Terms and conditions of use of the Vitaance application by Carebit Digital S.L.

Carebit Digital, S.L. (“Vitaance“) is a Spanish company, with registered office in Barcelona (08039), Plaza Pau Vila, Edificio Palau de Mar, Sector AD, 1st floor, office 1AD, with NIF B-42761916 and registered in the Commercial Registry of Barcelona in volume 47,804, Folio 91 and Page 562730. Web site at: https://www.vitaance.com/

 

1. INTRODUCTION

Welcome to Vitaance, an  application (“App“) designed to promote wellness. By accessing and using Vitaance, the user accepts these Terms and Conditions, as well as our Privacy Policy, and agrees to abide by them.

2. GENERAL CONDITIONS OF ACCESS TO THE APP

Access to the Services is limited to individuals authorized by invitation by an organization (hereinafter “the Organization“), a customer of Vitaance. The invitation and authorization will be detailed in each Organization’s access policy.

The contracting and use of the application by such individuals (hereinafter, the “User” or “Users“), shall be governed, in any case by these terms and conditions of use, as well as by the agreements that Vitaance has with your Organization. The User also accepts our Privacy and Data Protection Policy. Acceptance of these terms is a prerequisite for the use of our app, which is intended exclusively for users linked to Vitaance’s client organizations.

The user is advised to read and understand these terms before proceeding with the use of the application. In case of disagreement with any of the established terms, it is advised not to use the application. The user commits to a legitimate and responsible use of the application, avoiding any activity that may result in an illicit use, harmful to third parties, or that in any way may compromise the functionality and availability of the application for other users.

The information provided by the user is expected to be truthful and reliable, complying with the subscription forms and any other requirement necessary for access to the services and contents offered.

3. SCOPE OF SERVICES

Vitaance offers a variety of services, which can be activated by the client organization, according to its internal policies and preferences. 

  • Wellness App: Wellness tools, including challenges, an emotion journal and access to educational content, designed to actively support users’ physical and emotional health. There is also an AI tool that offers wellness tips. 
  • Virtual Balance: Monetary benefit granted by the Organization for personal welfare expenses or other categories, as defined by the Organization, administered through the Vitaance platform. Requires presentation of supporting documentation for reimbursement. Availability depends on the activation of the service by the Organization.
  • Flexible Payment Plan: A system that allows users to access food, transportation, childcare, insurance and training services, exempt from personal income tax, in accordance with the legal framework in force in Spain, provided that such services have been enabled by the client organization and configured in the Vitaance platform.
  • Insurance Products: Access to insurance products, available upon activation of the service by the Organization      . Vitaance provides users with information about the insurance products they have purchased.

4. USE OF THE WELLNESS APPLICATION

Vitaance offers a comprehensive wellness platform designed to improve users’ quality of life through a range of personalized services and activities. Vitaance’s wellness services are divided into three main pillars:

  1. Physical Wellness: Includes access to physical activities, challenges and educational content to promote healthy habits and improve employees’ physical condition.
  2. Mental Wellness: Provides tools and resources to reduce stress, improve mental health and foster a positive mindset.
  3. Social Wellness: Encourages communication and teamwork through activities and challenges that promote collaboration and a sense of community among employees.

The Vitaance application allows employees to access these services in a simple and personalized way, adapting to the individual needs of each user.                         

5. USE OF THE WELFARE BALANCE

Use of the balance:
To use the Virtual Balance, the user must upload to the Vitaance application the receipts or invoices corresponding to the consumptions made. These documents must include the total amount, the specification of the product or service purchased, the supplier’s data and the date on which the purchase was made.

Personal nature of the balance:
The Virtual Balance is personal and non-transferable. Its use is exclusively intended to cover the user’s consumption, always within the categories allowed by the consumption policy defined by the Organization.

Reimbursement Process:
Refunds will be processed monthly or on the date defined by the Organization, subject to validation of the consumptions by Vitaance. The reimbursement will be made up to the limit of the available balance and will be deposited in the bank account specified by the user, respecting the accepted consumption policies established by the Organization.

