This English version is provided for convenience only. The original Spanish version shall prevail in the event of any conflict or inconsistency.

Welcome to Victu

1. Acceptance conditions

Registration on the Victu web application and/or mobile application and the provision of Services by “VICTU” depends on the full acceptance of these conditions, so any User who does not agree or does not commit to behave in accordance with them, will not be able to use our Services.

By accepting these Terms and Conditions of Use , Users agree to visit and carefully read these terms regularly.

Each person who is effectively a User of the Services offered by “VICTU” is assumed, upon registration or subsequently, to have read and fully understood the Terms and Conditions of Use and the Privacy Policy, which is inseparable from these terms, expressly accepting both.

2. Definition of terms

“Software” refers to the web and mobile applications developed by “VICTU” , whose distribution and use is subject to these Terms and Conditions of Use .

“Distribution” refers to the means by which the Software is made available by “VICTU” to Users.

“User” should be understood to mean anyone who has, by any means, access to the web and/or mobile version of the Software developed by “VICTU” .

“Intellectual Property Rights” are all rights relating to scientific works, inventions in all domains of human activity, scientific discoveries, designs, industrial models, industrial, commercial and service marks, protection against unfair competition, as well as all other rights inherent in intellectual activity in the industrial and scientific sectors.

3. Use of our Services

Victu mobile and/or web application , the User will have direct access to their training plans, receiving various notifications related to workouts recommended by the Victu application , as well as other information such as potential interaction with other registered Users . In addition to this functionality, the Software allows for the tracking of data such as weight, height, body mass index, and other metrics .

You must not misuse our Services. For example, you must not interfere with the Services or attempt to access them using a method other than the interface and instructions provided by VICTU . We may suspend or terminate our Services if you violate our policies or terms, or if we believe your conduct may be malicious. Furthermore, VICTU reserves the right to discontinue or even close the Services it offers at any time, if necessary, without prior notice.

In connection with your use of the Services, we may send you service notices, administrative messages, and other information.

The use of our Services is not recommended for Users under the age of 13. For Users under this age, supervision by their legal guardian is recommended to ensure proper use of our Services, and this supervision is not linked to “VICTU” .

3.1 Nature of the Service and Medical Liability Exemption

Victu is a technological application designed to facilitate the recording, organization and visualization of workouts, body metrics and athletic progress.

The routines, exercise examples, and any other content available in the app are for informational and guidance purposes only. Victu does not provide medical, health, nutritional, or diagnostic services.

The use of the application does not in any way replace consultation with doctors, qualified personal trainers or other health professionals.

The user acknowledges and accepts that:

• The practice of physical activity involves inherent risks, including minor, serious or even permanent injuries.
• He is responsible for ensuring that he is in adequate physical condition before starting any sporting activity.
• You should consult with a healthcare professional before starting a training program if you suffer from illnesses, previous injuries, cardiovascular problems, or other relevant medical conditions.
• Use the app and perform any physical activity at your own risk.

Victu does not guarantee specific physical results, performance improvements, weight loss, muscle gain, or other specific athletic goals. Results may vary depending on multiple individual factors.

To the fullest extent permitted by law, Victu will not be liable for injuries, physical damages, indirect damages or any consequences arising from the performance of physical activities based on information provided through the application.

3.2 Integrations with Third-Party Services

Victu may allow voluntary integration with third-party services and platforms, including, but not limited to, Apple Health, Health Connect (Android), and, in the future, Garmin Connect or other similar services.

Connecting to these services is optional and requires the user’s express authorization through the mechanisms enabled by each platform.

By activating an integration, the user authorizes:

• Importing data from the external service to Victu .
• Exporting data from Victu to the external service, if applicable.
• The processing of said data in accordance with Victu ‘s Privacy Policy .

The user acknowledges that:

• Third-party services are governed by their own legal terms and privacy policies.
• Victu does not control or is responsible for the operation, availability, accuracy of data, technical modifications or interruptions of said services.
• Disabling or modifying permissions on the third-party platform may affect the operation of certain Victu features .

