TERMS AND CONDITIONS OF USE FOR USERS AND INDIVIDUALS

In compliance with the duty of information set out in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that the Website www.aimentia.com, www.aimentiahealth.net and its subdomains (hereinafter, the “Web” or “Website”) is the property of AIMENTIA HEALTHTECH, S.L., (hereinafter, “AIMENTIA”) with registered office at C/Caballero 76, 2nd 1st, Barcelona, with NIF B-67450049.

PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU FULLY UNDERSTAND AND ACCEPT THAT THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND RELATED LIMITATIONS AND EXCLUSIONS. By using the Site, you acknowledge that you understand and accept, without limitation, the terms of use:

1. Terms of Use

These Terms of Use describe the terms applicable to the services and content offered through the website www.aimentia.com, www.aimentiahealth.net as well as its subdomains and regulate legal relations between AIMENTIA and customers.

1.1. Access and use of the Website.

A Client is defined as (i) a natural person user, (hereinafter, the “User”) and (ii) a Healthcare Professional user, (hereinafter, the “Professional”).

The User recognizes and accepts that access and use of the Website and/or the Services and Contents included therein takes place freely and consciously, under their sole responsibility. Access to the Website and/or the Services and Contents included therein does not imply any type of guarantee regarding the suitability for the User of the Website and/or the Services and Contents included therein for particular or specific purposes of the Users. AIMENTIA may establish additional limitations and/or conditions for the use and/or access to the Website and/or the Services and Contents, which must be observed by Users in any case.

1.2. Authorized Use of the Website and the Contents.

The User undertakes to make appropriate and lawful use of the Site, abstaining, among other actions, from:

• unauthorized or fraudulent use of the Website and/or the Services and Contents;
• access or attempt to access resources or restricted areas of the Website, without meeting the conditions required for such access;
• use the Website and/or the Services and Contents for illegal, illegal purposes or effects, contrary to the provisions of these Terms and Conditions, to good faith and public order, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload the Website or prevent the normal use or enjoyment of the Website;
• cause damage to the physical or logical systems of AIMENTIA, its suppliers or third parties;
• introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of AIMENTIA, its suppliers or third parties;
• attempt to access, use and/or manipulate data from AIMENTIA, third-party providers and other Users;
• reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services and Contents, unless there is the express and prior authorization of the owner of the corresponding rights or this is legally permitted;
• delete, hide or manipulate notes on intellectual or industrial property rights and other data identifying the rights of AIMENTIA or third parties incorporated into the Services and Contents, as well as technical protection devices or any information mechanisms that may be inserted in the Services and Contents;
• obtain and attempt to obtain the Services and Contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the Services and Contents are located or, in general, those that are commonly used on the Internet because they do not entail a risk of damage or disabling the Website and/or the Services and Contents;
• modify the source code of any of the pages.

If Users or Healthcare Professionals do not agree with these conditions, they should refrain from using this Website.

2. Services included in the website

The AIMENTIA Website allows access to real-time solutions for the well-being of clinical healthcare professionals and patients, consisting of:

• Cloud Clinic: Receive real-time information, indicators and control alerts to prevent the deterioration of your patients. Your enquiry, anywhere, anytime.
• Data-based tools: Create personalized therapy to increase satisfaction, reduce abandonment, detect and overcome relapses.
• Data analytics: The exhaustive set of data collected by AIMENTIA provides diagnostic guidance and objectivity in current therapeutic practices. A digitalization of mental health practices to achieve modern and proven therapies. Standardization through artificial intelligence.
• Professional and safe help: Promoting the talent, vocation and professionalism of our Healthcare Professional users. Only verified and selected Healthcare Professionals have access to AIMENTIA to maintain high quality standards, which helps combat pseudoscientific intrusion.
• Solutions without frontiers: We build a bridge to break social stigma in mental health, guiding and accompanying users anonymously so that they can get the professional help they need. Without distances, without obstacles, find the solution from the comfort of your home.

The use of any of the Services indicated above and offered by AIMENTIA is aimed at adults with sufficient legal capacity to be bound by these Terms and Conditions. AIMENTIA does not intentionally or knowingly collect personal data from children under 14 years of age. If the User is a minor, consult a parent or guardian for assistance in using this Website.

It is possible that the use of certain services or the contracting of some Services are subject to additional special conditions that will require express consent and that will in any case prevail over these Terms and Conditions.

