Legal Notice and Conditions of Use

1.- Holder.

In compliance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that the Web https://www.geeksme.com (hereinafter, the “Web”) and the mobile application Geeksme (hereinafter, the “App” or the “Application”) are owned by:

The company GEEKSME S.L. with registered office at C/ Salustiano Olózaga, staircase izquierda, 3a floor, 28010, Madrid (Spain), C.I.F. number B-87291464 and registered in the Mercantile Registry of Madrid, Volume 33508, Folio 11, Page M-603148, 1st entry (hereinafter, “GEEKSME”). You can contact us by sending an e-mail to info@geeksme.com or by phone (+34) 914 450 876.

2.‐ Object.

The App provides a series of services related to measuring the activity of users who have purchased the Geeksme GME1 activity wristband and who register with the Application, after downloading it.

The technology developed by Geeksme consists of the following elements:

  • The Geeksme GME1 activity band (hereinafter the “Activity Bracelet”), equipped with different sensors that analyse the quality of the wearer’s sleep and physical activity while wearing it. Specifically, the Activity Band is equipped with an accelerometer to detect the movements made.
  • The Geeksme Mobile Application, which can be downloaded free of charge, upon user registration as set out in section 3.1, and which is synchronized with the Activity Wristband to view user activity statistics and receive tips.

The registration in the App by the user will allow him/her to use the following activity modes:

  • g!sleep

In this mode, while the wearer is wearing the Activity Bracelet, the different sleep phases are recorded: awake, light, deep and REM
phase.

  • g!fitness

It allows the user to know his daily physical activity with the details of the steps walked, the distance covered, the calories
consumed, the fat burned and the exercise time.

  • g!love

It allows the user to know, on a voluntary basis (as it requires manual activation by the user), their caloric intake, intensity, duration,
fat burned and heart rate of the recorded sexual activity. In this mode, the user will be able to get medals that, in a symbolic and fun
way, will motivate him to activate it.

  • g!ecological

It allows the user to know, from a previous questionnaire on their lifestyle, their ecological footprint, which will increase or decrease
according to the daily activity recorded by the Activity Bracelet.

The results and medals obtained by the users in the previous modes can be voluntarily shared by them on their social networks
(Facebook, Twitter, Instagram…) through the functionality created in the Application itself or sent through access links to other
applications beyond the control of GEEKSME.

Through the website https://www.geeksme.com, visitors and users are provided with:

  • corporate information.
  • información sobre colaboraciones con terceros.
  • information about the technology developed by Geeksme: Activity Band and Application.
  • the possibility of accessing the GEEKSME Blog (hereinafter the “Blog”).
  • the possibility of accessing the GEEKSME Online Shop (hereinafter the “Online Shop”).

Access to the Website is free of charge and does not require prior registration. Notwithstanding the foregoing, and on a voluntary basis, the user may opt to complete the contact form, subject to acceptance of the applicable privacy policy. In the event that not all the data requested are provided through this form or if the data protection policy applicable to the processing of such data is not accepted, GEEKSME will not be able to offer the user a response to his/her request or query.

The website will also contain a user help section where you can consult the answers to frequently asked questions (FAQ), consult the technical specifications and the mobile devices available with the Application and download the App User Manual and the Activity Band.

3.‐ Conditions of Access and Use

By accessing and using the Website and the Application it will be understood that the user expressly accepts the content of each
and every one of these Conditions in the version published at the time of access.

It is also understood that the user also accepts the following conditions:

  • Cookie Policy.
  • Privacy or Data Protection Policy.

Please read the Terms of Use and if you do not agree with them, please refrain from accessing or using the Geeksme system.

The use of the Online Shop or the user’s registration in the same, will also require the express acceptance of the applicable Conditions of Contract.

Likewise, participation in any of the promotional actions contained in this website and the Application shall imply acceptance by the user of these general terms and conditions, as well as any other particular conditions that may exist and are so determined.

The user acknowledges and accepts that certain actions may be carried out by third parties (GEEKSME collaborators) and, therefore, if they participate in these actions, they must read and, if applicable, accept the conditions that apply to them and that will have been determined by the specific responsible party.

