Terms and Conditions of Use for the Wellbeinn App

Terms and Conditions of Use of the Wellbeinn App

1. Purpose and acceptance

These Terms and Conditions (the «Terms») govern access to and use of the Wellbeinn mobile application (the «App»), owned by Wellbeinn Performance, S.L. («Wellbeinn»), Spanish Tax Identification Number B-16407355, with registered office at Les Pedreres C/ Primer de maig 11, 03610 Petrer, Alicante), Spain, registered with the Alicante Commercial Registry, Sheet A-199979, IRUS 1000444260360, Electronic Folio, Entry 3, contact email legal@wellbeinn.com.

Use of the App implies full and unreserved acceptance of these Terms. If you do not agree with any of them, you must refrain from using the App.

2. Legal capacity, minimum age, and mandatory acceptances

2.1 Legal capacity and age

To use the App, you must:

  • Be at least \16 years old\. Although Article 7 of the LOPDGDD sets the default legal threshold at 14 years, Wellbeinn applies a more conservative policy of 16 years, for consistency with the more restrictive regulations of other EU Member States (Germany, France, and others that have set the threshold under Article 8.1 GDPR at 16) and as a business precaution given the sensitivity of the health data processed.
  • Have full legal capacity to enter into a contract.
  • Provide truthful information and keep it up to date.

If we detect that a person under 16 has registered, we will suspend the account immediately and, unless parental verification is provided, delete the data within a maximum of 30 calendar days.

\Certain optional features are not available to users under 18 years of age\, in accordance with section 10 of the Privacy Policy.

2.2 Mandatory acceptances for using the App

  1. These \Terms and Conditions\ (contractual acceptance of the digital service).
  2. The \Privacy Policy\ (information on processing in accordance with Arts. 13 and 14 GDPR).
  3. The \explicit consent to the processing of health data\ (Arts. 6.1.a and 9.2.a GDPR). Wellbeinn is a \companion app\ for physiological measurement devices and, without this consent, has no legal basis for processing the biophysiological information that constitutes its core functionality.

Refusal of any of these three acceptances prevents use of the App. This does not constitute abusive conditioning: the nature of the service makes its operation materially impossible without processing health data.

\No other acceptance is required to access the Service.\ Additional personalization options are set out in Privacy Policy §4 bis.

3. Service description

Wellbeinn is a companion app for the Wellbeinn V8 wearable and other connected devices in the Wellbeinn ecosystem that:

  • It receives physiological and activity data measured by the linked device via Bluetooth.
  • It calculates and displays derived indicators (sleep quality, recovery, vitality, activation, stress, and other aggregated physiological-status indicators).
  • It allows you to manage linked devices and the user account.

3.a “AI Coach” conversational assistant

An assistant that responds to your questions about well-being, rest, and training based on the indicators associated with your account, using language models provided by the third party identified in Privacy Policy §7, which acts as a data processor.

Your responses are generated automatically. It is fully subject to the medical limitations in section 5, and in particular §5.1.

3.b Sharing with organizations

This feature is not currently available in the App. It is described here because it forms part of the planned Service, and its launch will be communicated to users.

When available, it will allow you to authorize an organization —sports club, coach, healthcare professional, company, or other entity— to access certain data from your account, under the terms of section 7 bis of the Privacy Policy.

It will be voluntary, disabled by default, and activated exclusively by your action, authorization by authorization, by selecting which types of data you make available to each organization. You may revoke any authorization at any time from the App, with immediate effect and without any cost or consequence for the rest of the Service.

The organization you authorize will act as an independent data controller. Wellbeinn will contractually impose obligations on it regarding limited purposes, security, non-reuse, no onward transfer, and deletion, but will not be responsible for how that organization uses the data once accessed or for the decisions it makes based on that data. Any complaint about such subsequent use should be addressed to the organization, without prejudice to your rights against Wellbeinn under data protection regulations.

