These Terms govern the use of Menuterraneo application (or "the App") as well as the registration therein.
Read these Terms since the use and/or registration in the App necessarily implies the acceptance of them.
This website is owned by CYSTELCOM SISTEMAS S.A.U with NIF A-82457367 and address at Calle Toronga, 23, 28043, Madrid (Madrid) and registered in the Mercantile Registry of Madrid en el volume 14.707, book 0, Folio 95 Section 8 Sheet M-244.036.
You can contact MENUTERRANEO at the following address: email@example.com.
App is owned by mHealthAlert Global S.L., (hereinafter mHA GLOBAL), with C.I.F. B-87448957 and Registered Office in: Calle Toronga 23. Oficina 1. Madrid (28043), a company incorporated under Spanish law and registered in the Commercial Register of Madrid, Book 0, volume nº 14707.
In case you need to make any comment or report an incident to mHA GLOBAL, you can do it via e-mail to: firstname.lastname@example.org or to the registered office.
Menuterraneo, is a paid-application that helps users to change their dietary habits by healthier foods, what allows them to improve their health, achieve their weight goals and a better physical shape.
It creates and offers nutrition plans tailored to the users' needs, what allows them to know the food and calories intake, carrying out control and monitoring the evolution of the nutritional plan assigned to the users on their health and fitness.
In addition to the above, the App will offer additional features aimed at improving their living habits to make them active and healthy.
To use the App, it is needed accessing it through the website (www.menuterraneo.com), or to download it in an electronic device with Internet connection, Smartphone or Tablet, through the "market place" (platform applications downloads from device manufacturers or distributors of applications or apps), provided by the device manufacturer or the distributor of applications (examples of these "market places" are "App Store" or "Google Play"). The user assumes the costs of connection, data traffic, etc. established by the telecommunications service provider.
The download and use of the App is available to individuals, not allowing its use for commercial purposes, unless prior written permission by mHA GLOBAL.
In any case, the User declares that has at least 18 years old and has the necessary legal capacity to be bound by this agreement and to use the App, for themselves or for third parts, in accordance with these Terms and under their sole responsibility.
The user, only after registration through the App, or identifying themselves as "registered users" in the same, can access to the App, use their capabilities and receive communications from it. Some of these features may not be available or may not be fully operational due to the specifications of your device, but you cannot demand accountability to mHA GLOBAL in this regard.
The acceptance of these Terms regulates the App download in the corresponding "market place", and the use thereof in the user device. However theseTerms exclusively govern the relationship between User or Client and mHA GLOBAL, and not the relationship with the manufacturer or distributor holder of the "market place". Therefore, the manufacturer or distributor will not be responsible for the implementation or their content. If these Terms were more restrictive or any of its sections conflict with the conditions established in the relevant "market place", these Terms shall apply on those.
For its parts, the maintenance, support and App update will be responsibility of mHA GLOBAL. Manufacturer or Distributor makes no warranty regarding the App and any claim, loss, liability, damages and costs related to non-conformity, shall be the responsibility of mHA GLOBAL. Therefore, claims to insert the User or third parts relating to the App and use of the same, including with declarative character, claims: (i) product liability; (ii) failure to comply with applicable regulations and / or in particular legislation concerning the protection of consumer rights; (iii) for infringement of intellectual property rights and / or industrial on the App and / or the use thereof by the User, you must understand mHA GLOBAL, whose contact details are in these Terms.
mHA GLOBAL expressly informs the user that the acceptance of these Terms entitles the manufacturer or distributor of the "Market Place" to apply the same to the User or any third part beneficiary thereof.
Registration on the App
Once downloaded the App, the user shall provide a series of physical data and current eating patterns and exercise to calculate the calories that must be ingested daily.
After this, contact details and identification should be provided, accompanied by the password that is to be used to access the App, which can later be changed, and activity habits and food that will continue to carry out the plan. Being included specific user needs according to their health status and their food preferences.
Finally, the user must accept these Terms and confirm the registration in the service. Indicating the subscription chosen.
Once you have completed the registration in the app, the user will receive a welcome email confirming the register.
To identify themselves in the App, the user should enter their email address and a password, which must have a minimum of 8 characters, including at least one letter and one number. The use of the password is personal and not transferable, assignment, even temporarily, to third parts not being allowed. In this sense, the user assumes all responsibility for any action taken by the platform using their identification data.
Conditions of use of the App
With the use and access to Menuterraneo, the user agrees to:
- Ensure the custody of your username and password, remain its sole responsibility to use the App or information generated may make third parts, consensual or not, by using the password.
- Provide accurate and timely data to carry out nutrition plans and their control and monitoring. In any case mHA GLOBAL will be responsible for the results and information provided by the App, which are based on false, misleading or outdated user data.
- Not perform reverse engineering on the App, decompile, disassemble, reproduce, translate, modify, or duplicate App versioning, partially or entirely, in any form or by any means. Not being able to turn so but not limited to, lease, lend, sell of sublicense the App.
- Failure to comply with any of the above points, as well as any other matter referred to in these Terms, will result in the cancellation of your user account and immediate termination of the subscription, without any refund of amounts paid.
