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APP TERMS AND CONDITIONS – EN

APP TERMS AND CONDITIONS


Please read this document carefully before making and using the Psious platform. This document contains the Terms and Conditions of the App developed by Psico Smart Apps, S.L.

PSICO SMART APPS, S.L., a commercial company with the postal address at St. Antoni Maria Claret, 167, (Pavilion St. Manel), 08025, Barcelona (Spain), with CIF number B-66.099.532, registered in the Mercantil Registry of Barcelona, in Volume 43.916, Folio 29, Page B-441.774, Inscription 1a (hereinafter, “PSIOUS” or the “Company“), has developed a mental well-being and psychological therapies application. Therefore, the importance of these terms and conditions as they develop the content of the App.

These Terms and Conditions regulate the use of the Application that Psious has developed (the “APP“), which can be downloaded through the link that the Psious team have shared with you. The App download or use attributes the user condition to whoever does it and implies the acceptance of all the conditions included in this document, in the Privacy Policy and the Legal Notice of Psious.


OBJECT

Psico Smart Apps, S.L., has developed an APP, which has a double purpose; firstly, to carry out by Psious professional clients the remote sessions of psychological therapies with their patience, and secondly, the APP users can carry out meditation and relaxation therapies.

When professionals use the APP they can, through a code, connect to Psious’ own platform which facilitates remote sessions with patients.


USE

The APP use by the user shall be made responsibly and in compliance with the legislation, these Terms and Conditions and respecting the intellectual and industrial property rights owned by Psious.

The APP has complementary purposes to the face-to-face therapy offered by the professionals in the standard performance of their services. The contents introduced in the APP by PSICO SMART APPS do not imply, in any case, therapeutic advice.

The professionals, who provide the information, will advise the user personally on the nature or suitability of the APP use as well as on the therapeutic recommendations in each case.

The use of any of the content of the APP for purposes that are or may be unlawful is strictly prohibited, as well as any action that causes or may cause damage or alterations of any kind not consented to by Psious, to the APP or its content.

Psious will not be responsible, in any case, for any loss or damage that both the patient and the professional may incur as a result of any therapeutic activity based on any type of information or material received through the APP.


ACCESS AND SECURITY

You are responsible for the confidentiality of your use of any username and email address that you register with to access and use the Psious Services. You are also responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. In addition, you agree to: (a) notify Psious immediately of any unauthorized use of your password or account or any other breach of security, and (b) log out after you have finished your session. Psious cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.


COST

The App that Psious has developed and made available to users is completely free of charge, without prejudice to the fact that Psious reserves the right to modify the price of the APP in the future.


INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

Psious has developed and is the full and exclusive owner of all APP Intellectual Property rights, as well as its updates, improvements, revisions, extensions, modifications, adaptations, corrections, translations, or new versions. Psious reserves all other rights not expressly granted to you under this Agreement.

You agree to respect and maintain the Industrial and Intellectual Property rights of the APP, as well as the documentation and information that Psious makes available to you in compliance with these conditions.

You will cooperate with Psious in protecting such intellectual property rights in the APP, or any other intellectual property rights of Psious, and will report to Psious any infringement of such rights of which you become aware, directly or indirectly.

You acknowledge that the reproduction, modification, distribution, commercialization, decompilation, disassembly, reverse engineering or any other means to obtain the source code, transformation or publication of any unauthorized reference test results of any of the elements and utilities integrated within the development constitutes an infringement of Psious’s intellectual property rights and, consequently, you agree not to take any of the aforementioned actions.


DATA PROTECTION CLAUSE

In compliance with the current regulations, we inform you that Psious is responsible for your personal data processing, which are necessary for the use of the APP described in these conditions. The data requested will be the name, surname and e-mail address to send the download link.

The purposes carried out are: managing the app, activating and managing the users’ account when applicable, answering requests, performing maintenance.

The legal basis for the processing of your data is the download of the APP by the user. In general, your data will not be transferred to third parties, unless legally obliged to do so and unless it is necessary to carry out our service.

Your personal data will be kept for as long as the user uses the APP. In all other cases, the personal data provided will be kept for as long as they are not requested to be deleted by the data subject, in which case we will proceed to block them.

In compliance with the current legislation, you have the right to access, rectify the processing of your data, and withdraw your consent, when the legal basis for the processing is based on consent. In compliance with the current legislation, you may exercise your rights to restriction of processing and portability, in which case we will only retain them for the exercise or defence of claims.

You are also informed that Psious has implemented all the necessary technical and organisational measures to carry out the processing of your data.

You can exercise your rights by sending an e-mail to info@psious.com or by writing to the following address: St. Antoni Maria Claret, 167, (Pabellón St. Manel), 08025 Barcelona, Spain, with CIF number B-66.099.532, providing proof of your identity. Finally, in compliance with the applicable legislation, we inform you that you have the right to go to the State Data Protection Agency to file a complaint regarding the processing of your data.


Privacy Policy

We inform you that the personal data provided through the acceptance of these Terms and Conditions, will be part of a Processing Activity Record under the responsibility of Psious and that these will be treated with the purposes described in this document and will be kept for the duration of the use of the App, with the sole purpose of facilitating the improvements in future versions of the APP, the information processing on user accesses, screens and user interaction and blockages and exceptions may also be carried out. Likewise, you are informed that you may withdraw your consent at any time and exercise your rights to access, rectification, erasure, portability, restriction and opposition by sending an e-mail to the following address: info@psious.com

The data is stored within the European Union, thus complying with the guarantees provided by the European Regulation on the Protection of Personal Data.


Responsibilities and guarantees

Psious declares that it has adopted the necessary measures that, within its possibilities and the state of technology, allow the correct functioning of the APP, as well as the absence of harmful components. However, Psious cannot be held responsible for the following situations, which are listed by as examples, but not limitation:

  • The continuity and availability of the contents.
  • The absence of errors in such content and the correction of any defects that may occur.
  • The absence of viruses and/or other harmful components.
  • The damages caused by any person who violates Psious’ security systems.
  • The use that users may make of the content included in the APP. Accordingly, Psious does not warrant that your use of any Content included in the APP will be in compliance with this legal notice or that your use of the Website will be diligent.
  • The use by minors of the website or the sending of their personal data without the permission of their guardians, being the guardians responsible for the use they make of the Internet.
  • The contents to which the user can access through unauthorized links or introduced by users through comments or similar tools.
  • The introduction of incorrect data by the user or a third party.
  • Content and use Intellectual and industrial property.

Psious may suspend the access to the Application temporarily and without notice for maintenance, repair, update or improvement. Accordingly, Psious will not be liable in any way for any damages that may result from the unavailability or inaccessibility of the APP or for any interruption in the operation of the platform. However, whenever circumstances permit, Psious will notify you the date on which the content will be suspended.

Except as provided in these terms and conditions, Psious is not responsible for any loss or damage that occurs in connection with the downloading or use of the APP, such as loss or damage resulting from failure, malfunction or blockage of the APP. In addition, Psious will not be liable for any damages arising from your misuse or improper use of the APP.


Reservation of the right to modify these terms and conditions

Psious reserves the right to modify these terms and conditions to adapt them to any change or new regulation, for technical reasons, for changes in the services offered by Psious or for strategic decisions of the company. In such cases, Psious will notify you by e-mail any changes in the data protection policy and when they will take full effect.

If you are not satisfied with the changes, you should stop using the APP. The use of the platform after the changes have been made will imply the acceptance of the changes by the Users.


Contact us

You can contact us at the above address. Also by e-mail to patient@psious.com provided that the computer from which you connect has a properly configured and operational mail program.