TERMS AND CONDITIONS

 

TERMS AND CONDITIONS FOR THE USE OF THE PLATFORM

This document outlines the general terms of use and legal information (hereafter referred to as "General Conditions") governing access and use of the website of SONA HEALTH, S.L. (hereafter referred to as "SONA" or "we"), located at the domain www.sonahealth.es, along with its mobile application and any other linked websites managed by SONA (collectively, the "site"). This website and the application are owned by SONA. By using the site, you agree to these General Conditions; otherwise, please refrain from using our services. By accepting and making a reservation, accessing the website or the application, you agree to all terms and conditions of platform use.

These General Conditions regulate the availability of the SONA platform, both on the website and mobile application (collectively, the "Platform"), made available to registered users (hereafter referred to as "User" or "Users").

In compliance with current regulations, the following company identification information is provided:

  • Corporate Name: SONA HEALTH, S.L.
     
  • Registered Office: C/ Lope de Vega 6, Floor 1, Door A, 28014, Madrid
     
  • Tax Identification Number (NIF): B-19462001
     
  • Registration Data: Deed authorized by the Notary of Madrid, Patricia Sotillos Fueyo, on September 6, 2024, order number 1875 of her protocol; registered in the Commercial Registry of Madrid, entry number 1/2024/146753,0, journal 2024, entry 8762, annotation 1 with sheet M-831712
     
  1. Purpose
     

SONA is a technology company whose primary activity is the development and operation of a digital platform facilitating the contracting of home services through its website and mobile application (hereinafter, the "App").

Through this Platform, SONA enables various professionals, with whom it maintains commercial agreements for the use of the Platform, to offer predefined services. Clients can request these services from the professionals through the Platform, with SONA acting solely as an intermediary, not assuming responsibility for the quality of the contracted services, as this depends exclusively on the professionals.

SONA's role is to connect clients interested in home services with the professionals who offer them. Clients can freely choose the professional they wish to carry out the service request, and SONA is not responsible for such choices.

SONA does not directly provide the services and, therefore, is not responsible for their execution, with the professionals contracted through the Platform being solely responsible to the clients for the provision of these services, that is, the sole responsibility for the provision of services lies with the Professionals with whom the Clients or registered users on the platform have established the contractual relationship.

Moreover, these General Conditions regulate the access, use, and contracting of services available through the Platform, both on the website and the mobile application. The provision of the offered services requires full acceptance of these General Conditions, along with the Privacy and Cookies Policy, documents that, together, regulate the legal relationships with SONA.

Access and the creation of a user profile on the Platform imply the express and conscious acceptance of these General Conditions, the Privacy Policy, and the Cookies Policy. If you do not agree with any of these provisions, you should refrain from using the Platform or any of its services.

SONA reserves the right to modify partially or totally the Services, the General Conditions, and the Privacy and Cookies Policy. If you continue using the Platform after these changes, it is considered that you accept the modifications. If you disagree with any update, you may opt to stop using the services of SONA.

In these General Conditions, the terms "Clients" and "Professionals" are grouped under the designation of "Users".

  1. Information about the Holder
     

The website is owned by SONA HEALTH, S.L., with NIF B-19462001 and headquarters at Calle Lope de Vega 6, Floor 1, Door A, 28014, Madrid. You can contact us via email at legal@sonahealth.com or by calling (+34) 623 368 418.

Through the Platform, SONA acts as an intermediary between professionals such as massage therapists and other categories of home services, and the people requesting these services, allowing the professionals to attend the location indicated by the user at the time chosen by the latter. SONA reserves the right to expand, reduce, or modify the service offer on the Platform, according to its commercial criteria.

  1. Information
     

SONA, through its website www.sonahealth.es or its applications or others, may collect personal information such as your name, telephone, email, or postal address. If you make a purchase of the services offered by www.sonahealth.es or its applications, we will collect information about your credit card, but it will not be stored under our infrastructure, instead, it will be used so that our payment service providers Stripe or Paypal can complete the transactions. We reserve the right to collect or stop collecting any personal information in the future.

  1. Description of the Services
     

The Platform offers massage and related home services (individually referred to as the "Service" and collectively the "Services"), allowing the user to request a professional to come to the address indicated to receive one of the services available on the Platform. The provision of these services is regulated by these General Conditions.

4.1 Registration: To access the Services available at SONA, it is necessary to register on the Platform by creating a personal account that identifies you as a registered User. You can manage the reservation of Services through the website www.sonahealth.es or through the mobile applications of SONA (available for iOS and Android). During the registration process, we will request basic information such as your full name, telephone number, and email. Additionally, you must select a password that will allow you to access your private area.