Eligibility of expenses:
Eligible consumptions for reimbursement will be defined by the Organization’s accepted consumptions policy. Only expenses that comply with this policy will be validated.

Validity of the balance:
The Virtual Balance will be available from the moment of its assignment until the expiration date stipulated by the Organization. This balance will remain valid as long as the user is linked to the Organization.

Loading and expiration of the balance:
The Virtual Balance will be loaded in accordance with the Organization’s policy. Upon reaching the expiration date, any unused balance will be managed in accordance with the Organization’s policies.

User Responsibility:
The user is responsible for:

  • Ensure the veracity and accuracy of the receipts or invoices submitted.
  • Respect the consumption policies defined by the Organization.
  • Use the Virtual Balance only for permitted purposes.
  • Maintain updated banking information required for reimbursements.
  • Properly manage the balance before it expires, as any unused balance will be managed by the Organization.

Bank Information:
It is the user’s responsibility to provide and keep his/her IBAN updated in order to receive refunds. In case of change, the user must update their bank details directly in the Vitaance application.

Balance Ownership:
The Virtual Balance is provided by the Organization and managed by Vitaance. The user is entitled to the use of the balance, but not to its ownership. The unused balance is not refundable in cash or transferable to another beneficiary.

Termination of the contractual relationship or access period:
Upon termination of its relationship with the Organization or at the end of the access period defined by the Organization, the User will lose access to the Virtual Balance. Any unused balance will be returned to the Organization or donated to an NGO selected by Vitaance, according to the Organization’s policies.

6. USE OF FLEXIBLE PAYMENT SERVICES

The flexible payment plan allows users to access food, transportation, daycare, health insurance and training services, exempt from Personal Income Tax, provided that they comply with the limits and conditions established by the tax regulations in force in Spain. In this sense, without prejudice to the terms that will be indicated in this section, the user knows and accepts the conditions and limits of use of the flexible remuneration established by Law 35/2006, of November 28, on Personal Income Tax and Royal Decree 439/2007, of March 30, approving the Personal Income Tax Regulations. These services are only available if they have been enabled by the client organization through the Vitaance platform.

Food:

  • Daily limit: 11 euros.
  • Monthly limit: 220 euros.
  • Conditions: Only applicable to consumption in catering establishments.

Transportation:

  • Monthly limit: 136.36 euros.
  • Annual limit: 1,500 euros.
  • Conditions: Exclusive for collective public transport. 

Nursery school:

  • No tax exemption limits, except in the Basque Country (limit of 1,000 euros per year).
  • Conditions: Only applicable to duly authorized educational centers.

Health insurance:

  • Annual limit per insured: 500 euros.
  • Extended limit (disability): 1,500 euros.
  • Exception: In the Basque Country there is no tax exemption for this concept.
  • Conditions: Covers insurance for the employee, spouse and descendants.

Training:

  • No tax exemption limits.
  • Conditions: Applies only to programs relevant to professional or personal development.

Personal nature of the services:
The benefits of flexible remuneration are of a personal and non-transferable nature. Their use is exclusively intended to cover the user’s consumption in the categories enabled by the client organization and always within the limits established by the regulations.

Available modalities:

1. Card mode:

    • Users receive a nominative corporate card for eligible consumption.
    • Transactions made with the card are automatically recorded on the Vitaance platform and do not require the uploading of supporting documentation.
  • Activation:
  1. The card must be activated by the user following the instructions provided through the Vitaance application.
  2. The user will assign a four-digit personal PIN, which will be required to authorize transactions.
  • Usage:
  1. The card is personal and non-transferable, and only the authorized cardholder may use it.
  2. Transactions can only be made at establishments that accept Mastercard cards and meet the established criteria.
  3. It may not be used for cash withdrawals, debt payments or direct debit subscriptions.

