Conditions of Contract

LULLAAI NETWORKS, SL offers the functionalities of an online platform (hereinafter, the “Platform”) through which it makes available to its users (hereinafter “User” or “Users”) contents and consultations of Sleep Coaching by experts (hereinafter, “Professional” or “Professionals”), allowing Users a daily and continuous interaction. These services may be contracted online under these General Contract Conditions.

I.Identification

  • Owner: LULLAAI NETWORKS SL (hereinafter, “LN”)
  • NIF: B-87593851
  • Registered office: C / Bahia de Almeria 34 1C 28042 Madrid
  • Public Registry: Registered in the Mercantile Registry of Madrid; in volume 38632, folio 60, General section, sheet number M-687018.
  • Telephone: +34 91 123 88 85
  • Email: [email protected]

II. General contracting conditions

Please read this document carefully. It constitutes the terms and conditions of use (hereinafter, the “General Contracting Conditions”) that regulate the access and use of the Platform available on the website located at the following URL “lullaai.com” (hereinafter, the “Website”) or by downloading its application for mobile devices available under iOS and / or Android systems (hereinafter, the “Application”).

The access and use of the Platform implies the express and unreserved acceptance of the terms of these General Contracting Conditions, having the same validity and effectiveness as any contract concluded in writing and signed.

Compliance and compliance will be required of any person who accesses or uses the Platform. If you do not agree with these General Contract Conditions, it will be advisable not to use it.

1. Purpose and scope of the platform

These General Contract Conditions are intended to regulate the access and use of the Platform. However, LN reserves the right to modify its presentation, configuration and content, as well as the necessary conditions for its access and / or use when necessary.

The modifications made in these General Contract Conditions will be published in the same way that they appear through a statement addressed to the Users indicating the date of their effective delivery. The access and use of the Platform after the entry into force of the modifications or changes to these General Contract Conditions implies full and unreserved acceptance.

However, access to certain content and the use of specific services may be subject to particular conditions, which will in any case be duly displayed on the Platform. These particular conditions may substitute, complete or, where appropriate, modify the terms of the General Contracting Conditions. In case of contradiction, particular conditions will prevail.

For the purposes of the interpretation of these General Contract Conditions, we inform you that a person becomes considered a User of the Platform at the time he accepts these General Contract Conditions, it is sufficient for you to use it.

2. Access, registration and cancellation on platform

2.1. Access

Access to the Platform will be through the Website or by downloading and installing the Application for electronic devices, which can be downloaded from our Website or in the online stores of App Store or Google Play applications.

In order to use the Platform it will be necessary to register and initiate the corresponding session in it, for which you must accept these General Conditions of Contract and the Privacy Policy. Otherwise, you can only navigate the Platform without being able to use most of the features offered by it.

The access and use of the Platform implies acceptance and compliance by the User of the complete content of these General Contract Conditions, as well as the instructions or recommendations that are indicated in each specific case through the Platform.

The User must be over eighteen (18) years old and have sufficient capacity to acquire the obligations derived from their actions through the Platform, as well as having previously read and understood these General Conditions of Contract. Thus, access to the Platform for minors is strictly prohibited. However, in case of access to the Platform and registration by a minor, it will be presumed that the access has been made with prior and express authorization of their parents, guardians or legal representatives, notwithstanding that LN reserves the right to perform as many checks as it deems appropriate.

2.2. Registration

In the event that a User account (hereinafter, the “Account”) is not yet available, in order to access and use the different functionalities of the Platform, it will be necessary to register and create an Account on it following the procedure established for this purpose. For the creation of the Account, the User may choose one of the methods established below:

i. Complete the registration form made available on the Platform, where you must fill in the mandatory fields: a) an alias, b) a contact telephone number, c) an email and d) a password according to the robustness rules and complexity required by LN at all times.

The password must be personal and non-transferable, and cannot be communicated to third parties, even temporarily. In any case, it will be the User’s responsibility for the unlawful use of the Platform by any illegitimate third party who uses, for this purpose, his password due to non-diligent use or loss of it.

