Terms and conditions of use

1. Definitions

Livo Health, SL is a limited liability company registered with the Registro Mercantil de Barcelona (Barcelona Companies Register) at Volume 48724, Folio 82, Section 8, Register Sheet: 593901, with CIF B 44862860 and registered office at c/ Ciudad de Balaguer, número 50, 4to 3era (Barcelona).

The Company is a technology company whose main activity is the development and management of a technology platform that acts as a point of contact between companies in the healthcare sector and job seekers holding a nursing qualification.

«Livo Platform»means the website www.getlivo.com, the Livo app or any medium through which the Company's services are accessed.

«Candidate(s)»means individual users who use the Company's services and access the Livo Platform.

«Company/Companies» (Empresa/s) means the healthcare sector companies that use the Livo Platform to offer work shifts to nurses seeking employment.

2. Scope of application

These Terms and Conditions of Use govern the conditions of access to and use of the services available on the Livo Platform by Candidates.

These Terms and Conditions of Use, the Legal Notice and the Privacy and Cookie Policy available on the Livo Platform constitute a binding agreement between Livo Health, SL and Candidates.

By accessing and using the services, the Candidate confirms that:

• They have carefully read these Terms and Conditions of Use, the Legal Notice and the Privacy and Cookie policy
• They accept and will comply with all the Terms and Conditions of Use
• Any information they provide to the Company is correct and accurate

Some services and features of the Livo Platform may be subject to additional specific conditions which, once accepted by Candidates, replace, supplement and/or amend these Terms and Conditions of Use.

3. Conditions of access to and use of the Livo Platform

Access to and use of the Livo Platform is entirely voluntary and is carried out under the sole responsibility of Candidates.

Registration is not required in order to browse the Livo Platform and view its content. However, access to and use of certain features (applying for shifts, applying for job offers, and so on) requires prior registration as a Candidate.

The information the Candidate provides in order to register must be complete, truthful, lawful and accurate, and must be kept up to date at all times. The Candidate is solely responsible for immediately notifying any change to the information supplied. Personal data will be processed in accordance with the Privacy and Cookie Policy available on the Website.

Candidates are responsible for the proper safekeeping and confidentiality of the identifiers, access keys and passwords supplied to them or created by them during the registration process. They undertake not to allow or transfer their use to other people. The Company shall not be liable for:

• The use by any third party of the Candidate's identifiers, access keys or passwords
• Actions carried out by unauthorised third parties until the Candidate gives notice

In the event of unauthorised access, the Candidate is responsible for giving immediate notice so that cancellation can be carried out.

Access to restricted areas and the use of services carried out under a Candidate's password shall be deemed to have been carried out by that Candidate, who shall be answerable for such access and use.

Suitability will be assessed objectively, taking into account the training, experience, competencies, ratings and other information provided by the Candidate or gathered. The Company is not obliged to justify the rejection of an application or to issue reports on it, without prejudice to the Candidate's rights regarding the protection of personal data.

The Company reserves the right to accept or reject any application received, based on the assessment of the Candidate's suitability for the required profile. Registering on the Livo Platform does not guarantee the assignment of work shifts or job offers.

The Company guarantees Candidates equal treatment and equal opportunities. No application will be excluded on grounds of sex, gender, age, sexual orientation, marital status, religion, beliefs, disability, racial or ethnic origin, nationality or any other legally protected personal or social circumstance.

4. Description of the services available on the Livo Platform

Through the Livo Platform, the Company offers registered companies a technological tool that allows them to make contact in order to offer work shifts («the Shifts») and job offers («the Offers»). The Livo Platform is a meeting point where Companies requiring certain services to be performed can contact Candidates who are interested in carrying out Shifts or taking up Offers in exchange for financial compensation, on the terms agreed directly between the Company (Empresa) and the Candidates.

Companies are fully responsible for the Shifts and Offers they publish through the Livo Platform. The Company (Empresa) is directly responsible to Candidates for payment of the Shifts on the agreed terms.

Companies are aware that hiring for the Shifts and Offers published may be subject to compliance with certain administrative requirements and legal obligations for which they are responsible. It is expressly noted that hiring Candidates may entail registering them with the Régimen General de la Seguridad Social (the Spanish general social security scheme), entering into an employment contract, paying contributions, and so on. Compliance shall fall solely and exclusively under the responsibility of the Company (Empresa), which shall be fully liable for the potential consequences and penalties arising from any failure to comply.

By expressly accepting the Terms and Conditions of Use, Companies have released the Company from any liability that might arise from a failure to comply with those administrative requirements and legal obligations.