2. Reimbursement Mode:

    • Users can request reimbursement of consumption by submitting receipts through the platform.
    • Reimbursement process: 
      1. Reimbursements will be processed according to the periodicity defined by the Organization.
      2. They will be subject to validation of consumption by Vitaance.
      3. Reimbursement will be made up to the available limit and will be deposited in the bank account specified by the user.

User’s responsibility:

  • To guarantee an adequate use within the limits established by the tax regulations in force in Spain. 
  • For the Card modality:
    • Keep the PIN confidential and avoid sharing it with third parties.
    • Immediately report any loss, theft or unauthorized use of the card through the application or Vitaance support channels.
  • For the Reimbursement mode
    • Ensure the veracity and accuracy of the receipts or invoices submitted.
    • Update in the Vitaance application any change in bank or contact information.

Termination of the contractual relationship or access period:
Upon termination of its relationship with the Organization or at the end of the access period defined by the Organization, the user will lose access to Vitaance and any unused balance or benefit will be managed in accordance with the Organization’s policies.

 

7. USE OF INSURANCE SERVICES 

These services are available only if they have been enabled by the client organization through the Vitaance platform.

The App allows the display and consultation of limited information on the insurance policies that the User may have contracted. The App does not offer advice or perform insurance mediation activities. 

Vitaance also has its own insurance brokerage and underwriting agency, administratively authorized by the Spanish General Authority of Insurance and Pension Funds (Dirección General de Seguros y Fondos de Pensiones), which assist both the Organization and the User in the management of their insurance, within the limits established by the legislation in force. 

The App will collect information provided by the user about his insurance so that the underwriting agency or the insurance brokerage, as the case may be, can carry out the relevant procedures. 

The application itself will identify which of the two entities will carry out the described activities, in each case.

8. GENERAL USER RESPONSIBILITIES

The user agrees to use Vitaance in a responsible and appropriate manner, respecting the intellectual and industrial property rights. You must maintain the confidentiality of your password and access credentials, being responsible for any unauthorized access resulting from its misuse

The User may use the App only for lawful purposes and must comply with all applicable laws and regulations governing its use, including, by way of example, laws governing privacy, bulk email, spam, consumer protection, unfair competition and misleading advertising.

The User may not make the App available to third parties and, in particular, may not;

  • sell, resell, rent, lease, modify, license or create derivative works of any part of the App;
  • decompile, reverse engineer any part of the App, or attempt to discover any source code or proprietary ideas or algorithms of Vitaance:
  • access the App for the purpose of creating a product or service that competes in the marketplace with Vitaance, or copy any feature, function or graphic of the App;
  • use the App to store or transmit material that violates the privacy rights of third parties or applicable privacy laws;

use the App to store or transmit malicious code or for purposes that are unlawful or in violation of applicable law;

The user is responsible for the proper management of his/her Virtual Balance, uploading the necessary documentation for expense reimbursements. The information provided must be truthful and accurate.

In case of breach of these Terms and Conditions, the user will be liable for any damages caused, both to Vitaance and to third parties. The use of the application must be legitimate, avoiding illicit or harmful activities that compromise its functionality.

The user must keep his/her personal information up to date, including the IBAN for refunds, and avoid any manipulation of the application’s protection measures.

 

9. INTELLECTUAL PROPERTY

By subscribing to the App, the User may use the App within the limits indicated in these Terms and the agreements reached with your Organization. You also agree that the information entered in the App during the provision of services to Users may be anonymized and used by Vitaance for research purposes.

All material on the      app Vitaance, including without limitation, text, graphics, images, images, sounds, multimedia files, trademarks, logos, color schemes, configuration and arrangement of content, as well as software necessary for its operation, access and use, is under the protection of copyright and intellectual property, belonging to Vitaance or, failing that, to its licensors. It is strictly prohibited to copy, modify, distribute, transmit, display, perform, publish, license, create derivative works, sell or use any content of this application without the prior written consent of Vitaance.

Use of this application does not grant any rights to the content accessible through this application to the user. It is prohibited to decompile, disassemble, reverse engineer, sublicense, transmit in any form, translate or create derivative works of the software without prior authorization from Vitaance. Users must avoid removing, modifying, circumventing or tampering with any protection measures or security systems that are implemented in the application.