In the event that it is known or suspected that the password is being used by third parties, the User must modify it immediately and communicate this circumstance to LN through the customer service. Until such events are communicated, LN will be exempted from any liability arising from the improper use of identifiers or passwords by third parties.

Notwithstanding the foregoing, the User may modify his password at any time, by means of the option enabled for this purpose in the “Lost password?” Section of the Platform.

ii. Log in to your Facebook account through our Platform (hereinafter, the “Facebook Account”).

The User acknowledges and agrees that, through the use of this registration method, LN will have access to certain information on his Facebook Account. However, the User may remove the link between his Account and the Facebook Account at any time. If you wish to obtain more information about the use of the data obtained from your Facebook Account, the User can read our Privacy Policy and the Facebook Privacy Policy.

iii. Log in to your Google account through our Platform (hereinafter, the “Google Account”).

In the event that Users have an access code, you must enter it in the section enabled for this purpose during the registration process.

Registration to the Platform is, unless otherwise indicated, a completely free procedure; notwithstanding that for the hiring of professional services through it the payment of an economic amount is required, as well as the possible maintenance costs of the Platform, of which, in any case, the User will be duly informed, who You must expressly accept them to enjoy these services.

Regardless of the method used to register on the Platform, the data provided must be correct, as it will be the only way that LN will have to be able to interact and correctly manage the relationship with the Users. In no case will LN be responsible for correct registration data, so the User will be responsible for the possible consequences, errors and failures that arise due to the lack of quality of this data.

When personal data is provided through the forms of the Platform, it will be necessary for the User to previously accept the Privacy Policy. From LN we are committed to the privacy of our Users, therefore, we offer you different communication channels through which you can consult any question about the processing of your data.

LN will be empowered to supervise all the registration requests and, by virtue of said right, may deny the registration and / or access to the Platform, as well as to the services and functionalities offered through it, for the purposes of guarantee that the User meets the necessary requirements for the use of the services provided through the Platform, or if the General Contract Conditions and the applicable regulations are breached, and / or improper use is made of them.

The acceptance of LN of the registration will result in the creation of a User account, which will be, in any case, personal and non-transferable, thus ending the registration process. In this case, the User may receive a confirmation email from the email address provided.

2.3. Low

User may unsubscribe from the Platform at any, by written notice to LN via the following address: [email protected] or through the communication channel to enable the effect, indicating your email and proving their identity.

In any case, the User may request a new registration, and LN may not admit said registration when the provisions of the General Contracting Conditions and / or applicable regulations are breached.

Likewise, LN may not admit said registration when there is a conflict or controversy pending to be resolved between the parties or when said conflict has been resolved with acknowledgment of fault or negligence of the User and / or causing damage to LN, its collaborators and associates , or its Users, customers or potential customers.

On the other hand, in the event that a User breaches any of the stipulations contained in the General Contract Conditions and / or in the applicable regulations, LN will be entitled to suspend or cancel the profile of said User automatically and without prior notice, and Under no circumstances will such suspension or cancellation entitle you to any compensation. For these purposes, LN may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any violation of current legislation or if it suspects the commission of any crime.

3. Platform operation

3.1. Process of contracting the services

A) Services

Once the registration has been completed and the Platform is accessed, the User has the option to enter and confirm the contracted subscription and select one of the payment methods admitted by the Platform or, where appropriate, designate one of the previously added payment methods. The User may, at any time, add or delete their payment methods by accessing the “My Account” section.

The payment methods enabled on the Platform are (i) bank card (ii) Apple Pay (iii) bank transfer.

We inform you that the payment of the amounts will be made through the payment gateway Stripe Payments Europe, Ltd, whose conditions can be consulted on the following website https://stripe.com/es/ssa, so LN does not You will have, in no case, access to the bank details provided, which, in any case, will be directly managed by the financial entities through the aforementioned payment gateway.

LN offers the User a content service and an online therapy service around the problems of baby sleep and behavioral therapy.

