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"), Tax ID B-16407355, registered office at P.I. Les Pedreres C/ Primer de maig 11, 03610 Petrer, Alicante, Spain, registered at the Commercial Registry of Alicante, 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 disagree 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 LOPDGDD sets the default legal threshold at 14, Wellbeinn applies a more conservative policy of 16, for consistency with the more restrictive rules of other EU Member States (Germany, France and others that have set the Art. 8(1) GDPR threshold at 16) and out of commercial caution given the sensitivity of the health data processed.
Have full legal capacity to enter into binding contracts.
Provide accurate information and keep it up to date.

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

Certain voluntary options are not offered to users under 18, in accordance with section 10 of the Privacy Policy.

2.2 Mandatory acceptances

These Terms and Conditions (contractual acceptance of the digital service).
The Privacy Policy (information on processing under Arts. 13 and 14 GDPR).
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 to process the biophysiological information that constitutes its core functionality.

Refusing any of these three prevents use of the App. This is not an abusive condition: the nature of the service makes its operation materially impossible without processing health data.

No other acceptance conditions access to the Service. Additional personalisation options are set out in Privacy Policy §4 bis.

3. Description of the service

Wellbeinn is a companion application for the Wellbeinn V8 wearable and other connected devices in the Wellbeinn ecosystem, which:

Receives, over Bluetooth, physiological and activity data measured by the paired device.
Calculates and displays derived indicators (sleep quality, recovery, vitality, activation, stress and other aggregate indicators of physiological state).
Allows management of paired devices and of the user account.

3.a Conversational assistant "Coach AI"

An assistant that answers your questions about wellbeing, rest and training based on the indicators associated with your account, relying on language models provided by the third party identified in Privacy Policy §7, which acts as a processor.

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

3.b Sharing with organisations

This functionality 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 authorise an organisation — a sports club, trainer, healthcare professional, employer or other entity — to access certain data in your account, in accordance with section 7 bis of the Privacy Policy.

It will be voluntary, disabled by default, and activated solely by your action, authorisation by authorisation, selecting which data types you make available to each organisation. You will be able to revoke any authorisation at any time from the App, with immediate effect and at no cost or consequence to the rest of the Service.

The organisation you authorise will act as an independent controller. Wellbeinn will contractually impose obligations of purpose limitation, security, non-reuse, non-disclosure and deletion, but will not be liable for the use that organisation makes of the data once accessed, nor for decisions it takes on that basis. Any claim regarding that subsequent use must be directed to the organisation, without prejudice to the rights you hold against Wellbeinn under data protection law.

3.1 Free-of-charge nature of the service

The App is currently free. It requires no subscription and contains no in-app purchases.

The App displays no advertising, whether its own or third-party. If you voluntarily enable the commercial communication options in Privacy Policy §4 bis.2, you will receive communications from Wellbeinn by email, which you may disable at any time with no effect on the Service.

The wearable and other devices are purchased through channels independent of the digital service. Where the purchase is made in the wellbeinn.com store, the seller is Wellbeinn Performance, S.L., and the store's Terms of Service, Refund Policy and the statutory guarantee of conformity under RDLeg 1/2007 will apply. Where the purchase is made through another distributor, that distributor's terms of sale will govern. In no case does the hardware form part of the digital service governed 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 with a minimum of 30 calendar days' notice through the App or by email, in accordance with Art. 85(4) TRLGDCU. No paid functionality will be activated without your express acceptance; you may accept the new conditions, continue with whatever free functionality is then offered, or close your 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, particularly for maintenance, security or product improvement reasons, always respecting the mandatory rights granted to consumers by TRLGDCU (RDLeg 1/2007). Where a modification substantially and adversely affects the Service, you will be notified with reasonable advance notice and may close your account at no cost.

4. User account and credentials

To use the core functionality 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 data provided at 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 unauthorised access at legal@wellbeinn.com.

Each user may hold a single personal account. Creating duplicate accounts or using false identities may result in immediate suspension of access.

You may at any time check which version of the legal documents you have accepted and manage your voluntary options under Profile → Legal and privacy.

5. Medical limitations — IMPORTANT

⚠️ Critical medical and sporting notice — please read carefully.

Wellbeinn is not a medical device, neither in its software component (App) nor in 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 of a healthcare professional.
Detect medical emergencies, heart attacks, clinically relevant arrhythmias or acute events. Do not use the App or the devices as a health alarm system.
Be used in clinical, hospital or intensive care settings.

The metrics displayed are estimates for general information and wellbeing purposes. They may contain inaccuracies arising from the sensor, from device positioning, from measurement conditions or from the user's own state.

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

Before taking any decision relating to your health or your sporting practice, 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 Coach AI assistant

Coach AI responses (§3.a) are generated automatically by a language model. Accordingly:

They are indicative and general in nature, and may contain errors, inaccuracies or incorrect statements.
They do not constitute medical advice, diagnosis, prescription or a personalised training programme, and have not been reviewed by a healthcare professional.
They are in no case a substitute for the judgement of a qualified professional, and all the warnings in this section 5 apply to them in full.
You must not use Coach AI for guidance in a medical emergency. For any symptom or emergency, contact the emergency services.

