Legal Notice

This application has been created by GYM CHESS, S.L. Unipersonal, (hereinafter GYMCHESS) for information purposes. The download, installation, access and/or use of the application implies full and unreserved acceptance of the terms and conditions described herein.

1. OWNERSHIP

  1. OWNERSHIP. The owner of the application, and service provider, is the entity, GYM CHESS, S.L. Unipersonal, with CIF B-16995128 and registered office at 28 Avenida Sancho el Sabio, 20.010 Donostia (España); and email address info@gymchess.com.

2. FORMALIZATION OF THE CONTRACT

This document and any policies applicable to the use of the Platform that are incorporated by reference (collectively, the “Terms and Conditions”) constitute a legally binding contract between the User and GYMCHESS which regulates your access to and use of the Platform and the responsibilities arising from its use, as well as the contracting and provision of the Services that, if any, may be offered through the same (the “Contract”).

The User accepts that GYMCHESS may modify, suspend, or withdraw the tools, applications and functionalities of the Platform, without affecting its main functionalities. Likewise, the User declares that the formalization of the Contract is not conditioned on the delivery of any future tool, functionality or resource.

The completion and activation of the access registration form implies, for its part, the unreserved acceptance of each and every one of the rules of these Terms and Conditions and the acquisition of the consideration of “User” of the Platform. Consequently, the User must carefully read and understand the contents of these Terms and Conditions.

3. ACCESS LOG

To access the Platform, the User must register an account. The Platform is intended for adults (+18). Access to the Platform and/or Services is prohibited to minors.

The User shall provide accurate, current, and complete information during the registration process and shall keep the account information up to date at all times. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose them to any third party. You must inform GYMCHESS immediately if you become aware or have reason to suspect that your credentials have been stolen, lost, misappropriated, or otherwise threatened, or in the event of any unauthorized use or suspected unauthorized use of your account. The User shall be liable for any and all activities conducted through his or her account, unless such activities were not authorized by the User and the User has not acted negligently (as in the case of failure to report unauthorized use or loss of his or her credentials). GYMCHESS does not authorize any third party to request your credentials and the User shall not request the credentials of other third parties.

You may not assign or otherwise transfer your account to any third party.

Access to and use of certain areas or services of the Platform may be subject to separate policies, rules or guidelines, or may require the User to agree to additional terms and conditions. If there is any conflict between these Terms and the terms and conditions applicable to a specific area or features or services of the Platform, the latter terms and conditions will prevail with respect to your access to or use of that area or feature, unless otherwise stated.

4. INTELLECTUAL PROPERTY

GYMCHESS is the exclusive owner and/or has acquired the necessary licenses, permissions and authorizations with respect to all intellectual and/or industrial property rights with respect to the application. All intellectual and industrial property rights over the application and the contents of the application are reserved, being expressly prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the contents included in the application, for public or

commercial purposes, if you do not have the prior, express written permission of GYMCHESS or, where appropriate, the owner of the rights to which they correspond. Likewise, all distinctive signs, trademarks, trade names or signs of any kind contained in this website are protected by law. Consequently, it is not permitted to remove, evade or manipulate the copyright notice and any other data identifying the rights of GYMCHESS or its owners, incorporated into the contents, as well as the technical protection devices, digital fingerprints or any information and/or identification mechanisms that may be contained therein. References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by GYMCHESS or third-party companies, imply a prohibition on their use without the prior, express written consent of GYMCHESS or their legitimate owners. Access, browsing and use of the application shall in no case be understood as a waiver, transmission, license or total or partial transfer of the aforementioned rights by GYMCHESS. Users only have the right to use the application, limited to the download and installation time, for the purposes for which the application is designed.

5. APPLICATION CONTENT AND LINKS.

GYMCHESS is not responsible for the misuse of the contents of this application; the responsibility is the sole responsibility of the person who accesses or uses them. Nor does it assume any responsibility for the information contained in the websites of third parties that can be accessed by links. The presence of these links has an informative purpose and does not constitute in any case an invitation to contract products or services that could be offered in the destination link. In the event that GYMCHESS has effective knowledge that the activity or information to which it refers from these links is illicit, constitutes a crime or may damage property or rights of third parties liable for compensation, it will act with the necessary diligence to remove or disable the corresponding link as soon as possible.

6. RULES OF CONDUCT

At all times, access, navigation and use of the Platform and, where appropriate, the use of ImuvID Services that are offered through the same is done under the sole and exclusive responsibility of the User, so it undertakes to diligently and faithfully observe any additional instructions given by GYMCHESS or by authorized personnel of GYMCHESS, regarding the use of the Platform and its Services.

Therefore, the User undertakes to use the contents, products and Services in a diligent, correct and lawful manner, in accordance with current legislation and, in particular, undertakes to refrain from:

You agree to hold GYMCHESS and any of its affiliates, subsidiaries, officers, directors, employees and agents harmless from and against any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way out of your use of the Platform, the posting or transmission of any message, content, information, software or other materials through the Platform or your violation of law or the terms and conditions contained in these Terms and Conditions.