At the time of registration of the User, LN will make available a chat with a guide to explain in detail how the service works. The User, once hired one of the subscriptions available on the Platform and accepted the service, must fill out a therapy start questionnaire where he must answer a series of questions to obtain more information about the baby’s sleeping conditions.

The user has the option of hiring a consultation with a Professional. In the case of a conversation via video call, the Professional and the User will agree on the day and time. In the event that the User does not appear at that time for his conversation through video call, he may re-establish a new schedule only for one more time. When the User has to re-establish a new schedule for reasons attributable to him, he will lose appointments with the Professional.

The characteristics of the available subscriptions are attached to these General Contracting Conditions.

B) Invoices

An email will be sent to the User through the payment gateway with the invoice issued by the different professional services provided. The Platform will not be responsible if the User has provided an incorrect account.

In accordance with the provisions of Royal Decree 1619/2012, of November 30, which approves the Regulation regulating billing obligations, by issuing said invoice, all obligations and requirements of issuance and provision of the invoice.

With the acceptance of these General Contract Conditions, the User expresses his express consent to receive the Invoices electronically through the payment gateway.

D) Right of withdrawal of the user

The User will lose the right of withdrawal once he has started using the LN service in accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the text recast of the General Law for the Defense of Consumers and Users and other complementary laws (“TRLGDCU”).

Notwithstanding the foregoing, it will be understood that there may be a partial refund of 25% on the amount paid in the event that the User, once contracted the services, had not yet had contact for the first time with the Professionals.

E) Renewal and reimbursement

The Subscription contracted will be renewed automatically at the end of the corresponding subscription period, unless you deactivate the automatic renewal before the end of the subscription period. The cancellation will take effect on the last day of the current subscription period. Likewise, a questionnaire will be issued to the User where the experience of the service received can be assessed and commented.

If the User cancels their payment and / or terminates any of the contracts (1) after the partial withdrawal period (as appropriate) or (2) before the end of the current subscription period ends, we will not refund the subscription amounts already paid

LN will only carry out the reimbursement of the last amount paid by the User when the services had not been provided by the Professional in the times established in these General Conditions or when there was any technical failure in the Platform that precludes the correct provision of the service. For this, the User must contact Customer Service. When LN proceeds to the refund, it will use the same means that the User would have used for the payment. Said reimbursement will be 50% of the amount paid. In the case of an access code, the User will not be entitled to reimbursement of the amounts.

Likewise, in those cases in which the User accesses the Platform through a promotional code or discount, the refund will be proportional to the amount paid.

4. Rules of use of the platform

Access to or use of the Platform is not allowed for illegal or unauthorized purposes, for or without economic purpose, so the User will be solely responsible for said illegitimate activity. In particular, and without the following list it has absolute, not limiting character, is prohibited:

  1. Use the platform so that it can cause damage, interruptions, defects or inefficiencies in performance or a third party device;
  2. Use the Platform for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
  3. Use the Platform in a manner that constitutes a violation of the rights of LN or any third party;
  4. Use the Platform to transmit or publish any material of a defamatory, offensive, racist, vulgar, degrading, pornographic, or obscene or threatening nature or that may cause discomfort to any person;
  5. Use the Platform to offer professional services of an illegal, vexatious nature or that involve activities contrary to law (such as prostitution, extortion services, theft, threats or aggressions); or for those who do not have the corresponding licenses, certificates and / or qualifications to perform said professional services.
  6. Use the Platform illegally, against good faith, morals and public order;
  7. Access or interact with the Platform with a false identity, supplanting third parties or performing any other action that may lead to confusion about the identity of the origin of a message;
  8. Access without authorization to any section of the Platform, to other systems or networks connected to it, to any LN server, through hacking or forgery, password extraction or any other illegitimate means;
  9. Use the Platform to collect personal data from other Users.
  10. Breaking, or attempting to break, the security or authentication measures of the Platform, of any network connected to it, or the security or protection measures inherent in the contents hosted on the Platform;
  11. Carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of the Platform or in LN systems or networks, as well as in the systems and networks connected to the Platform; o
  12. Enter false information, whether or not the User is aware of this circumstance.

