Terms and Conditions

INCITY TOGETHER
General Terms of Use and Privacy Policy

The owner of InCity Together Website (hereinafter, the “Website”) and the InCity Together mobile application (hereinafter, the "Application") is EUROB CREATIVE SLNE (hereinafter, EUROB) with Business ID No. B98604796 and its registered address at Plaza Juan Ramón Jiménez 7-2, 46520 Puerto de Sagunto, Valencia, (Spain). Registered in the Valencia Mercantile Register in volume 9275, page 179, sheet 537 section 9.
This legal information comprises the Personal Information Protection Policy and the General Conditions for Use of the InCity Together Website and Services.
These General Conditions govern the use of the Application through mobile devices, the use of the Website, the use of the Services offered through both the Application and the Website, the conditions of processing personal data provided by Users and Viewers, and the relationships between Users, Viewers and EUROB.
The term Users (or User) refers to the individuals who have downloaded InCity Together Application in their smartphones and use it for monitoring their health status and improving their physical condition. The term Viewer (or Viewers) refers to a third person (e.g. a medical doctor, a relative or a friend) who has been authorized by the User to access its health data through the Website.
Access to the Website and Application can be offered at no cost or for a subscription fee. Services are only available to registered Users and authorized Viewers. Viewers can access the Service only through the Website. Users can access the Service both through the Application or the Website.
By registering and using the Website or the Application, Users and Viewers expressly consent to and accept the General Terms of Use and Privacy Policy contained herein.

1. Terms of Use
1.1. Registration
If you are a User, we inform you that, in accordance with the provisions of the law governing these General Terms of Use and the Privacy Policy, access to the Website and use of the Application is limited to persons over 18 years of age. Users under the age of 18 shall use the Website and/or the Application under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to transmit or otherwise submit personally identifiable information to EUROB, therefore you need to be 18 years or over to register. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with its permission, and this adult will be responsible for all your activities.
InCity Together’s registration system will manage your personal information and create customized access with a user name and password. If you are a User, you can access the registration system through the Application once it is installed on your mobile device. Viewers can only access registration through the Website by selecting the link called "LOGIN".
In order to offer an accurate service, Users will be asked by the registration system to provide certain personal information namely: (1) Contact Information (i.e. name and surname, email, password); (2) Demographic Information (i.e. gender, date of birth, postcode); (3) Medical Information (i.e. height, weight and any medical preconditions); (4) leisure preferences.
Users may enter, access, modify, correct, update, or cancel their profile information and reject the processing of their data. through the Application. Should Users reject the processing of their data it entails a cancellation to the Service access, since it is not possible to provide it without the user data.
Viewers - who give permission to Users for entering their email address into the system - will receive a password automatically generated for them. The system will require Viewers to change the password after the first login.


 1.2. How does InCity Together work?
By registering as a User you will benefit from an innovative service aimed at improving senior's health by empowering you to easily monitor your activity and heart beat rate, blood pressure and sugar levels (depending on your device sensing capacities) and encouraging daily physical activity and urban integration by proposing cultural activities and commercial discounts. InCity Together uses advanced techniques and algorithms for monitoring and activity tracking, integrates real time info coming from the IoT city sensors and event feeds and supports Open Standards and any compatible sensor device (no vendor lock in).
Additionally, InCity Together provides Users and Viewers an intermediary service between the two in which, through the Website, Viewers can access and monitor activity and health data from Users who have invited them. More information on these issues, in Section 2.3. of these General Terms of Use and Privacy Policy.
This Website and the Application may include links to other websites, including links provided by businesses offering their activities, products or services. All activities, products, commercial discounts and services offered by advertisers, sponsors and other participants that appear on the Application are presented for the only purpose of informing you about them. They have been specifically selected for InCT users but there is no obligation towards them nor have they any endorsement on EUROB's behalf.

