TERMS AND CONDITIONS

SERENMIND RECOMMENDS CAREFULLY READING THIS LEGAL NOTICE AND THE TERMS AND CONDITIONS THAT GOVERN THIS APPLICATION, WHERE YOU CAN FIND INFORMATION ON HOW THIS APP SHOULD BE USED AND THE INFORMATION THAT WE TREAT ABOUT YOU TO OFFER OUR SERVICES.

SERENMIND WARNS: the following terms and conditions regulate the use and navigation of the pages that make up the ATRIA TECNOLOGÍA Y PSICOLOGÍA, SL website and app (hereinafter the “web” and “the app”); They are designed to protect and protect you.

This document is part of the general terms and conditions that regulate the SERENMINDwebsite and app, all of which are mandatory. Accessing and browsing the web and downloading the application, where appropriate, imply that the user knows, understands and accepts them. Otherwise, we ask users not to download the app or stop using online services of SERENMIND.

The terms and conditions of the web and the SERENMINDapp, in addition to the terms and conditions of use, are made up of:

  1. Terms of contracting the SERENMINDapp service.
  2. Cookies policy.
  3. Privacy Policy.

THE SERVICES IN THE APP DO NOT CONSTITUTE THE PRACTICE OF PSYCHOLOGY, CLINICAL, SOCIAL OR HUMAN RESOURCES, OR ANY OTHER ADVICE, DIAGNOSIS OR TREATMENT BY A PSYCHOLOGICAL PROFESSIONAL. TRUST IN THE SERVICES AND INFORMATION PROVIDED BY THIS APP IS AT YOUR OWN RISK. OUR SERVICES DO NOT SUBSTITUTE, NOR WILL IN NO EVENT SUBSTITUTE, ATTENDING A PERSONAL CONSULTATION IN FRONT OF A PROPERLY QUALIFIED AND CREDITED PSYCHOLOGICAL PROFESSIONAL ACCORDING TO THE LAWS APPLICABLE TO THE SERVICE.

NEVER IGNORE THE PROFESSIONAL SANITARY COUNCIL OR DELAY IN LOOKING FOR IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS APP.

IF YOU THINK ABOUT SUICIDE OR ARE CONSIDERING TO TAKE ACTIONS THAT COULD CAUSE HARM TO YOU OR OTHERS OR IF YOU FEEL THAT ANYONE MAY BE IN DANGER OR IF YOU HAVE ANY MEDICAL, PSYCHIATRIC OR PSYCHOLOGICAL EMERGENCY PLEASE SEEK OUT PROFESSIONAL MEDICAL HELP OR CONTACT AN EMERGENCY SERVICE .

TERMS AND CONDITIONS OF USE

  1. ABOUT US

This website is under the ownership of:

The website located at the URL www.serenmind.com and the mobile application (” SERENMIND“) are the property of ATRIA TECNOLOGÍA Y PSICOLOGÍA, SL (hereinafter “ATRIA”), with address in Spain, calle Sueca, núm. 6, Pta. 4 – CP: 46006 (Valencia), contact email info@serenmind.com and with CIF: B98975261; duly registered in the Mercantile Registry of Valencia in volume 10461, book 7742, folio 63, page V-180690, 1st Inscription.

