Terms and conditions

Please read these Terms of Service (the “Terms”) fully and carefully before using www.elsa.care (the “Site”) and the services, features, content or applications offered by elsa.care (together with the Site, the “Services”). These Terms set forth the legally binding terms and conditions for your use of the Site and the Services provided by Elsa Care Technologies S.L., ( “elsa,” “we,” “us” and “our”). These Terms include the provisions in this document, as well as those in the Privacy Policy.BY USING OR OTHERWISE ACCESSING THE SERVICES, REGARDLESS OF WHETHER YOU REGISTER OR CREATE AN ACCOUNT THROUGH THE SERVICES , YOU AGREE TO THESE TERMS, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY. AS FURTHER DESCRIBED BELOW, YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US WITH RESPECT TO THE SERVICES IN SPAIN AND THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES.

Will these Terms ever change?

We reserve the right to change the Terms at any time, but if we make any material changes, we will bring it to your attention by placing a notice on the Services, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them, but you may no longer be able to use some or all of the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What are the basics of using the Services?

You may be required to sign up for an account and login using a username and password (“Company User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You represent that you have properly identified yourself by entering your own name and personal identifiers when registering for the Services and not those of any other person. You may not transfer your account to anyone else without our prior written permission. You’re responsible for any activity associated with your account, and for keeping your account password secure. You represent and warrant that you are an individual of legal age to form a binding contract. You will only use the Services for your own internal, personal, non-commercial use, and the personal, non-commercial use of your family members or dependents to which elsa.care may provide insurance coverage under your policy, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:Infringes or violates the intellectual property rights or any other rights of anyone else (including elsa.care);Violates any law or regulation, including any applicable export control laws;Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;Jeopardizes the security of your elsa.care account or anyone else’s (such as allowing someone else to log in to the Services as you);Attempts, in any manner, to obtain the password, account, or other security information from any other user;Violates the security of any computer network, or cracks any passwords or security encryption codes;Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);Copies or stores any significant portion of the Content;Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.A violation of any of the foregoing is grounds for termination of your right to use or access the services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including elsa.care) rights. Legal notices including, but not limited to, your contract/certificate of coverage and schedule of benefits may be downloaded from the Services, but they may not be changed or deleted as such would constitute fraud.You understand that elsa.care owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

What about medical information made available on the Services?

You understand and agree that the health information and other content appearing on the Services or developed with your input or the input of our business associates as a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of, or provides services to, elsa.care) is for informational purposes only.YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. The information provided is not a substitute for professional healthcare and is not meant to replace the advice of a healthcare professional. It is not intended to advocate the use of one treatment or drug over another – only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. You should see your healthcare provider for any medical condition. The Services are not meant to diagnose or treat. Consult your physician before taking any drug, changing your diet, starting or stopping any course of treatment or starting a new fitness regimen. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911. NOTHING STATED OR POSTED ON THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

Do I have to grant any licenses to elsa.care or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” You grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent it relates to User Submissions that are also your personally-identifiable information. You hereby grant elsa.care a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to translate, modify and reproduce and otherwise act with respect to such User Submissions in order to operate the Services. This is a license only – your ownership in User Submissions is not affected.

Who is responsible for what I see and do on the Site?

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. You are responsible for all your activity in connection with the Services.The Services may contain links or connections to third party websites or services that are not owned or controlled by elsa.care. When you access third party websites or use third party services, you accept that there are risks in doing so, and that elsa.care is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. elsa.care has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, elsa.care will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

What if I want to stop using the Services?

You’re free to stop using the Services at any time, by contacting us at hello@elsa.care please refer to our Privacy Policy as well as the licenses above, to understand how we treat information you provide to us. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. elsa.care is also free to terminate (or suspend access to) your use of the Services, for any reason in our discretion, including your breach of these Terms. elsa.care has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What is our mobile text message policy?

Consistent with our Privacy Policy some of our Services may allow you to receive SMS/MMS notifications (text messages) from us. To the extent your SMS/MMS notification settings permit us to send text messages to your mobile phone, and you opt in to receiving these text messages.

What else do I need to know?

PaymentsCertain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Site for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider or debit account (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, DEBIT CARD NUMBER, OR DEBIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT YOUR ACCOUNT. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES.Warranty DisclaimerNeither elsa.care nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.THE SERVICES AND CONTENT ARE PROVIDED BY ELSA.CARE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. Choice of Law; ArbitrationThese Terms are governed by and will be construed under the laws of Madrid,  Spain, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Madrid, Spain in Spanish. You and elsa.care agree to submit to the exclusive jurisdiction of the courts of Spain for the resolution of any dispute in relation to these Terms of Service or the relationship between them. MiscellaneousYou will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that elsa.care may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and elsa.care agree that these Terms are the complete and exclusive statement of the mutual understanding between you and elsa.care with respect to the Services, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. elsa.care’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. The course of conduct between you and elsa.care shall not act to modify any provision of these Terms. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without elsa.care’s prior written consent.