Before accessing and using the services available on INDYA’s mobile app, the Athlete must carefully read these Terms and Conditions of Use (the “Terms of Use”) that regulate the collaboration established between INSTITUTO DE NUTRICIÓN DEPORTIVA, S.L., domiciled in c/ San Vicente Mártir, 128, CP 46009, Valencia, with CIF B-98.628.613 (“INDYA”) and the Athlete.
The following are the terms under which INDYA will provide the Athlete Services and define the rules of participation for Athletes subscribing to the service.
1. INTRODUCTION
Who are we?
INDYA is a company dedicated to improving the performance of athletes of any level and discipline through personalized, flexible and motivating nutritional plans. We also license our nutritional planning software to other nutritionists.
Nutrition does not work in a theoretical or generic way, it works applied to the needs and context of each person. Nor does it work in isolation, but is part of a very complex system such as the human body, continuously interacting with countless variables.
For this reason, INDYA’s service, despite having been improving for 11 years, being based on scientific evidence, having specialized nutritionists, developing its own technology and guaranteeing official databases of food and nutrients, does not guarantee 100% of the objectives desired by the user, since there are numerous variables and user behaviors that are beyond the control of INDYA and its nutritionists.
However, our proposal, which is completely honest and rigorous, consists of collecting a lot of data from the athlete in order to analyze and design a nutritional plan as personalized as possible. We will not ask for any data that is not necessary for the personalization of the plan or its follow-up. All the data that the user fills in the form will be analyzed by the nutritionist, who may consider it important to change some needs, habits or preferences that the user has indicated.
The service requires an individualized learning process, in which, based on trial and error and the assessments of the nutritionist and the software, the nutritional planning will become more and more accurate and effective for the user.
2. DEFINITION OF TERMS
Subscribed Athlete” should be understood as anyone who has paid the subscription and has, by any means, access to INDYA’s nutritional planning service with a nutritionist.
“Registered Athlete” should be understood to mean anyone who has registered through the INDYA app or website, but has not gone on to subscribe to the service.
“Intellectual Property Rights” are all rights relating to scientific works, inventions in all fields of human activity, scientific discoveries, designs, industrial models, industrial, commercial and service marks, protection against unfair competition, as well as all other rights inherent to intellectual activity in the industrial and scientific sectors.
Enforcement of Terms of Use
The Terms of Use apply to the provision of the Services and to all modes of use of the Athlete App and the Nutritionist Software, whether in code form, binary form, or otherwise.
Provided that the Athlete expressly authorizes it on his or her device, the Mobile App uses third party applications such as Health Connect, Apple Health, Strava and TrainingPeaks. The purpose of using these applications is to allow the Software to receive data collected from the Athlete’s use of such applications and to improve planning with real-time and more accurate information. In the event that the Athlete does not expressly authorize the use of the applications by the Mobile App, the provision of the Service is not affected. However, the Software will not incorporate in its analysis real information directly. The use of information received through these third party applications will in any case be subject to their terms and conditions and permissions policy, including limited use requirements.
3. USE OF SERVICES
What do we offer?
We offer a nutritional planning service for athletes of any level, sport, age, dietary awareness or pathology. The service is provided through a subscription, which includes the nutritionist’s service and the follow-up app.
Once the athlete has subscribed and filled out the initial form through the INDYA app, the information submitted is analyzed and the nutritionist that best fits the user’s profile and challenge is assigned. However, the subscribed athlete will be able to choose the nutritionist he/she prefers to work with.
Your nutritionist, with the help of INDYA’s proprietary software, calculates and designs the nutritional plan based on all the information submitted in the form, publishing it in the Subscribed Athlete app in less than 48 business hours.
The subscribed athlete, once the information has been sent and the nutritionist has been selected, will be able to book a video consultation to meet the nutritionist and resolve any doubts. This first video consultation is included in the subscription payment, so there is no extra charge.
In case the Subscribed Athlete requests the video consultation before receiving the plan in his/her app, the publication of the plan in the app could exceed 48 working hours, since it will be conditioned to the availability of the nutritionist in the agenda to make the first video consultation.
You can find the features and services included in the subscription detailed at getindya.com/athletes/prices.