1.3. Obligations and responsibilities of the Users and the Viewers
The Users and the Viewers are solely responsible for their respective InCity Together accounts and the information provided as well as the use and safety of their usernames and passwords.
The Users and the Viewers ensure that the personal information they provide to InCity Together is accurate and truthful at all times and exonerate EUROB of any responsibility in this regard.
It is forbidden to publish or distribute personal information by anyone other than the holder of the information itself.
It is forbidden to do (or to permit any other person to do on your behalf) the following:
Copy, change, adapt, translate, decompile or reverse engineer any part of the Website or Application.
Remove any notice regarding copyright, registered trademarks or other notices regarding ownership that are contained in or on the Website and/or Application, or in or on any content or other material obtained through the Website and/or Application.
Use any robot, spider, search or website content recovery application, or any other resource, process or automatic device to obtain access, remove or index any part of the Website and/or Application with the aim of building, creating, populating and/or filling out a database with the exception of those belonging to already existing Internet Search Engines and restricted to the public pages of the Website;
Change the format or frame any part of the web pages that form part of the Website and/or Application;
Make undue and fraudulent use of the services;
Create user accounts by using automatic means, or with false or fraudulent pretences;
Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Website);
Collect or store personal information on other users in connection with the prohibited activities that are described in this section.
It is forbidden to harm, reduce the capacity of, overload or disable our servers or networks, or interfere with the use and enjoyment that Viewers may have of the Website or Application. You may not try to obtain unauthorised access to any of the InCity Together services, user accounts, or computer systems and networks by hacking, exploiting passwords or any other method.
It is not allowed under all means using a different client, SW or device beyond those explicitly provided or authorized by InCity Together to access InCity Together Services.
EUROB reserves the right to terminate the account of a User or a Viewer and all related data if it detects or assesses anything illicit, or contrary to morality or public order, or that is detrimental to the image of InCity Together and/or the content of the Application or its products or Services or the products or services of third parties.
The Users and the Viewers use the services offered by InCity Together in any of its Webpage versions under their sole, exclusive and unique responsibility and the User uses them under their sole, exclusive and unique responsibility for the Application in any of its versions.

1.4. Obligations and responsibilities specific to the User
Complementary to the obligations and responsibilities set forth in Section 1.3 above, Users can freely and voluntarily choose to send an invitation through the Application to a Viewer of their choice to grant him/her access to its data on the Website.
Users assume any liability that may arise from their selection of the Viewer and the consequences of following the advice and/or treatment of the Viewer that has been selected by the User. EUROB cannot be bound by any ways to any treatment that arises from the information provided through the service and before following any medical treatment it is strongly advice to seek for professional advice.

1.5. Specific duties and responsibilities of the Viewers
Complementary to the obligations and responsibilities set forth in Section 1.3 above, Viewers will be the only responsible for any medical advice to the registered User.

2. Privacy Policy
2.1. General Information and Consent
This privacy policy applies to the Website and the Application.
Existence of file: In compliance with the Organic Law 15/1999 on Protection of Personal Data, we hereby inform the Users and Viewers that their personal data and other information provided through the registration form and during the use of the InCity Together and during the download, installation or use of the Application, shall be included and kept in a database for processing, whose responsible is EUROB CREATIVE SLNE, located at Plaza Juan Ramón Jiménez 7-2, 46520 Puerto de Sagunto, Valencia, (Spain), with Business ID No. B98604796.
We confirm that this file has been notified and registered in the Spanish Data Protection Agency.
Purpose and Consent: By voluntarily providing personal data, and completing and submitting the registration form for the Users, or by using the Website or the Application, the Users and Viewers give their express consent for EUROB to process their personal data in order to manage the use of the Website, or the Application’s functionality, and to provide an accurate service fitting their preferences and tastes.
Personal Data Privacy: Your personal data is confidential and EUROB is fully committed to its protection and preservation. Your data will not be disclosed to any third party without your prior approval, except in the case of receiving a court or binding legal requirement in the country/ies in which EUROB shall be established to do so. Users only transfer data to the Viewers of their choice and Viewers to the User who provides their email address, respectively, if this is acceptable in accordance with the provisions of Section 2.3 below and for the purposes set out in that Section.
Statistics Report: Please note that EUROB may use the data provided by the Users and Viewers through the Website and Application in order to draw general conclusions based on these data and statistical reporting to improve our services. In preparing these reports, the data will be in an aggregate form so it will always be used anonymously and without any elements that identify the User or Viewer who provides such data. Therefore, no personal identification data will be included in these statistical reports.
The collection of information through the contact form at the CONTACT section of the Website is intended to be for contacting EUROB, with the aim of providing information on the InCity Together products and/or services and helping us to improve the website. The personal information that is provided is stored in an automated file that is the property of EUROB, for the purpose of answering your comments and informing you about our products and/or services for a possible contract with us. You can also exercise your rights of access, rectification, cancellation and opposition by sending a letter to EUROB, Calle Cidro 3, Oficinas 107-108, 28044 Madrid (Spain), quoting Ref. “contact form information”, or by sending an e-mail info@incitytogether.io.
Questions sent through this service are not, under any circumstances, considered to be a legal complaint nor can any binding legal effect whatsoever arise from the reply.
EUROB will send a newsletter to those users who give their express permission. The newsletter will contain the latest updates, highlighted contents and testimonials. The consent can be revoked with no retroactive effects, just by notifying to pursuant to the Spanish Information Society Services and Electronic Commerce Act 34 / 2002 of 11 July.