If any of the aforementioned obligations are breached, LN may take the appropriate measures, and may even eliminate or block the User’s Account, without the possibility of any compensation for the damages caused.

Likewise, in order to make the Platform a safe environment, and to protect our Users, it is strictly forbidden to publish information or content through the Platform that:

  1. Can be considered as a violation in any form of the fundamental rights to honor , to personal and family privacy or to the image of third parties and, especially, of minors;
  2. Include photographs or that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
  3. Violate the secrecy of communications or involve an infringement of intellectual and industrial property rights or of the regulations governing the protection of personal data;
  4. Contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;
  5. Contain “spam” and / or links to sites unrelated to the corresponding space; o
  6. Include advertising or commercial communications, for the issuance of messages for advertising purposes or for the collection of data for the same purpose.

Failure to comply with any of the previous prohibitions by the User, will result in the latter being solely responsible for any claim that occurs as a result thereof. Even if there is no claim from a third party, LN reserves the possibility of preventing said User from accessing the Platform.

LN does not control the content published by the Users of the Platform and assumes no responsibility for said content. However, LN reserves the possibility of monitoring and / or moderating any content published on the Platform that violates these General Contract Conditions or the Privacy Policy, as well as editing or deleting it.

Likewise, we ask the Users that, in the event that any information or content on the Platform is observed or found that may not be adequate or contrary to the current regulations and / or the Platform’s own conditions, put this circumstance in knowledge. immediately of LN through the different means arranged for it.

5. Intellectual and industrial property rights

LN owns or, where appropriate, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Platform, as well as all the contents offered on it, including, among others, the Platform itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content available through it.

The access and use of the Platform, as well as the use or contracting of the services offered through it, does not imply a waiver, transmission, license or total or partial transfer of these rights by LN. When accessing the Platform, the User acquires a right of use on the contents, services and / or functionalities of the Platform, during the use of the Platform, and only for the purpose of enjoying the services provided in accordance with these Conditions General Hiring.

The User may not use registered trademarks or trade names, or other distinctive signs, such as the LN ® trademark, whether owned by LN or third-party companies, without the consent of LN or its legitimate owners. At no time, unless expressly stated otherwise, the access or use of the Platform or its contents grants some right over the distinctive signs included therein.

LN reserves all intellectual and industrial property rights over the contents of the Platform. In addition, it is prohibited to modify, copy, reproduce, communicate publicly, transform or distribute, by any means and in any form, all or part of the contents included in the Platform for public or commercial purposes if there is no prior, express authorization and in writing from LN or, where appropriate, the holder of the corresponding rights.

Likewise, it is prohibited to suppress or manipulate the copyright or other credits that identify the right holders of the contents of the Platform, as well as the technical protection devices, the fingerprints, or any protection mechanism or information incorporated into the same. In the same way, it is not allowed to extract any type of information from the Platform through some programming technique.

Any content that is published on the Platform must respect the rights of image, intellectual and industrial property that may exist on them, so the User will be solely responsible for any damage and / or liability that could result from an infringement of said rights. Likewise, by publishing content on the Platform you authorize us to reproduce, distribute, transform and public communication, worldwide and with the power to transfer to third parties.

The User must immediately inform and inform LN of the existence of any illegal, illegal, contrary to the laws or that could be an infringement of intellectual and / or industrial property rights of which he was aware, so that LN can take the measures timely.

Likewise, in the event that any User or a third party considers that any of the contents of the Platform violates their intellectual and / or industrial property rights, as well as any other rights, they must send a communication to Lullaai Networks

  • Identifying data and contact means of the claimant or their legal representative.
  • Documentation proving your status as holder of the rights allegedly infringed.
  • Detailed account of the rights allegedly infringed by LN, as well as its exact location within the Platform.
  • Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.