Nutritionist Follow-up
INDYA offers the service with its own team of nutritionists. All nutritionists working at INDYA have a permanent contract. All of them have university training as dietitians-nutritionists, are registered and have specializations, masters or postgraduate degrees in sports performance, in addition to a constant and intensive internal training in the company.
Although each user will have an assigned nutritionist, in case of absence of the nutritionist due to vacation, illness or personal reasons, the user will be attended by another INDYA sports nutritionist, who will have all the information and history of the subscribed athlete to assist him/her.
From the moment the Subscribed Athlete has already published his plan in the app, he will be able to contact his nutritionist through the app chat in an unlimited way. The nutritionist will respond as soon as possible within his working hours.
Nutritionists are not obligated to make changes to the nutritional planning if the user changes any information through the form (either on their first order or in future follow-up reviews).
If the user requests a change through the chat, the nutritionist may or may not make it, always based on his/her professional criteria. Structural or profound changes that affect the complete planning, such as changing the number of meals, changing all the workouts, changing the dietary awareness, etc., cannot be requested through the chat.
The nutritionist will also be able to proactively make adjustments to the user’s plan if he/she deems it necessary to update the plan based on the user’s progress or feedback.
The Subscribed Athlete will be able to send constant feedback to his nutritionist through forms and interactions with the app: training changes, recipe exchanges, meal and training compliance, sensations, data updates, etc. Every time the Athlete changes recipes, workouts, tastes or variety of recipes, his nutrition is automatically recalculated, so he will not have to wait for his nutritionist to be available again during his working hours.
This allows the Nutritionist more time to personalize the follow-up, analyze feedback and monitor the evolution of their Subscribed Athletes to make better decisions.
Once a month the Subscribed Athlete may request a complete review of his or her plan. If the monthly review is not requested, the nutritionist will understand that the athlete does not need changes and wants to continue with the same plan.
Monthly subscription
INDYA’s monthly subscription has no trial period or permanence, but has a minimum service of one month. The billing periods will be monthly and will be from date to date from the moment in which the contract was made.
The user can cancel the subscription at any time. To cancel the subscription, the user will have to cancel his subscription from his app or from the web. www.getindya.com at least 24 hours prior to your monthly renewal date.
If the user does not cancel and his subscription is automatically renewed. Even if the user cancels, he/she will continue to receive the service until the end date of his/her monthly payment (or billing cycle). Payments are non-refundable and we do not provide refunds or credits for partial subscription periods, nor for non-use of the service or subscription.
Quarterly, semi-annual or annual subscription.
With this option you choose to pay for several months in a single payment in advance. This option does not allow total or partial refund if you decide to stop the service before 6 months. It also does not allow the transfer of the service to a different person. Your subscription will be automatically renewed at the end of the contracted period unless you cancel before the end of the contracted period.
If the user comes from a monthly subscription and wants to change to a quarterly, half-yearly or annual subscription, the change and the payment will be immediate, subtracting in this pack the amount proportional to the days of the month he/she has left to enjoy.
Automatic subscription renewal
By accepting these terms, the user agrees to the automatic renewal of his subscription, authorizing, for this purpose, that the due amounts be charged through the payment information previously made available.
The service cannot be paid in cash, by Bizum or by bank transfer. The subscription must always be linked to a credit or debit card.
Stripe payment system
In applicable markets, INDYA allows integration with the Stripe service. INDYA does not store any user payment data. By using this service you represent that you have viewed and approved the Stripe Terms. INDYA is not a party to the Stripe Terms and, as such, has no obligation or liability to you under these rules or for any services Stripe provides to you or additional values charged to you. If you have any questions regarding Stripe or the Stripe Terms, please contact them via email at https://www.stripe.com.
Disputes
A dispute occurs when a user, the cardholder of the card with which the payment was made, questions the legitimacy of the transaction to the card issuer, i.e. his bank.
In these cases, the issuing entity will activate an automatic mechanism that will immediately cancel the payment, returning the amount paid to the user, while the legitimacy of the dispute is analyzed and discussed between the parties. More detailed information about dispute fees can be found on the page below: https://stripe.com/docs/disputes#fees.
