Legal conditions Airway Gym

1.- Object

1.1.- These conditions regulate the use of "Airway Gym", a service provided by Apnea Bye, S.L., company established in Seville, 16 Arjona Road, 41001, ID number B90364753, registered in the Commercial Registry of Seville in volume 6516, folio 123, section SE8, page 116972.

You can contact our Customer Service via email on info@airwaygym.app, or by phone +34 658 05 96 69, from Monday to Friday from 8 a.m. to 1 p.m. (Greenwich Time).

1.2.- Download, installation and/or use of the application AIRWAY GYM, or the registration as a Trainer on the website https://airwaygym.app shall imply the full and unreserved acceptance of these terms and conditions by the User,constituting a contract between the User and APNEA BYE, S.L..

1.3.- The User expressly declares to be of legal age or in any case to be fully qualified according to their own legislation to contract and assume the rights and obligations of this contract.

2.- Description and operation of the service

2.1.- AIRWAY GYM is a service that provides information that, properly applied and with the corresponding trainer advice, allows to tone the upper airway musculature. Nevertheless, AIRWAY GYM neither qualifies as a sanitary product or medical device, nor, therefore, is subject to the requirements determined by the corresponding national and European regulations for such products or services. For more information, see section 6 of these Conditions.

2.2.- AIRWAY GYM is (a) a computer application for mobile devices that incorporates a series of guidelines and exercises aimed at toning the upper airway musculature, as well as (b) a web platform (available at https://airwaygym.app) that allows managing the User's profile and activity and also monitor and control it.

AIRWAY GYM also allows to connect the activity of the Gymnast with personal trainers so that they supervise, control and direct the activities and exercises offered by the App. The services of the referred professionals are, in any case, unrelated to APNEA BYE S.L., and will be governed by the agreements or pacts Gymnasts will establish with their Trainers.

The access by personal trainers to the profile and data of the Gymnast will be done by means of a code the Trainer will provide to the Gymnast directly. Once the code has been entered into the App, the Trainer can access such data.

2.3.- AIRWAY GYM is available for mobile devices that support the iOS operating system in versions 9.2 or newer, and Android in versions 4.4 or newer. In order to access and use the App, you must proceed to download it directly from the Apple App Store or Google Play, and accept the terms and conditions. Specifically, the Application will not access the contacts or the user's location, although it collects information related to the user ID in the Apple Store service (Apple ID) and/or the corresponding one in Google Play and the acceptance date and time of these legal conditions, which is required by the service. Likewise, we will collect the date, time and duration of the accesses to the App, the content that you access, and the evolution and historical activity of the Gymnast, and must allow the storage and modification of data in the device (either internal storage or memory card) and the use of data connectivity services through the device.

2.4.- The use of the service requires registration as a Trainer through the website https://airwaygym.app or as a Gymnast through the application for mobile devices.

In the event that the Gymnast suffers from any limitation or physical disability, he/she should seek his/her doctor’s opinion about using the App.

3.- Costs

3.1.- The use of AIRWAY GYM is subject to the payment of a fee, in concept of registration and activation of the service, which will be billed through the payment platform of Apple's App Store or Google Play. All the other features will be free.

3.2.- The Gymnast must also take into account that the use of the App in Mobile Roaming (outside of the usual geographical area determined by the operator of electronic communications services) may be subject to the payment of higher or additional costs to those established in general by the corresponding operator. These costs depend in all cases on the contract and fees of your operator, therefore APNEA BYE S.L. will not assume any responsibility for the above.

3.3.- The use of AIRWAY GYM is independent from the counselling and/or monitoring that the Gymnast contracts with the corresponding professionals, which will be governed in accordance with the agreements made by the parties..

4.- Personal data protection

4.1.- Through AIRWAY GYM, personal data is collected and obtained, including user identification data and device, and other data determined in section 2.3 above. This data is processed and stored by APNEA BYE S.L., to provide the corresponding services to the service in accordance with these conditions, and is incorporated into our systems. All the data obtained at the time of downloading, access and use of AIRWAY GYM are necessary for its use in accordance with these conditions, being the provision of the referred service the legitimate interest that empowers its treatment.