3.1 Free nature of the service

The App is currently free of charge. It does not require a subscription and does not contain in-app purchases.

The App does not display advertising from Wellbeinn or third parties. If you voluntarily enable the commercial communications options under Privacy Policy §4 bis.2, you will receive communications from Wellbeinn by email, which you may disable at any time without any effect on the Service.

The wearable and other devices are purchased through channels independent of the digital service. When the purchase is made through the wellbeinn.com store, the seller is Wellbeinn Performance, S.L., and the store’s Terms of Service, Refund Policy, and the legal guarantee of conformity provided for in RDLeg 1/2007 will apply. When the purchase is made through another distributor, that distributor’s terms of sale will govern. Under no circumstances does the hardware form part of the digital service regulated by these Terms.

Future service model. Wellbeinn may introduce a paid subscription model for part or all of the functionality. The introduction of a paid model will be notified at least 30 calendar days in advance through the App or by email, in accordance with Article 85.4 of the TRLGDCU. No paid functionality will be activated without your express acceptance; you may accept the new terms, continue using the free functionality offered at that time, or cancel your account at no cost before they take effect.

3.2 Availability

Wellbeinn reserves the right to modify, suspend, or discontinue the service, in whole or in part, especially for maintenance, security, or product improvement reasons, always respecting the mandatory rights granted to consumers under the TRLGDCU (RDLeg 1/2007). When the modification substantially and negatively affects the Service, you will be notified within a reasonable period in advance and may cancel your account at no cost.

4. User account and credentials

To use the main features, you must create an account. The following registration methods are available:

  • Email and password.
  • “Sign in with Google”.

You are responsible for:

  • The accuracy of the information provided during registration.
  • The safekeeping and confidentiality of your credentials. Do not share your password with third parties.
  • All activity carried out under your account. Notify us immediately of any suspected unauthorized access through legal@wellbeinn.com.

Each user may have only one personal account. Creating duplicate accounts or using false identities may result in immediate suspension of access.

You can consult the version of the legal documents you have accepted at any time and manage your voluntary options from Profile → Legal and privacy.

5. Medical limitations — IMPORTANT

⚠️ Critical medical and sports notice — please read carefully.

Wellbeinn is not a medical device, either in its software component (App) or its hardware component (Wellbeinn V8 wearable and other connected devices). It is not designed, certified, or intended to:

  • Diagnose, treat, cure, mitigate, or prevent any disease or medical condition.
  • Replace the advice, diagnosis, or treatment provided by a healthcare professional.
  • Detect medical emergencies, heart attacks, clinically significant arrhythmias, or acute events. Do not use the App or the devices as a medical alarm system.
  • Be used in clinical, hospital, or intensive care settings.

The metrics displayed are estimates for informational purposes and general well-being. They may contain inaccuracies resulting from the sensor, device positioning, measurement conditions, or the user's condition.

The App does not replace the advice of doctors, physiotherapists, sports coaches, sports medicine physicians, or other qualified healthcare or sports professionals. Decisions regarding health, exercise, recovery, training, nutrition, or sports performance should be discussed with appropriately qualified professionals, who can assess your individual situation.

Before making any decision related to your health or sports activities, always consult a qualified professional. In an emergency, contact the emergency services (112 in the European Union).

Use of the App does not establish any doctor-patient, physiotherapist-patient, or personal training relationship with Wellbeinn or its collaborators.

5.1 Specific warning regarding the AI Coach assistant

The AI Coach responses (§3.a) are generated automatically using a language model. Consequently:

  • They are for general guidance and informational purposes, and may contain errors, inaccuracies, or incorrect statements.
  • They do not constitute medical advice, diagnosis, prescription, or personalized training guidance, and they have not been reviewed by a healthcare professional.
  • In no event do they replace the judgment of a qualified professional, and all the warnings in this section 5 apply to them in full.
  • You must not use the AI Coach to obtain guidance in medical emergencies. In the event of any symptom or emergency, contact emergency services.

