These Terms and Conditions govern the download, access, and use of the mDurance mobile application (hereinafter referred to as the “APPLICATION”), which MDURANCE SOLUTIONS SL makes available to users. The user acquires this status by downloading and using the APPLICATION.
This version of the APPLICATION is available on Google Play, and the user acknowledges and agrees to comply with all terms and conditions applicable to the acquisition, download, and update of the APPLICATION as determined by Google Play.
Accessing the APPLICATION implies that the user acknowledges having accepted and consented unreservedly to these terms of use.
1. OBJECT
The APPLICATION aims to provide health assessment and muscle performance services aimed at health professionals.
Some of the groups that can benefit from this project include physiotherapists, rehabilitation specialists, and those related to muscle health and training.
Professionals specializing in these fields, as well as a group of users who participated in the testing phase, were involved in the design and development of this APPLICATION.
The APPLICATION is available to users for business and/or personal use.
It operates on a mobile phone with an Android operating system 5.0 or higher and requires a camera and Bluetooth connection.
2. FUNCTIONALITIES
This application is only available for registered users. The permissions requested by the application (directly or through third-party libraries) for access to data and resources are as follows:
– Camera and microphone: Video recording – Storage: Local storage of data and videos – Bluetooth: Connection with EMG sensors – Internet connection: Access to cloud data and services
These permissions are necessary for the proper use of the application. The application will only process data while it is running at the user’s request in the foreground.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The intellectual and industrial property rights over the APPLICATION are owned by MDURANCE SOLUTIONS SL, which holds exclusive rights to exploit them in any form, particularly the rights to reproduce, distribute, publicly communicate, and transform.
Third parties who hold intellectual and industrial property rights over photographs, logos, and any other symbols or content included in the APPLICATION have granted the corresponding permissions for their reproduction, distribution, and public availability.
The user acknowledges that reproduction, modification, distribution, marketing, decompilation, disassembly, use of reverse engineering techniques, or any other means to obtain the source code, transformation, or publication of any unauthorized benchmark test results of any integrated elements and utilities within the development constitutes an infringement of MDURANCE SOLUTIONS SL’s intellectual property rights, and consequently agrees not to undertake any of the aforementioned actions.
4. PRIVACY POLICY
Who is responsible for processing your personal data?
MDURANCE SOLUTIONS SL is responsible for processing the user’s personal data and informs you that this data will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD), providing you with the following information regarding processing: Why do we process your personal data?
We process your personal data for the purpose described in section “1. OBJECT” of these terms and conditions, that is, health assessment and muscle performance services aimed at health professionals. This includes, among other things, basic user data, name, age, and health information.
On what grounds can we process your personal data?
The processing of your data is legitimized based on:
• Your consent granted for one or more specific purposes (Article 6.1.a GDPR) by filling out any of the forms and/or contact methods we provide in this APPLICATION and marking the appropriate box. • Our legitimate interest in responding to your requests or inquiries made through any of the forms and/or contact methods we provide in the APPLICATION (Article 6.1.f GDPR).
How long will we keep your personal data?
We will retain your personal data for no longer than necessary to maintain the purpose of processing, that is, for as long as the contractual relationship for the use of the APPLICATION lasts (including the obligation to retain them for applicable statutory limitation periods), and when they are no longer needed for that purpose, they will be deleted using appropriate security measures to ensure anonymization or total destruction.
To whom do we disclose your personal data?
Your personal data will be communicated to:
• Public Administrations and other private entities to comply with the legal obligations to which MDURANCE SOLUTIONS SL is subject due to its activities.
• Providers who need access to the user’s personal data to provide the services that MDURANCE SOLUTIONS SL has contracted with them, or who, due to the operation of electronic services (application, website, and emails), may have access to certain personal data. MDURANCE SOLUTIONS SL has signed confidentiality and data processing contracts with all of them necessary and required by regulations to protect your privacy (Article 28.3 GDPR).
User session registration and control are conducted through the mDurance application.
The APPLICATION will use Google Analytics as a tool to understand its usage and interaction trends. MDURANCE SOLUTIONS SL may use the personal information you provide in a dissociated manner (without personal identification) for internal purposes, such as statistics. The APPLICATION may collect, store, or accumulate certain non-personal information related to its usage. Google Analytics is governed by Google’s general terms available at http://www.google.com/analytics/terms/en.html and Google’s privacy policies available at https://www.google.com/intl/en/policies/privacy/.