Victu will not be responsible for errors in data transmitted by external platforms or for loss of information resulting from technical failures beyond its control.

3.3 Wearable Devices and Smartwatch Application

Victu will be able to offer functionalities compatible with wearable devices, including smartwatches or other similar devices.

The smartwatch app:

• It works as a complement to the main mobile application.
• Requires prior installation of the application on a compatible mobile device.
• It may depend on the active connection between the wearable device and the mobile phone.
• It may not be available on all devices, operating systems, or versions.

The user acknowledges that:

• Proper functioning may depend on external technical factors (connectivity, battery, operating system, manufacturer updates, etc.).
• Victu does not guarantee compatibility with all current or future models.
• Certain functionalities may be limited or vary depending on the device used or the type of subscription purchased.

Victu will not be responsible for interruptions, inaccuracies in measurements (such as heart rate or other biometric data), or failures resulting from third-party hardware or software.

3.4 Marketing, Advertising and Results

Victu may, in certain cases, display content related to marketing, promotions, user testimonials, routine results, or improvements in physical progress.

The user acknowledges and accepts that:

1. Individual results
   1. The results of physical activity, weight loss, muscle gain, athletic performance, or any other personal goal can vary significantly depending on individual factors (physical condition, age, diet, genetics, consistency, previous injuries, etc.).
   2. Victu It does not guarantee specific results , nor does it assume responsibility for lack of progress or results other than those expected.
2. Use of user photos and content
   1. The user can share photos, data or content related to their progress, only if the functionalities are enabled and following the privacy conditions of the device or application.
   2. Victu may, with the user’s prior consent, use said content for marketing purposes, application promotion or testimonials, always respecting applicable regulations.
   3. The user may withdraw their consent for the use of their content in marketing at any time, in accordance with the Privacy Policy.
3. Testimonials and advertising
   1. Any testimonial, recommendation, or comment included in the application, website, or promotional materials reflects individual experiences and does not guarantee that other users will obtain the same results.
   2. Marketing information, promotions or recommendations are provided for informational purposes only and do not constitute medical, nutritional or sports advice.
4. Limitation of liability
   1. Victu will not be responsible for user decisions based on promotions, results from other users, testimonials, or any marketing content displayed in the application.
   2. The user assumes their own risk when following routines, recommendations, or being inspired by promotional content.

4. Data processing and privacy

By accepting these Terms and Conditions of Use , the User expressly accepts the use and processing of their personal data under the terms defined in the Privacy Policy .

4.1 Processing of Health Data

For the provision of the service, Victu may process data related to the user’s health, such as body metrics (weight, circumferences, skin folds), heart rate, information on workouts and other data related to physical performance.

The processing of this data is based on the user’s explicit consent and in accordance with the Privacy Policy .

The user may withdraw their consent at any time, although this may affect the availability of certain functionalities of the service.

“VICTU” account

VICTU account , keep your password confidential. You are responsible for all activity on or through your VICTU account. Try not to reuse your VICTU account password on third-party applications.

6. Your content on our Services

Some of our Services allow you to upload, send, store, or receive content. If you do so, you will retain ownership of any intellectual property rights you have in that content. Simply put, what belongs to you is yours.

By uploading, storing, or receiving content, or by submitting it to or through our Services, you grant VICTU (and its collaborators) a worldwide license to use, host, store, reproduce, modify, create derivative works (for example, those resulting from translation, adaptation, or other changes we make to better suit your content on our Services), communicate, publish, publicly perform or display, and distribute such content. VICTU will use the rights granted by this license solely for the purpose of providing, promoting, and improving the Services and developing new Services. This license will survive even after you stop using our Services.

For more information on how VICTU uses or stores content , please see the Privacy Policy . VICTU may use any comments or suggestions you submit regarding our Services without obligation.

6.1 Equipment Functionality and Information Sharing

Victu allows the creation and participation in user teams , in order to share information related to training, progress, routes, routines and other data associated with the use of the application.