  1. ACCESS TO THE WEB OR APP
  • Access to the web or app is not limited for reasons of age, sex or any other reason, nor is registration as a user in the app limited, except for reasons of legal capacity, since in order to contract we require that the user be older 16 years of age and not incapacitated by a firm legal resolution.
  • In the event that these limitations are not observed, the users themselves or, where appropriate, the user’s parents or legal guardians will respond directly for any type of damage or injury that may be caused, be they direct or indirect.
  1. OBJECT OF THE WEBSITE AND THE APP
  • SERENMIND, as an information society service provider, offers the following services:
  • Through the web : (i) information about the SERENMINDapp ; (ii) provide a form of access to the app in the respective marketplaces; (iii) offer ways to contact us.
  • Through SERENMIND : a pioneering psychological application, with tools created by psychologists that allows users to self-manage their mental health, providing them with support and learning tools, such as our chatbot.
  1. 4. WHO IS A USER, WHO IS A CUSTOMER?
  • By user we will understand any natural or legal person, of legal age or not, who accesses the web or the app to, contemplate, view, consult, inquire, or any other action that is not to register as a customer and start the contents by SERENMIND.
  • And we will consider customers to be those users who, being natural persons, access the app, register and start using the contents of SERENMIND.
  • Also, those who have agreed to subscribe to SERENMINDusing a promotional code will be considered as customers.
  • Also, those who have agreed to subscribe to SERENMIND using a promotional code will be considered as customers.
  1. VERACITY OF THE INFORMATION
  • The information you provide us must be truthful, sincere, real, and transparent, and that is why you will be responsible for all statements, data, content, information and details that are false, vague, or inaccurate.
  • Likewise, in your interaction with the app or chatbotyour information must be true and current, as this is of benefit to you by allowing you to achieve your goals in relation to our programs.
  1. INTELLECTUAL PROPERTY AND TRADEMARKS
  • SERENMIND owns or, where appropriate, has the corresponding licenses on the intellectual and industrial property rights necessary to offer its services and use the contents offered therein, including the site itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.
  • References to trademarks or trade names or other registered distinctive signs, whether owned by SERENMINDor third parties, carry the prohibition on their use without the prior, express and written consent of SERENMINDor its owners. At no time does the access or use of the website or the app confer legitimacy, ownership or possession on any of the aforementioned. You, users, will only enjoy a right to use the contents and / or services.
  • It is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the content included in the website, for any purpose, if you do not have prior authorization in writing from SERENMINDor, where appropriate, from the owner of the corresponding rights Likewise, it is forbidden to suppress or manipulate the copyright or other credits indications that identify the holders of rights of the content that the user finds on the web or app, as well as the technical protection devices, fingerprints, or any mechanism of protection or information incorporated into the content offered.
  • In any information or content of any kind that the user sends to SERENMIND, the user declares, guarantees and accepts:
  • that they have the right to do so freely;
  • that said information does not infringe any intellectual or industrial property; rights, trade secrets, or any other rights of third parties and
  • that such information is not confidential or harmful to third parties.
  • The user guarantees to hold SERENMINDfree of claims, procedures, damages, costs, fees (including legal ones), interests and expenses, direct or indirect, derived from any communication or content that you send.
  • If for any reason or means the user becomes aware of the existence of any illicit, illegal content, contrary to the laws or that could imply an infringement of intellectual, industrial property rights, or of any other nature, for third parties or for the user, this must immediately notify SERENMINDby email -above indicated- or postal -to the address indicated above- so that it can proceed to the adoption of the appropriate measures, at its sole discretion In the event that it is an owner, or assignee, who sees their rights affected, they must send communication with, at least, the following information:
  • identification data and means of contact;
  • documentation that proves your condition as owner or assignee;
  • assumption of fact of the violation or infraction and exact location within the web, of said act;
  • express declaration that the use of the contents has been made without the consent of the owner.
  1. LINKS

When you find links to third party sites, pages or environments or external to the SERENMINDwebsite or app, we want you to take the following into account.

