These Terms and Conditions govern the download, access, and use of the mobile application AI-VIVA (hereinafter, the «APPLICATION»), which is made available to users by LABORATORIOS TECHNOLOGY SYSTEMS, S.L. (hereinafter, the «Provider»). The user acquires this condition upon downloading and using the application.

This version of the APPLICATION is available free of charge on Google Play and the Apple Store. The user acknowledges and agrees to comply with all applicable terms and conditions regarding the acquisition, download, and updating of the APPLICATION as determined by these respective stores.

Access to the APPLICATION implies that the user acknowledges having read, accepted, and consented to these terms of use without reservation, that the user is over 18 years old, has the necessary legal capacity to enter into a contract and use the application, and agrees to comply with all obligations set forth herein.

The user agrees to use the application in accordance with the law, morals, and generally accepted good practices. It is prohibited to use the application for illegal purposes or in ways that may harm the rights of third parties.

The Provider reserves the right to suspend or cancel access to the application for users who violate these terms.

PURPOSE

The APPLICATION is designed to provide an Artificial Intelligence-based chatbot that offers conversational functionalities.

Professionals specializing in the design and development of this APPLICATION have participated in its creation.

The APPLICATION is made available to users for personal use only.

It operates on mobile phones with Android or iOS operating systems.

FUNCTIONALITIES

The application requires access to certain device functions to ensure its proper operation. Depending on the operating system version, it may request permissions to access storage, camera, and microphone. Additionally, the app includes a background notification service to keep the user informed. All other functionalities are only active while the application is in use.

The user can access the device settings to manage and modify permission grants or revocations according to their preferences.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The intellectual and industrial property rights over the APPLICATION belong to LABORATORIOS TECHNOLOGY SYSTEMS, S.L., which exclusively exercises the exploitation rights of the same in any form, especially the rights of reproduction, distribution, public communication, and transformation. Third-party holders of intellectual and industrial property rights over photographs, logos, and any other symbols or content included in the APPLICATION have granted the corresponding authorizations for their reproduction, distribution, and public availability. The user acknowledges that reproducing, modifying, distributing, marketing, decompiling, disassembling, reverse-engineering or using any other means to obtain the source code, transforming, or publishing any results of unauthorized benchmark tests of any of the integrated elements and utilities within the application constitutes an infringement of LABORATORIOS TECHNOLOGY SYSTEMS, S.L.’s intellectual property rights, and therefore agrees not to perform any of these actions.

PRIVACY POLICY

Who is responsible for processing your personal data?

LABORATORIOS TECHNOLOGY SYSTEMS, S.L., with Tax ID: B19760123, is the data controller of the user’s personal data and informs you that such data will be processed in accordance with Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), and provides the following information:

Why do we process your personal data?

We process your personal data (your email address) for the purposes described in the «Purpose» section above.

Information about user activity and interaction with the app is stored solely and entirely on the user’s device; the Provider does not store any information regarding such activity.

What is the legal basis for processing your data?

The processing of your data is based on:

• The necessity of the contractual relationship, which is established through your acceptance of these Terms and Conditions (Art. 6.1.b GDPR).

• Your consent for one or more specific purposes (Art. 6.1.a GDPR) when filling in any forms or using contact methods provided in this APPLICATION and checking the relevant consent box.

• Our legitimate interest in responding to your requests made through any of the forms or contact methods provided in the APPLICATION (Art. 6.1.f GDPR).

How long will we keep your personal data?

Your data will be retained no longer than necessary to fulfill the purpose of processing, i.e., for the duration of the contractual relationship related to the use of the APPLICATION (including mandatory retention during statutory limitation periods). Once no longer necessary, data will be securely deleted or anonymized.

Who will your data be shared with?

Your data may be disclosed to:

• Public Administrations and other private entities to comply with legal obligations applicable to the Provider.

• Service providers who need access to user data to provide services contracted by the Provider or, by the nature of digital services (app, website, emails), may access certain personal data.

All such entities have signed the necessary confidentiality and data processing agreements as required under applicable regulations (Art. 28.3 GDPR).

