Terms of Use and Contracting for ENVITA
1.- Ownership
This website, https://envita.es, is owned and operated by ENVITA DIGITAL SOLUTIONS S.L., hereinafter referred to as ENVITA, a Spanish company with its registered office at C/ Pintor Colmeiro 1, Entlo. 36211 – Vigo (Pontevedra), holder of the tax ID number B-27867621, registered in the Mercantile Registry on February 28, 2019, in volume 4273, folio 65, entry 1 with sheet PO-64890. Deed number 2019/245 authorized on February 6, 2019, by notary Francisco León Gómez. Entry number 1/2019/1.989, 0, journal 13, seat 969.
2.- Acceptance
This website (hereinafter the Service or ENVITA) is available for any user and subject to the following terms and conditions: these Terms of Use and Contracting (hereinafter referred to as TUC), our Privacy Policy, and our Cookie Policy.
By using the Service, you accept these TUC and all other terms and conditions.
You agree not to use this site for any illegal purposes.
3.- Description of the Service
ENVITA is an online platform through which you can create your Life Story or that of a family member (whom we refer to as the “Life Story protagonist”) and turn it into a Life Story Book. Based on a methodology that includes questions about each life stage (Past, Present, and Future), the protagonist of the project provides written and visual (photographic) information, which will form their Life Story Book.
To create a Life Story Book, you need to be a registered user of ENVITA.
There are 5 types of users on our ENVITA platform:
Registered user for personal use: A person who has registered on our platform and contracted our services. This user must comply with these terms and conditions.
Registered user for professional use: A person, either individual or legal entity, who has signed a professional use contract with us for our platform, including users hired by them or collaborators granted access under their license. This user is required to comply with these terms and conditions and the signed contract with Envita Digital Solutions, S.L. which authorizes them to use our platform professionally.
Invited user: A person who has registered on our platform to participate in creating the Life Story of a loved one through a third party (e.g., a nursing home or day center). This user must comply with these terms and conditions.
Demo users: A person who has accepted to use our platform for free. This user must respect the specific conditions described in clause 3.3 and other applicable conditions of these terms and conditions.
Testing users: A person who uses our platform under agreements that Envita has signed with various entities. These users will be subject to the conditions specified in the corresponding agreement and, in any case, must respect these terms and conditions in all applicable areas, especially those specified in clause 3.4.
3.1- Creating and using your user account:
As a user, you will have a username and password, which you must safeguard to prevent unauthorized access by third parties. If you believe unauthorized access has occurred to your account, you should notify ENVITA as soon as possible.
If you are a professional or testing user, you are additionally required to comply with any provisions specified in the contract and collaboration agreement, respectively, that you have signed or are part of with Envita.
You will also need to obtain specific consent from the protagonists or their family members to create the Life Story. For this purpose, the relevant authorization will be provided.
3.2- Deleting your user account:
Registered user: You can delete your account from your control panel by requesting its deletion at legal@envita.es.
Once your account is deleted, any outstanding amounts will be charged using the same process that applies during the service period.
Deleting your user account means you will no longer have access to your content, so you must download it beforehand. In any case, 15 days after your account is deleted, we will remove all your content, except for content that you have authorized us to use according to the conditions specified in clause 7.
Professional users: The provisions in the contract you have signed with ENVITA will apply.
Invited users: Accounts will be deleted 15 days later.
Demo users: The provisions in clause 3.3 will apply.
Testing users: The provisions in the agreement signed between ENVITA and the entity and those set out in clause 3.4 will apply.
3.3.- Trial users
ENVITA offers users the opportunity to use our platform free of charge and for a limited time as part of a collaboration agreement with various entities, under the following conditions:
Platform use: Access to our platform to add your content, but limited to the “childhood” section.
Duration: The trial period will be limited and communicated to the user in advance. Once this period expires, you may become a registered user by subscribing to one of our plans. After 15 days from the end of the trial period, if you have not become a registered user, your account and its content (Life Story) will be deleted.
Data protection: Once your account is deleted, we will erase all your data and only retain your email address for informational and/or commercial purposes. If you wish to unsubscribe from such communications, you may exercise all rights granted under data protection law by emailing info@envita.es.
3.4- Testing users:
ENVITA offers users the opportunity to use our platform free of charge and for a limited time as part of a collaboration agreement with various entities, under the following conditions:
Platform use: The free trial will consist of creating one or more Life Stories, free of charge for a limited time. You will not receive direct remuneration or compensation from ENVITA for participating in the testing activities. ENVITA may ask you to complete a feedback survey or participate in an interview (in-person or virtual). You are not obligated to complete the survey or interview, and you may proactively share your feedback via email at soporte@envita.es.
Duration: The duration will be as specified in the collaboration agreement signed between ENVITA and the entity.
Confidentiality: As a testing user, both you and the protagonist of the Life Story (if not the same person) are obligated to ensure confidentiality and not use, reproduce, or communicate any data to third parties obtained during participation, whether from business activity or from the software application. This obligation persists after the collaboration period ends.
For the purposes of this Agreement, “Confidential Information” refers to all information, whether technical, financial, commercial, work methodology, “know-how,” or of any other nature, provided or communicated by ENVITA regarding the platform testing, in any form or medium, whether tangible or intangible, currently known or enabled by future technology.
If, before entering this agreement, you had access to ENVITA’s platform information, it will be considered confidential unless explicitly identified by ENVITA as free for use and/or disclosure.
