Legal Notice and Conditions of Use
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:
In this mode, while the wearer is wearing the Activity Bracelet, the different sleep phases are recorded: awake, light, deep and REM
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.
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.
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”).
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:
- Privacy or Data Protection Policy.
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
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.
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.
c) Once registered, the user must proceed to synchronise the Application with the Activity Band.
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.
Where applicable, the user shall bear all costs, expenses and compensation incurred by GEEKSME in connection with such claims or legal actions.
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
5.4. Responsibility for Advertising.
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 email@example.com.
5.5. Responsibility for Advice and Recommendations Included in the Application.
5.6. Responsibility for the Blog.
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 firstname.lastname@example.org.
The User may submit any complaint regarding the services provided by the Application and/or the Website by sending an e-mail to email@example.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.
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.
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.