The user acknowledges and accepts that:

1. Information shared within a team will only be visible to authorized members of that team.
2. The user is responsible for the information they choose to share and their privacy preferences within the team.
3. The user can configure their preferences to:
   1. Hide your progress or training status.
   2. Limit the visibility of routes or routines.
   3. Prevent other members from copying your sessions.
4. Victu does not control or assume responsibility for the use that other team members make of shared information, including duplication, viewing, or disclosure of content within the team.
5. Some sharing features may only be available to users with a paid subscription, as indicated in the application.

The user agrees to respect the rules of conduct and proper use of the platform, refraining from sharing offensive, illegal, or third-party content. Victu may, at any time, suspend the access of a user who violates these rules, in accordance with these Terms of Use .

7. Registration

“VICTU” is not responsible for any eventuality resulting from the User’s lack of ability to register or use our Services.

Required information to proceed with registration:

• Name and Surname
• Sex
• Email
• Password creation
• Age and/or date of birth
• Weight (optional)
• Height (optional)

At the time of registration and during the use of the Software and Services, the User must provide accurate, precise, and truthful information. Users guarantee and are responsible, in any case, for the truthfulness, accuracy, and authenticity of their personal data entered, and “VICTU” is not responsible for the truthfulness or correctness thereof.

Each User can only have one registration, and “VICTU” may cancel any subsequent registration made by the same individual.

8. Subscription Plans, Payments and Automatic Renewal

8.1 Service Modalities

Victu currently offers:

• A free version , with limited features.
• An annual paid subscription , which allows access to additional and advanced features.

In the future, Victu may offer additional options, including monthly subscriptions or other plans, which will be subject to these Terms.

The specific features of each plan will be available and updated in the application itself or on the official website.

8.2 Contracting and Payment Process

The purchase of a paid subscription is done through the application, via a payment gateway managed by Stripe or other payment providers that Victu may incorporate in the future.

Upon completing the payment process, the user:

• He declares that he is of legal age and has the legal capacity to enter into contracts.
• You expressly accept these Terms.
• Authorizes recurring billing according to the selected plan.

Victu does not directly store complete bank card details; these are managed by the payment provider according to its own security policy.

8.3 Automatic Renewal

Paid subscriptions are automatically renewed for successive periods equal to the initially contracted period (currently annual), unless the user cancels the subscription before the renewal date.

The renewal will involve the automatic collection of the corresponding amount using the payment method provided.

The user can cancel automatic renewal at any time from the subscription section within the application. Cancellation:

• It prevents future renewals.
• It does not entitle you to a refund for the period already paid.
• It allows access to the service until the end of the contracted period.

8.4 Trial Period

Victu may offer a free trial period , the specific duration of which will be indicated at the time of contracting (for example, 30 or 45 days).

During the trial period:

• No charges will be made until completion.
• The user can cancel at any time at no cost.

If the user does not cancel before the trial period ends, the subscription will automatically become a paid subscription and the corresponding charge will be made.

8.5 Right of Withdrawal

In accordance with European consumer regulations, the user generally has a period of 14 calendar days to exercise their right of withdrawal in contracts concluded remotely.

However, since it is a digital service whose access is granted immediately, the user:

• It expressly requests that the execution of the service begin during the withdrawal period.
• It acknowledges that, once effective access to the payment functionalities has begun, the right of withdrawal is lost.

This acceptance is made at the time of contracting through the express confirmation of the user.

8.6 No Refund Policy

Except in legally required cases, Victu does not offer refunds:

• For subscription periods already started.
• Due to lack of use of the service.
• Due to failure to cancel prior to automatic renewal.

Deleting the account by the user does not imply a refund of amounts already paid.

8.7 Price Modification

Victu reserves the right to modify future subscription prices.

Any price change:

• It will not affect periods that have already been paid for.
• It will be communicated with reasonable advance notice.
• It will be applied at the next renewal.

If the user does not accept the new price, they can cancel the subscription before the renewal date.

