Terms and Conditions of Service

1. Purpose and acceptance

These Terms and Conditions (hereinafter, the "Terms") regulate access to and use of the mobile application Wellbeinn (hereinafter, the "App"), owned by Wellbeinn Performance, S.L. (hereinafter, "Wellbeinn"), CIF B-16407355, with registered office at Calle Reyes Católicos 37B, 03630 Sax (Alicante), Spain, registered in the Alicante Mercantile Registry, Sheet A-199979, IRUS 1000444260360, Electronic Folio Registration 3, contact email legal@wellbeinn.com.

Use of the App implies full and unconditional 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 Capacity and age

To use the App you must:

Be at least 16 years old. Although Art. 7 of the LOPDGDD (Spain) sets the default legal threshold at 14 years, Wellbeinn applies a more conservative policy of 16 years, consistent with the more restrictive regulations of other EU member states (Germany, France, and others that have set the threshold of Art. 8.1 GDPR at 16) and as a business precaution given the sensitivity of the health data processed.
Have full legal capacity to contractually bind oneself.
Provide truthful information and keep it updated.

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

2.2 Mandatory acceptances to use the App

To use the App, it is essential to accept the following three items:

These Terms and Conditions (contractual acceptance of the digital service).
The Privacy Policy (information on the processing of personal data in accordance with Arts. 13 and 14 GDPR).
Explicit consent for the processing of health data (Arts. 6.1.a and 9.2.a GDPR). Wellbeinn is a companion app for the Wellbeinn V8 wearable and, without this consent, lacks a legal basis to process the biophysiological information that constitutes its main functionality.

Refusal of any of these three acceptances prevents the use of the App. This does not constitute an abusive condition: the nature of the service (companion app for a physiological measurement device) makes its operation materially impossible without processing health data. Details, the legal basis for each acceptance, and the additional customization options (commercial communications and product personalization) are developed in the Privacy Policy §4 bis.

3. Service description

Wellbeinn is a companion app for the Wellbeinn V8 wearable that:

Receives physiological and activity data measured by the wearable via Bluetooth.
Calculates and displays derived indicators (sleep quality, recovery, vitality, activity).
Allows management of the linked device and user account.

3.1 Free nature of the service

The App is currently free. It does not require a subscription, contains no in-app purchases, and displays no advertising. The purchase of the Wellbeinn V8 wearable is made through independent channels and is governed by the sales conditions of the corresponding manufacturer or distributor; the hardware is not part of the digital service regulated by these Terms.

Future service model. In the future, Wellbeinn may introduce a paid subscription model for part or all of the App’s functionality. The introduction of a paid model will be notified to the user with reasonable advance notice through the App or by email, in accordance with Art. 85.4 TRLGDCU, providing the opportunity to accept the new terms, suspend use, or cancel the account at no cost before it takes effect.

3.2 Availability

Wellbeinn reserves the right to modify, suspend, or discontinue the service, in whole or in part, at any time, especially for maintenance, security, or product improvement reasons, always respecting the mandatory rights recognized to consumers by the TRLGDCU (Royal Legislative Decree 1/2007).

4. User account and credentials

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

Email and password.
“Sign in with Google.”

You are responsible for:

The accuracy of the data provided during registration.
The custody and confidentiality of your access credentials. Do not share your password with third parties.
All activity carried out under your account. Notify us immediately if you suspect 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.

5. Medical limitations — IMPORTANT

⚠️ Critical medical and sports notice — please read carefully.

Wellbeinn is not a medical device neither in its software component (App) nor in its hardware component (Wellbeinn V8 wearable). It is not designed, certified, or intended to:

Diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

Replacing the advice, diagnosis, or treatment of a healthcare professional.

It does not detect medical emergencies, heart attacks, clinically relevant arrhythmias, or acute events. Do not use the App or wearable as a medical alarm system.

It must not be used in clinical, hospital, or intensive care environments.

The metrics shown are estimates for informational and general wellness purposes. They may contain inaccuracies due to the sensor, wearable positioning, measurement conditions, or user status.

