1.- Object of the contract
This license agreement is an agreement between you (the USER) and CORI HEALTH & CARE, S.L.U., with NIF number B01740364 and address in Spain, at Calle Las Escuelas 10, Oficina 10, C.P. 01001 de Vitoria (Álava), in Spain, registered in the Commercial Register of Álava, Volume 1705, Folio 221, Page VI-20033, 1st Inscription.
The purpose of the contract is to regulate the conditions for granting a non-exclusive, personal and non-transferable license for the use of CORI, under the terms and conditions set forth therein. This software has the characteristics, specifications and functionalities described in the Apple App Store.
2.- Scope of the license to use the program
By means of this contract CORI HEALTH & CARE S.L.U. grants the USER a non-exclusive, personal and non-transferable right of use of CORI for the period of time indicated in the fourth clause of this contract.
CHUBBY APPS, S.L. is the owner of the intellectual, industrial and exploitation rights over the CORI app, so the USER does not acquire any right of this type except for the right of use. In particular, the USER may not reproduce, introduce improvements, make new updates, successive versions or derivative programs, or, in general, adaptations or modifications.
You may not, by yourself or by third parties, access, modify or use the source code, decompile, reverse engineer or disassemble except to the extent permitted by law, nor assign, sublicense, distribute, rent, transmit in any other way copies of the software, or make exploitations by yourself, by third parties or on behalf of third parties.
The license of use also includes the updates that, in its case, are carried out on the version acquired by the USER but not personalized developments that could be of interest.
In any case, the license is granted for a single user who will be able to install the CORI app on all his personal devices. In any case, if the USER contracts the Pro version, he/she will be able to share it for free with his/her family through “Family Sharing”, something that must be configured from the iCloud itself.
3.- Price
CORI can be used free of charge, but the use of all the features it offers requires a paid subscription. The amount for each of the subscription modes is indicated in the specific section of the Apple App Store. The Pro subscription for an indefinite duration will be paid at the time of purchase, while the monthly and annual subscriptions will be paid at the beginning of each renewal, depending on the duration or periodicity selected by the USER.
In the event of a price change in the different subscription modalities, the price that is most favorable to the USER will be maintained at the time of renewal, so that if there is a price increase, the USER will be charged the previous amount at the time of renewal.
All the taxes that are applicable to the purchase or contracting of the license of use of CORI will be in charge of the USER.
In any case, if the USER would like to make any claim on the amount paid or request a refund must do so through the Apple App Store, for which a button has been enabled in the “Settings” of CORI.
4.- Duration
The duration of this contract and, therefore, of the license of use and of the possibility of using CORI will depend on the type of subscription selected or contracted by the USER:
- Free version: indefinite duration, until the USER wants to stop using and delete the app from his/her device.
- Pro version: this can have a monthly, annual or indefinite duration, until the user wishes to stop using and delete the app from his device.
In the case of subscriptions that are not of indefinite duration, they are automatically renewed unless the USER cancels it 24 hours before each expiration, whether monthly or yearly. In order to manage this, a button has been enabled in CORI’s “Settings” that directs you to Apple’s App Store.
5.- Installation
The installation of the CORI app must be performed by the USER following the steps indicated in the Apple App Store.
7.- Obligations of the parties
- Obligations of CORI HALTH &CARE, S.L.U.
CORI HALTH &CARE, S.L.U. shall comply with the following obligations:
- Ensure the functioning of the CORI app, according to the functionalities published in the Apple App Store.
- Perform the necessary updates on the version purchased by the USER.
- To carry out, during the period of validity, the necessary modifications and corrections of all possible operating errors.
- To collaborate with the USER in everything necessary for the fulfillment of this contract.
- Comply with all other obligations contemplated in this contract.
- Obligations of the USER
The USER shall comply with the following obligations:
- Be over 14 years old.
- In the case of a paid subscription, pay the price of the corresponding user license and, if applicable, of each renewal.
- Follow the installation instructions.
- You must have a device that is compatible with the app in order to use it correctly. To know the compatibility at any time, please consult the CORI Data Sheet in the Apple App Store.
- Use the app only for its intended use, in accordance with these terms and conditions, its Privacy Policy and in accordance with the terms and conditions of Apple’s App Store.
- Maintain the confidentiality of your password, not being able to share it with third parties.
- Maintain the confidentiality of the information you keep in CORI, without sharing it with third parties in order to preserve your own privacy. It is the responsibility of the USER the use he makes of the application and, where appropriate, of the consequences that may arise if he shares with third parties the information he has in CORI.
- Periodically make backup copies of the data you process through CORI. In this sense, it is important that the USER takes into account that, as CORI data are stored on your cell phone, if you do not synchronize them with iCloud or other services such as Dexcom or Apple Health/Salud, in case it breaks down or you lose it, you would lose with it the data you have in the app, so that they would not be available when you activate the application on a new cell phone.