9. Changes to Subscription Plans, Features and Rates

VICTU reserves the right to modify, update, or change the benefits, features, and prices of the various subscription plans available on our platform. These changes may be due to the implementation of new features, improvements to existing services, or market adjustments.

• Price changes: In the event of a change in subscription fees, we will notify you with reasonable advance notice, indicating the date on which these changes will take effect. If you do not agree with the new fees, you may cancel your subscription before they take effect.
• Changes to features or benefits: Modifications that limit, eliminate or adjust features of subscription plans will automatically take effect with the next application update.

Continued use of the services after the effective date of any changes will constitute acceptance of the modifications.

10. Clause on the concept of “infinite” or “unlimited”

Within the services offered by Victu , some subscription plans include benefits described as “unlimited” or “infinite,” such as routine storage, local tracks , or access to offline zones. However, Victu clarifies that this “infinite” should be interpreted within the reasonable limits imposed by technological capabilities, including, but not limited to, the hardware and storage limitations of the user’s mobile device.

Victu reserves the right to establish, modify, or adjust these limits at any time, with or without prior notice, to ensure the proper functioning of the application and the user experience. These limits may vary depending on factors such as device storage capacity, hardware performance, or improvements to the application’s infrastructure.

The user understands and accepts that references to “unlimited” or “infinite” do not constitute an absolute guarantee of unlimited capacity, and that Victu will not be liable for any damages arising from the failure to meet these expectations, provided they operate within the conditions described in this clause.

For further inquiries or clarifications regarding applicable limits on your subscription, users can contact customer service through Victu ‘s official channels .

11. Changes to the Terms of Use and Privacy Policy

Victu may modify these Terms and Conditions of Use Victu will notify users in advance when changes affect their rights or obligations to comply with legal requirements or changes in the operation of the mobile application and/or website. These changes or updates will take effect after their publication on the Victu website .

We recommend that you review the terms and conditions periodically. VICTU will publish notices regarding changes to these terms and conditions through the mobile application and/or website or other means it deems appropriate.

12. Exclusion of Liability

The User expressly agrees that:

• The use of the Software is carried out at the User’s own risk and responsibility, and is the sole responsibility of the User or their guardian;
• The User declares and assumes that he is legally fit, trained and authorized to carry out his activity, and therefore “VICTU” cannot be held responsible for any error arising from the User’s activity;
• “VICTU” provides no warranty in relation to:
  • the correspondence of the Software with the User’s requirements;
  • the exemption from errors in the Software;
  • the reliability, currency, or performance of the software;
  • the possible results or consequences arising from the execution, partial or total, by the User, of all those recommendations and/or suggestions provided by the Victu application , in particular the nutritional and/or physical ones.
• No advice or information, oral or written, obtained by the User from “VICTU” or from third parties to this associate, through any means, may constitute a guarantee not expressly mentioned in these Terms and Conditions of Use .

12.1 Limitation of Liability

In cases permitted by law, the User expressly understands and accepts that “VICTU” shall not be liable to the User for any direct, indirect, incidental or special damages arising from the use of the Software, nor for loss of profits, revenue, data and/or financial losses.

12.2 Software Failures

VICTU is not responsible for any damage, injury, or loss to the User’s device caused by software, server, or internet failures. Users may not hold VICTU liable or demand payment for lost profits due to damages resulting from technical difficulties or system or internet failures. VICTU does not guarantee continuous or uninterrupted access to and use of its application. The system may be unavailable due to technical reasons, internet outages, or any other circumstances beyond VICTU’s control .

12.3 Partial disability

If any provision of the Terms and Conditions of Use and the Privacy Policy is deemed invalid or unenforceable, for any reason or to any extent, such invalidity or unenforceability will not affect or render invalid or unenforceable the remaining terms and/or policies, and the enforcement of such provision will be effected to the extent permitted by law.

12.4 About the Software of our Services

The applications and software produced by “VICTU” are works protected by Royal Legislative Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law. Each of the elements that comprise them (such as design, texts, videos, music, graphics, images, information, applications, sounds, logos, website design, applications and tools, among others) are the exclusive property of the company “VICTU” , which is the only authorized owner to exercise its intellectual property rights.