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

6. Acceptable use

In using the App you undertake not to:

Reverse engineer, decompile, disassemble or attempt to access the source code, except where permitted by law.
Use the App for unlawful, fraudulent or harmful purposes.
Impersonate another person or organisation.
Introduce viruses or malicious code, or carry out attacks against the service.
Enter false data in order to alter the indicators or the operation of the Service.
Use the App for commercial purposes without Wellbeinn's prior written authorisation.
Circumvent or attempt to circumvent technical protection measures, usage quotas or the security rules of the infrastructure, the APIs or the storage.

Breach may result in suspension or cancellation of the account under §9.2.

7. Intellectual and industrial property

7.1 Ownership

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

7.2 Licence of use

Wellbeinn grants you a personal, non-transferable, non-exclusive, revocable and limited licence to download, install and use the App on your compatible devices, exclusively for personal use and in accordance with these Terms. This licence grants you no ownership right over the App or its components.

7.3 User-generated data

The physiological, health and activity data associated with your account is yours. Wellbeinn processes it as controller, as described in the Privacy Policy. You retain your rights over that data and may exercise your GDPR rights 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, as to fitness for a particular purpose, accuracy of the metrics, absence of errors or uninterrupted availability.
Wellbeinn will not be liable for indirect damages, loss of profit, loss of data, loss of opportunity or non-pecuniary damage arising from use or inability to use the App.
Wellbeinn is not liable for decisions you take about your health, training, recovery or nutrition on the basis of the indicators displayed or of Coach AI responses, in accordance with the warnings in section 5.
Wellbeinn is not liable for the use made of your data by organisations you have expressly authorised under §3.b, which act as independent controllers.
Wellbeinn's total aggregate liability to the user for any claim relating to the App is 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 wilful misconduct, gross negligence, damage to life or physical integrity, nor to the mandatory rights granted to consumers by TRLGDCU (RDLeg 1/2007), nor to those arising from Regulation (EU) 2019/770 on the supply of digital content and services and from Spanish 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.

Closure will result in the effective deletion (not pseudonymisation) of your personal and health data as described in the Privacy Policy, within a maximum of 30 calendar days, with the following exceptions only:

Those provided for in Art. 17(3) GDPR (legal obligations, defence of claims).
The consent audit record, retained for 4 years from closure under Art. 7(1) GDPR, containing only the trace of the consent given and withdrawn (identifier, date and time, version of the text accepted, language and authorised purposes), never your health data. Without this record Wellbeinn could not demonstrate to you or to the supervisory authority that the processing carried out was lawful.
Data in respect of which you have given additional specific consent to retention for research or statistical purposes (Art. 89 GDPR).

Full 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 notice where possible and without notice in urgent cases (security risk, request from an authority), in the following circumstances:

Serious or repeated breach of these Terms.
Well-founded suspicion of fraudulent, abusive or unlawful use.
Demonstrated risk to the security of the service or of other users.
Legal obligation or request from a competent authority.
Permanent discontinuation of the service.

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

A restricted account cannot be used while the measure lasts; if the cause is resolved, access will be restored. On permanent cancellation, data will be handled 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 must survive (intellectual property, limitation of liability, governing law and jurisdiction) will continue to apply.

Nor will it affect the rights granted to you by data protection law, which you may continue to exercise under section 9 of the Privacy Policy.

10. Changes to these Terms

Wellbeinn may amend these Terms to reflect legal, technical or service changes.

Where the amendment is material, the App will present you with an acceptance screen at your next sign-in and you must accept it expressly in order to continue using the Service. Wellbeinn will retain evidence of the version accepted, the date and time, the language and the authorised purposes.

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

Material amendments include, among others, those affecting the description of the Service, the functionalities included, the pricing model, the limitation of liability or users' rights. Non-material amendments (correction of typographical errors, updating of contact details, drafting improvements without change of scope) will be published with an indication of version and date, without requiring fresh acceptance.

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

11. Governing law and jurisdiction

These Terms are governed by Spanish law.

For disputes with consumers, the Courts of the consumer's domicile will have jurisdiction, in accordance with Art. 90(2) TRLGDCU.
In all other cases, the parties submit to the Courts of Alicante (Spain), expressly waiving any other jurisdiction, unless the law mandatorily provides otherwise.

If you act as a consumer and reside in another EU Member State, the choice of Spanish law does not deprive you of the protection afforded by the mandatory provisions of your country of residence (Art. 6(2) of Regulation (EC) 593/2008, Rome I).

11.1 Alternative dispute resolution

If you are a consumer, you may turn to an alternative dispute resolution body accredited under Spanish Law 7/2017 of 2 November, transposing Directive 2013/11/EU on consumer ADR. The current list of accredited bodies 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 created by Regulation (EU) 524/2013 was repealed by Regulation (EU) 2024/3228, with the platform ceasing operation on 20 July 2025; this version of the Terms therefore does not refer to it as an operative route.)

On data protection matters you may additionally lodge a complaint with the Spanish Data Protection Agency (www.aepd.es) or with the supervisory authority of your country of residence.

12. Communications and contact

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

13. Version and date

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

14. Version history

Version	Date	Material changes
1.0.6	19/08/2026	Coach AI assistant and organisation sharing added to the description of the Service (§3). New specific warning on Coach AI (§5.1). New liability exclusions (§8). Harmonisation of the consent audit record retention period (§9.1). Replacement of tacit acceptance of amendments with express acceptance (§10).
1.0.5	29/04/2026	Previous version