The App does not replace advice from doctors, physiotherapists, sports coaches, sports doctors, or other qualified health or sports professionals. Decisions about health, exercise, recovery, training, nutrition, or sports performance should be consulted with properly qualified professionals who can assess your individual situation.

Before making any decisions related to your health or sports practice, always consult a qualified professional. In case of emergency, contact 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.

6. Acceptable Use

By using the App you agree not to:

Performing reverse engineering, decompiling, disassembling, or attempting to access the source code, except when permitted by law.
Using the App for illegal, fraudulent, or harmful purposes to third parties.
Impersonating another person or organization.
Introducing viruses, malicious code, or carrying out attacks on the service.
Using the App for commercial purposes without prior written authorization from Wellbeinn.
Bypassing or attempting to bypass technical protection measures, usage fees, or security rules of the infrastructure, APIs, or storage.

Failure to comply with these obligations may result in suspension or cancellation of the account.

7. Intellectual and Industrial Property

7.1 Ownership

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, exclusively for personal use and in accordance with these Terms.

This license does not grant you any ownership rights over the App or any of its components.

7.3 User-generated data

Physiological, health, and activity data associated with your account are yours. Wellbeinn processes them as data controller as described in the Privacy Policy. You retain your rights over such data and may exercise the rights recognized by 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 any warranties, express or implied, regarding its fitness for a particular purpose, accuracy of metrics, absence of errors, or uninterrupted availability.
Wellbeinn shall not be liable for indirect damages, lost profits, data loss, lost opportunities, or non-pecuniary damages arising from the use or inability to use the App.
Wellbeinn’s total aggregate liability to the user for any claim related to the App shall be limited to the amount actually paid by the user for the digital service, which is zero euros (€0) as it is a free service.
The above limitations do not apply to cases of willful misconduct, gross negligence, harm to life or physical integrity, nor to the mandatory rights recognized to consumers by the TRLGDCU (Royal Legislative Decree 1/2007), nor to rights derived 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 account cancellation at any time from the My Account screen or by writing to privacy@wellbeinn.com. Cancellation will entail the effective deletion (not pseudonymization) of your data as described in the Privacy Policy, with the only exceptions provided by Art. 17.3 GDPR (legal obligations, defense of claims) or unless you have given specific additional consent for the retention of certain data for research or statistical purposes (Art. 89 GDPR).

9.2 By Wellbeinn

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

Serious or repeated breach of these Terms.
Well-founded suspicion of fraudulent, abusive, or illegal use.
Proven risk to the security of the service or other users.
Legal obligation or requirement from a competent authority.
Definitive termination of service.

When notice is required, it will be 15 calendar days unless the nature of the breach or risk requires immediate measures. Suspension, restriction, or cancellation communications will be sent to the contact email registered in your account. The restricted account cannot be used while the measure lasts; if the cause is resolved, access will be restored. In case of definitive cancellation, data will be processed according to §9.1 and the Privacy Policy.

9.3 Effects of termination

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

10. Modifications to the Terms

Wellbeinn may modify these Terms to adapt them to legal, technical, or service changes. Changes will be communicated with reasonable notice via the App or by email. If you continue using the App after the changes take effect, you will be deemed to accept the new Terms. If you do not agree, you may deactivate your account before they take effect.

11. Applicable law and jurisdiction

These Terms are governed by Spanish law.

For disputes with consumers, the competent Courts and Tribunals will be those of the consumer’s domicile, in accordance with Art. 90.2 TRLGDCU.
For other cases, the parties submit to the Courts and Tribunals of Alicante (Spain), expressly waiving any other jurisdiction that may correspond to them, unless the law imperatively provides otherwise.

11.1 Alternative dispute resolution

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

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

12. Communications and contact

All communication with Wellbeinn regarding these Terms may be addressed to:

Legal and contractual matters: legal@wellbeinn.com
Privacy and data protection: privacy@wellbeinn.com
Technical support: soporte@wellbeinn.com

13. Version and date

Version: 1.0.5
Last update date: April 29, 2026
Available languages: Spanish, English. In case of discrepancy, the Spanish version prevails.