LEGAL NOTICE AND CONDITIONS OF USE

The purpose of this Legal Notice and Conditions of Use (hereinafter, “NEN”) is to comply with the obligation of information that article 10 of Law 34/2002, of July 11, on Society Services of the Information and Electronic Commerce (hereinafter, “LSSI”) requires every service provider to establish the rules of use that will apply to all its users as a result of their use.
Any person over 18 years of age who accesses, downloads, uses or participates in the services and activities developed through [nendo] and [nendo parents] assumes the status of user (hereinafter, the “User”), and as such, through of said access, undertakes to observe and strictly comply with the provisions herein, as well as any other legal provision that may be applicable, thus obligating itself to make correct use of [nendo] and [nendo parents]. The User will be liable to NEN or third parties for any damages that may be caused as a result of failure to comply with said obligation.
Users under 18 years of age are not authorized to create a profile or register for the services offered on [nendo] and [nendo parents]. The [nendo parents] application can only be downloaded and used by Users who have parental authority over minors under 18 years of age to whom the [nendo] application is directed (hereinafter, the “minor”)
The User is a person over 18 years of age who uses the [nendo parents] application to keep in touch with the minor who is connected to the User’s profile on the [nendo] application. The minor is a person under 18 years of age at the time of installation and use of the [nendo] application.
The minor cannot use [nendo] without the consent of his legal representatives and the User will grant his consent regarding the processing and use of personal data relating to the minor so that he can connect to his personal profile in [ nendo].
We inform you that the applications [nendo and nendo parents] are the property of:
• NEN EVIDENCE BASED SOLUTIONS, S.L.U. (hereinafter, “NEN”)
• NIF: B67833608.
• Registered office: 08197 – Sant Cugat del Vallès (Barcelona), Brollador street number 25.
• Email: hello@nen.health
The objective of [nendo] and [nendo parents] is to prevent, manage and treat a disorder or disease on an individualized basis, generating substantial improvements in patients in the short and medium term. The application only provides recommendations that may or may not be accepted by the user, but does not make a medical diagnosis. NEN is in the process of obtaining additional clinical standards.
The [nendo] and [nendo parents] apps are available on Android and iOS operating systems.

FIRST.- ACCEPTANCE OF THE LEGAL NOTICE AND CONDITIONS OF USE.

The download, access, registration and use of [nendo] and [nendo parents] by the User (hereinafter, the “User”) implies that he or she fully accepts and agrees to fully comply with the terms and conditions contained in the This Legal Notice, Conditions of Use and the Privacy Policy of [nendo] and [nendo parents] as well as any other particular conditions that, if applicable, exist and are determined.
[nendo] and [nendo parents] have different generic services, each having specific purposes and are aimed exclusively at users who download and register with [nendo] and [nendo parents], providing the necessary data and permissions to be able to comply with the purposes of the services offered by both applications.

SECOND.- USERS OF [NENDO] AND [NENDO PARENTS].

[nendo] and [nendo parents] is available only to registered Users. Consequently, [nendo] can only be used by people over 18 years of age. In the case of minors and for the use of [nendo], Users guarantee that they have parental authority for the acceptance of this Legal Notice and Conditions of use and that they supervise and authorize the use of [nendo] by minors old on their electronic devices.
Consequently, registration as a User through [nendo] is prohibited exclusively by minors, and, where appropriate, they must duly obtain in advance the consent of their parents, guardians or legal representatives, who will be considered responsible. of the acts carried out by minors in their care.
The User is solely responsible for adopting all reasonable means to ensure that no unauthorized person has access to the passwords or accounts and the content that the User decides to store in [nendo] and/or [nendo parents]. It is your sole responsibility (1) to control the disclosure and use of your login name, screen name, and passwords; (2) authorize, monitor and control access to and use of your account on the App; and (3) immediately inform NEN if you believe that the account or password has been compromised or if there is any other reason why the application account needs to be deactivated.

THIRD. – OPERATION OF [NENDO] AND [NENDO PARENTS].

