Mobile App - Terms and Conditions
HEALTHY VIRTUOSO S.r.l.
Healthy Virtuoso is a free mobile app that encourages and rewards people who are committed to adopting a healthy lifestyle. Healthy Virtuoso’s goal is to encourage users to have a healthier lifestyle, by following a progressive, motivational course that rewards the results they achieve.
GENERAL TERMS AND CONDITIONS OF USE
This mobile app (hereinafter “App”) is owned by Healthy Virtuoso S.r.l., with registered office in Piazza Attilio Deffenu n. 9, 09125 Cagliari (Italy), Tax Code and VAT number: 03737900922 (hereinafter also referred to as “HV”, “Owner”).
1.1 This document (hereinafter “General Conditions”) governs the terms and conditions of use for the App by all users (hereinafter “User(s)”) who intend to make use of the service (hereinafter “Service”) offered by HV through the use of the App. The use of the App automatically implies that the User unconditionally accepts these General Conditions. HV reserves the right, at any time, to make changes to these General Conditions without any obligation of communicating this to the User, who must periodically check these General Conditions. Therefore, the use of the App, after HV has made changes to the General Conditions, means that the User automatically accepts these changes.
2. App Registration
2.1 Once the App has been downloaded onto an electronic device and is connected to the Health app and/or to Google Fit through the portals made available by their relevant providers, the User is required to register with the App by entering (i) an e-mail address and (ii) a password, therefore creating a personal profile (hereinafter “Profile(s)”). In order to obtain prizes, as well as be able to access levels higher than the fourth, the User is required to complete the personal profile by entering additional data that will be requested as and when required by the App.
2.2 The User is responsible for the safety and appropriate use of all the data referred to in paragraph 2.1, which is utilised to connect to the Service (also with regard to any change in username, nickname, and password that HV suggests should be updated periodically by the User, in order to guarantee for an adequate level of confidentiality with reference to the data), and the User must take all necessary measures to ensure that the data are properly used and that the username and password are maintained secret and not disclosed to any unauthorised person. HV will, in no way, be liable for any damage or other adverse consequences that the User may suffer as a result of unauthorised persons using the App, unless the circumstance is caused by HV through intent or gross negligence.
2.3 The User is also responsible for the truthfulness of the information and personal data provided at the time of registration and must immediately inform HV of any change in this information and personal data. In the event that the information or personal data provided are false or inaccurate or incomplete, or if HV has the well-founded suspicion of the same, HV will have the right to immediately suspend the use of the Service by the User, until required verifications are completed.
2.4 The User has the right to inform HV at: firstname.lastname@example.org if reasonable doubt arises to believe that someone who is not authorised to use the username or password created by the User has, instead, come into possession of both or might have used them without authorisation.
2.5 If the circumstance referred to in paragraph 2.4 occurs, HV reserves the right, subject to specific verifications, to suspend the username, nickname, and password used for accessing the Service, if it believes that a violation has occurred, or is likely to occur, with respect to security or with regard to the unauthorised use of the relevant Profile.
2.6 A registered User can interrupt the use of the Service at any time, deactivate the Profile and/or request to be definitively cancelled by directly contacting HV at the following e-mail: email@example.com
3. Service Description
3.1. Once registration is completed, as referred to in art. 2 above, the User will be able to access a platform in the Virtuoso] software, owned by Healthy Virtuoso S.r.l. and use the Services managed by HV through the use of the App. The App works mainly in background, recovering useful information from other apps that are already integrated with the Health app and Google Fit. Through the connected applications (that already exist on the User’s device), the App then synchronises data from the last 30 days, automatically calculating the credits that will be assigned to the Use based on the activities available on their smartphones
3.2. HV’s Services can only and exclusively be used after having authorised that the data from and to Apple’s Health app for iOS and Google Fit for Android can be shared, as is requested when the Service is activated or by providing authorisation through the User’s device settings. Only this will allow HV to be able to use the information on the device and assign credits to the User on a daily basis. In the event that the User has never before enabled the Health app and/or Google Fit, the starting credits will be zero.
