General Conditions

1. Identification of the Parties

These General Terms and Conditions govern the contracting of services offered through ViveLibre. The parties involved in said contracting are:

a. ViveLibre Autonomía Personal, SLU (hereinafter, the Owner) with NIF B87070199, and registered office at Calle La Orotava 4, Boadilla del Monte (28660), Madrid, registered in the Mercantile Registry of Madrid, Volume: 32588, Folio: 140, Section: 8, Registration Sheet: 586555, Entry: 1, is the owner of the Website accessible through the URL: https://www.vivelibre.es/ (hereinafter, ViveLibre or the Website, interchangeably).

b. ‘The User’, understood as any natural person of legal age who calls the ViveLibre telephone number or accesses the online form for contracting, completing all the steps aimed at providing the services, for themselves or as a representative of a third party, who will be considered “User of the Service”, freely and voluntarily, including the acceptance of these General Conditions of Contract. From now on, whenever they are users of the website, they will be referred to as “Users” and if they are contractors, they will be referred to as “Contractors”.

ViveLibre provides the email address  atencionalcliente@vivelibre.es  or the telephone number 900 20 20 30 for possible complaints.

2. Object

The purpose of these Conditions is to regulate the contracting by the Contractors of the services offered by ViveLibre, in exchange for the indicated financial consideration, upon prior acceptance of these Conditions.

These conditions, as contracted by the Contractor, refer on the one hand to the “ViveLibre Mobility”, “ViveLibre Home Telecare”, “ViveLibre Health” or “ViveLibre Home” Service or, on the other hand, to their joint contracting.

3. Description of the Contracting Process

The contracting process for Contractors is carried out by telephone, and the Contractor must provide the data required at the time of the call, such as user identification data, and it is necessary for the Contractor to record such data so that the contracting process can be managed, after listening to the telephone announcement and the pre-contractual information offered by the ViveLibre employee who makes or answers the call.

The Contractor, after listening to the pre-contractual information offered by ViveLibre, must either expressly confirm his/her willingness to contract in the call, at which point the contract will be deemed formalized, or electronically sign it through the signature system proposed by ViveLibre.

After this, ViveLibre, depending on the method chosen by the Contractor, will send the corresponding documentation, providing in said communication the present General Conditions, the Specific Conditions agreed with the Contractor and the Privacy Policy, together with the established payment method.

The payment method for collecting the services will be direct debit, with ViveLibre charging the monthly receipt to the Contractor’s current account between the ONE (1) and FIVE (5) days of each month. Direct debit will be made through the SEPA mandate.

In any case, once the corresponding documentation has been read and signed, and if it is not sent automatically, the Contractor must send it to ViveLibre by the agreed means.

Likewise, at the beginning of each month, ViveLibre may send the corresponding invoice to the Contractor. In this case, by accepting these Conditions, the Contractor allows the sending of an electronic invoice. At any time, the Contractor may object to this by indicating this to the email address that can be found in the Legal Notice.

4. Services

4.1. Main services

Without prejudice to the Specific Conditions agreed with the Contractor regarding the services included in each service, depending on what was contracted, ViveLibre services include the following:

A)  ViveLibre Mobility

This service offers a system aimed at promoting the autonomy of people with support needs, which allows family members and people close to the User to be informed at all times of their situation and which, in coordination with a specialized care center, facilitates interaction between them and intervention in certain situations.

The ViveLibre Mobility service is provided through the “ViveLibre” App.

Its main features are as follows:

a. Contact ViveLibre’s 24-hour customer service center or your contact persons.

b. Request for support in the event of an emergency.

c. Possibility of being located and geographically located.

d. Establishment of certain notices and reminders.

B)  ViveLibre Home Telecare

This service provides personalized telephone support and facilitates assistance to the User at home, providing an immediate response in times of emergency or insecurity, loneliness and isolation, with the support of the necessary resources and the use of information and communication technologies.

The ViveLibre Home Telecare service is provided through the installation of specialized equipment or terminals, owned by ViveLibre or a third-party service operator, at the User’s home. The installation period is a maximum of 7 days from the date of collection of the information to ensure correct provision of the Service (personal, health, social, contact data, etc.), provided that a later date is not agreed by mutual consent.

