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Terms and Conditions of Use

This is a courtesy translation. In the event of any discrepancy, the Spanish version shall prevail. View in Spanish

1. Definitions

  • PLAMILY SYSTEM or the Entity: Plamily System Tecnología y Ayuda a la Familia, S.L.
  • Website: the website accessible at https://enebrat.com/
  • Application: the Enebrat mobile application, owned by PLAMILY SYSTEM, available for download from the Apple App Store and Google Play Store.
  • User: any person who accesses the Website or the Application.
  • Registered User: any User who has completed the registration process in the Application, whether as an Administrator User, a Beneficiary or an Authorised User.
  • Administrator User: a person who registers in the Application as the administrator of the profile of one or more Beneficiaries, being responsible for creating and managing those profiles and for configuring access permissions for Authorised Users.
  • Beneficiary: a person whose data are managed through the Application by an Administrator User or, where applicable, by the Beneficiary independently, provided that they have registered as a Registered User.
  • Authorised User: an authorised third party who accesses certain information about Beneficiaries within the Application, such as carers, nursing staff or day-centre staff.
  • Content: all texts, images, graphics, logos, icons, software files, animations, videos, sound recordings, data and any other material or information included in the Application.
  • Premium Subscription: the paid subscription plan that gives access to the extended features of the Application.

2. Purpose and scope

2.1. These Terms and Conditions of Use govern the relationship between PLAMILY SYSTEM and the Registered Users of the Application.

2.2. PLAMILY SYSTEM offers a digital platform designed to facilitate the management of the care of dependent persons or persons who require assistance in their daily lives. Its features include, by way of example and without limitation: (i) household food management, including a shared shopping list updated in real time; (ii) medication management, with personalised dosing schedules, a history of treatment adherence and smart alerts; (iii) multi-home management, which makes it possible to administer several homes and persons from a single account with customised roles; (iv) a shared calendar for organising medical appointments, recurring events and reminders; (v) accounting tools for tracking expenses and income, whether personal, of the household or of third parties; and (vi) a directory of relevant contacts, with a direct-call function.

2.3. The Application is available in a free version and as a Premium Subscription, the specific conditions of which are set out in the Application itself and on the Website. The prices shown for the Premium Subscription include applicable taxes, unless otherwise indicated.

2.4. The Application provides for different Registered User profiles, each of which will have specific features depending on the role assigned, in accordance with clause 4 of these Terms and Conditions of Use.

2.5. If you have any questions regarding the use of the Application, please contact us at contact@plamilysystem.com.

3. Acceptance of the Terms and Conditions of Use

3.1. These Terms and Conditions of Use will be accessible on the Website, by means of a direct link to their full text, for information purposes only. The publication of the Terms and Conditions of Use on the Website shall not entail the assumption of any obligation by Users who access it, and they shall be binding only on Registered Users of the Application in accordance with clause 3.2 below.

3.2. Access to the features of the Application requires the User’s prior registration and express acceptance of these Terms and Conditions of Use during the registration process, by ticking the box provided for that purpose. Express acceptance of the Terms and Conditions of Use is an essential requirement for completing registration and accessing the Application. By accepting these Terms and Conditions of Use, the User declares that they have read, understood and fully accepted their content. If the User does not agree with these Terms and Conditions of Use, they will not complete the registration process and must refrain from using the Application.

4. Types of Registered Users

4.1. For the purposes of this document, the following categories of Registered Users of the Application are distinguished:

a) Administrator Users: persons who register in the Application as administrators of the profile of a Beneficiary of the services of PLAMILY SYSTEM. They are responsible for creating and managing the Beneficiary’s profile and for configuring access permissions for authorised third parties.

b) Beneficiaries: persons whose data are managed through the Application by an Administrator User or, where applicable, by the Beneficiaries themselves independently.

c) Authorised Users: authorised third parties who access certain information about Beneficiaries within the Application, such as carers, nurses or day-centre staff.

5. Registration and the Registered User’s account

5.1. Registration requirements

5.1.1. In order to access the features of the Application, it is necessary to complete a registration process in which the User will provide, as a minimum, their first name, surnames, national identity document (DNI) number, email address, telephone number and any other data required during the registration process. Registration may also be carried out through external authentication providers (e.g. Google or Apple ID).

5.1.2. Registration is reserved for persons over 18 years of age with the legal capacity to enter into binding obligations. By registering, the User represents and warrants that all the information provided is true, complete and up to date, and undertakes to keep it so for as long as their account remains active.

5.1.3. During the registration process, the User must expressly accept these Terms and Conditions of Use by ticking the box provided for that purpose.