3.3 HV’s goal is to encourage people to adopt and maintain a healthy lifestyle through the daily performance of “virtuous” activities for their health, using an innovative gamification tool based on prizes and on the activities the User perform on a daily basis. Therefore, the User will be assigned free credits based on the following daily parameters: (i) number of steps; (ii) sports activities (for example, running, cycling, etc.) (iv) hours of sleep; (v) completing the profile, and (vi) weight measurement and measurement of main vital parameters (blood glucose/blood pressure). Based on the score obtained, the User will be continuously classified in clusters that represent the level of progress achieved (hereinafter “Level(s)”). As the parameters listed above improve, and based on the continuity of the performance, the User will be given the opportunity to reach higher levels, or will return to lower levels, in the event that these parameters worsen.
3.4 In relation to the Level reached, the User will receive certain rewards (hereinafter “Rewards”), listed on the App’s dashboard, within the limits of the stock that is made available by the various partners involved in the initiative, at their sole discretion. Therefore, HV will not, in any way, be held responsible in the event that the User cannot collect the Rewards, due to items no longer being in stock, as is better specified in art. 6 that follows. At any time, and at its discretion, HV reserves the right to modify the thresholds (both for the credits and for the Levels) to reach for each specific prize.
4. Use of the Service and User Obligations
4.1 The Service is provided exclusively for the personal use of the User, who may not resell or attempt to resell the Service in whole or in part, including the Profile, to any third party, or use the Service for the purpose of conducting business activities or for professional or commercial purposes, including the advertising, promotion, placement or any other form of marketing of goods or services.
4.2 The Service and its contents are protected by copyright and other applicable industrial property rights, of which HV is the sole and exclusive owner. The User undertake not to copy, modify, transmit or distribute externally, show in public, download, print, publish, or disclose the App or the Service, in any way, for commercial or any other type of purpose. The Service may only be used for the personal purposes of the User and in accordance with these General Conditions.
4.3 The User must not exploit or use the App in such a way as to cause detriment to HV or to any person who also provides editorial content to HV or to the detriment of the Service itself. In particular, the User has the obligation to refrain from using the App or the Service to carry out activities that compete with HV or, however, in such a way as to cause damage or prejudice to its direct or indirect interests, even economic, as well as to HV’s image, or of other Users, or of third parties.
4.4 The User will be responsible for creating, maintaining, designing, and publishing the Profile information, as well as any third party information that may be published in the App by the User or, however, through the Profile.
4.5 The User acknowledges and agrees that all content publicly accessible or privately transmitted through the Service fall under the sole and exclusive responsibility of the persons from whom such content is received. Therefore, the User undertakes to evaluate and bear all the risks associated with the use of this content.
4.7 If the User provides links to other sites, web resources or any vulgar, offensive, or defamatory content, the User acknowledges and agrees that HV cannot in any way, be held directly or indirectly responsible for the content of these sites, resources, or other content and, therefore, of any damage suffered by the User or by third parties as a result of the foregoing.
4.8 The User must not use the Service:
● to violate any legislation, proceedings, directives, provisions of law, or regulations issued by any competent authority and applicable to the User, also expressly meaning any discipline applicable to consumers;
● to violate any instructions given by HV to the User;
● to send, receive, upload, download, use or re-use any information, including any third-party information, or material that is offensive, abusive, indecent, obscene, contrary to the rules of public law, or that constitutes a threat or violates the privacy, copyright, or other rights of third parties;
● to cause disturbance, inconvenience, harass, or persecute other Users, third parties, or the public;
● to send or offer unsolicited advertising or promotional material, or to receive replies to any unsolicited advertising or
advertising material sent using the Service, including, but not limited to, advertising, promotional material, junk mail, spam, chain letters and pyramid scheme letters;
● to maliciously or negligently send, disclose, upload, download, or otherwise distribute or exchange any material that contains viruses, or other codes, files or programs that may destroy, interrupt or limit the Service, the App or any of HV’s other software, hardware or telecommunications systems from operating, or those of other Users or third parties;
● to falsify their identity or, however, to present facts to third parties that are not true, for example, if the the User presents him/herself to a third party as a HV representative or a community leader, moderator, guide or guest, or otherwise lies about his/her relationship with third parties;
● to create headings or otherwise manipulate distinctive signs, industrial property rights or other indications, also for the purpose of counterfeiting the origin of a Service;
● to collect or store or otherwise process the personal data of other Users or third parties in violation of the law.