7. TERM OF THE CONTRACT AND CANCELLATION OF SUBSCRIPTION

This Agreement shall remain in force during the contracted subscription period. The User may unsubscribe at any time and the amounts paid to date will not be refundable under any circumstances.

GYMCHESS reserves the right to deny, withdraw, suspend and/or block access to the Platform and/or any Services to those Users who breach these Terms and Conditions. To the maximum extent permitted by applicable law, GYMCHESS shall not assume any liability to the User for the cancellation of access to the platform for the causes provided in this paragraph.

Once the subscription has been cancelled, the User shall not be entitled to have his/her account   reinstated or to access any information linked to his/her account.

If your access to or use of the Platform has been limited or if your account has been suspended or we have terminated this Agreement, you may not register a new account or access or use the Platform through another user’s account.

GYMCHESS shall have no obligation to retain any account content that is subject to cancellation.

8. EXCLUSIONS OF WARRANTIES AND LIABILITY

The Platform and the Services are provided “as is” without warranty of any kind, either express or implied. Accordingly, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYMCHESS makes

no warranties or representations as to:

To the maximum extent permitted by applicable law, GYMCHESS assumes no liability for any unavailability caused by circumstances beyond its control. Due to the nature of the Internet, GYMCHESS cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. GYMCHESS may restrict the availability of the Platform or certain areas or functions of the Platform if necessary due to capacity limits, the security or integrity of our servers, or to carry out maintenance

measures to ensure the proper or improved operation of the Platform. GYMCHESS may improve, reinforce and modify the Platform, as well as introduce new tools, applications or functionalities from time to time.

To the maximum extent permitted by applicable law, GYMCHESS will not assume any responsibility for any action or conduct of any User, including the content that they may create, store, share or disclose through this, as well as with respect to the operations that they may perform using the tools, applications and functionalities in violation of applicable law or these Terms and Conditions.

The Platform may contain links to third party resources (“Third Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. To the fullest extent permitted by applicable law, GYMCHESS is not responsible for the availability or accuracy of such Third-Party Services, or for the content, products or services available from such Third-Party Services. Links to such Third-Party Services do not constitute an endorsement by GYMCHESS of such Third-Party Services. GYMCHESS is not and shall not become a party to or a participant in any contractual relationship between Users and Third -Party Operators.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL GYMCHESS OR ANY OF OUR SUBSIDIARIES, AFFILIATES OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING DIRECTLY OR INDIRECTLY TO THE USE OF OR INABILITY TO USE THE PLATFORM OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO. THE TOTAL LIABILITY OF GYMCHESS, AFFILIATES, SUBSIDIARIES, BRANCHES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS TO USERS FOR ALL DAMAGES, LOSSES AND ACTIONS, FOR USE OF THE  PLATFORM SHALL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY THE USER TO GYMCHESS FOR THE USE OF THE PLATFORM OR THE PROCUREMENT OF PRODUCTS OR SERVICES THROUGH THE PLATFORM.

10.- UPDATING AND MODIFICATION.

GYMCHESS reserves the right to update, modify or delete the information contained, as well as its configuration or presentation, at any time, when necessary for legal, business and/or technological reasons.

11. SERVICE FEES

GYMCHESS may charge fees, among other things, in consideration for access to the Platform and/or use of the Services offered through the Platform (collectively, the “Service Fees”). Further information on when they apply and how they are calculated can be found on our Service Fees page.

GYMCHESS may store and continue to use your form of payment (such as a credit card) for billing purposes to avoid interruption of the Services.

Subscriptions will be automatically charged to your payment method at the beginning of each subscription period. To avoid future charges, please cancel your subscription before your renewal date.

GYMCHESS reserves the right to change the Service Fees at any time by giving notice of any such fee changes prior to their becoming effective, which shall in no event affect subscriptions in effect at the time notice of the fee change is given.

The User is responsible for paying any Service Fees owed to GYMCHESS. Non-payment will entitle GYMCHESS to terminate this Agreement and/or unilaterally suspend access to the Platform.

Except as otherwise provided in these Terms and Conditions, Service Fees paid are non-refundable.

12. INDICATIONS ON TECHNICAL ASPECTS.

To the maximum extent permitted by applicable law, GYMCHESS assumes no liability that may arise from technical problems or errors in computer services that are not attributable to it, that occur during connection to the Internet or that may be caused by third parties through unlawful interference beyond

its control. GYMCHESS does not guarantee the absence of viruses and other elements that may cause damage to computer systems, electronic documents or user files or third party sites and, therefore, is not responsible for any damages that may occur for these reasons. Nor does it assume any responsibility for possible damages that the user may suffer as a result of errors, defects or omissions in the information provided when it comes from third party sources.

13. APPLICABLE LEGISLATION

The relationship between GYMCHESS and the users of the application is  subject to Spanish law.

14. STANDARD APPLE TERMS OF USE (EULA)

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. 

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.