Services the Company provides to the Candidate:

• Free registration of the Candidate on the Livo Platform through the sign-up process
• Services and tools for managing their job search through the Livo Platform
• Other services the Company may create and consider to be of interest to candidates, such as advice, training, a professional network, forums, access to news, and so on
• Handling Candidates' claims in the exercise of rights to which they may be legally entitled

5. General obligations of Candidates

On signing up, Candidates undertake to make diligent use of the Livo Platform and of the services accessible through it.

Candidates may access Shifts and Offers through the means and procedures provided on the Livo Platform and exclusively for the purposes and on the terms on which they have been made available to them.

Candidates expressly undertake not to carry out any action intended to bypass or attempt to bypass the Company's intermediation throughout the process of accepting a Shift or Offer.

The Company may verify that Candidates are not attempting to bypass its intermediation and, if that is the case, may claim from the Candidate compensation for the damages caused, on any basis, including all types of overheads, industrial profit, direct and indirect costs, as well as cancel the Candidate's account.

Candidates are answerable for the truthfulness and accuracy of the data provided during the registration process. It is strictly prohibited to create false Candidate profiles or impersonate other Candidates in order to circumvent the restrictions or requirements of the Livo Platform, as well as to imitate or falsify other Candidates' affiliation.

Candidates expressly authorise the Company to contact and request employment references from their previous employers, supervisors or professional contacts, in order to verify the information provided and assess their suitability for shifts and offers. This authorisation includes the possibility of gathering information about performance, attitudes, competencies and relevant employment history. They undertake to provide, when required, the contact details of their most recent employers or of people who can give reliable professional references.

All information gathered will be treated confidentially and in accordance with current personal data protection legislation, and will be used exclusively for purposes relating to these terms and conditions.

A Candidate who has applied for a Shift must, within a maximum of 6 hours from the moment the offering Company confirms its decision to hire them, confirm acceptance of the proposal and provide the documentation and information needed to formalise their engagement.

Candidates acknowledge that:

(i) They have the professional capabilities necessary to provide the services requested, including any qualification, professional registration, licence, authorisation, insurance or permit that may be required for that purpose.

(ii) They are not subject to any incompatibility limiting or preventing their capacity to provide the services requested, such as receiving public or other benefits or allowances that are incompatible with receiving the financial compensation arising from providing the Services requested.

(iii) In the case of foreign nationals from outside the EU, they hold the necessary valid work permit in accordance with Spanish legislation.

Candidates are subject to the other obligations and prohibitions set out in the Legal Notice available on the Website.

5 bis. Work involving regular contact with Minors

For Shifts that involve providing services in regular contact with minors, Livo and/or the Company (Empresa) may, in compliance with Ley Orgánica 8/2021 of 4 June on the comprehensive protection of children and adolescents against violence, require the prior submission of a Certificado Negativo del Registro Central de Delincuentes Sexuales y de Trata de Seres Humanos (a clear certificate from the Spanish central register of sexual offenders and human trafficking), or an equivalent valid document, for all Professionals and Volunteers who are to take part in those Shifts.

Failure to provide this certificate within the required period will prevent participation in the Shift and may lead to its cancellation, as well as the temporary or permanent suspension of the Candidate's profile on the Livo Platform, in accordance with section 12.

The Candidate undertakes to provide an up-to-date copy of that certificate when requested and expressly authorises the Company to gather and/or verify, directly or through the Company (Empresa), the information strictly necessary to check its validity, all in accordance with applicable personal data protection legislation.

6. Obligations of the Company

The Company is not answerable for the truthfulness and accuracy of the Shifts that Companies offer through the features enabled on the Livo Platform.

Notwithstanding this, the Company undertakes to verify, with the means available to it and without prejudice to the personal and direct liability of Companies:

• The truthfulness of the Offers and Shifts published
• Compliance with the administrative requirements and legal obligations borne by Companies, in particular those relating to registration with the Régimen General de la Seguridad Social, entering into an employment contract and paying contributions

7. Procedure for accessing Shifts and Offers

Candidates may view the Shifts published by companies. Candidates must complete the Shift application form. Once the hiring process has been completed with one of the Candidates who applied, the Shift is deemed assigned.

In the case of Offers, candidates must complete the application. Once the process of completing the application for the Offer has finished, the Company (Empresa) will select candidates and make contact to move forward with the selection process, according to its own criteria and timescales.

8. Financial conditions

Signing up for and using the Livo Platform is entirely free of charge for Candidates.

9. Rewards for Shift applications, Shift acceptance and ratings

In order to encourage applications, the acceptance of Shifts and positive ratings from Companies, the Company may reward Candidates.

