General Terms and Conditions of Use and Contracting

These General Conditions of Use and Contracting (hereinafter, “the General Conditions”) govern access and use of the website accessible through the eholo.health domain name and its subdomains (hereinafter, “the Website”), as well as the contracting of goods and/or services through it. Simple access to the Website confers the status of user of the Website (hereinafter, “the User”). If you do not agree with these General Conditions, the User must immediately leave the Website without using it.

By accepting these General Conditions, the User declares:
a) That you have read, understand and accept what is stated here.
b) That, if you are willing to contract any good and/or service, you have sufficient capacity to do so.
c) That, if acting on behalf of a legal entity, it has sufficient power of representation and in force for this purpose.
d) That you are of legal age.

1. General Information on the Website

Below is general information on the Website:
Owner: EHOLO PSICOLOGIA, S.L. (hereinafter referred to by its trade name, “eholo”).
Registered office: Consell de Cent Street, number 191, main floor, first door, 08011 — Barcelona.
N.I.F.: B67679357
Email: soporte@eholo.health
Registration data: Registered in the Mercantile Registry of Barcelona, volume 48187, folio 51, sheet B575203, entry 1.

The goods and/or services offered through the Website are intended exclusively for professionals and centers, who can only contract them for a purpose related to their commercial, business, profession or profession. Consequently, the contracting of goods and/or services made through the Website is not subject to Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

2. Access to the Website

Simple access to the Website is free except for the cost of connecting through the telecommunications network provided by the access provider contracted by the User.

3. Contents and services linked through the Website

The Website may contain technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites”). In these cases, eholo will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of their illegality and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he can report it to eholo.
Under no circumstances should the existence of Linked Sites presuppose the formalization of agreements between eholo and their managers or owners, nor should eholo recommend or promote the Linked Sites and/or their contents. Unless otherwise expressly indicated on the Website, eholo is not aware of the contents and services of the Linked Sites and, therefore, is not responsible for any damages that they may cause to the User or to any third party.

4. Intellectual and industrial property

All the contents of the Website, including but not limited to, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are the intellectual property of eholo or third party licensors, without any of the exploitation rights recognized by the current regulations on intellectual property relating to them being transferred to the User.

The User declares to be the sole author of all photographs, images, texts and/or comments (hereinafter, “User Content”) to publish or send through the sections of the Website provided for this purpose, ensuring that their use on the Website does not infringe the rights of any third party. With regard to such User Content, the User grants eholo free of charge and on a non-exclusive basis the rights of public communication, reproduction, distribution and transformation, to the extent necessary for eholo to carry out the purpose for which the User has provided the User Content.

The brands, trade names and other distinctive signs published on the Website are the property of eholo or of third party transferors and/or licensors, and no right over them can be understood to have been transferred to the User.

5. Hiring the eholo Platform

5.1. Key features of the service

The main features of the eholo Platform can be viewed here. The different plans available for contracting can be found hither

5.2. Recruitment procedure

The language in which the contract can be formalized is Spanish. The procedure for contracting the use of the eholo Platform is as follows:
1. The User must select the plan that best suits their needs, depending on whether the hiring will be carried out by a professional or a center. In the case of centers, the number of workers must be selected. To continue with the contract, the User must click on the “Start for free” button on the selected plan sheet.
2. The User must then fill out the registration form that will appear on the screen, after which they must click on the “Start for free” button.
3. The User must then choose whether to create an account for himself or for a center, and must provide the data requested.
4. Once this has been done, the User will have access to their panel within the eholo Platform and can start using it. At this point, a 3-day free trial period will begin. The User will receive an email confirming the registration on the eholo Platform. eholo will save electronic proof of the contract made by the User, who can consult the details of the contracted plan through their account.

5.3. Password

The User is responsible at all times for the custody of their password, thus assuming any damages that may arise from its misuse, as well as from the transfer, disclosure or loss of it. For these purposes, access to restricted areas and/or the use of the services and contents of the Website carried out under your password will be deemed to have been done by the User.

5.4. Correction and identification of errors in data entry

When the User forgets to correctly fill in any data indicated as mandatory in the corresponding form, they will not be able to proceed with the contracting or validation process until they have completed it. An on-screen message will warn you of this circumstance.
You can modify and/or update at any time the data provided during the contracting process, before its completion, going back to the desired step.
By accessing their account, the User may modify and/or update at any time the data they provided when registering as a user of the Website.

