Terms and conditions of use of the Vitaance application by Carebit Digital S.L.
2. PLATFORM ACCESS
3. SCOPE OF SERVICES
Vitaance offers a variety of services that can be activated by the client Organization in accordance with its internal policies and preferences:
- Well-being Application: Well-being tools, including challenges, an emotional journal, and access to educational content, designed to actively support users’ physical and emotional health.
- Virtual Allowance: A monetary benefit provided by the Organization for personal well-being expenses or other categories, as defined by the Organization, and managed through the Vitaance platform. Supporting documentation is required for reimbursement. Availability depends on the activation of the service by the Organization.
- Flexible Compensation: A system that allows users to access tax-exempt services such as meals, transportation, childcare, insurance, and training, in compliance with the legal framework in Spain, provided these services have been enabled by the client Organization and configured on the Vitaance platform.
- Insurance Products: Access to insurance products, available depending on the activation of the service by the client Organization.
4. USE OF THE WELL-BEING APPLICATION
5. USE OF THE WELL-BEING ALLOWANCE
Allowance Utilization
To use the Virtual Allowance, the user must upload receipts or invoices corresponding to the expenses incurred to the Vitaance application. These documents must include the total amount, a description of the product or service purchased, the provider’s details, and the purchase date.
Personal Nature of the Allowance
The Virtual Allowance is personal and non-transferable. It is intended exclusively for covering the user’s expenses, strictly within the categories allowed under the consumption policy defined by the Organization.
Reimbursement Process
Reimbursements will be processed monthly or on a date specified by the Organization, subject to the validation of expenses by Vitaance. Reimbursements will be made up to the limit of the available allowance and will be deposited into the user-specified bank account, adhering to the Organization’s approved consumption policies.
Eligibility of Expenses
Expenses eligible for reimbursement will be defined by the Organization’s approved consumption policy. Only expenses that meet these criteria will be validated.
Allowance Validity
The Virtual Allowance will be available from the moment it is allocated until the expiration date set by the Organization. It remains valid as long as the user is associated with the Organization.
Allowance Load and Expiration
The Virtual Allowance will be credited according to the Organization’s policy. Upon reaching the expiration date, any unused allowance will be managed in accordance with the Organization’s policies.
User Responsibilities
The user is responsible for:
- Ensuring the accuracy and authenticity of the submitted receipts or invoices.
- Adhering to the consumption policies defined by the Organization.
- Using the Virtual Allowance solely for permitted purposes.
- Keeping banking information required for reimbursements up to date.
- Managing the allowance appropriately before its expiration, as any unused allowance will be handled by the Organization.
The user is responsible for providing and maintaining their updated IBAN to receive reimbursements. In case of any changes, the user must update their banking details directly in the Vitaance application.
Allowance Ownership
The Virtual Allowance is provided by the Organization and managed by Vitaance. The user has the right to use the allowance but does not own it. Unused allowances are neither refundable in cash nor transferable to another beneficiary.
Termination of Contractual Relationship or Access Period
Upon the termination of the user’s association with the Organization or the conclusion of the defined access period, the user will lose access to the Virtual Allowance. Any unused allowance will be returned to the Organization or donated to an NGO selected by Vitaance, in accordance with the Organization’s policies.
6. USE OF FLEXIBLE COMPENSATION SERVICES
If the flexible compensation feature is activated by the Organization, the user will gain access to this functionality.The flexible compensation system allows users to access services for meals, transportation, childcare, health insurance, and training, exempt from personal income tax (IRPF), provided they comply with the limits and conditions established by the applicable tax regulations in Spain. These services are available only if enabled by the client Organization through the Vitaance platform.
Categories and Conditions
- Meals
- Daily limit: €11
- Monthly limit: €220
- Conditions: Applicable only for expenses in dining establishments.
- Transportation
- Monthly limit: €136.36
- Annual limit: €1,500
- Conditions: Exclusive to public collective transport.
- Childcare
- No limits on tax exemption, except in the Basque Country (annual limit of €1,000).
- Conditions: Applicable only to duly authorized educational centers.
- Health Insurance
- Annual limit per insured person: €500
- Extended limit (disability): €1,500
- Exception: In the Basque Country, this concept is not tax-exempt.
- Conditions: Covers insurance for the employee, their spouse, and dependents.
- Training
- No limits on tax exemption.