Its main features are as follows:

a. 24-hour telephone assistance via hands-free terminal or accompanying pendant.

b. Agenda and reminder service.

c. Supply and maintenance of Telecare equipment.

d. Repair of breakdowns: Breakdowns that do not compromise the Service, such as low battery in callers, broken cord or bracelet, etc., will be considered maintenance tasks and will be resolved within a period of less than 30 days, provided that a different date is not mutually agreed with the User. Terminal breakdowns that substantially affect or condition the operation of the Telecare Service will be repaired within a period of less than 48 hours from notification, provided that a new date for resolution is not mutually agreed.

C)  Live Free Home

This service is based on the installation of a series of devices and sensors for indoor location and tracking in the Client’s home.

This sensor system continuously monitors the activity of users at home, obtaining data on their positioning, fall detection, inactivity detection, degree of verticality, multifactorial analysis of sleep and kinematic metrics, etc.

The ViveLibre Hogar service aims to be a global solution for the promotion of personal autonomy and prevention and health care, betting on a new model of proactive care in which, thanks to the analysis of massive data, preventive action can be taken in situations that may be considered a risk for the User (that is, not only intervening in emergencies – for example, a fall -, but also being able to detect and anticipate a deterioration in the health status or increase in the fragility of the User).

D)  Live Free Health

This service is focused on prevention and health care, and provides the User with a system for monitoring physiological parameters and biometric variables based on measurements obtained with a series of devices that must have health certification (thermometer, blood pressure monitor, glucometer, pulse oximeter) or electronic measurement device certification (scale).

The ViveLibre Salud service allows for anticipating potential risk situations based on these measurements and provides specialized healthcare personnel with an advanced clinical decision support system.

The service works with the ViveLibre App, which, apart from taking measurements itself, allows the consultation of the measurement history and the downloading of reports, as well as the generation of alerts (detection of out-of-range measurements, trend analysis, etc.)

There is also a ViveLibre application so that authorized family members can also consult the Users’ measurements and reports.

The ViveLibre Health service is a service designed for monitoring and caring for health. Although it has a system for generating alerts, it does not constitute a health care system and does not in any case replace the user’s regular or emergency medical care.

4.2. Additional services

The following complementary services are also offered:

a. Complementary callers (ViveLibre Home Telecare service).

b. Key safekeeping service: This involves the delivery of a copy of the keys to your home to the service operator for emergency situations. The User must formalize the “KEY SAFETY” document attached as an Annex to these conditions.

c. GSM Line: This Service will be made available to those Users who do not have the necessary technical connectivity conditions at their home to enable the provision of the Service, namely: Internet connection, own GSM line or conventional analogue telephone line whose quality is considered sufficient to guarantee an adequate level of Service. This type of connection requires the installation of a SIM card in the User’s Telecare terminal.

5. Specific Conditions for Registration in the “ViveLibre” App

These Specific Registration Conditions are signed, on the one hand, by ViveLibre, and on the other, by the User for whom ViveLibre has created an account in the  “ViveLibre ” App  after completing the Contracting process, together with the acceptance of these Specific Conditions.

5.1. Obligations of the Registered User

The Registered User has the following obligations:

a. Do not use or attempt to use another User’s account without authorization or consent.

b. Be solely responsible for all activities carried out from your personal account on ViveLibre.

c. Maintain the confidentiality of your access data, as you will be responsible for any damage suffered by you or third parties due to your failure to comply with these Conditions. You will also be responsible for what happens to your personal account unless its security has been compromised for reasons beyond your control. Specifically, you must:

i. Keep the account updated.

ii. Store the chosen password confidentially.

iii. Be the only User who uses the created account.

iv. Do not market, sell or transfer the account to a third party.

d. ViveLibre reserves the right to verify the User’s profile and may delete or suspend the account in the event of non-compliance with these legal texts or any other applicable texts.

5.2. Modification of the User account

At any time, the Registered User may modify the data and addresses of his/her personal account through the User area.