The User gives its consent to the corresponding treatments according to the use of AIRWAY GYM, which will be kept during the term of this contract, and subsequently only for the purposes of possible claims and during the limitation period. Likewise, the User declares that all the information provided in the activation or afterwards, is complete, truthful and updated, guaranteeing and responding to all the consequences, damages that any error or omission could cause to APNEA BYE, S.L..

4.2.- The User's data will be treated confidentially, technical or organizational measures established in the current national and European legislation will be applied to prevent their undue access, manipulation or elimination, unless you express your consent to transfer your data to other entities or third parties outside the legally permitted cases.

4.3.- In the event that the Gymnast contracts its own counseling or follow-up related to tone the upper airway musculature, we inform that the corresponding professional will have access to the data about the Gymnast entered and generated through AIRWAY GYM. The Gymnast must expressly validate the corresponding Trainer to provide him/her access by entering the corresponding code in the service, which will imply an unequivocal authorization and the corresponding data processing. The treatment of such data for health purposes will be the sole responsibility of the corresponding Trainer, who must manage and keep it in accordance with current regulations, and apply the relevant security measures.

4.4.- The User, using the address indicated in these conditions and in writing, may request APNEA BYE SL access to personal data relating to the interested party, its rectification or deletion, as well as exercising the rights of limitation of its treatment, opposition and data portability according to the corresponding regulations. Likewise, the affected party may, at any time, withdraw the consent or authorization for the processing of their data, unless it is necessary for the provision of contractual services from APNEA BYE, S.L..

Likewise, we inform you of the possibility of submitting a claim to the Spanish Data Protection Agency in case you consider that the treatment of your data is not adequate.

5.- Intellectual and industrial property

5.1.- AIRWAY GYM, including its contents and incorporated elements, is all exclusive property of APNEA BYE S.L. or third party suppliers, and is protected by international laws and treaties on intellectual and industrial property, including, but not limited to, its source code and object, databases, structure, graphic interface, design and look and feel, images, texts, trademarks or trade names, sounds or other objects or added content.

By accepting these conditions, APNEA BYE, S.L. grants the User a non-exclusive, non-transferable AIRWAY GYM use license and without territorial limitation, for the duration of this contract, circumscribed and with the limit and sufficient measure to access and use it in accordance with the purposes indicated in these conditions.

The rights on contents of third parties correspond to the legitimate owners thereof. No provision established in this contract may be understood as a license, assignment or authorization that allows the reproduction, transformation, distribution, public communication or any other act of exploitation thereof.

5.2.- The User agrees to use AIRWAY GYM and the elements indicated for himself, not being able to, including but not limited to, lease, loan, sell or sublicense the foregoing in its entirety or separately, or perform any act of reverse engineering, decompilation , reproduction, transformation, public communication or distribution of its elements in any form, unless otherwise expressly provided by law.

5.3.- The denominations and/or logos related to AIRWAY GYM constitute trademarks, duly registered with the corresponding public bodies. Its use is authorized provided that it makes an explicit and faithful reference to this service and activities of APNEA BYE, S.L., with the limitations established by law, without implying the granting of any rights over it.

5.4.- Failure to comply with the provisions of the applicable regulations and these conditions may lead to civil and criminal proceedings due to infringement of rights.

6.- Liability and guarantees

6.1.- APNEA BYE S.L. will not be responsible for the inadequate functioning of the service, including damages in case of failures, interruptions or unavailability of the service and in general any circumstances that depend on third-party suppliers or intermediaries, arising from maintenance, updating or website security procedures and/or the App for mobile devices, or in case of improper use of AIRWAY GYM. In particular, due to failures in the location or related services by the Gymnast's mobile terminal or by the use of non-compatible devices.

6.2.- Neither will be responsible for the content or services provided by third parties, especially its truthfulness, timeliness, accuracy or results. In particular, APNEA BYE S.L. will not assume, guarantee or respond to the results obtained by such services, their quality, compliance, results, damages or any other circumstance that affects the services specifically provided by third parties, must be resolved between the parties involved.