5.2. Access credentials

The Registered User is solely responsible for the safekeeping and confidentiality of their access credentials (email address and password). Any activity carried out through their account shall be deemed to have been carried out by the Registered User themselves. If unauthorised use is suspected, the Registered User must notify PLAMILY SYSTEM immediately at support@plamilysystem.com.

5.3. Suspension and cancellation of accounts

5.3.1. PLAMILY SYSTEM reserves the right to suspend or cancel the account of any Registered User who breaches these Terms and Conditions of Use, without prejudice to any legal action that may be appropriate.

5.3.2. Temporary suspension shall mean that the account and the features of the Application cannot be accessed during the suspension period, without this entailing the deletion of the Registered User’s data. Definitive cancellation shall entail the deletion of the account in accordance with clause 12 of these Terms and Conditions of Use.

6. Subscription plans and financial terms

6.1. Plans

The Application offers different subscription plans, including a free plan and a Premium Subscription. The features and specific conditions of each plan will be set out in the Application itself and on the Website from time to time.

6.2. Prices and payments

The prices applicable to the Premium Subscription, as well as the accepted payment methods, will be available in the Application. PLAMILY SYSTEM will manage the data relating to the status of the subscription, payment and renewal history, and the necessary billing information. All prices shown include, where applicable, the applicable taxes, unless otherwise indicated.

6.3. Renewal and cancellation

6.3.1. The Premium Subscription will be renewed automatically for periods equivalent to the one initially contracted, unless the Registered User cancels it with the notice indicated in the subscription conditions.

6.3.2. The Registered User may cancel their Premium Subscription at any time through the Application or by sending a request to support@plamilysystem.com. Cancellation will take effect at the end of the current subscription period, and the Registered User will retain access to the premium features until that date.

6.3.3. As a general rule, cancellation of the subscription shall not give rise to any right to a refund of amounts already paid for the current period.

6.4. Discounted subscriptions

Under collaboration agreements with mutual insurance societies or insurance companies, PLAMILY SYSTEM may provide free or discounted subscriptions to certain policyholders. In such cases:

a) The applicable conditions shall be those communicated to the User at the time of activation.

b) The contractual relationship arising from the use of the Application shall be deemed to be established between the Registered User and PLAMILY SYSTEM, regardless of the relationship that the Registered User has with the mutual insurance society or insurance company.

c) Should the collaboration agreement between PLAMILY SYSTEM and the relevant insurance company or mutual insurance society terminate, PLAMILY SYSTEM will inform the Registered User with reasonable notice, and the Registered User may choose either to take out a Premium Subscription on the terms in force at that time or to cancel their account.

7. Conditions of use of the Application

7.1. Lawful and responsible use

The Registered User undertakes to use the Application in accordance with the law, these Terms and Conditions of Use, morality and public order, and to refrain from using it for unlawful purposes, for purposes that harm the rights and interests of third parties, or in any way that may damage, disable, overload or impair the Application or its services.

7.2. Prohibited uses

Without limitation, it is prohibited to:

  • Use the Application for purposes other than those provided for in these Terms and Conditions of Use.
  • Enter false, inaccurate or misleading content.
  • Attempt to gain unauthorised access to the accounts of other Registered Users, or to the systems or networks of PLAMILY SYSTEM.
  • Carry out reverse engineering, decompilation or any other activity that compromises the integrity of the Application’s software.
  • Use robots, spiders, scrapers or other automated means to access the Application.
  • Introduce viruses, malware or any other malicious code.
  • Reproduce, distribute, publicly communicate or transform any Content of the Application without the prior written authorisation of PLAMILY SYSTEM.

7.3. Management of Beneficiary profiles

The Administrator User who creates or manages the profile of a Beneficiary represents and warrants that:

  • They have the express authorisation of the Beneficiary or act as the Beneficiary’s legal representative.
  • The data provided concerning the Beneficiary are true and accurate.

The Administrator User shall be solely responsible for the data they enter in the Beneficiary’s profile and for the use they make of the Application in relation to that profile.

7.4. Management of permissions for Authorised Users

The Administrator User or the Beneficiary may grant access permissions to Authorised Users (carers, nursing staff, day centres, etc.), defining the level of access (read, edit, etc.) and the profiles to which they will have access. Such permissions may be revoked at any time.

8. Licence to use the Application

8.1. PLAMILY SYSTEM grants the Registered User a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the Application on a compatible mobile device, exclusively for personal and non-commercial use, in accordance with these Terms and Conditions of Use.

8.2. This licence does not entail the assignment of any intellectual or industrial property right in the Application or its source code, and the Registered User must refrain from any use not provided for in these Terms and Conditions of Use.

8.3. The licence shall be deemed automatically revoked in the event of a breach of these Terms and Conditions of Use by the Registered User.