What rights do you have as a user?
• Right to withdraw consent at any time. • Right of access, rectification, portability, and deletion of your data, and to limit or oppose its processing. • Right to file a complaint with the supervisory authority (www.aepd.es) if you believe that the processing does not comply with current regulations.
Contact details to exercise your rights:
MDURANCE SOLUTIONS SL. C/ Periodista Rafael Gago Palomo, num 7, local 2B, – 18014 GRANADA (Granada). Email: protecciondatos@mdurance.es
5. MANDATORY OR OPTIONAL NATURE OF THE INFORMATION PROVIDED BY THE USER
Users, by marking the corresponding boxes and entering data in the fields marked with an asterisk (*) in the APPLICATION forms, expressly and freely accept that their personal data are necessary to fulfill their request from the provider, while providing data in the remaining fields is optional. The user guarantees that the personal data provided to MDURANCE SOLUTIONS SL are truthful and undertakes to communicate any modifications to them.
MDURANCE SOLUTIONS SL informs that all data requested through the APPLICATION are mandatory, as they are necessary for providing an optimal service to the User. If all data is not provided, it cannot be guaranteed that the information and services provided will fully meet their needs.
6. SECURITY MEASURES
In accordance with the provisions of current regulations on personal data protection, the RESPONSIBLE party is complying with all provisions of the GDPR and LOPDGDD for the processing of personal data under its responsibility, and explicitly with the principles described in Article 5 of the GDPR, under which data are processed lawfully, fairly, and transparently concerning the data subject, and are adequate, relevant, and limited to what is necessary for the purposes for which they are processed.
MDURANCE SOLUTIONS SL guarantees that it has implemented appropriate technical and organizational policies to apply the security measures established by the GDPR and the LOPDGDD to protect the rights and freedoms of users and has communicated the appropriate information for them to exercise these rights. All information transfers that the APPLICATION conducts with cloud servers, whether owned or third-party, are done in a secure and encrypted manner through a secure Hypertext Transfer Protocol (HTTPS), which also ensures that the information cannot be intercepted.
For more information about the guarantees of your privacy, you can contact MDURANCE SOLUTIONS SL at protecciondatos@mdurance.es.
MDURANCE SOLUTIONS SL reserves the right to make modifications and updates to the APPLICATION at any time and without prior notice. It also reserves the right to modify these Terms and Conditions to adapt them to possible legislative changes and changes in the APPLICATION itself, as well as those that may arise from existing codes of practice on the matter or for strategic or corporate reasons.
7. DISCLAIMER OF LIABILITY
MDURANCE SOLUTIONS SL reserves the right to edit, update, modify, suspend, delete, or terminate the services offered by the APPLICATION, including all or part of its content, without prior notice, as well as to modify the form or type of access to it.
Possible causes for modification may occur for reasons such as adaptation to possible legislative changes and changes in the APPLICATION itself, as well as those that may arise from existing codes of practice on the matter or for strategic or corporate reasons.
MDURANCE SOLUTIONS SL will not be responsible for the use of the APPLICATION by a minor, as the download and use of the APPLICATION are solely the responsibility of the user.
The APPLICATION is provided “as is” and without any warranties. MDURANCE SOLUTIONS SL is not responsible for the final quality of the APPLICATION, nor that it meets all its intended objectives. Notwithstanding the foregoing, MDURANCE SOLUTIONS SL commits to contribute to improving the quality of the APPLICATION to the extent possible but cannot guarantee the accuracy or currency of its content.
The responsibility for using the APPLICATION rests solely with the user. Except as provided in these Terms and Conditions, MDURANCE SOLUTIONS SL is not liable for any loss or damage arising from the download or use of the APPLICATION, such as those resulting from failures, malfunctions, or blockages in the functioning of the APPLICATION (for example, and without limitation: errors in communication lines, defects in the APPLICATION’s hardware or software, or failures in the Internet network). Likewise, MDURANCE SOLUTIONS SL will not be responsible for damages resulting from improper or inadequate use of the APPLICATION by users.
mDurance is a tool for muscle assessment, accelerating the adaptation process, and preventing injuries. mDurance is not a medical diagnostic tool and therefore is not responsible for any damages caused by our clients’