The APPLICATION uses Google Analytics to track usage and interaction trends. The Provider may use the anonymized data (non-personally identifiable) for internal purposes such as generating statistics.

The APPLICATION may collect, store, or aggregate certain non-personal data related to its usage. Google Analytics is governed by Google’s general terms at http://www.google.com/analytics/terms/us.html and its privacy policies at https://www.google.com/policies/privacy/.

What are your rights as a user?

• The right to withdraw consent at any time.

• The right to access, rectify, port, and delete your data, and to restrict or object to its processing.

• The right to file a complaint with the supervisory authority (www.aepd.es) if you believe the data processing does not comply with the law.

Contact information to exercise your rights:

You can exercise your privacy rights described in this section by emailing us:

LABORATORIOS TECHNOLOGY SYSTEMS, S.L.
NIF: B19760123
Address: Calle Autonomía 31, 5º ext D, 48012 Bilbao (Bizkaia) – Spain
Email: info@labstechs.com

MANDATORY OR OPTIONAL NATURE OF INFORMATION PROVIDED BY THE USER

By checking the relevant boxes and entering data in the fields marked with an asterisk (*) in the APPLICATION forms, users explicitly and freely agree that such personal data is necessary to fulfill their request by the Provider. The inclusion of information in the remaining fields is optional. The user guarantees the accuracy of the personal data provided and is responsible for notifying any changes.

The Provider informs users that all requested data is mandatory, as it is essential to provide an optimal service. If not all data is provided, the Provider cannot guarantee that the information and services fully meet the user’s needs.

SECURITY MEASURES

In accordance with current data protection regulations, the PROVIDER complies with all applicable GDPR and LOPDGDD provisions for processing personal data and adheres to the principles of Article 5 of the GDPR: processing is lawful, fair, and transparent; adequate, relevant, and limited to what is necessary. The Provider guarantees that appropriate technical and organizational policies have been implemented to apply the required security measures and to protect users’ rights and freedoms, while ensuring proper information is provided to allow them to exercise these rights.

All information transfers between the APPLICATION and servers (whether internal or third-party cloud-based) are encrypted and secured using the HTTPS protocol to ensure the data cannot be intercepted. For more information on privacy guarantees, you may contact the Provider at info@labstechs.com.

DISCLAIMER

The Provider reserves the right to edit, update, modify, suspend, delete, or terminate the services offered by the APPLICATION, including any or all of its content, without prior notice, as well as modify the form or type of access to it. These changes may be necessary to comply with new legislation, updates to the APPLICATION, or strategic or corporate decisions.

The Provider is not liable for use of the APPLICATION by minors. Downloading and using the APPLICATION is the sole responsibility of the user. The APPLICATION is provided “as is” without any warranty. The Provider is not responsible for the final quality of the APPLICATION or whether it fully meets all its objectives. However, the Provider will make reasonable efforts to improve the APPLICATION’s quality but cannot guarantee its accuracy or that its content is up-to-date.

The user is solely responsible for using the APPLICATION. Except as stated in these Terms and Conditions, the Provider shall not be liable for any loss or damage arising from the download or use of the APPLICATION, including but not limited to failures, malfunctions, or crashes (e.g., communication errors, hardware or software issues, or Internet failures). Likewise, the Provider is not responsible for damages caused by improper or inappropriate use of the APPLICATION by users.

RIGHT OF WITHDRAWAL

The right of withdrawal allows the consumer to cancel a contract within a given period, notifying the seller without the need to justify the decision or face any penalties.

The user acknowledges and expressly consents, upon accepting these terms, that this case is an exception to the right of withdrawal, since it involves the supply of digital content not provided on a tangible medium, and the user consents to its execution during the withdrawal period.

GOVERNING LAW AND JURISDICTION

The user agrees that Spanish legislation shall apply and that the competent Courts and Tribunals for resolving any disputes regarding the interpretation or application of these terms shall be those of Bilbao (Bizkaia), with express waiver of any other jurisdiction.

I have read and accept the terms of use of the APPLICATION.