2.2. Security measures
For EUROB confidentiality and privacy of our Users’ personal data is of upmost importance, and EUROB has therefore adopted essential security measures to prevent alteration, loss, treatment or unauthorized access to guarantee its integrity and safety. EUROB has especially implemented the measures provided for this in the Royal Decree 1720/2007 of 21 December, approving the Regulations implementing the Organic Law 15/1999 of 13 December, on the protection of personal data.
However, EUROB cannot in any way be held liable for any incidents that may arise with respect to personal data that derive either from an attack or unauthorized access to systems that is impossible to detect by the security measures implemented, or when it is due to a lack of diligence by the User and/or the Viewers, as appropriate, regarding the guardianship and safety of their username and password or their own personal data.


2.3. Data transfer
Users expressly agree that the Viewers they invite, and once these Viewers have accepted their invitation and logged into the system, will have access to their health and activity information, and can give them the advice they consider appropriate for as long as Users decide. Consequently, the Users expressly authorize EUROB to grant access to their personal data to the authorized Viewers, once the previously said Viewers have accepted the invitation, for the purpose indicated in this paragraph.
So that the Users can send the invitation (referred to in the previous paragraphs) to the Viewer of their choice, the said Viewer must have previously provided his/her email freely, voluntarily, and optionally to the User who has selected it without InCity Together’s intervention. Once the Viewer has been provided with a password by the System, the User will be added to the Viewer’s panel and the Viewer will have access to all of the User’s data. The Viewers may only use the data of the Users who have selected them in order to be able to follow up and monitor the User, and give the advice they consider most appropriate for the period that the User decides.
Users may have as many Viewers as they want, if, in turn, the Viewers they invite accept their invitations.
At any time, the User and the Viewer may terminate their relationship by using one of the options that is available for both in their configuration panels in the Application and/or in the Website. From the moment when the Viewer or the User decide to end their relationship, the Viewer will immediately cease to access the data provided/generated by the User.
Should it be necessary to transfer the personal information to other entities for the service provision, the Users and the Viewers will be explicitly informed of the purpose of the transferal, the data transferred and the name and address of the assignee so that they may give their unequivocal consent or refusal to this, bearing into account that it may bear its cancellation to the Service access.


2.4. Rights of access, rectification, cancellation or opposition for Users and Viewers
The Users and the Viewers may, at any time, exercise their rights of access, rectification, cancellation and opposition under the terms of Spanish Organic Law on Data Protection, on request by e-mail to info@incitytogether.io with the subject: "data protection", or by letter to EUROB, Calle del Cidro 3, oficinas 107-108, 28044 Madrid (Spain). If necessary, we may require additional verification means in order to validate the request.


2.5. Passwords
User names and passwords are for personal use only, and not for use by any other person. The Users and the Viewers are sole responsibility for keeping their password in strict and absolute confidentiality. Users and Viewers agree not to transfer their password or user name, or lend or otherwise transfer their use of or access to the Website or Application, to any third party.
Users and Viewers assume, therefore, any damages or consequences of any kind arising from the breach or disclosure of this confidential information and exclude EUROB from any responsibility in that regard.
Users and Viewers can change their passwords at any time.
Users and Viewers are fully responsible for all interaction with the Website and/or the Application that occurs in connection with their password or user name.
It is Users’ and Viewers’ responsibility to ensure that they “log off”/exit from their account at the end of each session. EUROB cannot be made liable for any loss or damage arising from Users’ failure to comply with any of these obligations, especially when accessing from public computers.
The Users and Viewers agree to notify EUROB immediately when they become aware of any unauthorized use of their password, (as well as any unauthorized access to it by any third party), by sending an email to info@incitytogether.io.