In some cases, additional optional data such as your date of birth, phone number, or ID may be requested. Upon completing the registration, all users can manage their profile to complete it, update it, or unsubscribe if they wish.

All information provided will be treated according to our Privacy and Cookies Policy. Upon completion of the registration, you will receive a confirmation email at the address you have indicated, after which you can start using our Services. Each registered user can access and modify their profile or unsubscribe when deemed appropriate.

The User commits to ensuring that all personal information provided in the registration form is accurate, true, and complete. They also assume the responsibility to keep this information updated. If SONA detects false, incorrect, or incomplete data, or if there are reasons to doubt the authenticity of the same, SONA reserves the right to restrict access and use of the Platform and its current or future services.

4.2 Operation, Access, and Reservation: Once the registration on the Platform is completed, you can enter your private area using your email address and password. Within this area, you will have to select the type of Service you wish to contract among those available, as well as the location where you want to receive it. SONA provides all necessary information, including the price and duration of each Service, to help you make an informed decision. Then, you can choose the schedule that best fits your availability and confirm the request for the Service, completing the payment through the methods indicated in these General Conditions.

SONA will assign the Professional who best fits the selected time slot. All reservations go through a verification process conducted by our team, who might ask you for proof of residence or identification if necessary.

4.3 Service Availability: SONA's Services are available only in certain areas identified by postal codes. If you wish to be notified when SONA extends its coverage to your area, you can send us your email address along with the postal code where you wish to receive the Service to the address legal@sonahealth.es, and we will inform you as soon as it is available.

4.4 Incident Resolution: If any problem or incident arises with the operation of the Service, you can report it to our team via email at legal@sonahealth.es.

  1. Service Conditions
     

5.1 By making the payment for the Service, the User confirms the contracting of the selected service(s) to be provided at the exact address indicated at the time of the reservation.

5.2 The professional will carry with them the necessary equipment to perform the service adequately, using the resources provided by the User, such as water, electricity, etc.

5.3 Neither SONA nor the professional will be responsible for the impossibility of carrying out the service due to circumstances beyond their control (for example, unsuitable physical conditions, diseases, bone fractures, lack of supplies such as water or electricity, among others). In such situations, the amount of the service will not be refunded nor rescheduled at no additional cost, except in exceptional cases.

5.4 If the User is not satisfied with the result of a Service provided by SONA, they will have a period of up to 10 days from the date of service provision to file a complaint. All complaints will be evaluated by SONA's Customer Service team, based on the information provided and the internal quality standards of the company. As appropriate, the Customer Service may offer compensation, which could include a refund or the repetition of the service at no additional cost. Once the established claim period has passed, no repetitions or refunds of the paid amount will be made. In the event of a repetition of the service, it will be carried out at the same address where the initial appointment took place or at any other provided it is within the service area of the platform and the Professional.

5.5 If the User wishes to cancel or modify the date and time of an already reserved Service, they can do so through the digital platform. The reservation of a service implies that the assigned Professional blocks that time in their calendar specifically for that User, preventing other Users from contracting it during that period. The user accepts the conditions established in the Cancellation and Modification Policy, which can be consulted in its corresponding section.

5.6 The contracted services are scheduled to start and end at specific times, and their duration cannot extend beyond the established schedule unless the professional confirms that this will not affect their subsequent commitments. This rule applies, among others, in the following circumstances:

  • The User arrives late to their appointment.
     
  • The User requests additional services that were not contemplated in the initial reservation.
     
  • The User modifies the instructions provided to the professional at the start of the service, which would require more time than reserved.

 

 5.7 SONA will not assume any responsibility for any inconvenience or damage suffered by the User due to errors made by them in managing their reservation, or due to their behavior, if these prevent the correct provision of the contracted service. In such cases, the User will be required to pay the full cost of the service. Examples of these situations include:
 

  • The User provides an incorrect address.
     
  • The User provides incorrect contact details.
     
  • The User has a special health condition or specific contraindication (such as osteoporosis, recent surgery, skin allergies, etc.) that they do not communicate when making the reservation, which affects the correct provision of the service.
     
  • The User displays behavior that the professional from SONA considers inappropriate.
     
  • The User is solely responsible for the correct consignment of the address where they wish the Service to be performed, thereby exempting SONA from any negligence or error resulting from the erroneous consignment of the address. As a consequence, the User will have to assume 100% of the amount for the cost derived from the incorrect consignment of the address.