Regarding the above, AIRWAY GYM is a solution that allows third parties (Personal Trainers) to provide specialized services to Gymnasts who request so, without intervening beyond providing access to user data that the Gymnasts authorizes in accordance with these terms.

6.3.- AIRWAY GYM is an application that includes exercise tables and information geared to tone the upper airway musculature. The information is for purely informational purposes for which it can never replace a myofunctional therapist or the medical treatments that can be provided by the corresponding health professionals. The AIRWAY GYM service does not constitute or substitute the services of medical advice, diagnosis, control, follow-up or treatment, it is not considered as a sanitary product or medical device according to the applicable sectorial regulations, nor APNEA BYE S.L. provides, in no case, directly or indirectly, health or medical services, which will be provided directly by the professionals with whom the Gymnast contracts, but information, recommendations or exercises of a general nature and without purpose or determined results, which may be used by the Gymnast at his/her own risk and with trainer control..

It is the responsibility of the Gymnast to register the Trainer, if he/she finds it appropriate. The Gymnast must demand that the Trainer respects the required regulations, in particular with regard to health service, health and data protection..

AIRWAY GYM is not responsible for the misuse of the platform by the Gymnsat or by the Trainer the User registers to follow up his/her progress..

The use of AIRWAY GYM is reserved for people who have good physical and psychological conditions. In case of doubt, the Gymnast should talk to his / her GP, physiotherapist or PT before using the App.

The Gymnast uses the application voluntarily at his/her own risk. In the event of any discomfort, the Gymnast should stop the exercises and consult his/her doctor.

The Gymnast is responsible of carrying out the exercises offered by the Coach. Under no circumstances, AIRWAY GYM will be responsible for the wrong performance of any of the exercises, of any previous injury, future injuries or impairment that the Gymnast may suffer while using the App.

6.4.- The Gymnast is aware that AIRWAY GYM is subjected to the requirements and obligations established in the App Store of Apple and Google Play for user-generated contents, and accepts the restrictions and limitations provided by these platforms. In particular, the user agrees to not introduce or spread in AIRWAY GYM contents relating to child pornography, explicit sexuality, which induce, encourage or praise hatred, discrimination for any reason, violence, terrorism, harassment, or anyone else that could be considered criminal, inappropriate, offensive or injurious to third parties. Failure to comply with these obligations will lead to the elimination and/or the corresponding content blocking, and cancellation of the service for the user, without prejudice to the exercise of legal actions that apply.

Any user can report the existence of such contents by the AIRWAY GYM application Help Form or by the Contact Us section on the website.

7.- Duration and resolution

7.1.- This contract will have an indefinite duration, and can be resolved at any time at the request of any of the parties notifying us about it directly, or if the User uninstalls the AIRWAY GYM App from his/her mobile phone. The previous resolution will not prevent APNEA BYE S.L. from continuing to use the disaggregated and anonymized data obtained by the service.

7.2.- The breach of these terms by the Gymnast, specially failing to meet the contractual payment obligations, will imply that APNEA BYE S.L. will block the User from using the App and its services, as well as terminate this contract immediately.

The Gymnast is responsible for making periodic copies of the information and data stored in the service. Once the contract is terminated, the data will be blocked, without prejudice to the data storage in the terms established by law.

8. Modifications

8.1.- APNEA BYE S.L. reserves the right to make, at any time, modifications and updates in AIRWAY GYM, its availability and presentation, as well as these legal conditions, without prejudice to the acquired rights.

8.2.- Any modification will be notified through the service in advance. Your continued use of the App following the posting of changes will mean that you accept and agree to the changes.

9.- Applicable law and jurisdiction

This contract shall be governed by and construed in accordance with the laws of Spain in all matters not expressly stated. The contracting parties, by specifically renouncing any other rights that they may be entitled to, are subject to the jurisdiction and competence of the Courts and Tribunals of Seville (Spain), except when it is not legally permitted, for the resolution of any question that may arise in relation to the matter.

 

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