2.6. Cookies
The InCity Together Website may use automatic data collection systems such as cookies. Cookies are small text files that the website or application that you are using installs in your browser or on your device (Smartphone, tablet or web-TV) when browsing through the website pages, which serve to store information about your visit. The InCity Together website, like most websites on the Internet, use cookies to:
Ensure that our web pages can function correctly.
Store your preferences.
Find out about your browsing experience.
Collect anonymous statistical information, such as what pages you have viewed or how long you have been with our services.
This information helps us to improve our Website, identify new needs and evaluate the improvements to be made in order to better serve those who visit us.
The information obtained is related for example to the number of pages visited, language, the city to which is assigned the IP address from which users access, the number of users that visit us, and recurrence frequency of visits time of visit, the browser you use, the operator or terminal type from which the check is performed Cookies. The information gathered by cookies may allow EUROB to identify the User, nevertheless, EUROB will not use or process this personal information.
On entering the InCity Together Website, the Users and Viewers are giving their consent to install the aforementioned cookies on their hard disk. If the User or Viewers do not want to install a cookie on their hard drive, it won’t be possible to access the service.


2.7. Communications with EUROB about User’s and Viewer’s Privacy
EUROB can be reached by Users and Viewers at the following email address info@incitytogether.io so they can raise any issue related to privacy in this Website and in the Application.


3. Limitation of Liability
EUROB assumes that the data have been introduced by its owner and that they are true and accurate. In this respect, the User and the Viewer are solely responsible for the information and/or content provided during registration and during the use of the Website and Application. EUROB is not responsible for the possible inaccuracy of the data from Users and Viewers, or for any consequences or problems caused by this inaccuracy.
EUROB is not responsible for any misuse or problems caused to the User by non-rational use of the services provided in the Website or in the Application.
The User is solely responsible for the proper use of the Website and Application. The information provided by the Application or Website from the data entered by the User to customize and/or use the Website and the Application is for informational purposes only. For any decision regarding their medication, the User must first consult a Doctor (or any other physician or medical professional) about their prescription or supervision.
The User is solely responsible for reviewing and assessing the relevance and accuracy of all information provided, stored, generated or received through the Website or Application. In this sense, EUROB makes no guarantee regarding the use of the Website or Application, nor does it recommend the adoption of any particular therapeutic measure derived from information stored or received through the Website or Application without further extensive studies and clinical tests. Under no means can EUROB be held responsible from any consequences from adopted treatments based on the information provided through the service.
The Viewer is solely responsible for the opinions, advice, treatment, or diagnosis issued in relation to the User who requested information. EUROB is not responsible nor endorses any opinion, advice, treatment, or diagnosis given by a Viewer to any User.
EUROB does not guarantee the absence of viruses, worms or other harmful computer elements that could cause damage or alterations to the computer system, electronic documents or files of Users and Viewers. It is the obligation of the Users and Viewers, in all cases, to execute in their computer system suitable tools for detecting and disinfecting harmful or damaging computer programs. As a result, EUROB is not liable for any damage that such elements could cause to the User or any other third parties. Related to this, EUROB may at any time restrict access to the Service, Website or Application to any User of Viewer in case it detects it supposes a threat to EUROB systems due to viruses, worms or any other malicious SW.
Accordingly , to the maximum extent allowed by law to give your consent to this License, you agree not to hold EUROB liable, nor their directors, employees, associates, partners, agents and subsidiaries, and that in no event are they liable for losses, damages and lost profits, costs, expenses, direct or indirect damages, including, for example, and without limitation, damages for disruption of the functioning of the Website or the Application, data loss or loss of profits, damages for interruption of its business, whether in contract or tort, including negligence or fault, incurred or suffered by the User or any third party, whether they are produced or related to the access or use of the Website or use of the Application, as well as the information contained in the Website or Application, or information that could be provided by the Application or the Website , even if warned of the possibility of such damages, or for any other reason and regardless of how it occurs.
EUROB does not guarantee the absence of errors or interruptions in access to the Application, the Website or its contents. The Website or Application might therefore be disconnected, suspended, modified, replaced or altered with no prior warning. Nevertheless, EUROB will make its best efforts to correct errors, disconnections or lack of updating of contents as soon as it becomes aware of them, trying to deliver at least a minimum service.
This Website and the Application may include links to other websites, including links provided by any businesses offering their activities, products or services. Some of these sites may contain materials that are open to objection, illegal or incorrect. These links are provided solely for your convenience and they do not mean that we participate in, accept or approve said content and/or sites, or the services that they provide. You acknowledge and agree that we have no control nor legal liability or of any other kind of responsibility for the contents or accuracy of these other sites.
The User and the Viewers accept there is no claim under any circumstances or any compensation for any damage or injury caused by the use of the Service offered by EUROB in any of its versions.
Compensation
The Users and Viewers shall be liable for any kind of damage that EUROB may suffer as a result of the infringement of any of the obligations to which they are subject under these conditions. They will compensate EUROB (which extends to our contractors, employees, directors, sales representatives, parent company, other subsidiary companies and service providers) for any legal liability, claims, demands and expenses incurred by any third party due to (a) your access to the Site, (b) your use of the Application, or (c) an infringement of these Terms of Use by you or any third party using your credentials, and for a breach of any intellectual, fundamental or other right of any person or body. The aforementioned obligation of compensation does not apply to legal liability, claims and expenses that are incurred due to our own negligence or to causes of force majeure or non-intentional bad conduct.