6. Pricing policy and characteristics of services

The price of the main services, depending on the one or ones chosen, as well as depending on the complementary services contracted, will be that agreed between the parties in the corresponding Specific Conditions or that shown on the Website, including VAT or any applicable taxes.

Any additional concept will be indicated on the Website or noted in the telephone call, so that Users will have access to it before starting the contracting procedure.

Billing for the Service will begin at the time of consent by the User for the provision of the Service. If that moment takes place between the 1st and 15th of the month, ViveLibre will bill the full month of the Service, billing 50% of the price if consent takes place between the 16th and 30th of the month.

The billing of the service will be done on a monthly basis, with ViveLibre issuing the invoice for each month within the first FIVE (5) days of the following month. The invoices will be sent to the customer’s contact email address.

Since payment will be made by means of a SEPA Direct Debit Order, ViveLibre will attach the Order template by email or by the means agreed upon in the call where the contract is made or at the address indicated in the contract form on the Website, to be completed and signed by the Contractor and which must be sent back to ViveLibre to execute the order and keep it safe.

Promotions or discounts may be indicated on the Website, such as discount coupons applicable during the contracting process. Such circumstances will appear on the screen as well as the conditions that may apply to them.

The return of a receipt by a Contractor may entail an additional and one-time charge of THREE EUROS (€3) for bank management and new issuance costs.

Failure to pay any invoice after THIRTY (30) days from its issuance will entitle ViveLibre to unilaterally terminate the Contract, as well as to suspend the provision of the Service and to initiate all legal actions it deems necessary to collect the amounts owed.

The characteristics, content and particularities of the services will be those shown at all times on the Website.

7. Obligations of the parties

7.1. Obligations of the Owner

ViveLibre is committed to:

a. To carry out in an effective and efficient manner all procedures aimed at the execution of the reception by users of the services subscribed between the parties.

b. Send the Contractor all the information and documentation necessary for the provision of services.

c. Provide prompt service and treat the Contractor with respect and kindness.

d. Make follow-up calls at the previously established frequency.

e. In the event of an alarm due to a social or health emergency, immediately notify public or private resources (designated by the Contractor), providing their location and all relevant information available.

f. Comply with these obligations, as well as any others that may be applicable.

7.2. Obligations of the  Contractors

By accepting these Conditions, Contractors who hire the services agree to:

a. Pay the corresponding amounts specified in the contracting process in a timely manner. Failure to pay will exempt ViveLibre from compliance with the obligations set forth herein, and any others it may have contracted in exchange for receiving the financial compensation for the services.

b. Be responsible for the truthfulness and authenticity of any data provided to contract the selected services.

c. Assume the responsibilities arising from any of the requirements demanded by these Conditions to hold the status of Contractors, as well as the lack of documentation necessary for payment of the provision of services.

d. Comply with any other obligations contained in these Conditions or in any other applicable ones and assume any liability arising from their non-compliance, leaving the Owner completely harmless.

e. Allow access to the home in a health emergency, in the case of contracting the Key Custody Service.

f. Report absences from your home (only for ViveLibre Home Telecare Service).

g. Do not open, modify or improperly manipulate the Telecare equipment and devices, those for measuring Health variables or for Home sensing, nor use them for any purpose other than the provision of the Service.

h. In the event of service cancellation, return the equipment and the installed devices in good condition. If after 30 days from the User’s notification of cancellation, ViveLibre or the service operator have not been able to recover the equipment for reasons attributable to the Contractor or the User of the Service, the amount of €150 will be charged to cover the cost of the devices (only for ViveLibre Home Telecare Service).

i. Do not move the terminal to a residence other than the one where the terminal is installed. If you change your address within a 50 km radius, always within the Service coverage area, you must request the transfer to ViveLibre.

8. Right of Withdrawal

In accordance with the provisions of consumer and user regulations, the services offered by ViveLibre would be outside the TRLGDCU because they are social services. Consequently, there would be no right of withdrawal. However, in the event that it is applicable, in accordance with article 103 a) of the Consumer and User Law, the Contractors do not have the right to withdraw from the contract as soon as the subscribed services are executed, understanding as such:

a. Installation of the telecare terminal, in the event that the “ViveLibre Home Telecare” service has been contracted.

b. Installation and access to the “ViveLibre” application, in the event that the “ViveLibre Mobility” service or the “ViveLibre Health” service has been contracted.

c. The installation of location devices and sensors, in the event that the “ViveLibre Hogar” service has been contracted.