The Company will publish the rewards on its website and platforms. They may range from financial bonuses to payments in kind such as training and any others the Company decides on.

10. Exclusion of warranties and liability

The Company excludes any type of liability, generally, for the truthfulness, completeness, accuracy, lawfulness and/or reliability of the information published by Candidates on the Livo Platform.

Candidates shall be answerable to the Company for any lack of truthfulness, omission, inaccuracy and/or total or partial breach of any of the representations and warranties made under these Terms and Conditions of Use, and shall hold it harmless against any claim, judicial or extrajudicial, arising from that lack of truthfulness, omission, inaccuracy and/or breach.

Candidates expressly acknowledge that the Company is not a party to the legal relationship arising between them and Companies, and therefore excludes any liability for damages, losses, incidents or inconveniences of any nature that they may suffer as a direct or indirect consequence of it.

Candidates must hold harmless and, where applicable, compensate and indemnify the Company in respect of any claims, liabilities, penalties, damages, losses, expenses or any other items arising from any breach of these Terms and Conditions of Use.

11. Closing an account

Candidates may leave the Livo Platform at any time by completing the account closure form. Closure entails the cancellation of the Candidate's account and the loss of access to the services and features of the Livo Platform.

Closure does not invalidate any action carried out by the Candidate through the Platform before requesting it.

The Company reserves the right to keep the Candidate's records duly protected, solely for as long as is necessary to address any liabilities that may be legally enforceable.

12. Restriction, Suspension or Cancellation of the Account

12.1 Restriction

The Company reserves the right to restrict access to the Livo Platform and to limit the use of all or some of its services and features, for a period equivalent to 5 effective shifts, for those Candidates who cancel, without justified cause, their application for a Shift less than 72 hours before it starts.

Restriction means that the professional may only access the platform shift by shift, until completing a maximum of 5 shifts without unjustified cancellations. On the satisfactory completion of those shifts, the restriction is lifted automatically.

12.2 Suspension

The Company may suspend access to the Livo Platform and to all or some of its services and features for a period of between 1 and 6 months in the following cases:

• Where, having already been subject to a first restriction, the Candidate again cancels a Shift without justified cause less than 72 hours before it starts
• In the event of failure to attend a confirmed Shift without notice or justified cause (a «no-show»), suspension may be applied immediately and without the need for a prior restriction

12.3 Justifying cancellations

The following will be considered valid supporting documents, provided they are verifiable and submitted on time:

• A medical certificate or official document evidencing temporary incapacity
• Proof of hospital admission
• A medical appointment in the public health system or scheduled surgery
• Other duly evidenced causes that the Company assesses as justifiable

The following reasons will not be considered valid:

• A clash with a shift at the professional's usual place of work
• Undocumented personal reasons or reasons unrelated to serious medical causes

12.4 Deadlines and format for submitting supporting documents

• The supporting document must be sent through the channel provided by the Platform within a maximum of 24 working hours of the cancellation or incident
• The Company reserves the right to request additional information to verify the authenticity of the supporting document

12.5 Summary of penalties applicable for shift cancellations

12.6 Permanent cancellation of the account

The Company reserves the right to suspend, restrict, cancel and/or permanently terminate, without prior notice and at any time, access to the Livo Platform and the use of all or some of the services and features of the Livo Platform, adopting whatever technical measures are necessary for that purpose, where it is reasonably suspected that the Candidate is making abusive, excessive or inappropriate use of the Livo Platform, all without prejudice to any legal action that may be appropriate in each case to claim any damages that such a breach may cause the Company.

By way of example and without limitation, the following will be considered breaches entitling the Company to suspend or cancel the Candidate's account:

(i) Unjustified cancellation or no show

• During a period of restriction or after a temporary suspension, if the Candidate cancels a Shift again less than 72 hours beforehand and without justified cause, the Company may proceed to immediate suspension or permanent cancellation of the account, depending on how repeated and serious the breach is
• Failure to attend a confirmed Shift with no notice whatsoever and without providing valid justification, or the Candidate's failure to respond to attempts at contact by the Company or the facility, will be considered a «no show» and may lead to immediate suspension or permanent cancellation of the account

(ii) Failure to meet work commitments

• Repeated lateness at the start of the shift or leaving early without authorisation
• Accepting more shifts than can be fulfilled, causing cancellations or work overload

(iii) Insufficient performance and lack of professionalism

• Failing to meet the quality or performance standards required by the hiring Company
• Repeated breach of the hospital's protocols, safety rules or medical instructions
• An accumulation of blocks at several hospitals, raising doubts about their professional capability
• Unjustifiably refusing to carry out assigned tasks within their competencies
• Serious errors in administering medication or in medical procedures
• Lack of basic knowledge for the assigned post that puts patient safety at risk
• Turning up with hygiene or an appearance unsuited to the work environment