Access to the Website and the Application and registration in the App itself is done under the user’s own and exclusive responsibility, who will be liable in any case for any damages that such access may cause.

GEEKSME reserves the right to modify the content of these Conditions at any time in order to adapt to operational, technical or legislative changes.

The user undertakes to use the Website and the Application, the contents and services offered in compliance with the law, these Conditions, good faith, good customs and public order.

In the same way, the user undertakes not to use the Website, the Application or the services provided through them, for purposes or effects that are illicit or harmful to the interests or rights of third parties, or that in any way may damage, render useless or deteriorate the Website and the Application or its services or prevent normal enjoyment of these or by other users.

The user also undertakes to refrain from using the Website, the Application or the information obtained through them to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to market or disclose such information in any way.

GEEKSME may take appropriate legal action against users who violate these Terms.

Products and promotional actions contained on the Web or in the Application will be available only in the countries specifically
determined.

 

3.1. Download, Signup into the Application and Synchronisation of Geeksme Technology.

a)The download of the App is free of charge, however, it will be conditioned by the completion of the user registration form as provided in these conditions.

The Application is available for devices with iOS 7 or higher operating system and Android 4.3 or higher and Bluetooth 4.0 connection.

The download of the application must be carried out through the corresponding application store (App Store, Google Play or any others that may be indicated), so the user is obliged to respect the terms and conditions established by these application stores in relation to the registration and use of the same, as well as in relation to the conditions of privacy and intellectual property. Users are advised to read these terms and conditions carefully. GEEKSME will not be responsible for the content or correct functioning of these websites.

 
Downloading the Application will require the user to have a telecommunications or data service provider that provides access to an Internet network that enables the download.

b) The registration in the App will require the delivery of a series of personal data that will configure the user profile of each individual.

Thus, once the App has been downloaded and installed in the user’s own terminal, the user will be able to fill in the registration form that will ask for the following compulsory data: e-mail address, password and name or nickname that the Application will use to contact you.
 
The use of the password is personal and non-transferable, and it may not be transferred, even temporarily, to third parties. The user undertakes to use it diligently and to keep it secret, and must modify it as soon as he or she knows or suspects that it has been misused and therefore assumes any responsibility for the consequences that may arise from the communication of the password to third parties. The password is encrypted in the Geeksme system and is kept secure in our repository.

 

The user also undertakes not to use false identities, nor to impersonate others in the use of the App or in the use of any of its services, including the use of passwords or access codes of third parties or in any other way.

Once the form has been completed and the user has accepted these Terms of Use and the applicable Privacy Policy, he or she must click on the virtual “Next” button to complete his or her registration.

c) Once registered, the user must proceed to synchronise the Application with the Activity Band.

This will require the user to:
1.  Activate Bluetooth on your phone to allow the Application to connect to the Activity Band.
 
2. Activate your Activity Bracelet by connecting it to the Activity Band charger until the corresponding synchronization icon appears on the Activity Band screen.
 
3. The Activity Band display will show a four-digit PIN code that you will need to enter into the Application for security reasons. From this moment on, the App and its Activity Band will be connected.
 
d) Once the synchronization has been completed, the user must complete his/her user profile and provide the following new personal data: gender, date of birth, country, height, weight, distance of passage and complexion.This data is strictly necessary to calculate the parameters required by the App to provide the corresponding measurements.

In the aforementioned profile, the user will have the additional option to upload a picture and set their daily goals (steps, distance, calories, fat and exercise time). These data may be modified by the user at any time.

Only those over the age of fourteen (14) may be users of the Application. The App registration form is enabled to detect and deny registration to users who enter a birth date less than the minimum necessary to use the Application.

4.‐ Website and Application Content - Intellectual Property.

All the contents of the Web and the App, unless otherwise indicated, are the exclusive property of GEEKSME or third parties who have authorized their inclusion in it.

 

Likewise, all commercial names, trademarks or distinctive signs of any kind contained in the Website and the App are protected by law and may not be reproduced, imitated, used or inserted without the proper authorization of GEEKSME.

 

The user acknowledges that any unauthorised reproduction, distribution, commercialisation or transformation of the aforementioned elements may constitute an infringement of the intellectual and/or industrial property rights of GEEKSME or of the owners.