4.9 Without prejudice to all the foregoing, HV will not, in any way, be held liable if the information and data provided by the User are unlawful or violate mandatory regulations or third party rights, except in the case where HV has become aware of the aforementioned information and does not promptly remove or block access to it.
4.10 The User must hold HV harmless from any claim or legal action initiated or threatened against HV by third parties as a result of the Service being used by the User in violation of art. 4 in its entirety, as well as in violation of any other provision of these General Conditions. To this end, HV will, therefore, inform the User of any similar claim or action and will keep the User informed on the progress of such claims or actions.
4.11 In the event of incorrect or fraudulent use or, however, non-compliance with these General Terms and Conditions of Use, HV reserves the right to (i) block, (ii) suspend, or (iii) permanently delete the Profile of the User who is guilty of such conduct.
4.12 Each user shall not own more than one account; if a user violates this principle, Healthy Virtuoso reserves the right at any time, without liability of any kind, on its absolute discretion (i) to suspend, restrict or disable user’s access to the App with or without notice.
4.13 Healthy Virtuoso reserves the right at any time, without liability of any kind, and on its absolute discretion (i) to suspend, restrict or disable the access to those whose behaviors and/or actions are considered fake, unverifiable or potentially damaging for the HV Community, including, but not limited to those who:
● Will challenge other users that will not reach at least 15% of challenger activities within the same Challenge;
● Upload previous activities within a challenge "eg. user who after 1hr from the start of the challenge registers 1hr and 10mins of activity ";
● Record Simultaneous the same activity (eg. Run) through multiple devices / software (eg. Activity recorded simultaneously by Runtastic + Strava + Apple Watch);
● Register several activities in the same period of time (eg. Registration between 10.00am and 11.00 am of Steps + Sleep or Run + Bike etc);
● Create and challenge multiple or fictitious accounts;
● Challenge the same accounts for more than 2 consecutive times in the same month.
4.14 In order to verify the correct conduct of the challenge and to protect the effort given from the entire community, HV may request the user at any time to provide information, screenshots, and evidence related to the correct conduction of its activities such as the GPS track record, the screenshot of the applications used for tracking the activities and any other information that could be found useful for validating the activity itself. If the user refuses or is unable to provide sufficient information to assess the objective validity of its activities, HV reserves the right (i) to block, (ii) to suspend, or (iii) to permanently delete his profile.
5. HV’s Obligations and Guarantees
5.1 The App is provided by HV, “as is” and “as is available”, and HV provides no explicit or implicit guarantee in relation to the App or the Service, nor does it provide any guarantee as to whether the App or the Service will satisfy the needs or expectations of the User or that it will never undergo interruptions or that it will be free of errors or bugs.
5.2 HV will ensure that the App is available on a continuous basis, 24 hours a day, but cannot, in any way, be held responsible if, for any reason, the App is not accessible and/or operational at any time or for any period of time. Access to the App may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons that are entirely unrelated to HV’s will, or due to force majeure. HV also reserves the right to suspend access to the App to all Users who are suspected of using the Service incorrectly or fraudulently.
5.3 In view of the fact that the Service is free, HV does not guarantee the accuracy or completeness of any part of the Service or additional information or results that may derive from it, or that are supplied to, or accessible by the User. Furthermore, HV offers no guarantee that the Service or the App will meet the quality requirements, expectations or results expected by the User, or that they will be uninterrupted, convenient, or error-free.
6. Third Party Content and Rewards
6.1 The App contains links to third-party partner sites. HV has no control over these and is, therefore, in no way responsible for the contents of these sites.
6.2 In the event that the User meets the requirements for receiving a specific Reward, the User may proceed in redeeming this Reward through a redirecting hyperlink on the site of the third-party that supplies the good or service which is the object of the Reward.
6.3 The Rewards are the exclusive property of the third-party partners who make them available for the aforementioned purposes, and HV does not provide any guarantee in relation to the ownership, quality, and technical characteristics of the goods or services available on the App’s dashboard, nor with reference to their compliance with applicable legal provisions. HV undertakes only to guarantee that the User is able to access the Rewards if the requirements established by HV for the assignment of each single Reward are met.