Data protection: You and the protagonist of the Life Story consent to the collection and processing of personal data by ENVITA, which will be used for creating the Life Story through the ENVITA platform and for maintaining informative communications. Your data will be kept as long as there is mutual interest in doing so. We inform you and the protagonist that your data will not be transferred, except as necessary to fulfill the requested service or by legal mandate.
We inform you that we will process your data in a lawful, fair, transparent, accurate, and up-to-date manner. We commit to adopting all reasonable measures to ensure that data is deleted or rectified without delay when found to be inaccurate. In accordance with the rights granted to you by the current data protection regulations, you may exercise your rights of access, rectification, restriction of processing, deletion, portability, and objection to the processing of your personal data, as well as the withdrawal of consent for such processing, by sending your request to the following postal address: C/ Pintor Colmeiro 1, Entlo. 36211 – Vigo (Pontevedra) or by email to legal@envita.es.
You also have the right to file a complaint with the Spanish Data Protection Agency.
For more details on how we process your data, please refer to our privacy policy.
Study Development: The data and reports from the study, as well as the ownership of the results, will belong to ENVITA, which is expressly authorized to use, transfer, and disclose them without requiring authorization or communication from you or the protagonist of the life story.
4.- External Links
You may be directed to other websites through links provided by the Service.
However, ENVITA does not control these sites or their content, which are subject to their own terms and conditions. Therefore, ENVITA is not responsible for the quality, accuracy, or truthfulness of these sites.
5.- Age
You declare that you are of legal age and have the legal capacity to enter into this agreement and use the Service in accordance with these TUC, which you fully understand and acknowledge.
You also declare that all information provided for access to the Service, both before and during its use, is true, complete, and accurate.
6.- Intellectual and Industrial Property
The content and information of the Service (including data, text, sound, images, trademarks, designs, or computer code), as well as the infrastructure used to provide such content and information, are owned by ENVITA or have the necessary authorizations for their use.
Modification, reproduction, duplication, copying, distribution, sale, resale, or any other form of exploitation for commercial or equivalent purposes of the Service is prohibited.
For any other use of the Service’s content, you need our prior written consent.
7.- User Content
You will create the Life Book following the steps indicated on our platform, either in the first person or by collaborating on a loved one’s book.
Once you have created your Life Book, you can obtain a copy from your user profile in one of the following ways:
Free version: PDF format.
Paid version: Ordering a printed version of your book in one of the formats available from Envita.
7.1. Usage License in Favor of ENVITA
All content you generate when creating a Life Book is yours.
We will only access it if you expressly authorize us to edit and/or correct your Life Book when you order it in PDF format without a watermark or as a printed book. You may revoke or modify this authorization at any time by emailing us at legal@envita.es.
7.2. Liability Exemption
By creating your content, you acknowledge that you are solely responsible and expressly exempt ENVITA and anyone acting on its behalf from any liability arising from potential claims by third parties.
Similarly, if you include any material in your Life Book that may be protected by intellectual and/or industrial property rights (such as photos or images), you acknowledge that you own these rights or have authorization for their use and exempt ENVITA from any liability arising from their use.
8.- Prices and Taxes
The prices of products offered by ENVITA are indicated in euros (€) and include the Value Added Tax (VAT) or other applicable taxes at the time of service contracting.
9.- Payment Methods
Payments for contracted products will be made via bank transfer to Envita Digital Solutions S.L.
10.- Temporary Suspension or Permanent Deletion of the User Account
A renewal notice will be sent one month before your subscription expires to the email associated with your Envita user account. In the event of non-payment upon expiration, a new notice will be sent to communicate the temporary suspension of the account and the possibility of reactivating it by paying the renewal fee.
If payment is not made within 15 days after the license expires, the account and all associated content will be deleted, with no possibility of recovery.
11.- Offer Validity
The products offered on the Service and their prices will be available for contracting as long as they are listed in our product catalog.
We reserve the right to make any changes we deem appropriate to the Service, including updating products and services based on market conditions.
The prices listed on the website are subject to change. We reserve the right to change prices without prior notice. However, once you receive order confirmation, the prices for that order will not be affected.
12.- Security
As mentioned earlier, all contracting procedures and the transmission of your personal data and credit card details are conducted on a secure, encrypted page using the SSL protocol.
PSD2 and GDPR Notes: In compliance with EMVCo regulations, MasterCard, VISA, and the European PSD2 Directive, during the electronic payment process, ENVITA will communicate information regarding the connection used in the session to the card-issuing bank to validate the payment transaction performed by the user.
13.- Modifications and Nullity
We may update the terms and conditions of the Service in the future.
You will be informed of these changes by posting a notice in a prominent place on our website and/or by email.
If any clause included in these TUC is declared null or void, in whole or in part, it will only affect that provision or the part of it that is null or void. The rest of the TUC will remain valid, and the affected provision will be considered as not included.
14.- Claims and Actions Arising from the Contract
This contract is governed by Spanish law.
To simplify civil claim resolution and reduce costs, we do not exclude the possibility of submitting to an Equity Arbitration Court of the Chambers of Commerce and Industry.
In this regard, ENVITA informs you of the existence of a European online dispute resolution platform that facilitates extrajudicial resolution for contracts entered into online between consumers and internet service providers. This platform is accessible at: http://ec.europa.eu/odr
15.- Customer Support
For any clarification, incident, or complaint, you can contact us at:
– Email: info@envita.es
– Address: C/ Pintor Colmeiro 1, Entlo. 36211 – Vigo (Pontevedra)
Updated January 2023.