Capacity to contract
By accepting these Terms, the client states that are more than 18 years of age or the age established in each case by the law of the state in which it is used. The use of the App by a third authorized user, will be conducted under the supervision and responsibility of the user to engage the services.
Fee for service
The services offered through the App will be paid, being necessary to purchase a subscription of one month or one year, in both self-renewing cases through the "market place" for (the conditions and payment may vary the "market place" used).
Notwithstanding the foregoing, mHA GLOBAL offer its Users a free trial period that can be enjoyed on the functionality of the App for free. The duration of the trial period will vary depending on the conditions imposed by the "market places" and the duration of the contracted subscription:
- Registered from "Google Play" or from the website: Free trial period of 15 calendar days.
- Registered from "App Store"*. Depending on the contracted subscription:
- If the subscription is for one year: free trial period of 1 month.
(*) In the event that the subscription is contracted through "App Store", the user will have to pay the full subscription at the beginning of the trial period and if not meet him and don't want to continue with the subscription, should communicate it to of mHA GLOBAL, prior to the completion of the trial period. In this case, Apple store shall make the full refund of money to the user.
The user can cancel his account at any time, without this circumstance compels to mHA GLOBAL to refund of the subscription price, total or partial.
Uninstalling or non-payment of the App, will not mean the cancellation of the subscription and therefore the payment obligation by the Client. To unsubscribe, the User has to contact the "market place" through which he/she made the recruitment.
App Updates and Modification of these Terms
The App can suffer improvements or modifications, which may be downloaded by the user through the App itself or through the "market place" device manufacturer or distributor of applications. These updates may involve changes to these Terms, which shall be accepted.
Furthermore, mHA GLOBAL reserves the right to unilaterally modify at any time and without notice, presentation, configuration and contents of the App as well as these Terms, provided there is sufficient cause for it and that the changes do not involve an alteration under the conditions of providing the service to the user. The modifications shall be notified in the App to access it.
Supplier Responsibility Information Services
Before downloading, and at any time of use, the user is responsible for checking that the App is compatible with your device, assuming the damage that the use, downloading and installing the App may cause the device.
Under no circumstances shall correspond to mHA GLOBAL to assume the costs of downloading and using the App, which necessarily involves access to a telecommunications network and consumption data, which will be billed by the provider of telecommunications services user. It also does not correspond to mHA GLOBAL to assume the costs by use of the functionality of the App contact, which allows the user to contact the Attention department of mHA GLOBAL through your device, if it allows the establishment of phone calls or sending emails, which necessarily involve access to the telephone network or Internet and consumption of the line or data, which in any case will be paid by the user to the provider of telecommunications services.
mHA GLOBAL, as a mere provider of services does not guarantee the results of implementation, quality or the adequacy of nutrition plans prepared by the same will in any case responsibility of the user and will not be liable for any direct or indirect, consequential or incidental, exemplary, contractual, punitive, or any other kind, from the use of the App.
mHA GLOBAL solely undertakes the operation of the App if the technical requirements of the devices used are required at all times, reserving the right to stop offering the App for systems according to market developments, if they remain obsolete. Where appropriate mHA GLOBAL inform users of the minimum technical requirements of electronic devices necessary for the operation of the App.
mHA GLOBAL cannot guarantee the availability of the App, or immediate communication of each action collected through the collection devices or alerts associated with them as such communication may be affected by factors external to Menuterraneo and mHA GLOBAL, including derived from the tracking service conditions set by the Monitoring Service Provider. Excluding any responsibility in this regard.
mHA GLOBAL guarantees the implementation of the security actions, necessary to preserve the integrity of the managed information and authentication mechanisms and required identification.
The services provided by the App are exclusively dedicated to healthy users, so they will not be allowed to use by people who suffer or may suffer from any physical condition that might be adversely affected by diet and exercise.
Menuterraneo IS NOT A HEALTH CARE PROVIDER AND NOT PROVIDE MEDICAL ADVICE TO THE USER OR ANY DIAGNOSIS. The App users assume full responsibility for the use of it, by them or by authorized third parts, they are obliged to consult with their doctor before starting a nutrition program, regarding their suitability and / or risks and provided in any case, if the user experience any pain or discomfort. It is also user's responsibility to determine the suitability of nutrition plan prepared by Menuterraneo according to their state of health and physical characteristics and determine your goals based on actual and healthy criteria and indicate in the App if the Nutrition Plan requested must be "Low sugar", "Low salt" and / or "Low cholesterol".
The information provided by Menuterraneo is for use in adults defined as individuals 18 years of age or older and not by younger people, or pregnant or breastfeeding women. This information is not intended to provide medical advice. A health care provider who has examined you and knows your medical history is the best person to diagnose and treat your health problem. If you have specific health questions, please consult your health care provider.
mHA GLOBAL will be exempt from any liability related to the health of users or derived others from misuse of the App and / or violation of these Terms and especially the health problems caused by allergies, food intolerances, radical changes in weight or disregard medical advice or that it was inaccurate or inappropriate.