- Conditions: Applies only to programs relevant to professional or personal development.
Personal Nature of the Services
Flexible compensation benefits are personal and non-transferable. They are exclusively for covering the user’s expenses within the categories enabled by the client Organization and always within the limits established by applicable regulations.
Available Modalities
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Card Modality
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- Users receive a corporate, nominative card for making eligible expenses.
- Transactions made with the card are automatically recorded on the Vitaance platform and do not require uploading supporting documentation.
- Activation:
- The card must be activated by the user following the instructions provided through the Vitaance application.
- Users will set a personal four-digit PIN, which is required to authorize transactions.
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- Use:
- The card is personal and non-transferable, and only the authorized cardholder may use it.
- Transactions may only be made in establishments that accept Mastercard and meet the established criteria.
- The card cannot be used for cash withdrawals, debt payments, or subscription payments via direct debit.
- Use:
- Reimbursement Modality
- Users may request reimbursement for expenses by submitting supporting documentation through the platform. These documents must include the total amount, a description of the product or service purchased, the provider’s details, and the purchase date.
- Reimbursement Process:
- Reimbursements will be processed according to the frequency defined by the Organization.
- They are subject to the validation of expenses by Vitaance.
- Reimbursement will be made up to the available limit and deposited into the bank account specified by the user.
User Responsibilities
- Ensure proper use of the services within the limits established by applicable tax regulations in Spain.
- For Card Modality
- Keep the PIN confidential and avoid sharing it with third parties.
- Report any loss, theft, or unauthorized use of the card immediately through the Vitaance application or support channels.
- For Reimbursement Modality
- Ensure the accuracy and authenticity of submitted receipts or invoices.
- Update any changes to banking or contact information in the Vitaance application.
Termination of the Contractual Relationship or Access Period
Upon termination of the user’s association with the Organization or the end of the defined access period, the user will lose access to Vitaance card. Any unused balance or benefit will be managed according to the Organization’s policies.
7. GENERAL USER RESPONSIBILITIES
The user agrees to use Vitaance responsibly and appropriately, respecting intellectual and industrial property rights. The user must maintain the confidentiality of their password and access credentials and will be responsible for any unauthorized access resulting from their improper use.
The user is responsible for properly managing their Virtual Allowance by uploading the necessary documentation for expense reimbursements. The information provided must be truthful and accurate.
In the event of non-compliance with these Terms and Conditions, the user will be held liable for any damages caused to Vitaance or third parties. The application must be used lawfully, avoiding illicit or harmful activities that could compromise its functionality.
The user must keep their personal information, including their IBAN for reimbursements, up to date and avoid any tampering with the application’s protective measures.
8. INTELLECTUAL PROPERTY
All material present in the Vitaance application, including but not limited to texts, graphics, images, sounds, multimedia files, trademarks, logos, color schemes, the configuration and layout of the content, as well as the software necessary for its operation, access, and use, is protected by copyright and intellectual property rights, belonging to Vitaance or, where applicable, its license providers. Copying, modifying, distributing, transmitting, displaying, performing, publishing, licensing, creating derivative works, selling, or using any content from this application without prior written consent from Vitaance is strictly prohibited.
The use of this application does not grant the user any rights to the content accessible through it. It is prohibited to decompile, disassemble, perform reverse engineering, sublicense, transmit in any form, translate, or create derivative works of the software without prior authorization from Vitaance. Users must not delete, modify, bypass, or tamper with any protective measures or security systems implemented in the application.
9. UPDATES AND CHANGES
Vitaance reserves the right to modify these terms and conditions and commits to notifying users and/or the Organization with a notice period of no less than two months. This notification will be made by publishing an updated version of the terms on the Vitaance application and its official website.
If any clause of this agreement does not comply with current legal or regulatory requirements, that clause will be omitted. The agreement will then be interpreted as if it included the necessary modifications to ensure full compliance with such legal or regulatory requirements. Should operational changes be necessary to comply with new legal or regulatory provisions, Vitaance will implement these adjustments as promptly as possible.
Vitaance undertakes to provide users with sufficient advance notice of any substantial changes to the services provided under this agreement. It is the user’s responsibility to periodically review the Vitaance application and website for updates to these terms and conditions.