Subscriptions through the Apple Store
If the athlete subscribes through the Apple Store, any changes related to payments, renewals or cancellations must be handled directly through Apple, from your App Store account or Apple customer service.
Apple decides your final price in their store, so there may be some small difference between INDYA service prices if you subscribe through the Apple Store or if you subscribe through Google Play or INDYA’s website.
Prices
Subscription prices are available at https://getindya.com/deportistas/precios.
4. INFORMED CONSENT
INDYA performs four procedures that are subject to authorization by the athlete:
- Anthropometry (Body composition study)
- Basal Metabolism Test
- Substrate test on treadmill or exercise bike.
- Fat Max test on treadmill or stationary bike
The objective of the first is to provide an estimate of muscle mass, lean mass, bone mass and body water. This assessment is performed with a measurement of fat folds, bone diameters and muscle perimeters. This study is completely innocuous and safe.
Anthropometries will always be carried out by qualified sports nutritionists, who are registered, specialized in sports performance and with specific training (ISAK) that certifies their ability to perform them and interpret the data of this type of measurement.
All athletes should be aware of the risks involved in these processes if they are in specific clinical situations such as pregnancy, Parkinson’s disease, implantation of pacemakers or other electronic devices, recent surgeries, epilepsy, cardiac disorders, acute illnesses (fever, shock, diarrhea, vomiting, recent external defibrillation, etc.).
All athletes must read and authorize their consent and confirm that they have been explained and understand the foreseeable consequences of each process as well as the work that takes place in INDYA.
5. CONDITIONS OF ACCEPTANCE
Registration in INDYA’s mobile application and the provision of the service by INDYA depend on the full acceptance of these terms and conditions, so any user who does not agree or does not commit to behave in accordance with them, may not use such service. Therefore, access to and use of INDYA’s mobile application constitutes acceptance of these terms and conditions.
Thus, for each person who is effectively a user of INDYA is assumed to have read and fully understood the Terms and Conditions and the Privacy Policy which is inseparable from these terms, expressly accepted both.
INDYA reserves the right at any time and without notice to change the Terms and Conditions (in whole or in part), and each new version of the Terms and Conditions shall be effective upon posting on INDYA’s website.
By accepting these Terms and Conditions, users agree to visit and study these terms regularly. Finally, INDYA reserves the right to interrupt or even close the services at any time, if so required.
These provisions contractually bind the Subscribed Athlete. As such, from the moment you accept these Terms you are legally bound by their provisions and agree to be bound by the most current versions of these terms and the Privacy Policy.
The user may withdraw his consent at any time and, thus, proceed to the revocation of this contract, not recognizing any compensatory rights or refund of amounts already paid, nor is allowed access to INDYA again, proceeding to the destruction of their personal data.
These provisions shall apply between the parties for the entire duration of the contract, which shall be determined according to the specific plan subscribed.
The Terms of Use of the Software apply to all modes of use of the applications, whether in code form, binary form, or any other form.
6. PRIVACY POLICY AND PROTECTION OF PERSONAL DATA
RESPONSIBLE: INSTITUTO DE NUTRICIÓN DEPORTIVA SL – CIF B98628613 CONTACT: CALLE SAN VICENTE MARTIR 128. 46007, VALENCIA (Valencia), Spain. Tel. 963324843 – Email: contacto@getindya.com
By accepting these Terms and Conditions of Use, the User expressly agrees to the use and processing of his or her personal data under the terms defined in our Privacy Policy.
Registration
Mandatory information to proceed with the registration:
- First and last name
- E-mail address
- Password creation
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 respond, in any case, for the truthfulness, accuracy and authenticity of their personal data entered, being that INDYA is not responsible for the truthfulness or correctness of the same.
The registrations are personal and non-transferable, being the holder of the same the only responsible for the actions carried out with his registration.
Each user may only be assigned one registration, and INDYA may cancel any subsequent registrations made by the same individual.
7. INTELLECTUAL PROPERTY
The applications produced by INDYA are intellectual works protected by Intellectual Property Law and are protected by the applicable legislation, in particular Decree-Law No. 252/94, of October 20, 1994, on the Legal Protection Regime for Computer Programs, as well as by Community Directives and International Treaties. Each of its component elements (such as design, texts, videos, music, graphics, images, information, applications, sounds, colors, logos, website design, applications and tools, among others) are the exclusive property of INDYA, and it is the only company authorized to use the intellectual property rights.