Wellbeinn does not guarantee the accuracy, completeness, or suitability of the responses generated for your particular situation, and recommends that you consult a professional regarding any significant health-related decision.

6. Acceptable use

When using the App, you agree not to:

  • Reverse engineering, decompiling, disassembling, or attempting to access the source code, except where permitted by law.
  • Using the App for unlawful, fraudulent, or harmful purposes toward third parties.
  • Impersonating another person or organization.
  • Introducing viruses or malicious code, or carrying out attacks on the Service.
  • Entering false data in order to alter the indicators or the operation of the Service.
  • Using the App for commercial purposes without Wellbeinn’s prior written authorization.
  • Circumventing or attempting to circumvent technical protection measures, usage quotas, or the security rules of the infrastructure, APIs, or storage.

Non-compliance may result in the suspension or cancellation of your account in accordance with §9.2.

7. Intellectual and industrial property

7.1 Ownership

The App, its design, source code, trademarks, logos, text, images, sounds, databases, indicator calculation algorithms, and other elements are the property of Wellbeinn or its licensors. All rights are reserved.

7.2 License to use

Wellbeinn grants you a personal, non-transferable, non-exclusive, revocable, and limited license to download, install, and use the App on your compatible devices, solely for personal use and in accordance with these Terms. This license does not grant you any ownership rights in the App or its components.

7.3 User-generated data

The physiological, health, and activity data associated with your account belong to you. Wellbeinn processes them as the data controller, as described in the Privacy Policy. You retain your rights to such data and may exercise the rights granted to you under the GDPR at any time.

8. Limitation of liability

To the maximum extent permitted by applicable law:

  • The App is provided “as is” and “as available,” without warranties of any kind, express or implied, regarding its suitability for a particular purpose, the accuracy of metrics, error-free operation, or uninterrupted availability.
  • Wellbeinn shall not be liable for indirect damages, loss of profits, data loss, loss of opportunity, or non-material damages arising from the use of or inability to use the App.
  • Wellbeinn is not responsible for decisions you make about your health, training, recovery, or nutrition based on the indicators displayed or the AI Coach's responses, in accordance with the warnings in section 5.
  • Wellbeinn is not responsible for how organizations you have expressly authorized use your data pursuant to §3.b; they act as independent data controllers.
  • Wellbeinn's total aggregate liability to the user for any claim related to the App will be limited to the amount actually paid by the user for the digital service, which is zero euros (€0) because it is a free service.

The foregoing limitations do not apply in cases of willful misconduct, gross negligence, harm to life or physical integrity, or to mandatory rights granted to consumers by the TRLGDCU (Royal Legislative Decree 1/2007), or those arising from Regulation (EU) 2019/770 on the supply of digital content and services and Law 11/2023.

9. Suspension and termination

9.1 By the user

You may stop using the App and request closure of your account at any time from your account settings in the App or by writing to privacy@wellbeinn.com.

Account closure will entail the effective deletion (not pseudonymization) of your personal and health data as described in the Privacy Policy, within a maximum period of 30 calendar days, with only the following exceptions:

  • Those provided for by Article 17.3 GDPR (legal obligations and the defense of claims).
  • The consent audit log, which is retained for 4 years from account closure pursuant to Article 7.1 GDPR and contains only the record of the consent given and withdrawn (identifier, date and time, version of the accepted text, language, and authorized purposes), never your health data. Without this log, Wellbeinn would be unable to demonstrate to you or to the supervisory authority the lawfulness of the processing carried out.
  • Data for which you have given specific additional consent for retention for research or statistical purposes (Article 89 GDPR).

The complete retention periods are set out in section 6 of the Privacy Policy.