 

 5.8 SONA reserves the right to cancel a Service without needing to justify the cause. In such a case, the User will have the right to receive a full refund of the amount paid.
 

5.9 If the assigned professional cannot perform the service, SONA will do everything possible to replace them with another professional with similar qualifications. The Client cannot cancel the appointment due to the change of professional.

5.10 If, when trying to access the address provided by the User for the provision of the service, the professional identifies a situation that represents a risk to their safety or physical integrity—such as unsafe conditions in the building, the presence of animals (domestic or wild) that may cause damage, dangerous passageways, or the concentration of people that may pose a threat—the professional will leave the place without performing the service. In such a case, the User will not have the right to claim any compensation for the possible damages resulting from the non-performance of the service.

5.11 For Professionals who opt to use the Platform, their relationship with SONA will be limited to that of a third-party independent contractor and will not imply, under any circumstances, a relationship of employee, agent, co-partner of a joint venture, or partner of SONA. The Professional will act solely in their own name and for their own interest. SONA will not supervise or direct the actions of the Professional, including those related to the provision of services, and will not be considered to exercise such control. The Professional acknowledges that they may, at their discretion, promote their Services or undertake other commercial or work activities permitted by these terms. At the end of the Service, the Professional will be responsible for delivering the physical receipt or the corresponding invoice, if the Client requests it, with the Client and the Professional being the only ones responsible in this contractual relationship.

5.12 All prices shown on the Platform must include the applicable taxes according to the territory in which the User is located and will be expressed in the currency corresponding to that territory, with the euro (€) being the default currency. For the money generated by the provision of services to be transferred to the Professional's account, they must provide their bank details, and an identity verification may be required to comply with the payment provider's policies. A small commission intended to cover the operating costs of the Platform will be deducted from the amount to be transferred. For more details, the Professional can contact SONA.

5.13 Both the Client who contracts the services and the Professional who provides them are solely responsible for complying with the applicable tax legislation. This includes the application of VAT on invoiced services and the declaration of income earned from such services. Tax regulations may require us to collect certain tax information from our Professionals or to withhold taxes on payments intended for them, or both situations. If a Professional does not provide the required tax documentation (for example, taxpayer number) according to applicable legislation for tax withholding, if applicable, the Platform reserves the right to withhold the necessary amount to comply with tax obligations until the matter is regularized.

  1. Consideration, Payment Methods, and Promotions
     

Registration and use of the Platform are completely free for Clients. Professionals can also access the Platform at no cost.

The User will pay the price indicated when contracting each Service through the Platform. These prices include VAT, but do not contemplate additional surcharges for special schedules or holidays, which will be added to the total amount if applicable. The rates for the Services, along with their conditions and any updates, will be available in the app and on the website and may be modified. Any change in the rates will be applied immediately after publication.

Services scheduled before 11:00 and after 22:00, as well as those that take place on Sundays and holidays, may be subject to an additional cost for special schedule or date. This surcharge will be included in the total price. When requesting the service, the User can consult this supplement along with the base price of the service. The rates corresponding to the Services will be charged to the User at the time of making the reservation. These charges will be processed by SONA using the payment methods provided by the User each time they reserve or extend a Service. In some cases, there may be delays in processing payments, which could result in a delay of up to 30 days in the charge to the User's credit or debit card.

The data from Paypal, the credit or debit card, or any other payment methods provided by the User will be sent to the authorized external payment provider, who will be responsible for storing this information. SONA guarantees the User that appropriate encryption and encryption measures are implemented to protect the confidentiality of such data. The User can delete their card information at any time from their User profile. If you have any questions related to the payment gateway used by SONA, you can request more information by writing to legal@sonahealth.es.

For security reasons, SONA reserves the right to block, cancel, or annul any payment method if there are reasonable suspicions of misuse. Additionally, SONA may limit access to promotions, invitations, and discounts, or recover the amount of these benefits, if Users make inappropriate, illegal, or abusive use of them; in such cases, the User will be notified. Misuse is considered any form of use of the Application and/or Website that violates the law or these General Conditions of Use.

It is strictly forbidden for a User to create multiple accounts on SONA. Additionally, SONA reserves the right to cancel or adjust the value of discounts, invitations, and promotions at any time. In the event of detecting an infringement by the User, they agree that SONA will charge an amount of 100 euros as administrative costs, as well as the blocking of the accounts that have been fraudulently opened.

Invitations or discounts may be restricted to certain categories of services. Cash payments are not accepted, and any payment made directly to the professional will not be considered valid; only payments made with a card through the SONA platform are considered valid.

