1. Purpose of the Contract
This user license agreement is a pact between you (the USER) and CORI HEALTH & CARE, S.L.U., with Tax Identification Number no. B01740364 and address in Spain, at Diputación Foral de Álava 4, 3rd floor, Postal Code 01001 of Vitoria (Álava), in Spain, registered in the Registro Mercantil de Álava, Volume 1705, Page 221, Sheet VI-20033, Entry 1st.
The purpose of this contract is to regulate the terms and conditions for granting a non-exclusive, personal, and non-transferable license to use FitWoody, in accordance with the terms and conditions provided in the contract. This software has the features, specifications, and functionalities described in Apple’s App Store.
2. Scope of the Software License Use
Through this contract, CORI HEALTH & CARE, S.L.U. grants the USER a non-exclusive, personal, non-transferable right to use FitWoody for the period indicated in the Fourth clause of this contract.
CORI HEALTH & CARE, S.L.U. holds the intellectual, industrial, and exploitation rights of the FitWoody application, so the USER does not acquire any rights of this type other than use. In particular, the USER may not reproduce, introduce improvements, make new updates, successive versions, or derivative programs, nor, in general, adaptations or modifications.
The USER also may not, by themselves or through third parties, access, modify, or utilize the source code, decompile, reverse engineer, or disassemble except to the extent permitted by law, nor assign, sublicense, distribute, rent, transmit in any other way copies of the software, nor exploit it themselves, through third parties, or on behalf of third parties.
The usage license also includes updates that may be made to the version acquired by the USER but not custom developments that may be of interest.
In any case, the license is granted for a single user who may install the FitWoody app on all their personal devices. In any case, if the USER contracts the Pro version, they may share it for free with their family using “Family Sharing,” something that must be configured from the App Store and iCloud.
FitWoody can be used free of charge, but the use of all the features it offers requires a paid subscription. The amount for each subscription option is as indicated in the specific section of the Apple App Store. The Pro version may have an indefinite duration, which will be paid at the time of purchase, as well as monthly and annual duration options, which will be paid at the beginning of each renewal according to the duration or frequency chosen by the USER.
If there is a change in the price of the different subscription options, the renewal will maintain the price that is most favorable to the USER. Thus, if there is a price increase, the renewal will be charged at the previous amount.
All taxes that apply to the purchase or hiring of the FitWoody usage license will be the responsibility of the USER.
In any case, if the USER wishes to make a claim about the amount paid or request a refund, they must do so through the Apple App Store, for which a button has been enabled in the FitWoody application’s «Settings». To learn more, visit https://support.apple.com/HT202039 and https://www.apple.com/legal/internet-services/itunes/us/terms.html.
The duration of this contract, and therefore of the usage license and the ability to use FitWoody, will depend on the type of subscription selected or contracted by the USER:
- Free version: indefinite duration, until the USER wishes to stop using and deletes the app from their device.
- Pro version: this may have a monthly, annual, or indefinite duration, until the user wishes to stop using and deletes the app from their device.
In the case of subscriptions that are not of indefinite duration, they will automatically renew unless the USER cancels it 24 hours before each expiration, whether monthly or annually. To manage this, a button has been enabled in the FitWoody application’s «Settings» that directs you to the Apple App Store.
The installation of the FitWoody app must be performed by the USER following the steps indicated in the Apple App Store.
7. Obligations of the Parties
- Obligations of CORI HEALTH & CARE, S.L.U.
CORI HEALTH & CARE, S.L.U. must comply with the following obligations:
- Ensure the functioning of the FitWoody app, in accordance with the features published on the Apple App Store.
- Perform necessary updates on the version purchased by the USER.
- Make, during the term, the necessary modifications and corrections of all possible operational errors.
- Collaborate with the USER as necessary for compliance with this contract.
- Fulfill any other obligations contemplated in this contract.
- Obligations of the USER
The USER must comply with the following obligations:
- Be over 14 years old.
- In the case of purchasing a paid subscription, pay the price of the corresponding usage license and, where applicable, each renewal.
- Follow the installation instructions.
- Have a device that is compatible with the app to use it correctly. To know the compatibility at any time, consult the technical sheet of FitWoody on the Apple App Store.
- Maintain the confidentiality of their password, without sharing it with third parties.
- Maintain the confidentiality of the information stored in FitWoody, without sharing it with third parties in order to preserve their privacy. It is the USER’s responsibility for the application’s usage and, where applicable, the consequences arising from sharing information stored in FitWoody with third parties.
- Regularly back up the data processed through FitWoody. In this regard, it is important that the USER understands that, as FitWoody data is stored on their mobile phone, if they do not synchronize it with iCloud or other services like Apple Health, they would lose the data in the app if the device is damaged or lost, so it would not be available when activating the app on a new mobile phone.