 

Therefore, the reproduction, transformation, public communication, distribution, making available to the public, and in general, any other form of exploitation, by any procedure, of all or part of the contents of the Web and the App, as well as its design and presentation of the contents, is prohibited without the corresponding authorization of the owner of the rights, unless it is legally permitted or in accordance with the nature of the content itself.

 

The access to the Web and the App does not imply in any case the acquisition by the users of any property rights over the contents that appear in the same.

 

The user will not be able to use the contents offered in the Web and the App for purposes other than those stipulated in the present conditions, and in the particular conditions that regulate the use of certain functionalities of the same.

5.- Limitation of Liability.

5.1. Responsability for the Use of the Website and the Application.

The user is solely responsible for any infringements that may be incurred or damages that may be caused by the use of the Website and the App, and GEEKSME is exempt from any liability that may arise from the user’s actions.

 

The user is solely responsible for any legal, judicial or extrajudicial claim or action brought by third parties against GEEKSME based on the user’s use of the Website and the App.


Where applicable, the user shall bear all costs, expenses and compensation incurred by GEEKSME in connection with such claims or legal actions.

 
GEEKSME shall not assume any responsibility, contractual, non-contractual or otherwise, arising from the malfunction of the mobile device in which the Application is installed, nor from the slowdown that its use may cause for it.

5.2. 5.1. Responsability for the Operation of the Website and the Application.

GEEKSME makes every effort to ensure that the navigation and services provided through the Web and the App are carried out under the best conditions. However, they will be exonerated from any liability that may arise from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system, caused by causes beyond the control of GEEKSME.

In addition, GEEKSME also excludes any liability that may arise from delays or blockages in the operation of this electronic system caused by deficiencies or overloading of telephone lines or the Internet, as well as from damage caused by third parties through unlawful interference beyond the control of GEEKSME.

GEEKSME may, at its discretion, update the Application and modify the firmware of the device in order to improve its utilities and performance.

In any case, the User expressly accepts that the installation of the updates that are occasionally sent may cause the complete and/or temporary interruption of the use of the Application. Likewise, the user accepts that the failure to install or download the updates sent to him by GEEKSME may cause the Application to deteriorate or malfunction, and GEEKSME is exonerated from the consequences of the failure to download or update.

5.3. Liability based on Hyperlinks

The Web, the App and/or the different actions that are developed in it, can incorporate links to other sites or pages, owned by third parties, being these responsible for the contents of them hosted.
 
In addition, the existence of hyperlinks in web pages and third party applications that allow access to this website and App will not imply in any case the existence of commercial or mercantile relations with the owner of the web page and the application of third parties where the hyperlink is established, nor the acceptance by GEEKSME of its contents or services.
 
GEEKSME disclaims any responsibility for information found outside the Web and the App.
 
GEEKSME is exonerated from all responsibility for the correct functioning of such links, the results obtained through such links, the veracity and legality of the content or information that can be accessed, as well as the damages that may suffer by virtue of the information found on the website and the linked application.

5.4. Responsibility for Advertising.

Part of the Web and App may contain advertising or sponsored content. In that case, advertisers and sponsors will be solely responsible for ensuring that the material submitted for publication on the Website and the App complies with the laws that may apply in each case.


GEEKSME shall not be held liable for any errors, inaccuracies or irregularities in the content of advertising or sponsorship. In any case, in order to file any claim related to the advertising contents inserted in this Web and App, you can contact GEEKSME through the e-mail address support@geeksme.com.

5.5. Responsibility for Advice and Recommendations Included in the Application.

GEEKSME informs that all advice and recommendations included in the App are not and are not intended to be health, pharmaceutical and/or dietary advice, and are not backed by a medical team of qualified medical professionals. The Application does not provide or offer medical or health advice.You expressly agree and acknowledge that Geeksme technology is not medical in nature and is not intended to diagnose, treat, cure or prevent any disease.
 
GEEKSME is a particularly sensitive entity in the fight against anorexia, bulimia and similar disorders. Any user who is detected using the Application to encourage, distribute or encourage this type of behaviour will be immediately denied access to the application, and will immediately proceed to notify the competent authority if he or she deems it necessary. If you, as a user, detect such behaviour, please inform GEEKSME by e-mail at support@geeksme.com.