9. Entry into force, duration and termination of the contract

The Contract will enter into force on the day it is signed and will be of an indefinite nature. Without prejudice to the foregoing, the ViveLibre Mobility, ViveLibre Health and ViveLibre Home Services will be considered active from the moment in which the Service User expressly consents to the provision of the Service by accepting its conditions in the corresponding applications. Said consent will be collected, directly and electronically, during the installation process of the mobile application on the Service User’s smartphone. For its part, the ViveLibre Home Telecare Service will be considered active from the moment the terminal is installed in the Service User’s home.

The Contractor may terminate this Contract at any time by giving ViveLibre written and reliable notice of its will. In such case, the Contractor undertakes to notify the Service User of such termination, holding ViveLibre harmless from any liability arising therefrom. The Contractor undertakes to pay the proportional part of the month of service in accordance with the provisions set forth below.

Without prejudice to the above, the contracting of some services may entail a commitment of permanence, in which case the Contractor is obliged to keep his contract in force until the moment in which said permanence ends or, alternatively, to pay ViveLibre the amount pending payment at the time of the termination of the contract. This commitment of permanence will in any case be included in the Specific Conditions of Contract.

ViveLibre may terminate the Contract by giving reliable written notice of its will to the Contractor, with a minimum notice period of 30 days.

Likewise, the Service User may revoke his/her consent to the provision of the Service at any time by giving ViveLibre a reliable written notice of his/her wishes. In such case, ViveLibre will not be able to continue providing the Service, which will be interrupted immediately, the advance notice established in the previous paragraph not being applicable and the Contractor being obliged to pay the full amount for the current month.

In the event of service cancellation, the full month in which the cancellation is notified will be billed if the notification takes place between the 16th and 30th of the month, and 50% of the price will be billed if the cancellation is notified between the 1st and 15th of the month.

10. License to use the applications

By accepting this License of Use and provided that the User complies with all of his/her obligations as provided in this License, in the General Terms and Conditions of Contract or other applicable conditions, the Owner grants the User a right to use the “ViveLibre” App, as it is offered at any time, non-exclusive, without the possibility of assignment or sublicense, worldwide and for as long as the App remains installed on the User’s device, by virtue of which:

a) The User is authorized to download and install the App on his or her mobile device without limits, although measures may be implemented to limit the number of simultaneous connections from a single location or IP address simultaneously.

b) Likewise, the User is authorized to access and use the App, as long as it is active and available, for personal and private purposes.

c) Notwithstanding the foregoing, the use of the functionalities of the App requires the prior contracting of the services of the Owner.

Under no circumstances is the User authorized under this license to use it for commercial purposes and/or purposes other than those provided for in the previous section.

This license of use does not imply the transfer of any intellectual or industrial property rights over the App or any content contained therein, the intellectual property rights over the App and all the elements that comprise it (including the programming, design, applications, graphics, codes, text or images contained therein, as well as the published content and the technology associated with it) being the exclusive property of ViveLibre Autonomía Personal, SLU or it having sufficient rights or authorizations for its exploitation. Consequently, the reproduction, distribution, public communication, making available or transformation of ViveLibre or any element integrated into the App is prohibited.

11. Conflict resolution

ViveLibre has a complaints and claims system available to Contractors and Users of the Services, which can be made by telephone, in writing or by requesting the complaint forms found in its Telephone Service Center. ViveLibre undertakes to follow up on these complaints, seeking, whenever possible, the satisfaction of its Contractors and Users of the Services.

12. Assignment and subcontracting

ViveLibre may subcontract third parties for the provision, in whole or in part, of the contracted Services, and may also transfer its position in this Contract to any other company or organization linked to it. In such case, it must comply with the data protection regulations of the Contractors and/or Users of the Services, signing the necessary data processing contracts.