(iv) Inappropriate conduct

• Harassment, disrespectful behaviour or the use of offensive, discriminatory or violent language towards colleagues, hospital staff or patients
• Aggressive or confrontational attitudes in the work environment
• Excessive use of a mobile phone during the shift, affecting performance
• Taking excessive or unauthorised breaks, leaving the service unattended

(v) Lack of integrity and professional ethics

• Providing false, incomplete or out-of-date information about their training, experience or the documentation required
• Failing to provide the documentation required by the Company in the manner and by the deadlines required
• Improper use of the platform, including impersonation
• Using credentials to access restricted areas without authorisation
• Requesting unauthorised payments from patients or their families
• Being internal staff of the Company with alternative access to the shifts published

(vi) Safety and regulatory compliance

• Turning up for work under the influence of alcohol or drugs
• Improper or negligent use of medical equipment or hospital materials
• Breaching patient confidentiality or disclosing sensitive information without authorisation
• Refusing to use personal protective equipment (PPE) where it is mandatory
• Taking hospital materials or medication, amounting to theft or misuse of resources

In addition, a profile may be permanently blocked in cases where the Candidate's conduct or performance is seriously inadequate, directly and substantially compromising the quality of the service, patient safety or compliance with the essential rules established by the Platform or by the care facilities. This measure is adopted where the seriousness of the facts makes it impossible to maintain the professional relationship within the environment governed by the Livo Platform.

Any of the conduct described may lead to warnings, penalties or the temporary or permanent blocking of the Candidate's account on the Livo Platform, depending on the seriousness of the breach and/or how often it is repeated.

In all the above cases, the Company will assume no liability towards the Candidate for the suspension or cancellation of access decided by the Company using the Livo Platform.

13. Statements regarding the Candidate's health

The Company will not request, access or process information relating to Candidates' state of health, except in those cases where such processing is necessary to comply with legal obligations relating to employment and occupational risk prevention, and always in accordance with current legislation.

In compliance with Regulation (EU) 2016/679 (GDPR), Ley Orgánica 3/2018 (LOPDGDD) and article 22 of Ley 31/1995 on the Prevention of Occupational Risks, any health data that Companies might gather through the Livo Platform will require:

• Justification of its necessity in relation to the job offered
• The Candidate's express, freely given and informed consent
• And compliance with the confidentiality and security safeguards established by the applicable legislation

The Company will not be liable for any processing of health data carried out directly by Companies outside the legal framework described.

14. Updates and amendments

The Company reserves the right to update and amend these Terms and Conditions of Use, the privacy policy and the Cookie policy at any time and without prior notice, in order to adapt them to potential legislative developments and to the practices, usage and customs of the sector, and because of technical changes to the services and features of the Platform, without assuming any liability for doing so, while providing Companies with sufficient information about the Terms and Conditions of Use in force at any given time.

The Company must, where required by Law, obtain Candidates' acceptance of the Terms and Conditions of Use again.

In any event, the applicable Terms and Conditions of Use will be those published at the time of access to and/or use of the Livo Platform.

The Company does not guarantee the absence of interruptions or errors in access to the Livo Platform or its content, nor that it will always be up to date. However, provided there are no causes making it impossible or difficult to do so, and as soon as it becomes aware of errors, disconnections or a lack of updating in the content, the Company will carry out all work aimed at correcting the errors, restoring communication and updating the content.

15. Intellectual Property

All intellectual and industrial property rights included in the Livo Platform belong to the Company, which holds the exclusive right to exploit the intellectual property rights of the Livo Platform in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation.

Authorising Candidates to access the Livo Platform does not imply any waiver, transfer, licence or assignment, whether total or partial, of intellectual or industrial property rights by the Company. Removing, circumventing or manipulating the content of the Livo Platform in any way is not permitted.

16. Protection of Personal Data

The Candidate explicitly gives their approval and authorisation for the Company to use their personal information for the adaptation and transmission of data and for updates that are essential to optimise the quality of the Company's service. These will be communicated mainly by digital means (email, WhatsApp, SMS, among others).

In accordance with Ley Orgánica 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Candidate shall at all times enjoy the rights of information, access, portability, rectification, erasure, restriction of processing and objection. To exercise these rights, they may contact the Company by email at soporte-profesional@getlivo.com.

17. Governing law and jurisdiction

The Terms and Conditions of Use are governed by Spanish law, and any dispute concerning the validity, interpretation or performance of their provisions shall be submitted to the jurisdiction of the Courts of the city of Barcelona.