3. registry

3.1 Users

The use of the services provided by AIMENTIA is completely free of charge for the User, and for access to the restricted area, the User's registration is necessary. In order to complete the registration, a series of personal data must be provided, which must be true and accurate. Specifically, the identification data will be requested, as well as the username and password for access to the restricted area. You can view our Data Protection Policy at the following link: https://aimentiahealth.net/privacy_policy

Healthcare Professionals

In the case of Health Professionals, the use of the services provided by AIMENTIA requires payment of the indicated price, as well as registration for access to the restricted area. In order to complete the registration, a series of personal data must be provided, which must be true and accurate. Specifically, the identification data will be requested, as well as the username and password for access to the restricted area. You can view our Data Protection Policy at the following link: https://aimentiahealth.net/privacy_policy

4. Restricted Access Area

To access and use the restricted access area, Users and Health Professionals must register beforehand by filling out a form (the “Registration Form”) that appears in each case on the Website, in accordance with the provisions of point 3.

AIMENTIA reserves the right to freely accept or reject the registration request of any User or Healthcare Professional. From that moment on, the User and/or the Registered Health Professional will be able to access the restricted access area and use the Services and Contents and Services in the manner provided for in these Terms of Use of the Website. AIMENTIA will not be responsible for damages caused by the incorrectness, inaccuracy or falsehood of the data provided by the User at the time of Registration or that they provide later. Users and/or Registered Health Professionals will be responsible at all times for the custody of their User and Access Code, thus assuming any damages that may arise from their misuse, as well as from the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the Services and Contents carried out under the password of a registered User or Professional will be considered carried out by said Registered User, who will in any case be responsible for such access and use. Registered Users may change their unique password at any time by making a request to AIMENTIA. If the password is forgotten or any other circumstance that involves a risk of access and/or use by unauthorized third parties, registered Users and/or Health Professionals must immediately notify AIMENTIA so that it can immediately block and replace it.

5. Price and Form of Payment

5.1. Price and taxes: The prices will be those indicated on this website. These prices include VAT, which will be the corresponding one at all times.

5.2. Payment methods: The payment of the subscription will be made through the payment gateway, and the following credit or debit cards (Visa, MasterCard, American Express, etc.) are accepted. Alternatively, payment can be made by bank transfer by issuing an invoice.

5.3. Renewal: The subscription payment is monthly or annual, being charged to the credit card provided by the Professional within the first 11 days of the first month of the billing period.

5.4. Non-renewal: If the Professional wishes to unsubscribe from the service, they must cancel their subscription from the platform 10 days before the next renewal date.

6. User Support

Customer service is very important to AIMENTIA. Through the Contact, our User Care team will try to solve any problems you may have.

7. Industrial and Intellectual Property Rights

The User and Professional recognize and accept that all industrial and intellectual property rights to the Services and Contents and/or any other elements inserted in the Website (including without limitation, brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, “look & feel”, audio and video) belong to AIMENTIA and/or third parties. Under no circumstances does access to the Website imply any kind of waiver, transfer, license or total or partial assignment of such rights, unless otherwise expressly stated. These Website Terms and Conditions do not confer on Users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its Contents other than those expressly provided for here. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by AIMENTIA or the third party owner of the affected rights.

AIMENTIA authorizes Users to use, view, print, download and store the Services and Contents and/or the elements inserted on the Website exclusively for their personal, private and non-profit use; provided that in any case the origin and/or author of the same is indicated and that, where appropriate, the copyright symbol and/or industrial property notes of their owners appear. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, or decompilation, is strictly prohibited. For any other use other than those expressly permitted, it will be necessary to obtain the prior written consent of the holder of the rights in question.

In cases where the contents of the Website involve a contribution from Health Professionals that determines the birth of any intellectual property right, it will involve the exclusive transfer, to AIMENTIA, of all the exploitation rights over said contribution, whatever its modality, for the entire duration of the protection of Intellectual Property, with effect from the receipt of each work by AIMENTIA, with respect in any case for the Professional's authorship. These exploitation rights include, but are not limited to, fixation, reproduction, distribution, public communication, transformation and translation or digitization, as well as making them available to the public through databases. AIMENTIA may introduce to the works all those modifications it deems appropriate in order to adapt them to commercial needs, without this being understood as an injury to the moral right of the author of the work.

8. Use of Cookie Technology

The User and the Professional recognize and accept that AIMENTIA may use cookies to navigate the Website. AIMENTIA cookies can be found in the Cookie Policy. The User may configure cookies upon first access as well as from their browser to notify and reject the installation of cookies sent by AIMENTIA and to disable non-technical Cookies, without affecting the User's ability to access the Services and Contents.