4. Industrial and Intellectual Property Rights
The rights to brands, designs, logos, trade names, images, audio, video, appearing on the Website and/or Application are the exclusive property of EUROB, or have been assigned by third parties under license to EUROB, and prohibit copying or unauthorized reproduction.
The Website and Application may include links that let Users and Viewers access other third party websites. EUROB is committed to respecting the rights of industrial and intellectual property of others and expects Users and Viewers to act in a similar manner.
According to the law in effect at the time, EUROB will respond promptly to claims for infringement on industrial or intellectual property rights that are allegedly committed by Users, Viewers or any third party on the InCity Together Website or Application. Such claims shall, where appropriate, be notified to the appropriate authorities.
If you were the rights holder of industrial or intellectual property or are authorized to act on behalf of the owner thereof, or are authorized to act under any exclusive right to industrial or intellectual property, and to the best of your knowledge and belief you consider that any of your rights are being violated, please notify us through the Website or by sending an email to info@incitytogether.io.

5. Modifications
EUROB reserves the right to change these General Terms of Use and Privacy Policy without notice, unilaterally, at any time and without having to justify the cause or reason. If EUROB amends or changes these General Terms of Use and Privacy Policy, EUROB will inform of all such modifications or changes to the content through the Website and the Application.
Continuing use of the Website and/or Application after said change shall constitute affirmative acknowledgement of the Terms of Use, the changes thereto and your consent to abiding by and being bound by the changed Terms of Use. If at any time you decide not to accept these Terms of Use, even after having received notice of any change to them, please do cancel your account and stop immediately using the Website or Application.
We may transfer this contract at any time to any company, or as part of the sale, merger with or other transfer of our company to another entity. In this case you will notify accordingly as previously stated under point 2.3.

6. Terminating your agreement with EUROB
These General Terms of Use will continue to apply until terminated by either you or EUROB in accordance with the following provisions:
(a) You in any moment and following the steps for an account cancellation may terminate your relationship with EUROB at your own will;
(b) EUROB may resolve its relationship with you at any time if:
(i) EUROB believes that you have acted inconsistently with or breached any of the clauses in the General Conditions of Use and Privacy Policy;
(ii) EUROB is required by law to;
The result of the resolution will be to cancel access to the Services and cancel the account of the User or the Viewer, as appropriate, and cancel access all of their personal data.
Upon any such termination, your right to use the Website and/or the Application will immediately cease. You agree that any termination of your access to or use of the Website and /or Application may be effected without prior notice, and that EUROB may immediately deactivate or delete your password and user name.
You agree that EUROB shall not be liable to you or any third party for any termination of your access to the Website or the Application, and shall not be required to make the information contained in the Website and/or Application available to you after such termination.
Termination of the agreement with EUROB does not seclude from any legal responsibility from your ongoing or past activities or third party claims to which EUROB may be forced to respond in your name.

7. Governing Law and Jurisdiction
The General Conditions of Use and Privacy Policy shall be governed by Spanish law prevalent at the time. Any dispute arising from use of the Website or the Application by the User or by the Viewers, as well as any issues that may arise concerning the interpretation, application and enforcement of these General Terms of Use or the Privacy Policy shall be submitted to the exclusive jurisdiction of the Courts of the City of Madrid (Spain).

Date of last revision of the General Conditions of Use and Privacy Policy: March 1st 2016.