If a user disagrees with the changes introduced to this agreement, they may request the cancellation of their account and the termination of associated benefits through the Organization within one month of receiving notification of such changes. If the user does not express disagreement within this timeframe, it will be assumed that they have accepted the changes, which will then be fully applicable and effective.
10. CANCELLATION OR SUSPENSION OF SERVICE
If at any time you no longer meet the necessary criteria to use the Vitaance application and its associated functionalities, your access will be suspended immediately. Vitaance reserves the right to terminate this agreement or suspend your access to the application and its benefits with immediate effect if there has been a violation of the terms of the agreement or if the application has been used, or attempted to be used, negligently, fraudulently, or illegally.
If you wish to cancel your access and the benefits associated with the Vitaance application before the expected expiration of these services, you may do so provided Vitaance determines that you have not engaged in fraudulent activities and that such cancellation does not violate any law, regulation, court order, guideline, or recommendation from competent authorities or regulatory organizations.
To initiate the cancellation of your access to the application, you must contact the Organization. Upon cancellation, you will no longer be able to access any available benefits or functionalities that may have been of interest to you.In the aforementioned cases of cancellation, or if you become ineligible to use the application and its benefits, any rights to available benefits or functionalities will be retained by Vitaance and will not be transferred to the user.
11. DATA PROTECTION
By accepting these terms and conditions, you authorize Vitaance to process your personal data necessary for the provision of the described services. This processing includes the creation and management of your user profile, responding to inquiries, and providing information about the offered services. The legal basis for this processing is the execution of these terms and your consent where required.
Additionally, to ensure the proper installation and use of the Vitaance application, we will collect data from your device and request permissions to access certain information, such as your location and data from other installed applications. You can manage these permissions at your convenience. When you register and use our application, we will use the provided data to configure your user profile. We will also collect data about your activity and interaction with the application, as well as any device data you authorize us to access. Depending on the permissions you grant, we may collect data on your location, physiological data related to physical activity, and data about habits and quality of life that could be considered sensitive.
Your personal data will not be used for direct marketing purposes without your explicit consent and will not be shared with third parties, except as required by law or when necessary for the technical and operational support of Vitaance’s services.
Personal data will be retained as long as your relationship with Vitaance services persists and, subsequently, for the period required to manage any potential liabilities related to this relationship. If there is no contractual basis, your data will be retained until you request its deletion.
In accordance with applicable regulations, you have the right to access, rectify, and delete your data, as well as to restrict or object to its processing, request data portability, and withdraw your consent at any time. To exercise these rights, you may contact Vitaance at privacidad@vitaance.com, attaching proof of identity. Additionally, you have the right to file a complaint with the Spanish Data Protection Agency if you believe that the processing of your personal data does not comply with current regulations.
For more information on how we process your personal data, we invite you to consult Vitaance’s Privacy Policy available at www.vitaance.com/politica-de-privacidad-vitaance.
12. LIMITATION OF LIABILITY OF VITAANCE
Vitaance reserves the right to suspend access to its application and the provision of services without prior notice for reasons such as maintenance, security, or technical issues. It will not be held liable for interruptions or failures resulting from causes beyond its control, user actions, or force majeure events.
Efforts are made to ensure the accuracy and currency of the information provided in the application, but Vitaance does not guarantee the absence of errors or accept liability for damages arising from its use. Additionally, any links to third-party websites included in the application are provided solely for user convenience and do not imply validation of their content by Vitaance.
Vitaance disclaims any responsibility for damages that may result from using the application, including those caused by viruses or malware. Likewise, it assumes no liability for the improper use of the application.
With regard to liability under these terms and conditions, Vitaance will not be responsible for:
- Failures caused by circumstances beyond its control, such as breakdowns in data processing systems.
- Indirect damages, including loss of profit or business.
- Any implied conditions or warranties under the law, to the extent permitted by applicable legislation.
- Failures in the use of the flexible compensation system.
The above limitations extend to our affiliates, suppliers, and agents, without limiting our liability in cases of gross negligence or fraud.
For any issues regarding services or benefits obtained through the Vitaance application, users are encouraged to contact contacto@vitaance.com. Vitaance is not responsible for the quality, safety, legality, or other aspects of the services or benefits accessed through the application.
13. APPLICABLE LAW AND JURISDICTION
These Terms will be governed by and interpreted in accordance with Spanish law, and any disputes will be submitted to the jurisdiction of the courts of Spain.