6. Links

6.1. Links to other web pages

In the event that links to web pages are shown through different buttons, links, banners, etc., LN informs you that they are directly managed by third parties, not being able to control or approve all the information , contents, products or services provided on other platforms to which links can be established from the Platform. Consequently, LN will not assume any responsibility for any aspect related to any of these platforms or web pages, such as its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

In this sense, if you were aware that the activities carried out through these third-party websites are illegal or contravene morality and / or public order, you must immediately notify LN so that you can proceed to disable the link to them.

In any case, these links will not imply that there is any kind of relationship, collaboration or dependence between LN and the person responsible for the application or external website.

6.2. Links on other web pages destined for theplatform

LNdoes not authorize the establishment of a link to the Platform from those web pages that contain illicit, illegal, degrading, obscene materials, information or content and, in general, that contravene the laws, the moral or public order, or generally accepted social norms.

In any case, links to the Platform may be established on other web pages, provided they meet the following conditions:

  1. the link may not reproduce the content of the Platform or parts thereof in any way;
  2. It is not allowed to create a browser or a border environment on the sections of the Platform, nor can the Platform be modified in any other way;
  3. it is not allowed to make false, inaccurate or incorrect statements or indications about the Platform and / or, in particular, to declare or imply that LN has authorized the link or that it has supervised or assumed in any way the contents or services offered or put to provision on the website where said link is established;
  4. The web page on which the link to the Platform is established will not contain information or illegal content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any third party rights, including the rights of intellectual and industrial property and / or the right to honor, personal or family privacy or to the image itself or any other right, or content contrary to the regulations governing the protection of personal data.

LN has no power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Platform. LN does not assume any responsibility for any aspect related to the web page that establishes that link to the Platform, specifically, by way of example and non-taxation, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

7. Responsibilities and guarantees

LullaAI is not a medical information processing or acquisition application. It neither generates information nor takes direct measures on the prevention, diagnosis or treatment of diseases or disorders. LullaAI is not a substitute for the clinical judgment of a health professional to make a clinical diagnosis or make preventive, predictive or therapeutic decisions regarding diseases or disorders with sleep symptoms.

This Platform is only supportive, so those Users who require medical services should refrain from using it and contact a medical professional.

Communications maintained between the User and the Professional must be confidential. Likewise, when the Platform becomes aware of any irregularities carried out by the User or Professional, it may at any time cancel the account and take whatever legal actions it considers.

LN cannot guarantee the reliability, usefulness or veracity of absolutely all the information and documentation made available through the Platform. Consequently, LN does not guarantee nor is responsible for: (i) the continuity of the contents, services and / or the functionalities of the Platform; (ii) the absence of errors in said contents; (iii) the absence of viruses or other harmful components on the Platform or on the server that supplies it; (iv) the invulnerability of the Platform or the impossibility of violating the security measures adopted for it; (v) the lack of utility or performance of the contents of the Platform; y (vi) los daños o perjuicios que cause, a sí mismo oa un tercero, cualquier persona que infringiera las condiciones, normas e instrucciones que LN establece en la Plataforma oa través de la vulneración de sistemas de seguridad de la Plataforma.

Notwithstanding the foregoing, LN declares that it has taken all necessary measures, within its possibilities and state of the art, to guarantee the proper functioning of the Platform and minimize system errors, both from the point of view technical as of the contents published in the Platform, as well as to avoid the existence and transmission of viruses and other harmful components to the Users’ computer systems.

LN does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Platform. If there is knowledge of the existence of any illegal, illegal, contrary to the laws or that could be a violation of third party rights, LN must be notified immediately to take appropriate measures.

Likewise, LN has no obligation to control the contents transmitted or supplied by third parties, except when required by current legislation or when required by a competent judicial or administrative authority.

In this sense, LN will not be responsible for the veracity, integrity or updating of the information published on the Platform from sources outside it, nor for those contained in other platforms or web pages to which it is linked from the Platform. LN will not assume any responsibility for hypothetical damages that could be caused by the use of the aforementioned information.

8. Customer service

LN, as responsible for the Platform, makes available to Users a customer service in which due attention will be offered to all their queries, complaints and suggestions in relation to the service offered through the platform.