9. Data Protection Rights

Both Users and Healthcare Professionals can modify their personal data, as well as exercise their rights of access, rectification, deletion, limitation and opposition in accordance with LO 3/2018, of December 5, on Data Protection and the Guarantee of Digital Rights (LOPDGDD) and with Regulation (EU) 2016/679, of the European Parliament and the Council, of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free movement of these data (RGPD).

Users and Healthcare Professionals can consult the AIMENTIA Data Protection Policy at The privacy policy

10. Responsibility

The User and/or the Healthcare Professional undertake not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, messages, documentation, reports, sound and image files, photographs), that are contrary to law, morality, public order and these Terms and Conditions. Therefore, AIMENTIA assumes no responsibility, whether direct or indirect, derived from the misuse of services or content made by Users and/or Health Professionals, and is not responsible for the information, images, references or any other content that is communicated, hosted, transmitted or displayed through the services or content offered by AIMENTIA. Access to services or content will be under the sole responsibility of Users and/or Health Professionals.

By way of example, and in no case limiting or excluding, the user undertakes to:

1. Do not introduce or disseminate content or propaganda of a defamatory, abusive, misleading, xenophobic, pornographic nature, in support of terrorism or that violate human rights, fundamental rights and public freedoms recognized constitutionally and in international treaties.

2. Do not use the Website for illegal or unauthorized purposes through conduct that generates any form of defamation, insult, harassment, threat or violation of the rights of third parties over their privacy, honor, self-image, secrecy in communications, intellectual and industrial property or protection of personal data.

3. Do not introduce or spread viruses or harmful software on the network that are likely to cause damage to the computer systems of the access provider.

4. Improperly or inappropriately use those services or content that may be provided such as chats, forums, etc.

5. Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.

6. Do not disseminate, transmit or make available to third parties any type of information, element or content that violates the intellectual and industrial property rights, patents, trademarks or copyrights that correspond to AIMENTIA or to third parties.

7. Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications.

AIMENTIA reserves the right to monitor, review, preserve and/or disclose at any time any information whose content may constitute a crime or contravene current national or international legislation and especially when required to do so by judicial or administrative authorities.

11. Limitation of Liability

Through the AIMENTIA website, medicine is not practiced, but is only for informational and guidance purposes in the treatments carried out by Health Professionals and, under no circumstances, is it intended to replace a medical consultation with a qualified professional. AIMENTIA does not provide specific medical advice, but rather provides Users with a platform for relating to Health Professionals in the field of mental health, providing them with behavioral patterns that are intended to be a support tool in their diagnoses. AIMENTA will not provide specific medical advice, recommending that the User consult a qualified professional to obtain a diagnosis. Therefore, AIMENTIA cannot guarantee, nor be responsible for the medical accuracy of the treatments applied by Health Professionals and the consequences that may result for Users.

AIMENTIA declines all responsibility if, due to a dysfunction of the Web, there is a loss of data, total or partial, or the impossibility of accessing it for an indefinite period, and for any of these reasons, damage occurs to Users who receive the AIMENTIA service, provided that this possible failure has not been notified in advance by the Healthcare Professional to AIMENTIA.

AIMENTIA reserves the right to suspend service to those Users who use the Platform, in contravention of these Terms and Conditions and act against the principles of respect for other users and perform acts contrary to the law, morals and good morals. AIMENTIA may completely or partially suspend the Service indefinitely, as well as deny the User access to the platform or prevent the contracting of new services to those users who misuse, or in whom an abuse of the platform is detected. In particular, abuse includes, but is not limited to, the following categories:

• Excessive use of email sending tools to the point where it is harmful to AIMENTIA or could qualify it as a Spamer
• Use of external software for the automation of actions
• Use of the tools provided in such a way that they negatively affect the experience of other users
• Any other action that is harmful to AIMENTIA or other users of the platform

In addition, AIMENTIA may suspend service to those Health Professionals who lose their license to practice or who have been sentenced to disqualification from practicing the profession.

In the event of a return, delay or non-payment of the receipts, AIMENTIA may completely or partially suspend the service indefinitely, as well as deny the User access to the platform or prevent the contracting of new services.

12. Limitation of damages.

In no case will AIMENTIA be liable to the User or any person or entity acting on behalf of the User for indirect, consequential, incidental, special, punitive, exemplary or other similar damages resulting from, deriving from or related to these Terms and Conditions.

13. Nullity and ineffectiveness of clauses

If any clause included in these Terms and Conditions is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect that provision, with these Terms and Conditions remaining in everything else, and such provision being considered not included.

14. Applicable Legislation and Competent Jurisdiction

These Terms and Conditions are governed in accordance with Spanish law. The User agrees that any conflict or dispute that arises between him and AIMENTIA will be treated in accordance with applicable legislation.