Any reproduction and/or complete or partial representation, use, adaptation or modification of the applications or of any of the elements of which they are composed, on any support, or in any form, for other purposes, in particular commercial, is prohibited.
8. MODIFICATION OF THE T&C
INDYA may unilaterally change any part of these terms and conditions without prior notice to you to reflect any regulatory changes, changes in the features of the web and/or mobile application, and/or the services offered therein or for any other reason. Once the updated terms and conditions are in effect, you will be bound by them if you continue to use the app.
9. CONFIDENTIALITY
The Subscribed Athlete undertakes to maintain in absolute and total confidentiality, any personal or commercial data, even if it does not contain the mention of confidential, of all the available information to which he/she will have access by virtue of the distribution of the web application of the software.
Protected or confidential information means all information which, regardless of the medium used, consists of technical and non-technical information of a financial, commercial or technological nature, in particular: intellectual and industrial property, know-how, conclusions, business models, working models, trade secrets, studies, formulas, methods, drafts, drawings, photographs, prototype samples, models, financial, technological data and information directly or indirectly related to the distribution of the pre-beta version of the software framework, or any other commercial, legal and/or fiscal element, or any other information related to the software, which is distributed in any form.
10. USE OF COOKIES
INDYA uses cookies through the website www.getindya.com and/or its subdomains to improve and understand how the platform is used. These also allow us to recognize when the user uses the platform, as well as to offer a positive browsing experience. By using the platform, both the professional and the client accept that INDYA may use cookies for these purposes or others clearly listed in the Privacy Policy. Cookies consist of small text files, which are placed inside the computer, tablet or cell phone of the professional and the client, with their authorization.
Our cookies have different functions
Strictly necessary (essential) cookies
They allow navigation on the website and the use of its applications, as well as access to secure areas of the website. Without these cookies, the services you have requested cannot be provided. Some cookies are essential to access specific areas of our website.
Analytical Cookies
These cookies are used to analyze how users use the website and to monitor the performance of the website. This allows us to provide a high quality experience by customizing our offering and quickly identifying and correcting any problems that arise. For example, we use performance cookies to learn which pages are most popular, which method of connecting between pages is most effective, or to determine why some pages are receiving error messages. These cookies are only used for statistical creation and analysis, without collecting personal information.
Functionality Cookies
They save the user’s preferences about the use of the website, so that it is not necessary to reconfigure the website each time you visit it.
Third party cookies
They measure the success of applications and the effectiveness of third-party advertising. They can also be used to customize a widget with user data.
Cookies can be:
Persistent Cookies
They are stored, for a variable time, at the level of the Internet browser (browser) on your access devices (PC, mobile and tablet) and are used whenever the user makes a new visit to the website. They are generally used to direct navigation according to the user’s interests, allowing to provide a more personalized service.
Session Cookies
They are temporary, they remain stored in your Internet browser until you leave the website. The information obtained allows us to identify problems and provide a better browsing experience.
How can you manage cookies?
As we have explained, cookies help you get the most out of our site.
The most common Internet browsers (“browsers”) allow the user to accept, reject or delete cookies, in particular by selecting the appropriate definitions in the software itself. In this way, after authorizing the use of cookies, the user can disable part or all of our cookies.
Notifications
Users agree to receive communications from INDYA via email. In particular, notifications related to the service, its performance, nutritional recommendations, nutritional content, explanation of app functionalities, messages from your nutritionist, error reports, promotions or relevant information of the INDYA brand, including any changes to these Terms of Use, the Privacy Policy, among other communications, to the email associated with your registration or by any other form of communication that may be relevant.
Information security and quality
It is our goal to ensure the quality and integrity of the information provided by users, having been implemented the necessary measures, both technologically and organizationally, to keep the information secure, accurate, current and complete. For more information please see our Privacy Policy
11. APPLICABLE LAW OR JURISDICTION
These Terms and Conditions of Use are subject to Spanish law and the courts of the city of Valencia and its hierarchical superiors.