 

5.6. Responsibility for the Blog.

The Web incorporates access to a GEEKSME Blog in which opinion articles will be published on current issues, generally related to the technology sector (branding, e-commerce, social networks…) or topics directly related to any of the four modes available in the Application (g!sleep, g!fitness, g!love or g!ecological), written by its employees and partners (hereinafter, the “Content”).
 
The Contents have clearly identified the date of publication, which indicates when they were last revised/published, a state of affairs that must be taken into account since science is continually advancing, and the knowledge that may be held on any subject at any given time may vary over time.
 
All the information published in the Blog has the purpose of providing added value to its readers, but in no case does it pretend that its texts are considered as absolute truths, but as opinions of qualified experts in the field in question in each case.

Each of the Contents published by GEEKSME through its Blog, may be voluntarily shared by users on their social networks (Twitter, Facebook, Instagram or LinkedIn) through the functionality created in the application itself or commented by filling in the form created for this purpose and located under each content, after acceptance of the applicable Privacy Policy.

The publication of comments is subject-bound to this Legal Notice. If you do not agree with it, please do not use these services.

The person identified in each case as the one who has made the comments will be solely responsible for them, as well as for ensuring that their inclusion in the Blog complies with the laws that may be applicable in each case. The comments made by users do not in any way reflect the views of GEEKSME. GEEKSME will not be responsible for any error, inaccuracy or irregularity that may be contained in the comments contained in the Blog.

The user supplying the commentary grants GEEKSME the rights to reproduce, use, distribute, publicly communicate and perform any type of activity on them, whether in electronic, digital, paper or any other form of support and, in particular, the user grants these rights for the placement of the content on the GEEKSME website so that other users can access them.


The supplying user declares to be the holder of the rights on the texts and contents, guaranteeing that he has the necessary rights and authorizations of the author or owner of the text and/or contents for its use and exploitation by GEEKSME through its Web. In the event that the user does not know whether he or she has the rights to make the transfer to GEEKSME, he or she shall not publish any information or material.

GEEKSME will not be held responsible (except to the extent required by law) for any damages that may be caused by the use, reproduction, distribution or public communication of the texts and/or contents that are protected by intellectual property rights belonging to third parties, without the user having previously obtained the necessary authorisation from their owners to carry out the use that they make or intend to make. In this case, the user accepts that he or she will be solely responsible for any claim by a third party claiming to have rights over the texts and/or contents.

Likewise, GEEKSME reserves the right to unilaterally remove any comments hosted on the Blog or any other section of the Website
when it deems it appropriate.

GEEKSME shall not be responsible for the information sent by the user when it has no effective knowledge that the information stored is unlawful or that it damages the property or rights of a third party that are subject to compensation. As soon as GEEKSME becomes aware of the fact that it hosts data such as those referred to above, it undertakes to act diligently to remove them or make access to them impossible.

In any case, in order to file any claim related to the inserted Contents, you can contact GEEKSME by e-mail at support@geeksme.com.

 

6.- Claims.

The User may submit any complaint regarding the services provided by the Application and/or the Website by sending an e-mail to support@geeksme.com

GEEKSME will make every effort to respond to complaints submitted by Users within two (2) business days.

7.- Interpretation, Legislation Applicable Law and Jurisdiction.

Any dispute arising from the interpretation or execution of these Terms of Use shall be interpreted under Spanish law.

These Terms and Conditions are drawn up in Spanish. In the event of any discrepancy between the content of the Spanish version and any of the versions of these Conditions that may be translated, the Spanish version shall prevail.

Any clause or provision of these Terms of Use that is or becomes illegal, invalid or unenforceable shall be excluded from these Terms of Use and shall be deemed unenforceable to the extent of such illegality, invalidity or unenforceability, and shall be replaced by a provision that most closely resembles the foregoing, but shall not affect or prejudice the remaining provisions, which shall be severable from any illegal, invalid or unenforceable clause or provision and shall otherwise remain in full force and effect.

Likewise, GEEKSME and the user, waiving any other jurisdiction, submit to the courts and tribunals of the user’s domicile for any controversy that may arise.