 

10. CONFIDENTIALITY

Vitaance is the exclusive owner of all rights to the Confidential Information (hereinafter, the “Confidential Information”) disclosed to the User as a result of the relationship between the two. Confidential Information shall be considered, by way of example and without limitation, any information of a technical, financial, commercial or any other nature, which may be disclosed orally, in writing or by any other means or medium, including development and implementation procedures, software, source code, object code, algorithms, design tools, databases, know-how, business organization, business plans, reports, studies, financial information, documentation, inventions, technologies, prices, sales and, in general, all information relating to Vitaance’s products and services, suppliers, partners, employees and customers.

All Confidential Information of Vitaance shall remain the sole and exclusive property of Vitaance, and no license or other right to such Confidential Information or to Vitaance’s intellectual property is granted to the User beyond the authorizations necessary for use by the User during the access period. User is obligated to hold all Confidential Information received from Vitaance in the strictest confidence and to take all reasonable precautions to safeguard the Confidential Information in the same manner as it takes to protect its Confidential Information of the same nature and to prevent them before any unauthorized use or disclosure or unauthorized attempts at access or modification.

User may provide ideas for corrections, improvements, comments, suggestions or recommendations or other feedback regarding the App or other elements of the Vitaance services. If User provides feedback, User grants Vitaance a worldwide, non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free right to use, reproduce, distribute, publicly display, perform or otherwise exploit and incorporate the feedback in whole or in part in the Services , and to otherwise dispose of and endorse Vitaance products and services incorporating such feedback, in any manner and through any means Vitaance sees fit. 

 

11. WARRANTIES 

The App is provided “as is” and Vitaance makes no warranties of any kind, whether express, implied, statutory or otherwise, and specifically disclaims any implied warranties of any kind, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement or warranties that may arise by operation of law. Without limiting the foregoing, Vitaance does not warrant that its software or services will be free from bugs, errors or omissions, or that it will be able to achieve success with respect to the results that the user may desire. The foregoing disclaimers shall apply to the fullest extent permitted by applicable law. 

The User warrants that: (a) it is of legal age and has the legal power to enter into agreements and accept these Terms, and that in doing so it will not conflict with any agreements or obligations it has with third parties; (b) the User’s use in connection with the App will not infringe the Intellectual Property Rights, industrial, or privacy rights of third parties; (c) the User will comply with all applicable laws in connection with its use of the App; (d) the User will refrain from any misuse, negligent or willful misuse unlawful of the App. 

 

12. UPDATES AND CHANGES

Vitaance reserves the right to modify the present terms and conditions, and undertakes to notify users and/or the Organization with a notice of no less than two months. This notification will be made by posting an updated version of the terms on the Vitaance application and on its official website.

In the event that any provision of this contract does not conform to applicable legal or regulatory requirements, such provision shall be omitted. The contract shall then be construed as including the modifications necessary to ensure full compliance with such legal or regulatory requirements. Should operational changes be necessary to comply with new statutory or regulatory requirements, Vitaance will make such adjustments as soon as possible. 

Vitaance undertakes to inform users well in advance of any material changes to the services provided under this agreement. It is incumbent upon the user to periodically check the Vitaance application and website for updates to these terms and conditions.

In case of disagreement with the modifications introduced to this agreement, the user may request the Organization to cancel his/her account and terminate the associated benefits, within one month from the notification of such modifications. Once this period has elapsed without the user expressing his/her disagreement, he/she shall be deemed to have accepted the modifications, which shall be of full and effective application.

13. CANCELLATION OR SUSPENSION OF SERVICE

If at any time you cease to meet the criteria necessary to use the Vitaance App and its associated functionality, your access to the Vitaance App will be suspended      immediately. Vitaance has the discretion to terminate this Agreement or suspend your access to the App and its benefits with immediate effect if there has been a violation of the terms of the Agreement, or in the event that the App has been used, or attempted to be used, in a negligent, fraudulent or unlawful manner.