SONA may grant, at any time and unilaterally, credits or vouchers for use on the Platform, as well as free shipments for certain users. The User acknowledges and agrees that these credits and free shipments must be used in the manner deemed appropriate. Promotional codes and any other offer or discount available through the Platform must be applied correctly in the app before placing the order; otherwise, they will not be valid, and the User will not be able to benefit from them. If SONA makes a cancellation, the Client will retain the validity of the promotional code and/or any other offer or discount for future use. On the other hand, if the cancellation is requested by the User, they may lose the right to use the promotional code.

SONA reserves the right to unilaterally cancel promotional codes and/or any other offer or discount when it detects fraudulent use, such as redeeming a code without being its legitimate recipient, mass distribution of codes, sale of discounts or codes, among others. It may also cancel these benefits if they have expired or apply penalties to users for the amount equivalent to the misuse to the detriment of the Company. SONA will not assume any responsibility if, due to force majeure, events beyond its control, or justified circumstances, it is necessary to cancel, reduce, extend, or modify the conditions of the promotions. In particular, SONA is not responsible if the website is unavailable at any time during the promotions or if there is a malfunction in the automated system of such promotions.

  1. Obligations of Service Users
     

As a Service User, you commit to complying with the following conditions, responsibilities, and obligations:

  • Provide accurate, up-to-date, and truthful information, and notify any changes in the personal data of your User profile.
     
  • Keep your access credentials to the platform diligently, and not share or allow their use by third parties, given their personal and non-transferable nature.
     
  • Refrain from taking any action that may harm the rights and interests of SONA, in particular, avoiding any act that may violate the intellectual and industrial property rights belonging to SONA or third parties. If you commit any action that harms these rights and interests, you will be responsible for compensating SONA for the damages caused.
     
  • Do not introduce any software, malware, virus, or trojan into the Website that may cause damage or alterations in its operation or in the Service.
     
  • Do not use the Website to send spam or other unsolicited communications.
     
  • Avoid any conduct that may harm the interests of SONA or that is contrary to the law, morals, or public order.
     
  • In general terms, Users commit, among other things, not to alter or modify totally or partially the Platform, nor to bypass, disable, or manipulate its functions or services; to respect industrial and intellectual property rights and data protection regulations; not to use the Platform to insult, defame, intimidate, violate privacy, or harass other Users; not to impersonate other Users by using their access keys; not to introduce viruses, defective files, or any software that may affect the contents or systems of SONA or third parties; not to transmit mass or repetitive information to a group of people nor send third-party emails without their consent; and not to carry out advertising actions of goods or services without the prior consent of SONA.
     
  1. Liability
     

SONA will not be responsible for possible discrepancies between the instructions provided by the User to the Professional and the final result of the service, although you can contact SONA in case of any incidents. Additionally, SONA assumes no responsibility in relation to the following aspects, listed in an indicative but not exhaustive manner:

  • Use of the Service in a manner contrary to these Conditions and Terms of Use, as well as any fraudulent, inappropriate, or illegal use.
     
  • Temporary alterations or interruptions of the Service due to failures in the network, server, or other technological resources that affect the continuity of the Service. In such cases, SONA commits to resolving the problem as soon as possible, doing everything reasonable to keep the Website operational, without assuming responsibility for incidents recorded in this regard.
     
  • Unauthorized access by third parties to the platform, whether due to lack of diligence in the custody of the access keys by the User or due to violation of the security measures implemented by SONA.
     
  • Access and use of the Website, as well as the associated risks, are the exclusive responsibility of the User. SONA does not guarantee the continuous availability of the Website, its security, or the absence of anomalies. In accordance with Article 17 of Law 34/2002 on Information Society Services and Electronic Commerce, SONA is not responsible for the content of websites linked from its Website, nor is it aware of their conditions of use, so access to such sites is under the exclusive responsibility of the User. These links do not constitute a recommendation, suggestion, or promotion of the linked sites, nor do they imply any relationship between SONA and their owners. If the User considers that any of the contents on the Website or on linked sites violates the rights or interests of third parties, they can communicate this to SONA at legal@sonahealth.es or by phone at (+34) 623 368 418.
     
  • SONA is not responsible for the costs or inconveniences derived from the cancellation of the service by any of the parties involved. If both parties wish and SONA considers it appropriate, SONA may act as a mediator in the resolution of disputes.
     
  • Any error in the data provided by the Client in their request, or in the budget made by the Professional, will be the exclusive responsibility of these, exempting SONA.
     
  • SONA has official complaint forms available to consumers in the languages of the countries where it operates. Users wishing to access one of these forms can contact SONA at legal@sonahealth.es.
     