13. Disclaimer of liability

The Owner is in no case responsible for any damages or losses caused to the Contractor for reasons attributable to the latter. ViveLibre will be solely and exclusively responsible for any damages or losses caused as a result of the contracts made, provided that they arise from a fraudulent or negligent action by the former.

By way of example only, ViveLibre is not responsible for:

a. The usefulness of the services contracted by the Contractor, since at no time is the Owner responsible for the selection made.

b. Personal or material damages caused as a result of the use of the services, provided that the recommendations specified therein have not been followed.

c. Failure to comply with its obligations due to force majeure, such as, but not limited to, pandemics, internal or external strikes, natural disasters, social unrest, etc.

d. Breakdowns caused by factors outside the Service, such as measurement errors, breakdowns or faulty calibration of sanitary measurement devices or their misuse or improper maintenance by the Contractor, breakdowns of the telephone operator or the Contractor changing the company to one not compatible with the Service.

e. The interruption of services for reasons attributable to the Contractor, such as not having enough battery power in the phone for use, not having voice and data coverage, and not having the GPS activated.

The Contractor thus acknowledges that he/she contracts the services at his/her own risk and venture, and that ViveLibre’s activity is limited to the execution of the material tasks necessary for the processing, management and provision of such services.

ViveLibre is not responsible for any representations or warranties regarding the suitability of its services for a particular use. If the User is not satisfied with ViveLibre’s services, he/she may unsubscribe by sending the corresponding request, according to the system offered to him/her at any given time for this purpose.

ViveLibre Salud is not a medical product for autonomous use; any use of it for medical or rehabilitation purposes of any kind must be permanently supervised by specialists. The alerts or reports of this service are only of a guiding and preventive nature, with the responsibility for the state of health always and in all cases falling on the user of the service.

In any case, the liability assumed by ViveLibre towards the Contractor shall in no case include loss of profits and shall be limited, as a maximum and for any reason, to the total amount received by ViveLibre from the Contractor in consideration for contracting the service in accordance with these Conditions.

14. Compensation

Any damage, loss, expense or cost (including attorneys’ and/or solicitors’ fees) arising from a breach by the Contractor of the services of these Conditions or any other applicable conditions, incurred by ViveLibre, must be compensated by the Contractor who caused it. This includes any claim by third parties arising from such breaches.

15. Modifications

These Conditions may be modified and/or updated at any time without prior notice.

In such case, ViveLibre is obliged to notify the Contractor of such modifications at least one (1) month in advance of their entry into force, informing him of his right to terminate the Contract without penalty if he does not agree with such modification, which he must communicate in writing to ViveLibre within a maximum period of fifteen (15) days from the date of such notification. Consequently, the Contract will be terminated immediately and the Contractor will only have to pay for the period consumed in the current month. If the Contractor does not communicate such disagreement within the aforementioned period, it will be understood that he accepts the new contractual conditions.

16. Other issues

16.1. Safeguarding and interpretation

If any of these provisions is declared illegal, invalid or unenforceable by the competent authority, that provision shall be interpreted in the manner closest to the original intention of that provision. In any event, such declaration in respect of one or more clauses shall not prejudice the validity of the remaining clauses.

The failure by ViveLibre to demand strict compliance with any of the terms of these Conditions does not constitute nor may it be interpreted in any case as a waiver on its part to demand it in the future.

16.2. Language

The language applicable to these Conditions is Spanish. If versions in other languages ​​are offered, this is only out of courtesy and for the convenience of the Contractor. Therefore, the Contractor expressly accepts that they are governed by the Spanish version. In the event of any contradiction, the Spanish version shall prevail.

16.3. Legislation and jurisdiction

The relations between the Owner and the Contractors shall be governed by Spanish law and any discrepancies or conflicts regarding these Conditions shall be submitted to the Courts and Tribunals of the Contractor’s domicile, provided that the latter has the status of consumer and user in accordance with the applicable regulations. In the event that the Contractor is not considered a consumer and user in accordance with the provisions of current regulations, the parties shall be subject to the Courts and Tribunals of Madrid.

If the Contractor has any problem arising from the provision of the services available on the Website, he/she may resort to the European Union’s online dispute resolution system, accessible from the following link:  https://webgate.ec.europa.eu/odr/