If you wish to terminate your access to and benefits associated with the Vitaance application prior to the scheduled expiration of these services, you may do so provided that Vitaance determines that you have not engaged in fraudulent activity and that such termination does not contravene any law, regulation, court order, directive or recommendation of competent regulatory authorities or organizations.

To proceed with the cancellation of your access to the application, you must contact the Organization. Upon cancellation, you will not be able to access any available benefits or functionality that may have been of interest to you.

In the aforementioned cases of cancellation, or if you cease to be eligible to use the application and its benefits, any rights to the available benefits or functionalities will be retained by Vitaance and will not be transferred to the user.

14. DATA PROTECTION

By accepting these terms and conditions, you are informed that Vitaance will process your personal data necessary for the use of the Vitaance app in the position of data controller solely for the purpose of registering and deregistering users on the Vitaance app. For the other operations that are carried out on the tool, Vitaance acts in the position of data processor, following instructions from the relevant employer.  Thus, for example, if you choose to have part of your remuneration paid by childcare vouchers, the personal data necessary to process the above will be processed by VITAANCE on the instructions of your employer (the data controller). Similarly, if you activate certain functionalities of the app, such as, for example, the one allowing the counting of daily steps, VITAANCE will collect such data on behalf of your employer, following instructions from your employer, in its capacity as data processor authorized to collect such data and to anonymize them, in order to provide the employer with aggregated statistical data. In any of these cases, the user consents to the processing of his personal data to obtain an advantage or for any other purpose and VITAANCE, as data processor, will simply carry out the processing in accordance with the documented instructions of the employer (data controller).               

Personal data will be retained for as long as your relationship with Vitaance services persists and thereafter for the period necessary to manage any liabilities related to this relationship. If there is no contractual basis, your data will be kept until you request its deletion.

In accordance with the applicable regulations, you have the right to access, rectify and delete your data, as well as to limit or oppose its processing, request data portability and withdraw your consent at any time. To exercise these rights, you can contact Vitaance via privacidad@vitaance.com, attaching proof of identity. In addition, you have the right to lodge a complaint with the Spanish Data Protection Authority if you consider that the processing of your personal data does not comply with the regulations in force.

For more information on how we process your personal data, we invite you to consult Vitaance’s Privacy Policy available at           https://www.vitaance.com/politica-de-privacidad-vitaance-app/

 

15. LIMITATION OF VITAANCE’S LIABILITY

Vitaance reserves the right to suspend access to its application and the provision of services without prior notice for reasons such as maintenance, security, or technical problems. No liability will be assumed for interruptions or failures resulting from causes beyond our control, actions of the user or force majeure.

The accuracy and currency of the information provided in the application is diligently sought, but Vitaance does not guarantee the absence of errors and is not liable for any damages resulting from its use. In addition, any links to third party sites included in our application are provided for the user’s convenience only, without implying any validation of their content by Vitaance.

Vitaance excludes any liability for damages that may arise from the use of the application, including those caused by viruses or malware. Likewise, liability for misuse of the application is disclaimed.     

For liability in connection with these terms and conditions, Vitaance shall not be liable for:

  • Failures due to causes beyond our control, such as failures in data processing systems.
  • Indirect damages, including loss of profits or loss of business.
  • Any condition or warranty implied by law shall be excluded to the extent permitted by applicable law.
  • Non-compliance in the use of the flexible compensation system.
  • The above limitations extend to our affiliated companies, suppliers and agents, not limiting our liability in cases of gross negligence or fraud.

In case of any problems regarding services or benefits obtained through the Vitaance application, you are advised to contact the support emailcontacto@vitaance.com . Vitaance shall not be responsible for the quality, safety, legality or other aspects related to the services or benefits accessed through its application.

 

16. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with Spanish law, submitting to the jurisdiction of the courts of the city of Madrid,      Spain for any dispute, unless the user acts as a consumer or user, in which case, shall be subject to the courts of the place where the consumer is domiciled.      

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