  • Regarding the links to web pages, whether through buttons, links, banners, or embedded content, these are managed by third parties unless otherwise indicated.
  • SERENMINDdoes not have sufficient human or technical means to know, control or approve all the information, content, products or services, in advance, which you can access through buttons, links, banners, or embedded content.
  • That is why we cannot assume any type of responsibility regarding the platform, or page in which the contents, information, services to which you have been redirected outside of SERENMIND are located. Likewise, we cannot respond, with respect to the pages, platforms, or sites of third parties, about their operation, access, data, information, files, quality, and reliability of their products and services, their own links and / or any of their content, usually.
  • Be it the case in which, having left the web, you have effective knowledge about the illegality of the activities or content hosted on the pages of third parties, we will appreciate that you promise to notify us immediately so that we can immediately disable the link, advertisement, or button to said site, page, or platform.
  • Consequently, the existence of any type of link to another site, page, or platform will not imply any type of relationship, collaboration, or dependence with the owner / s of that site, page, or platform.
  • Regarding the links from other web pages to SERENMIND, whether through buttons, links, banners, or embedded content, these are managed by third parties unless otherwise indicated.
  • SERENMINDdoes not have the faculty or human or technical means to know, control or approve all the information, content, products or services provided by other web pages that establish links to the web.
  • Likewise, SERENMINDprohibits any type of link to the web from a site, platform or page that contains materials, information, or other content that is in any way illegal, degrading, obscene content, or contravenes the laws, morals, or public order. However, you can link to the web from your pages, platforms or sites, as long as you meet a series of minimum requirements, namely:
  • the page, platform or site where the link is located will not be able to reproduce, partially or entirely, the content of the web (web scraping );
  • It is not allowed to create a browser or a border environment on the sections of the web, nor in any other way may the web or app be modified;
  • It is not allowed to make false or inaccurate or incorrect statements or indications on the web or the app and / or, in particular, declare or imply that SERENMINDhas authorized the link to the web or that it has supervised or assumed in any way the content or services offered or made available on the web page where said link is established;
  • The web page on which the link to the web or app is established will not contain information or illegal content, contrary to morality and public order, as well as content contrary to any third party rights, including intellectual or industrial property rights. and / or the right to honor, personal and family privacy or self-image, or content that is contrary to the regulations governing the protection of personal data.
  1. USAGE REGULATIONS
  • Access or use of the web or app for illegal or unauthorized purposes is not allowed. Consequently, any event arising from the violation of this rule will be your sole responsibility. In particular, without limitation, but not limited to;
  • use the website or app in a way that may cause damage, interruptions, inefficiencies, or defects in its operation or in the computer equipment of a third party;
  • use the web or app to transmit, install or publish any virus, malicious code, or other harmful programs or files;
  • use the website or app to collect personal data from other Users;
  • use the website or app illegally, against good faith, morals, and public order.
  • Access without authorization to any section of the web or app, to other systems or networks connected to the web or app, to the servers used by SERENMIND, or to the services offered by us, by means of hacking or falsification, extraction of passwords, or any other illegitimate means;
  • Breaking, or attempting to breach, the security or authentication measures of the website or any network connected to it, or the security or protection measures inherent to the content offered;
  • Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the web or app or in the SERENMINDsystems or networks, as well as in the systems and networks connected to the web or app.
  • Failure to comply with any of the above will give us the right to take the appropriate measures covered by Law, being able to block the infringing access, without the possibility of you claiming any compensation for damages and losses.
  1. RATES AND SUBSCRIPTION
  • Access and navigation through the SERENMINDapp can be done freely and for free. However, to be able to use the services and access the different premium programs and content, it is necessary to subscribe.
  • RATES AVAILABLE
  • At SERENMINDwe have two rates that you can subscribe to: (i) monthly, or (ii)yearly. As its name indicates, the rates are classified according to the duration of the subscription and the periodicity with which it is renewed.
  • At all times SERENMINDreserves the right to modify the number and conditions of all its rates. Said changes will only affect those new subscribers and in no case do they entitle current subscribers to request reimbursement of amounts paid, in full or in part, should they wish to change the modality.

In order to formalize a subscription in the SERENMINDapp you can take two ways:

    • Introducing one of our promotional coupons offering the application for free, which will give you access to all the premium content of SERENMINDfor a specific period of time, which we will warn you about. ONCE THE FREE TRIAL PERIOD IS OVER THE PREMIUM CONTENTS WILL AUTOMATICALLY RETURN TO PAYMENT AND YOU WILL BE ABLE TO UNLOCK THEM BY SUBSCRIBING TO ONE OF OUR SUCRIPTION OPTIONS.
    • o Accessing without a coupon, and starting a subscription from the ” manage my account” section, where you can subscribe to any of our two rates, or when you find any blocked content, you just have to click on said content to be redirected to the subscription section. The procedure is simple:

(I) Access the subscription section.

(II) Read all the information carefully.

(III) Select one of the two rates: monthly or annual subscription.

(IV) Regardless of whether you use an Android or iOS device; You will get a pop-up in which you will be asked for your password in order to confirm the payment with the means of payment that you have registered on your device.

(V) You will have 14 days to try the Premium version of Serenmind. You can cancel the subscription at any time before 7 days on your Google Play platform (if you use Android) or Apple Store (if you use iOS) for which no charge will be made.

(VI) After the 14 free trial days, the payment will be made. Once you have verified that the payment has been made successfully, YOU CAN START USING SERENMIND DURING THE CONTRACTED TERM.