- Collaborate with CORI HEALTH & CARE, S.L.U. as necessary for compliance with this contract.
- Notify CORI HEALTH & CARE, S.L.U. of any operational errors detected so that they can make necessary corrections and modifications.
- Respect the intellectual property rights of CORI HEALTH & CARE, S.L.U. over FitWoody.
7. Security Measures
FitWoody has implemented the highest security measures that are within our reach and that existing technology allows at any given time. Additionally, we conduct regular reviews to improve the app’s security.
In any case, FitWoody complies with the security requirements set by Apple and the App Store for developers.
8. Service Level Agreement
FitWoody is not installed on our servers or on servers hired by us, but is installed on the USER’s device, so we cannot control the use made of the app, nor guarantee the security of the device or the availability of the app on it. Likewise, in the event that the user synchronizes the FitWoody app with iCloud or other services such as Apple Health, the Service Level Agreement (SLA) of the respective application will apply.
What depends on us is that the application functions correctly with respect to the features it offers. Therefore, if any incident occurs affecting the operation, we will resolve it as soon as possible, in any case within a period of less than 14 natural days from when we are notified of the incident, or, in the absence of notification, from when we become aware of it.
CORI HEALTH & CARE, S.L.U. guarantees to the USER that the program will function correctly during the term of this contract and that it complies with the technical specifications contained in the Apple App Store.
CORI HEALTH & CARE, S.L.U. undertakes to make the necessary modifications, adjustments, and corrections to resolve the program errors notified in writing by the USER. This obligation will not apply when the USER makes improper or negligent use of the app, or does not use it according to its technical requirements.
The app is delivered to the USER as is, as is known by them, and it is therefore not guaranteed to achieve a specific result or to serve a specific purpose or to meet specific expectations. In this regard, it is expressly stated that although FitWoody allows the USER to track daily activity, sleep, and exercise, IT IS NOT A MEDICAL APPLICATION; therefore, all decisions related to health should be prescribed, guided, and controlled by their doctor.
CORI HEALTH & CARE, S.L.U. shall not be held responsible, nor shall errors be covered by this warranty, that are or have been caused by the use of the APP or any elements of it, or its manipulation (especially the source and/or object codes). In the case of manipulation of the object and source codes of the program, CORI HEALTH & CARE, S.L.U. will be exempt from any liability.
CORI HEALTH & CARE, S.L.U. will not be liable for any damages that the USER may suffer as a result of using FitWoody, and will only be responsible for those that occur through intentional misconduct or gross negligence. However, the maximum amount of compensation will be the price paid by the USER for the licensing of the app.
FitWoody is not a medical application but a tool designed to monitor daily activity, sleep, and exercise. All decisions related to health must be prescribed, guided, and controlled by the USER’s doctor. Therefore, CORI HEALTH & CARE, S.L.U. assumes no responsibility for any damages or consequences that may be suffered, nor for possible complications.
CORI HEALTH & CARE, S.L.U. only guarantees compliance with the functionalities and technical specifications of FitWoody as advertised.
11. Intellectual and Industrial Property
The USER acknowledges that all intellectual and, where applicable, industrial property rights of the program belong solely and exclusively to CORI HEALTH & CARE, S.L.U. Therefore, the USER does not acquire any intellectual property rights or any other rights over the software, beyond the right of use under this contract.
The USER is expressly prohibited from reproducing, transmitting, modifying, adapting, creating new versions or derivative programs, decompiling, reverse engineering or disassembling, sublicensing, distributing, and any other activity described in the second clause, without the express authorization of CORI HEALTH & CARE, S.L.U.
This contract will be terminated for the general causes established in Spanish and European regulations, and specifically for the following reasons:
- Upon the expiry of its duration as contemplated in the fourth clause, and in any case, the type of subscription chosen by the USER.
- By mutual agreement between the parties.
- By breach of the contract by either party.
- For other reasons provided by law.
In the event of a breach by either party of the obligations arising from this contract, the other party may terminate the same without prior notice or compensation, with communication of such termination to the other party being sufficient. This is without prejudice to the indemnities that may correspond for damages or losses.
14. Resolution of Queries and Doubts
Should the USER have any questions or concerns regarding the terms of this license agreement, they may contact us by sending an email to email@example.com.
15. Applicable Legislation and Jurisdiction
The legislation of Spain will apply to this contract. For any discussion or dispute concerning the interpretation or compliance with this contract, the parties expressly agree to submit to the Courts and Tribunals of Vitoria (Álava) in Spain, expressly waiving their jurisdiction, if any, unless Spanish procedural regulations establish a different one.
In any case, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, we provide the following electronic link to the online extrajudicial dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.