5.5. Price and payment methods

The prices indicated for each plan in its corresponding sheet include, unless otherwise indicated, Value Added Tax (VAT) and, in any case, are expressed by default in Euro currency (€).
If the User accesses the Website from a country located outside the European Economic Area, they will see the prices expressed in dollars ($).
Once a payment has been made and a subscription has started, no refunds or cancellations will be made of subscriptions until they end and a minimum of 30 days in advance must be notified before the next charge to process the cancellation of a subscription.
If a discount code is applied at the time of activating a subscription, the charge will be made at the same time of registration, omitting any existing trial period.
The payment methods available on the Website are the following:
● Credit/debit card.

6. Eholo's liability to the licensee of the eholo Platform

eholo's liability to the licensee of the eholo Platform is in any case limited to direct damages that the licensee may suffer as a result of intentional or negligent acts or omissions committed by eholo during the provision of its services. In any case, eholo's financial liability for this concept will be limited, for each annual period of validity of the license, to a maximum amount equivalent to the six-month payment of the plan contracted by the licensee (VAT excluded).
Under no circumstances will eholo be liable to the licensee for indirect damages and/or lost profits. In addition to the above, eholo's liability will be completely excluded in the following cases:
1. Scheduled service interruptions, previously announced to the User.
2. Urgent service interruptions that, for this reason, could not have been previously announced to the User.
3. Damages and losses caused by third parties.

7. Force majeure

eholo will not be responsible for the breach of its obligations in relation to the provision of the services contracted by the User when the breach is due to unforeseeable circumstances or force majeure.
Fortuitous event or force majeure shall mean any event that is beyond eholo's will, foreseeable or unpredictable but inevitable and insurmountable in itself or in its consequences, that prevents eholo from fulfilling any of its contractual obligations, and that is not the result of its fault or negligence, provided that it has not contributed to the occurrence of the event.
Contractual obligations whose fulfillment is prevented by a fortuitous event or force majeure, will not be enforceable only for as long as such impediment persists; as soon as the impediment ceases, the enforceability of the fulfillment of said obligations will be restored. In addition, the presence of a fortuitous event or force majeure exempts you from liability to pay damages for the delay in fulfilling obligations whose enforceability has been suspended. In such a case, eholo will act with the utmost diligence to mitigate, remedy or overcome its effects.
They may constitute fortuitous events or force majeure, including but not limited to hurricanes, earthquakes, floods, fires, strikes or other labor disputes, public disturbances, declared or undeclared wars, insurrections, terrorist acts and sabotage.

8. Requests for information and support

The User can direct their requests for information and support to eholo, using any of the following channels:
a) Sending a letter to Consell de Cent street, number 191, main floor, first door, 08011 — Barcelona.
b) Sending an email to the address soporte@eholo.health

9. Nullity and ineffectiveness of clauses

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, these General Conditions remaining in everything else and such provision being considered totally or partially by not included.

10. Applicable Legislation and Competent Jurisdiction

These General Conditions will be governed and interpreted in accordance with Spanish law.
The User and eholo agree to submit any dispute arising from the use of the Website, or the contracting of goods and/or services carried out through it, to the Courts and Tribunals of Barcelona, with the express waiver of any other jurisdiction that may apply to them.

11. Deleting Personal Information

Elimination Commitment: In the event that any user registered under the category of\ 'Psychologist\ 'chooses to unsubscribe from eholo, we undertake to completely and permanently delete all personal information and data entered by that user on the eholo platform if the user requests it.

Scope of Deletion: Data deletion includes, but is not limited to, personal records, notes, diagnoses, treatments, and any other type of information entered by the user on the platform.

Deletion Process: The deletion of the data will be carried out in a secure manner and in accordance with current data protection regulations. This process will start automatically after confirmation of the user's cancellation and will be completed within a maximum period of 30 days.

User Responsibility: It is the user's responsibility to ensure that all necessary or relevant information has been backed up or copied before requesting cancellation, since once deleted, the data cannot be recovered by eholo.

Amendments to the Clause: eholo reserves the right to modify this clause at any time, notifying users in reasonable advance of such changes.

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