    • Accessing with a discount coupon that will allow you to subscribe at a lower price specified by Serenmind during the first period. At the end of the period, the normal rate will be paid, unless you have previously canceled the subscription.
  1. PRICES
  • Prices of SERENMINDwill show when applicable, any applicable taxes or fees, such as Value Added Tax or VAT.
  • SERENMINDreserves the right to modify prices. The modification for those users who are in a valid subscription will be applicable only from the moment of renewal.
  • In no case will a price change in the rates entitle current subscribers whose subscription has not expired to a change in prices or a full or partial refund of what has already been paid.
  1. PAYMENT METHODS
  • For your comfort and security, the payment methods enabled in the app are in-app; It means that your payment will be managed directly by Apple -in the case of iOS- and by Google -in the case of Android-.
  • The currency accepted on this website is EURO (EUR, €).
  • • Regarding the treatment of your payment data, keep in mind that the payment method is not owned or managed by SERENMINDand therefore those who process the data are Google or Apple as payment initiators.
  1. MODIFICATIONS, CANCELLATIONS AND WITHDRAWAL

MODIFICATIONS AND CANCELLATIONS

  • At any time, users may cancel the subscription or program they have contracted, but this does not imply any right to a refund of the amount paid, fully or partially.
  • If the cancellation is not made, once the contracted period has expired, the subscription will be renewed.
  • By canceling the subscription, you will have access to the application for the remaining time until the expiration of the subscribed period.

WITHDRAWAL

Given the specialty of the services offered through SERENMIND, and in accordance with the applicable regulations, the user declares to know by reading these terms and conditions that they do not have the right to withdraw from the moment the completion is confirmed. Payment, by entering your password or your device’s own identity verification method (FaceID; TouchID, etc.).

  1. RESPONSIBILITY OF SERENMIND

We cannot guarantee or be responsible for:

  • the continuity of the contents and services of the web or app, due to events beyond our control;
  • the absence of viruses and / or other harmful components on the web, the app or on the server through which we provide our services;
  • the invulnerability of the web or app;
  • the lack of usefulness or performance of the contents and services of the web or app;
  • to the limit of what is legally reasonable, the damages caused, to themself or to a third party, by any person who violates the conditions, rules and instructions established on the web or app, or through the violation of the systems of web or app security.
  • However, we assure you that we have adopted all the necessary measures, within our possibilities and with the state of the art, to guarantee the functioning of the web or app and to minimize errors in this, both from a technical point of view and of the content published by us as providers on the web.
  • We cannot be responsible for the veracity, integrity, or updating of the information published on the web or app from outside sources, as well as those contained in other platforms to which it is linked from the web or app.
  • SERENMIND, as far as legally possible, will not be responsible for direct or indirect damages derived from the use or misuse of the website or app that exceed the amount paid by the client as price.
  1. SUSPENSION OF THE WEB OR APP
  • We reserve the right to suspend, modify, restrict or interrupt, temporarily or permanently, the access, use, hosting and / or downloading of the content and / or use of the services of the web or app, with or without prior notification to the users who do not respect any of the detailed rules, without the possibility of the user to demand any compensation for this cause.
  • In this case, we want you to know that these acts may be brought to the attention of the police and judicial authorities in the event of detecting any type of violation of current legislation.
  1. CONFIDENTIALITY AND DATA PROTECTION
  • All personal data collected will be treated in accordance with the provisions of the Privacy Policy of the web or app that you must all accept, both for our use of cookies, and for registration as users. The user will be able to know our data policy in the following link Privacy Policy .
  1. MISCELLANY

In addition, you should take into account that:

  • In the event that any provision of this Legal Notice is declared null or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-application will not affect the remaining provisions;
  • The non-exercise or execution by us of any right or provision contained in this Legal Notice will not constitute a waiver of it, unless acknowledgment and agreement in writing by you.
  1. APPLICABLE LAW AND COMPETENT JURISDICTION
  • Provided that the regulations in force for this purpose foresee the possibility for the parties to submit to a specific jurisdiction, for any litigation issue derived from or related to this. The web will apply the Spanish legislation in force at the time of the litigation, leaving any controversy subject to the Courts of the competent jurisdiction.

LAST UPDATE 02/05/2020