Safety Appropriate use of the App
mHA GLOBAL has established security measures to safeguard the confidentiality of information on users who use Menuterraneo, fulfilling the obligations under current regulations, if any, on Personal Data Protection.
Set access keys are personal and not transferable, the user is solely responsible for unauthorized carried out using the same access.
For security reasons, it is advisable not to use the App from third part devices or from public computers.
If you have forgotten your passwords or believe that a third part may be using them without your consent, please immediately contact mHA GLOBAL, through available means (for example: "Remember Password").
mHA GLOBAL is the owner of all intellectual property rights on the Menuterraneo App, which is protected by the copyright laws applicable in the country where it is used. The structure, organization and coding of the App are valuable trade secrets of mHA GLOBAL.
In particular, any kind of utilization of contents Nutrition Plans is strictly prohibited in the App, without the express consent of mHA GLOBAL.
The granting of the transfer of use to the user by mHA GLOBAL, does not involve the transfer of other rights to the intellectual property of the App or its contents, subject to the provisions of the "Content Distribution" clause.
In case of non-fulfilment of one of these Terms or unfair use of the App, mHA GLOBAL reserves the right to cancel the license granted at any time by prior notice to the User. For its part, the User may waive the license that was granted at any time proceeding to uninstall the App, without the need to communicate this circumstance to mHA GLOBAL. Uninstalling the App does not mean the cancellation of the subscription.
Multimedia Content Distribution
Menuterraneo, allows the distribution of multimedia content related to lifestyle and healthy eating, through which users can access information distributed by mHA GLOBAL of third parts.
Access to this content does not give the user any rights of intellectual property of them. The use of these contents will be subject to authorization by the rightholder and should be performed in any case under the law of intellectual property and any other that may be applicable at the place of use.
As established by the Spanish law for the Defense of Consumers and Users, the Client may cancel the contract without any motivation.
To exercise this right, The User must contact mHA GLOBAL through the following email adress: email@example.com, within a maximum period of 14 calendar days from the date the confirmation of your subscription by email is received, if it has not obtained the plan of customized nutrition during this period. In any case, Client is informed that all managed and received directly by the "market places", as purchases in the platform, payment can only be redeemed by it, with their consent.
In no case will be returned the expenses which, if any, the Client incurred in the exercise of this right.
The data provided by the Menuterraneo's user, are incorporated into a file for mHA GLOBAL in order to carry out the provision of the requested service and keep you informed about products and services of mHA GLOBAL, if the user has not previously claimed otherwise.
The user may exercise their rights of access, rectification and deletion of personal data, by writing to firstname.lastname@example.org or to the registered office of mHA GLOBAL, valid proof of identity.
Applicable law and jurisdiction
The parts acknowledge that these Terms shall be governed, construed and enforced in accordance with the laws of Spain. Dispute resolution shall come those whose jurisdiction attributed by law and failing to the Courts of the city of Madrid.
mHA GLOBAL recommends you to carefully read this Privacy document periodically, because it may be modified.
Processing of personal data
Hereby this Privacy document regulates the data processing provided by users of Menuterraneo (the "App").
Data Controller and data processing
In compliance with the provisions of European Legislation on Data Protection, we wish to inform the User that the data collected through the application will be included in the files of personal data held by mHealthAlert Global, S.L. (MHA GLOBAL), ID.: B- 87448957 and established in: Calle Toronga 23. Oficina 1. Madrid (28043), for the service offered through Menuterraneo and for the purposes indicated in each of the forms included in the application.
Data Secrecy and security measures
The personal data the user communicates to mHA GLOBAL, will be processed with absolute confidentiality, pledging to maintain the secrecy thereof and ensuring the duty to keep taking all necessary actions to prevent alteration, loss, or unauthorized access, according with the provisions of applicable law.
mHA GLOBAL, has implemented and maintains the highest levels of security required by law to protect the personal data of the user against accidental accesses, processes or unauthorized disclosures losses, given the state of technology, the nature of the data stored and the risks to which they are exposed.
Processed data should be constantly updated and contain no errors. To do this you must communicate any changes of your personal data and corrections as soon as possible.
mHA GLOBAL will not communicate the personal data of the User to third parts unless the transfer of data is necessary for maintaining the relationship with the user, without first obtaining their consent. In any case, when the transfer is not necessary for maintaining the relationship with the user, in the forms of data collection mHA GLOBAL informs to the user of the purpose of processing and the identity or sectors of potential assignees of the personal data, previously offering the user the possibility to accept or not the transfer, depending on the purpose.
Electronic Commercial Communications
If the user has not previously claimed otherwise, mHA GLOBAL may send commercial communications to keep you informed. Such communications may be sent via email, SMS, or any other equivalent means of electronic communication.
In any case, the user may, at any time, revoke your consent giving notice to the email address of mHA GLOBAL above or by using the link request on the commercial communications received.
The application may contain links to other websites. mHA GLOBAL will not be responsible for processing user data held in these web pages.
Exercise of Rights
The user may exercise their rights of access, rectification and deletion of personal data, by writing to email@example.com or to the registered office of mHA GLOBAL, valid proof of identity.
Revised in September 2016.