Any reproduction and/or representation, in whole or in part, use, adaptation or modification of the applications and/or Software or any of the elements that comprise them, in any medium, or in any form, for other purposes, particularly commercial purposes, is prohibited.

If a Service requires or includes downloadable Software, this Software may be automatically updated on the device where it has been installed and/or downloaded, whenever new versions or features are available.

“VICTU” and its software, Victu , is prohibited . Any intrusion, attempt, or activity that violates or contradicts intellectual property laws and/or the prohibitions stipulated in these Terms and Conditions of Use will subject the responsible party to appropriate legal action and make them liable for compensation for any damages caused.

12.5 Service Availability and Limitation of Liability

Victu strives to provide a continuous and secure service, but cannot guarantee uninterrupted, complete, or error-free availability of the application or its functionalities.

The user acknowledges and accepts that:

1. Victu may perform scheduled or corrective maintenance at any time, which may temporarily affect service availability.
2. The service may be interrupted, modified or discontinued in whole or in part without prior notice, whether for technical, operational or legal reasons.
3. Victu will not be liable for interruptions, failures, data loss or any direct or indirect damage resulting from the unavailability of the service, except in cases expressly established by applicable law.
4. In situations of force majeure, failures of third-party providers, interruptions of internet services, or problems in integrated external platforms (such as Apple Health, Health Connect , Garmin or others), Victu will not assume any responsibility for the consequences that may arise for the user.

The user agrees to use the application at their own risk, acknowledging that Victu acts only as a facilitator of the service and not as a guarantor of results or continuous availability.

13. Use of cookies

VICTU uses cookies through its mobile application, website, and the Victu Software at https://www.victu.es and/or its subdomains to improve and understand how the platform is used. These cookies also allow VICTU to recognize when the User is using the platform and to provide a positive browsing experience. By using the platform, the User agrees that VICTU may use cookies for these purposes or others mentioned in the Privacy Policy . Cookies are small text files that are placed on the User’s device with their consent.

Our cookies have different functions:

Strictly necessary (essential) cookies

They allow you to navigate the website and use its applications, as well as access secure areas of the website. Without these cookies, the services you have requested cannot be provided. Some cookies are essential for accessing specific areas of our website.

Analytical cookies

These cookies are used to analyze how users interact with the website and to monitor its performance. This allows us to provide a high-quality experience and quickly identify and correct any issues that may arise. For example, we use performance cookies to understand which pages are most popular, which method of connecting between pages is most effective, or to determine why some pages may be displaying error messages. These cookies are used solely for statistical analysis and do not collect any personally identifiable information.

Functionality cookies

They save the User’s preferences regarding the use of the mobile application and/or website, so it is not necessary to reconfigure the mobile application and/or website each time the User uses them.

Third-party cookies

They measure the success of applications and the effectiveness of third-party advertising. They can also be used to personalize a widget with user data.

Cookies can be:

Persistent cookies

These cookies are stored, for varying periods of time, at the level of the internet browser on the access devices and are used each time the user visits the website. They are generally used to tailor navigation to the user’s interests, allowing for a more personalized service.

Session cookies

These cookies are temporary and remain stored in your web browser until you leave the website. The information obtained helps us identify problems and provide a better browsing experience.

14. Notifications

Users agree to receive communications from “VICTU” , in particular, notifications related to “VICTU” Services , including any changes to these Terms and Conditions of Use and Privacy Policy , among other communications, by the email address associated with their registration or by any other form of communication that may be relevant.

15. Hyperlinks

Mobile and/or web applications may contain hyperlinks to other applications or websites over which VICTU has no control. The inclusion of hyperlinks to other applications or websites is for informational purposes only. VICTU is completely unrelated to the content, services, and/or products offered and therefore cannot be held liable for their content.

16. Applicable Law

The applicable law in case of dispute or conflict of interpretation of the terms that make up this legal notice, as well as any matter related to the Services of “VICTU” , will be Spanish law.