9. Intellectual and industrial property

9.1. The Application and all the Content that forms part of it are protected by national and international intellectual and industrial property laws. Accordingly, the reproduction, distribution, public communication and transformation of the Application and the Content and/or of any of the elements that make them up is prohibited, including, by way of example and without limitation, texts, animations, images, videos, sound recordings, trade marks, graphics, logos, buttons, software files and colour combinations, as well as the structure, selection, arrangement and presentation of the Content, without prejudice to any rights that third parties may hold over any of their elements.

9.2. The Content made available in the Application is the property of PLAMILY SYSTEM or of its respective rights holders, and its exploitation in any form whatsoever is not permitted.

9.3. Use of the Application does not confer on the User any intellectual or industrial property right over the Content and elements that form part of it.

10. Personal data protection

10.1. The processing of personal data collected through the Application shall be governed by the Privacy Policy.

10.2. Likewise, the use of cookies is governed by the Cookie Policy.

11. Disclaimer of warranties and limitation of liability

11.1. Nature of the Application

The Application is a tool to support the management of care and does not, under any circumstances, replace consultation, diagnosis or treatment by healthcare or any other professionals. Decisions taken by Registered Users on the basis of the information recorded in the Application are their sole responsibility.

11.2. Availability of the service

PLAMILY SYSTEM will use its best endeavours to ensure the availability and proper functioning of the Application. However, PLAMILY SYSTEM does not guarantee uninterrupted availability, the absence of errors or immunity from viruses or other harmful elements. PLAMILY SYSTEM may temporarily suspend access for reasons of maintenance, updating or improvement of the service.

11.3. Technical matters

PLAMILY SYSTEM accepts no liability arising from technical problems or failures in computer equipment occurring while connecting to the Internet, or for damage that may be caused by third parties through unlawful intrusions beyond the control of PLAMILY SYSTEM. We are also released from all liability for any loss or damage that the User may suffer as a result of errors, defects or omissions in the information we provide where it comes from sources external to us.

11.4. Use of the service

In particular, PLAMILY SYSTEM shall not be liable for:

  • Loss or damage arising from the improper or negligent use of the Application by the Registered User.
  • The truthfulness, accuracy or currency of the data entered by Registered Users in the Application.
  • Damage arising from the loss of data caused by technical problems beyond the reasonable control of PLAMILY SYSTEM.

12. Termination

12.1. Termination by the Registered User

The Registered User may terminate their relationship with PLAMILY SYSTEM at any time by cancelling their account through the Application or by sending a request to support@plamilysystem.com.

12.2. Termination by PLAMILY SYSTEM

PLAMILY SYSTEM may terminate its relationship with the Registered User and suspend or cancel their account in accordance with clause 5.3 of these Terms and Conditions of Use, without prejudice to any legal action that may be appropriate.

12.3. Effects of termination

12.3.1. Termination shall not affect obligations that have already arisen or those clauses of these Terms and Conditions of Use which, by their nature, must survive the end of the relationship (including, among others, those relating to intellectual property, limitation of liability, confidentiality, data protection and applicable law).

12.3.2. Following cancellation of the account, PLAMILY SYSTEM will keep the Registered User’s data blocked for the period established by law for compliance with the applicable legal obligations. Once that period has elapsed, the data will be deleted or anonymised, in accordance with the Privacy Policy.

13. Updating and modification of the Terms and Conditions of Use

13.1. PLAMILY SYSTEM reserves the right to modify or remove, without prior notice, both the information contained in the Application and its configuration and presentation, without assuming any liability for doing so.

13.2. Likewise, PLAMILY SYSTEM reserves the right to modify these Terms and Conditions of Use at any time. Modifications will be communicated to Registered Users the next time they access the Application and will enter into force from their publication. PLAMILY SYSTEM will require the Registered User’s express acceptance of such modifications. Should the Registered User not accept the modifications, they may cancel their account in accordance with clause 12.1, without any penalty.

14. Partial invalidity

If any clause of these Terms and Conditions of Use is declared null and void or ineffective, in whole or in part, such declaration shall affect only the provision or part thereof concerned, the remainder of the Terms and Conditions of Use remaining in force, and the provision declared null and void or ineffective shall be deemed not to have been included.

15. Applicable law

In accordance with Article 3 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI), the laws applicable to the information society services provided by PLAMILY SYSTEM through the Application shall be those of Spain. Therefore, Spanish law shall apply to any dispute concerning the Application or any conflict relating to it between Registered Users and PLAMILY SYSTEM.

16. Contact

For any query or complaint relating to these Terms and Conditions of Use, the User may contact PLAMILY SYSTEM through the following means: