos or any other material.

In this regard, we give you only a limited, temporary, non-exclusive, license, revocable at any time, so you can enjoy and use B-wom on your devices, in accordance in the Legal Notice for the uses provided herein.

Therefore, any form of reproduction, public communication, modification, and, in general, any act of exploitation of all or part of the contents is prohibited provided that it does not have written authorization from B-wom. Under no circumstances will you be able to exploit, directly or indirectly, partially or completely, any of the contents that make up the App without having the aforementioned authorization in writing. Any technical, logical or technological resources under which a third party may benefit, directly or indirectly, with or without profit, from the contents of the App is prohibited.

Please note that we reserve all rights not expressly granted in this Legal Notice.

 

Our responsibilities

a) About our services

  • B-womdoes not offer medical services, nor does it give medical diagnoses, rather it only offers general advice and recommendations developed from the information submitted to us by the users.B-wom,and its third party service vendors support your self-management of your condition but proper care and treatment of severe symptoms require the oversight of a licensed healthcare professional.

 

Therefore, B-wom does not under any circumstances guarantee improvements to your health. The recommendations and exercises we send are the statistical result of a series of situations and premises to which a few given parameters were applied to produce the same result in the majority of cases. When in doubt, please consult a specialist. If you are unsure where to look or who to ask, you may contact us at hello@b-wom.com and we will be able to offer information to assist you.

  • Users perform the exercises without monitoring or supervising on the part of B-wom, which is not able to verify whether they are executed correctly. Therefore, under no circumstances will B-wom and its third party service vendors be responsible for any health problems that may arise in connection with its services.

 

b) About the App

We will not be responsible for problems with the access or availability of the App, nor for damages that may result from it, provided that they come from factors outside our realm of activity and control, such as your Internet connection, your device, etc.

We will inform you, in addition, that we are not responsible for failures, incompatibilities and/or damage to your devices that could result from using B-wom, particularly when they are not compatible or suitable for using our service.

About Possible Modifications

We recommend that you periodically review these  Terms of Use for changes as every term in this agreement is subject to amendment. We reserve the right to change these Terms of Use at any time to reflect the use of the data, the fulfillment of law rules, or additional features. If any of the changes is substantial and affects differently to what you have agreed, we will notify you by posting notice of these changes in this ToS. Provided however, you have the right to reject such amendment or cancel the contract without cost, penalty or cancellation indemnity by sending the company a notice. Terms and Conditions as they may change at any time, either for legal or technical reasons or due to changes in services or business decisions. In such cases, we will notify you by posting it and if you continue to use it and do not request your deactivation as a user, we will conclude that you accept the changes.

 

Other Information of Interest to You

In the provisions in the conditions that govern the download, use and access of the App, as well as in the interpretation and resolution of the conflicts that many arise between the parties, Spanish legislation will apply because our company headquarters is in Barcelona.

The parties, with express waiver of their own jurisdiction, which, according to law may apply, submit to the jurisdiction of the Courts and Tribunals of Barcelona.

 

The section headings or titles in this document are offered solely to make it easier and more comfortable to read, without in any way these defining or explaining any provisions or legally binding Bwom.

How Do You Get in Contact with Us?

If you have any questions about the Conditions of Use, do not hesitate to get in contact us via our email address privacy@b-wom.com. We will be happy to assist you.

Fecha de última actualización: 28 de Mayo de 2018.