6.4 The use of the Rewards may be subject to terms and conditions established by the partner who is the owner of the good or service that is the object of the Reward (for example, use of a voucher contingent to a minimum amount spent). HV is not, in any way, responsible for the contractual terms and conditions applied by the partner in question, not even with regard to the availability of the partner’s product, which is the object of the Reward.
6.5 The types and categories of Rewards may vary, at HV’s total discretion. HV exclusively limits itself to guaranteeing the availability of at least  type of Reward for each Level reached by the User. The presence of a Reward on the App’s dashboard does not, in any way, mean that the User has the right to purchase that specific Reward.
6.6 The User is solely responsible for evaluating any goods, including programs or services offered by third parties through the App. HV will not, in any way, be responsible for any contracts concluded, meaning the legal relationships established between the User and third parties through the use of the Service. In particular, relationships or the participation in or the adherence to third-party promotions or offers found on the Site, which take place exclusively between the Uses and the third party, are at the exclusive risk and under the sole responsibility of the User.
The User can demand that the guarantees of conformity provided for by Legislative Decree n.206/2005 (“Consumer Code”) - for the sale of goods to end clients who act as consumers - be met by the third-party supplier of the goods or service that are object of the Reward, and the User cannot hold HV responsible, since the agreement will be concluded directly between the User and the third-party supplier.
7. Intellectual Property Rights
7.1 The intellectual property rights relating to the Service and the App are and remain the exclusive property of HV or its licensors.
7.2 HV grants the User a free, non-exclusive, and non-transferable license to use the App exclusively for the User’s personal use and only for the duration of the use of the Service, for the sole purpose of installing a copy of the App on a single device under the terms of these General Conditions. In the event that the User owns more than one device and wishes to use the App on the other devices, the User must download two separate copies of the App. HV does not guarantee the portability of the Profile between IOS and Android.
7.3 Unless prior written consent is given by HV, the User cannot copy, (unless permitted by law), break down, or modify the App, the Service, or the underlying software.
8. Personal Data Protection
9.1 Transfer of Contract - The User is expressly forbidden from assigning all or part of the obligations specified in these General Conditions.
9.2 Partial nullity - If any of the provisions of this agreement, or of each order, are deemed null, invalid, or ineffective, such nullity, invalidity or ineffectiveness will not result in the nullity, invalidity, or ineffectiveness of the remaining provisions of this agreement, or of each order, which will, therefore, remain fully valid and effective, unless the clauses affected by invalidity are essential for stipulating the agreement, or each order, having taken in consideration the interests of the Parties.
9.3 Qualification - In order to prevent any possible dispute, the Parties expressly acknowledge that the Service governed by these General Conditions does not, in any way, constitute a contest or prize contest, pursuant to and for the purposes of Presidential Decree 430/2001.
9.4 Communication - If the User wishes to communicate with HV in relation to these General Conditions and the use of the App or the Service, the User must write to: firstname.lastname@example.org.
10. Applicable Law and Court of Jurisdiction
10.1 These General Conditions are governed by Italian law.
10.2 In the event of disputes (i) relating to or deriving from the use of the App and (ii) relating to the provisions of these General Conditions, the court of the place of residence or domicile of the User will exclusively be the court of jurisdiction, pursuant to and in accordance with art. 66-bis of the Consumer Code.
THE USER DECLARES THAT HAS READ AND EXPRESSLY ACCEPTED - ALSO FOR THE PURPOSES REFERRED TO IN ARTICLES 1341 AND 1342 OF THE ITALIAN CIVIL CODE AND ARTICLES 33, 34, 35 AND 36 OF THE ITALIAN CODE OF CONSUMPTION - THE CLAUSES: 1 ("OBJECT"); 3 ("DESCRIPTION OF THE SERVICE"); 4 ("USE OF THE SERVICE AND OBLIGATIONS OF THE USERS"); 5 ("HV OBLIGATIONS AND GUARANTEES") 6 ("THIRD PARTY AND AWARDS CONTENT").