Downloading, accessing and registering in [nendo] and [nendo parents] is carried out under the User’s own and exclusive responsibility, who will be liable in all cases for any damages that such access may cause.
NEN reserves the right to modify the content of this Legal Notice and Conditions of Use at any time in order to adapt to operational, technical or legislative changes. For this reason, the User must consult this Legal Notice and Conditions of use regularly. Additionally, you have the right to cancel your account at [nendo] and [nendo parents] due to any significant changes.
The User agrees to use [nendo] and [nendo parents], the contents and services offered therein in accordance with the law, these Conditions of Use, good faith, good customs and public order. Likewise, the User undertakes not to use [nendo] and [nendo parents] or the services provided through these two applications for purposes or effects that are illicit or harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate its services or prevent normal enjoyment of the same by other users.
NEN may take legal action against those Users who violate this Legal Notice and Conditions of Use.
The use of [nendo] and [nendo parents] is onerous and all the information included in [nendo] and [nendo parents] is for information purposes, for monitoring different pathologies, with motivational aspects and recommendations.
In order for the User to activate and enjoy the contents of [nendo] and [nendo parents], the User must first register in the [nendo parents] application with an email account and a password. Likewise, the User may also access and register through their Google or Apple account. Subsequently, the User must download the [nendo] application intended to be installed on the minor’s electronic device. Both applications will be linked in the registration process to guarantee that the minor only has access to the application when authorized by the User.
Once the User has registered, they can link their electronic device in [nendo parents] with the minor’s device by scanning a QR code or an alphanumeric code that will be available in [nendo].
The User agrees not to use false identities, nor impersonate others in the use of [nendo] and [nendo parents] or in the use of any of their services, including the use of passwords or access codes of third parties or in any other way.
The User is informed that, to enjoy the content of the application, they must allow it to access their Bluetooth and Wi-Fi signals.

FOURTH. CONDITIONS OF USE OF [NENDO] AND [NENDO PARENTS].

The purpose of the Legal Notice and the Conditions of Use is to regulate the relationship between NEN, the Users who access, use and enjoy the service offered, as well as minors who use [nendo].
[nendo] and [nendo parents] provide access to services owned exclusively by NEN or its licensors to which the User may have access.
The User is solely responsible for reviewing and evaluating the accuracy and relevance of all information provided, stored, generated or received through [nendo] and [nendo parents].
The User assumes responsibility for the proper use of [nendo] and [nendo parents] in accordance with current law and this Legal Notice and Conditions of Use, responsibility that extends to the registration necessary to access certain services and content provided.
Said registration entails the completion of the corresponding form, in which the User guarantees the authenticity and timeliness of all data communicated and undertakes not to provide false, fraudulent or illicit information or documentation. This may result in the creation of a password that the User must keep diligently and confidentially. The User will be solely responsible for any false or inaccurate statements made and for any damage caused to NEN or third parties due to the information provided.

FIFTH. – RULES OF USE OF [NENDO] AND [NENDO PARENTS].

Access or use of [nendo] and/or [nendo parents] for illegal or unauthorized purposes, with or without economic purpose, is not permitted and, therefore, its consequences will be the sole responsibility of the User. In particular, it is prohibited:

1. Use [nendo] and/or [nendo parents] in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in third-party devices;

2. Use [nendo] and/or [nendo parents] to transmit, install or publish any virus, trojan horse, worm, malicious code or other harmful programs or files;

3. Use [nendo] and/or [nendo parents] to transmit material for advertising or promotional purposes, including spam, chain emails or the like;

4. Use [nendo] and/or [nendo parents] in a way that constitutes a violation of the rights of NEN or any third party;

5. Use [nendo] and/or [nendo parents] to transmit or publish any material of a defamatory, offensive, racist, degrading, or threatening nature or that may bother, harm or merely affect any person;

6. Use [nendo] and/or [nendo parents] to collect personal data from other users;

7. Use [nendo] and/or [nendo parents] illegally, against good faith, morality and/or public order;

8. Access without authorization any section of [nendo] and/or [nendo parents], other systems or networks connected to it, any NEN server or the services offered by
[nendo] and/or [nendo parents] [nendo ] by hacking or forging, password mining or any other illegitimate means;

9. Carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of [nendo] and/or [nendo parents] or in NEN systems or networks.
Failure to comply with any of the above obligations by the User may result in the adoption by NEN of the appropriate measures protected by law.

SIXTH. – LIMITATION OF LIABILITY.