  • No warranty. SONA does not offer guarantees regarding the authenticity, accuracy, timeliness, reliability, legality, or absence of infringements of third-party rights by the Professionals. Users understand that SONA is a technological platform that functions as an intermediary, connecting Clients and Professionals, without assuming responsibility for the information provided by the Professionals nor for possible damages or losses due to non-compliance with these General Conditions of Use.
     
  • SONA does not guarantee the availability of the Professionals, the established prices, or the provision of their services, and does not verify the identity or background of the Professionals. However, SONA may carry out additional checks or implement procedures to help confirm the identities of the professionals, such as in the case of verified profiles. The registration of a User as a Professional means only that they have completed the registration process and have accepted the General Conditions of Use and any other applicable conditions; it does not imply any certification or guarantee of their reliability, suitability, or safety.
     
  • SONA is not responsible for possible thefts or economic damages by the Professional and recommends that Clients always use common sense and pay attention when selecting a Professional. As members of the Platform, Users accept that any legal liability they wish to exercise as a result of actions or omissions of other Users or third parties will be limited to these Professionals, without proceeding with any action of liability against SONA.
     
  1. Messages through the platform
     

9.1 Messaging Service. The messaging service between Users aims to facilitate the exchange of information related to the contracted services or those that are desired to be contracted, in accordance with these Terms and Conditions.

Users must refrain from sending messages or content that includes advertising, spam, viruses, malware, or malicious software, mass messages, or texts that are contrary to morals and public order, including those of a sexual nature. Sending defamatory, insulting, unlawful messages, or messages containing personal information of the User for unauthorized purposes on the Platform is also not allowed.

The Platform may use algorithms that automatically detect any misuse of the messaging service by Users. If such a message is identified, it may be automatically blocked so that the recipient does not receive it, and the Platform may initiate an investigation to determine if there has been an infringement. The offending User will be notified of their breach of the Conditions of Use, and, if they persist in their conduct, the Platform reserves the right to deactivate their account.

9.2 Reviews. Users can write reviews or ratings only if they have contracted a service through the Platform. These ratings must be honest and fair, prohibiting any type of insult or false content.

The Platform does not review User ratings before publication. Therefore, if a User or Professional considers that they have received a rating that violates these Terms, they should contact SONA. SONA has the authority to remove any rating that violates these norms and may restrict access to the Platform for the User or Professional who has committed, in the opinion of SONA, an infringement.

  1. Intellectual and Industrial Property
     

The intangible assets related to the Website are protected by intellectual and industrial property rights and belong to SONA or third parties. All domain names, trademarks, distinctive signs, and logos that appear on the Website are owned by SONA or third parties and cannot be exploited without the express consent of their owners. Likewise, all content, including texts, videos, graphics, infographics, images, and the design of the Website, as well as the software in its source code and object versions, are the exclusive property of SONA or third parties, and Users are not authorized to exploit them in any way, except in cases expressly permitted in this section.

The contracting of any Service does not imply the transfer of intellectual or industrial property rights to the User, but only a limited right of use and display in the context of using the Website. Any commercial use, resale, distribution, modification, or marketing of the contents of the Website or the software without the prior and express authorization of SONA is strictly prohibited.

  1. Duration and Termination
     

The continuity and availability of the Website are planned indefinitely. However, SONA reserves the right to temporarily suspend or definitively terminate the provision of the Services or access to them through the Website at any time, informing you in advance if SONA considers it appropriate. If you breach any of the provisions established in these General Conditions, SONA may terminate its relationship with you at any time and without prior notice, reserving the right to undertake the corresponding legal, civil, or criminal actions.

  1. Suggestions, Complaints, and Claims
     

You can send suggestions and comments, as well as submit complaints or claims, through our email legal@sonahealth.es or by using our postal address. We have official complaint forms available to consumers and users, which you can request by sending an email to legal@sonahealth.es. In the event of a complaint, the User must indicate in the email the exact location of the place where the Service was provided. Complaints and claims will be attended by our customer service in the shortest possible time.

  1. Regulations and Jurisdiction
     

These General Conditions are governed entirely by Spanish legislation. The language of writing and interpretation of this document is Spanish. This document will not be individually archived for each User but will remain accessible online on the Website www.sonahealth.es or its applications.

Both parties agree to submit to the jurisdiction of the Courts and Tribunals of Madrid according to the applicable procedural distribution rules. In compliance with Regulation (EU) No. 524/2013, of May 21, we inform you that you can access the European Commission's online dispute resolution platform via the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.