- To collaborate with CORI HEALTH & CARE S.L.U. in everything necessary for the fulfillment of the present contract.
- Communicate to CORI HEALTH & CARE S.L.U. the operating errors that it detects so that it can make the necessary corrections and modifications.
- Respect the intellectual property rights of CORI HEALTH & CARE S.LU. on CORI.
7.- Safety measures
CORI has implemented the maximum security measures that are within our reach and that allow the existing technology at all times. In addition, we make periodic reviews to improve the security of the app.
In any case, CORI complies with the minimum requirements demanded by Apple for developers in terms of security measures.
8.- Service Level Agreement
CORI is not installed on our servers or on servers contracted by us but is installed on the USER’s device so we cannot control the use of the app, nor guarantee the security of the device or the availability of the app on it. Likewise, in case the user synchronizes the CORI app with iCloud or other services such as Dexcom or Apple Health/Salud we will have to be in accordance with the Service Level Agreement (SLA) of the application in question.
What depends on us is that the application works correctly in terms of the functionalities it offers so, if any incident occurs that affects the operation we will solve it as soon as possible, in any case within a period of less than 14 calendar days from when we are notified of the incident or, in the absence of notification, since we have knowledge.
9.- Warranty
CORI HEALTH & CARE, S.L.U. guarantees the USER that the program will function correctly during the term of this contract and that it complies with the technical specifications contained in Apple’s App Store.
CORI HEALTH & CARE, S.L.U. undertakes to make the necessary modifications, adjustments and corrections to resolve program errors notified in writing by the USER. This obligation will not affect when the USER misuses or negligently uses the app or does not use it according to its technical requirements.
The app is delivered to the USER as is, as known to the USER, and is therefore not guaranteed to achieve a specific result or a specific purpose or to meet specific expectations. In this sense, it is expressly informed that, although CORI allows the USER to keep track of their diabetes, it is NOT A MEDICAL APPLICATION so that everything that has to do with this disease must be prescribed, prescribed and controlled by your doctor.
CORI HEALTH & CARE, S.L.U. shall not be held liable for any type of responsibility nor shall any errors that are or have been caused by the use of the APP or any of its elements or its manipulation (especially of the source and/or object codes) be covered by this warranty. In the case of manipulation of the object and source codes of the program, CORI HEALTH & CARE, S.L.U. shall be exempt from any liability.
10.- Responsibility
CORI HEALTH & CARE, S.L.U. shall not be liable for any damages that the USER may suffer as a result of the use of CORI, it shall only be liable for those that occur through malice or gross negligence, although the maximum amount of compensation shall be the price paid by the USER for the contracting of the license.
Since CORI is not a medical application but a tool used to control diabetes, everything that has to do with it must be prescribed, prescribed and controlled by the USER’s doctor so CORI HEALTH & CARE, S.L.U. assumes no liability for damages or consequences arising from diabetes that may suffer or possible complications.
CORI HEALTH & CARE, S.L.U. only guarantees compliance with the functionalities and technical specifications of CORI advertised.
11.- Intellectual and industrial property
The USER acknowledges that all intellectual and, if applicable, industrial property rights of the program belong solely and exclusively to CORI HEALTH & CARE, S.L.U. in such a way that the USER does not acquire any intellectual property right or any other type of right over the software, beyond the right of use that is the object of this contract.
The USER is expressly prohibited from reproducing, transmitting, modifying, adapting, creating new versions or derivative programs, decompiling, reverse engineering or disassembling, sublicensing, distributing and any other activity described in Clause two, without the express authorization of CORI HEALTH & CARE, S.L.U.
12.- Privacy Policy
The terms of the Privacy Policy posted on Apple’s App Store apply to this license agreement and can be found here.
13.- Extinction
This contract shall terminate for the general causes established in Spanish and European legislation and, in particular, for the following causes:
- Upon expiration of its term as provided for in the fourth clause and, in any case, the type of subscription chosen by the USER.
- By mutual agreement between the parties.
- For breach of the same by any of the parties.
- For other causes provided by law.
In case of breach by any of the parties of the obligations arising from this contract, the other party may terminate the same, without notice or compensation, being sufficient the communication of such termination to the opposing party. This is without prejudice to any compensation for damages that may be due.
14.- Resolution of queries and doubts
In case the USER has any questions or concerns regarding the terms of this license agreement, he/she may contact us by sending an e-mail to hello@cori.care
15.- Applicable law and jurisdiction
This contract shall be governed by the laws of Spain. For any discussion or dispute regarding the interpretation or performance of this contract, the parties expressly agree to submit to the Courts and Tribunals of Vitoria (Álava) in Spain, expressly waiving their own jurisdiction if they have one, unless the Spanish procedural regulations establish a different one.
In any case, in accordance with the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, we provide you with the following electronic link to the online out-of-court dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.