A) Responsibility for the information, content and activities published on [nendo].
The health-related content published in [nendo] and/or [nendo parents] are treatments and therapies in the clinical phase that develop digital therapies to help minors with cancer to control pain.
The [nendo] and/or [nendo parents] applications are not a substitute for the advice of a doctor or therapist. [nendo] and/or [nendo parents] and their content should be used as a tool and as a decision-making aid. Its purpose is not to override the expert judgment of a healthcare professional or to recommend any particular therapeutic measure derived from the information stored or received through the platform.
NEN does not recommend, replace or validate the use of a specific drug or treatment or a specific test or clinical diagnosis. Therefore, any decision about the User’s medication must first obtain the opinion, prescription or supervision of a doctor.

B) Responsibility for the use of [nendo] and/or [nendo parents].
The User is solely responsible for any infractions that may be incurred or for any damages that may be caused or caused by the use of [nendo] and [nendo parents], leaving NEN exonerated from any type of liability that may arise due to the actions against the User.
The User is solely responsible for any claim or legal, judicial or extrajudicial action, initiated by third parties against NEN based on the use by the User of [nendo] and [nendo parents].
Where applicable, the User will assume any expenses, costs and compensation imposed on NEN due to such claims or legal actions.

C) Responsibility for the operation of [nendo] and [nendo parents].
NEN makes every effort to ensure that [nendo] and [nendo parents] function and operate within the best conditions. However, it will be exonerated from all liability that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operational functioning of the electronic system, caused by causes beyond the control of NEN.
Likewise, NEN also excludes any liability that may arise from delays or blockages in the operational functioning of this electronic system caused by deficiencies or overload on telephone lines or the Internet, as well as damages caused by third parties through illegitimate interference beyond control. by NEN.

D) Responsibility for links. The [Nendo] and [Nendo Parents] apps do not include links to third-party websites.

SEVENTH. – INTELLECTUAL AND INDUSTRIAL PROPERTY.

All contents of [nendo] and [nendo parents], among others, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual content, as well as its graphic design and source codes, constitute a work whose property belongs to NEN or is provided through agreements that NEN has with third parties, including NEN licensees, without any of the exploitation rights over them being understood to have been transferred to the User beyond what is strictly necessary for the correct use of the application, and regardless of whether or not they are susceptible to intellectual property.
Likewise, all trademarks, trade names or distinctive signs of any kind that appear in [nendo] and [nendo parents] are the property of NEN, without it being understood that the use or access to them grants the User any right over them.
Total or partial reproduction, exploitation, distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorized by the owner of the exploitation rights is prohibited. Any use not previously authorized is considered a serious breach of the author’s intellectual or industrial property rights.
To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of [nendo] and [nendo parents], the User must notify NEN of said circumstance, attaching the pertinent information.
In any case, NEN does not assume any responsibility regarding the intellectual or industrial property rights owned by third parties that are infringed by a third party or by the User.

EIGHTH. – SUSPENSION OF SERVICES AND PROHIBITION OF ACCESS.

NEN will have the right to suspend the services in case of improper use by the User of [nendo] and/or [nendo parents] such as failure to comply with the obligations or guarantees corresponding to the User under this Legal Notice and Conditions of Use and Privacy Policy.

NINETH. – DATA PROTECTION.

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, the personal data provided by the User due to the use of [nendo] and [nendo parents], as well as all The aspects related to their treatment are regulated in the Privacy Policy. All Users who use [nendo] and [nendo parents] are obliged to review the Privacy Policy, so that they are informed of the possible processing of their personal data and that of minors and the rights that they assist them. NEN recommends reviewing the Privacy Policy, this Legal Notice and Conditions of Use, as well as any other terms and conditions included in these applications, on a regular basis since NEN reserves the right to modify them within the limits of current legislation. and application allows.

TENTH. – APPLICABLE LAW AND JURISDICTION.

Any controversy that may arise in relation to NEN, [nendo], [nendo parents] and this Legal Notice and the Conditions of Use will be resolved in accordance with current Spanish legislation and will be submitted, with express waiver of the jurisdiction that may correspond, to the Courts and Tribunals of the city of Barcelona.
In the event that any of the provisions contained in this Legal Notice and Conditions of Use are declared void, it will be withdrawn or replaced. In any case, said declaration of nullity will not affect the validity of the rest of the provisions included in this Legal Notice and Conditions of use.