9.2 By Wellbeinn

Wellbeinn may suspend, restrict, or cancel access to your account, with reasonable prior notice where possible and without notice in urgent situations (security risk or request from an authority), in the following cases:

  • Serious or repeated breach of these Terms.
  • Reasonable suspicion of fraudulent, abusive, or unlawful use.
  • Demonstrated risk to the security of the service or other users.
  • Legal obligation or requirement of a competent authority.
  • Permanent discontinuation of the service.

Where prior notice is required, it will be 15 calendar days unless the nature of the breach or risk requires immediate action. Communications will be sent to the email address registered to your account stating the reason, and you may object to the measure by writing to legal@wellbeinn.com.

The restricted account may not be used for the duration of the measure; if the cause is resolved, access will be restored. In the event of permanent cancellation, the data will be processed in accordance with §9.1 and the Privacy Policy.

9.3 Effects of termination

Termination will not affect rights and obligations accrued beforehand. Clauses that by their nature should survive (intellectual property, limitation of liability, applicable law, and jurisdiction) will remain applicable.

Nor will it affect the rights granted to you under data protection regulations, which you may continue to exercise in accordance with section 9 of the Privacy Policy.

10. Amendments to the Terms

Wellbeinn may amend these Terms to adapt them to legal, technical, or service-related changes.

When the change is substantial, the App will display an acceptance screen the next time you log in, and you must expressly accept it to continue using the Service. Wellbeinn will retain evidence of the accepted version, the date and time, the language, and the authorized purposes.

Continued use of the Service does not constitute tacit acceptance of a new version.

Substantial changes include, among others, those affecting the description of the Service, the included features, the pricing model, the limitation of liability, or user rights. Non-substantial changes (correction of typographical errors, updating contact details, or drafting improvements without changing the scope) will be published with an indication of the version and date, without requiring renewed acceptance.

If you do not agree with the new version, you may close your account and request the deletion of your data in accordance with §9.1, at no cost.

11. Applicable law and jurisdiction

These Terms are governed by Spanish law.

  • For disputes with consumers, the Courts and Tribunals of the consumer's domicile shall have jurisdiction, in accordance with Article 90.2 of the Spanish General Law for the Defence of Consumers and Users.
  • For all other cases, the parties submit to the jurisdiction of the Courts and Tribunals of Alicante (Spain), expressly waiving any other jurisdiction, unless the law mandatorily provides otherwise.

If you act as a consumer and reside in another Member State of the European Union, the choice of Spanish law does not deprive you of the protection afforded by the mandatory provisions of your country of residence (Article 6.2 of Regulation (EC) 593/2008, Rome I).

11.1 Alternative dispute resolution

If you are a consumer, you may refer the matter to an accredited alternative dispute resolution entity in accordance with Law 7/2017 of November 2, which incorporates Directive 2013/11/EU on alternative dispute resolution for consumer disputes into Spanish law. The updated list of accredited entities in Spain can be consulted on the website of the Spanish Agency for Food Safety and Nutrition (AESAN) and in the competent regional registers.

(The European Online Dispute Resolution Platform established by Regulation (EU) 524/2013 was repealed by Regulation (EU) 2024/3228, with the platform effectively ceasing operations on July 20, 2025; therefore, this version of the Terms does not mention it as an operational avenue.)

Regarding data protection, you may also lodge a complaint with the Spanish Data Protection Agency (www.aepd.es) or with the supervisory authority in your country of residence.

12. Communications and contact

13. Version and date

  • Version: 1.0.6
  • Effective date: August 19, 2026
  • Available languages: Spanish, English. The English version is a courtesy translation; in the event of any discrepancy, and unless the consumer protection regulations of the user's country of residence provide otherwise, the Spanish version shall prevail.

14. Version history

Version Date Substantial changes
1.0.6 19/08/2026 Addition of the AI Coach assistant and sharing with organizations to the description of the Service (§3). New specific warning about the AI Coach (§5.1). New disclaimers of liability (§8). Harmonization of the retention period for the consent records (§9.1). Replacement of tacit acceptance of amendments with express acceptance (§10).
1.0.5 29/04/2026 Previous version