Customer service can be accessed through the following contract channels:

  • Telephone: +34 91 123 88 85
  • Email: [email protected]
  • Address: Avda Manoteras 24, 2nd Floor – Cink 28050 Madrid

The customer service The customer will be available from Monday to Friday, from 10 am to 5 pm.

Our customer service will respond to claims or inquiries received in the shortest possible time that, in any case, will exceed the term of one (1) month from the date on which the claim or query was filed.

Likewise, LN makes available to the Users different communication channels through which they can contact us in order to inform us of the existence of those contents that are deemed contrary to the law, to these General Conditions of Hiring and / or violate the legitimate rights of third parties.

Likewise, the User may use the communication channels described above in the event that he wishes to ask any other questions related to the Platform, its General Contract Conditions and / or our Privacy Policy.

9. Requirements to provide information through our communication channels

When using any of our communication channels, the User must provide all their correct data, as it will be the only way that LN will have in order to correctly manage the services, as well as the relationship with the Users.

In the event that some type of information is sent to LN through the channels enabled for this purpose, the User declares, guarantees and accepts that he has the right to do so freely, that said information does not infringe any intellectual, industrial, secret property rights commercial or third party rights, and that the aforementioned information is neither confidential nor harmful to third parties. Otherwise, the User will be responsible for any damages that may arise from said breach.

Likewise, the User will be solely responsible for any communication that he provides personally or on his behalf to LN. This responsibility will cover, without any restriction, the accuracy, legality, originality and ownership of such communication, and must keep LN harmless.

Under no circumstances will LN be responsible for the veracity of the data provided by the Users, so that each of them will be solely responsible for the possible consequences, errors and failures that may arise from the lack of data quality.

It is an essential requirement to send us information to be over eighteen (18) years old.

10. Suspension of theplatform

LNmay at any time suspend, modify, restrict or interrupt, either temporarily or permanently, the access, use and / or download of the content and / or use of the services of the Platform, with or without prior notification, to those who contravene the General Contract Conditions, without the possibility of demanding compensation for this cause.

11. Data protection

In accordance with the provisions of the data protection regulations, all personal data provided during the use of the Platform will be treated in accordance with the provisions of the Platform’s Privacy Policy, which must be expressly accepted in order to use and register on the Platform. To this end, we recommend our Users to review said Policy and transfer us any questions or concerns regarding its application.

12. General

The headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of these General Contract Conditions. Likewise, LN may modify the terms and conditions stipulated herein, in whole or in part, by publishing any change in the same way in which these General Contract Conditions appear or through any type of communication addressed to Users.

The temporary validity of these General Conditions of Contract coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified General Conditions of Contract will become effective.

LN may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Platform, without the possibility for Users to demand compensation. After said termination, the prohibitions on the use of the contents previously stated in these General Contract Conditions will remain in force.

Also, if you breach these General Contract Conditions, LN may suspend or cancel your Account automatically and without prior notice, and in no case such suspension or cancellation will grant you the right to any compensation. For these purposes, LN informs you that it will be able to inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any violation of current legislation or if it suspects the commission of any crime.

In the event that any provision of these General Contracting Conditions were declared void or unenforceable, in whole or in part, by any Court, Court or competent administrative body, said nullity or non-application shall not affect the remaining provisions thereof. .

The non-exercise or execution by LN of any right or provision contained in these General Contracting Conditions will not constitute a waiver thereof, unless acknowledgment and written agreement by you.

13. Applicable legislation and competent jurisdiction

The regulations in force will determine the laws that must govern and the jurisdiction that should know about the relations between LN and the Users. However, provided that said regulations provide for the possibility for the parties to submit to a specific jurisdiction, for any litigation arising from or related to the Platform, the Spanish legislation in force at the time of the dispute shall apply. Likewise, LN and the Users, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of Madrid.

To submit claims in the use of our services, you can go by mail to the electronic or physical address indicated in the “Identification” section, committing us to seek at all times a friendly settlement of the conflict.

Last update: December 2019

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