HealthiHabits Pre-Release Terms and Conditions

PRE-RELEASE.  This app is a pre-release version.  It may not work the way a final version will.  HealthiHabits may change it for the final, commercial version.  HealthiHabits also may not release a commercial version.

1.        Scope and Definitions

These Terms and Conditions (“Terms”) shall apply between HealthiHabits AB, org. nr. 559072-7185, (”HealthiHabits”) and you, an End-User, when you use the mobile application provided by HealthiHabits (“App”). Note that the App is currently provided as a pre-release version.

“you” means the individual end-user using the Service offered via the App.

“End-User Account” means the account that you create in the App.

“Material” means any information that you publish, transmit or upload to the Service, including but not limited to text, pictures, videos or links and data entered upon the creation of an End-User Account.

“Service” means such functionality of the App which HealthiHabits from time to time offers to its End-Users.

“App” means the mobile application created by HealthiHabits which is available on Android and iOS for end-users to download.

2.        Acceptance of Terms

2.1     You may only use the App if you accept these Terms. By creating an End-User Account or using the App you accept these Terms. If you do not accept the Terms, do not use the App.

2.2     You need to create an End-User Account in order to get access to the Service. You are responsible for providing accurate, current, and complete information in connection creating such account.

2.3     HealthiHabits reserves the right to, in its sole discretion, deny the registration of an End-User Account and consequently the use of the Service.

2.4     HealthiHabits reserves the right to modify these Terms at any time in its sole discretion. HealthiHabits will notify you by e-mail 30 days in advance of any changes taking effect and also post the updated terms in the App. Your continued use of the App after such notification constitutes your agreement to the updated terms. If you do not agree to these Terms or any updated terms, you may not use the Service or the App. The End-User is required to stay updated in regards to the current Terms applicable at the time of accessing tihe App.

2.5     You acknowledge and agree that the App and the Service is a pre-release version and therefore is provided as-is with all faults in accordance with these Terms.

2.6     The Service is only available to individuals who can enter legally binding contracts. Consequently, the Service is not available to anyone under the age of eighteen (18) years old unless agreed to by a parent or legal guardian.

3.        The Service

3.1     The purpose of the App is to facilitate the communication and interaction between End-Users wishing to participate in discussions around health and medical conditions.

3.2     The form and nature of the Service might be extended or reduced in the future. Information about any updates to the Service will be provided through the App.

4.        Feedback

4.1     If you give feedback about the software to HealthiHabits, you give to HealthiHabits, without charge, the right to use, share and commercialize your feedback in any way and for any purpose.  You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a HealthiHabits software or service that includes the feedback.  You will not give feedback that is subject to a license that requires HealthiHabits to license its software or documentation to third parties because we include your feedback in them.  These rights survive the Terms. 

5.        Updates and Subsequent Releases

5.1     HealthiHabits may from time to time modify the form and nature of the Service, parts of the Service or additional Service without prior notice. If the End-User does not accept the proposed modification or amendment, the End-User may terminate his/her End-User Account.

5.2     You acknowledge and agree that the Service may change substantially prior to commercial release and that presently available services and functionality may not work with subsequent releases. These Terms do not provide any rights with respect to subsequent pre-release or commercial versions

6.        End-User Account

6.1     In order to prevent any unauthorized activity under the End-User Account, you shall maintain confidentiality of account details such as passwords and other important information provided by HealthiHabits in relation to your End-User Account. Since health information about you and potentially other end-users is available in the App it is important that you contact HealthiHabits if you suspect that a third party has obtained access to your End-User Account.

6.2     If HealthiHabits suspects that someone unauthorized has obtained or may obtain access to an End-User Account password, HealthiHabits may disable access to such End-User Account. HealthiHabits may also disable access to an End-User Account when it is suspected that an end-user has violated any provisions of the Terms or other HealthiHabits guidelines. 

7.        Confidential Information

7.1     The App, including its user interface, features and documentation, is confidential and proprietary to HealthiHabits and its suppliers.

7.2     Before the commercial release of the App, you may not disclose confidential information to third parties. You may disclose confidential information to third parties only if you obtain prior written consent from HealthiHabits.  Your obligation to protect confidential information survives these Terms.

7.3     Confidential information does not include information that becomes publicly known through no wrongful act or which you received from a third party who did not breach confidentiality obligations to HealthiHabits or its suppliers.

8.        Support

8.1     HealthiHabits is not obligated to provide maintenance, technical support, updates, or other support for the pre-release version of the App or the Service. 

8.2     If you discover default or disorder in relation to the Service or the App, you shall notify HealthiHabits using the contact details below.

9.        Terms Applicable to End-Users Using iOS

9.1     You acknowledge and agree that Apple Inc. and Apple’s subsidiaries are third party beneficiaries of the Terms, and that, upon the your acceptance of the Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against the you as a third-party beneficiary thereof.

9.2     Apple Inc. will not provide any support.

9.3     IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE SOFTWARE INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, STAGECAST, NOT APPLE INC., WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.

9.4     APPLE INC. WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER OR OBLIGATION TO PAY DAMAGE UNDER THE TERMS.

10.    End-User´s Liability

10.1  You may only use the Service for purposes that are permitted by applicable law, regulations, or these Terms. You may not use the Service in a way that causes HealthiHabits or other third party harm. If you become aware of the Service being used in violation of the Terms, you shall immediately terminate such use and inform HealthiHabits of the violation.

10.2  In relation to HealthiHabits, you are solely responsible for all Material communicated or transmitted through the Service and the App.

10.3  You are not permitted to assign or otherwise transfer his/her rights and obligations under these Terms.

10.4  In the event a photo that you wish to post depicts one or more individuals, it is your responsibility to ensure that you have collected the consent by such individual(s) prior to your posting of the photo.

10.5  You specifically agree not to communicate or publish Material that infringes or violates someone else’s right (copyright, trademark or other intellectual property right), that may violate the integrity of, intimidate or offend another person, that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination, racial agitation). You may not use any part of the Service for solicitation or marketing purposes.

10.6  You are solely responsible for not infringing HealthiHabits’ or a third party´s copyright or other intellectual property right.

10.7  You shall indemnify and hold harmless HealthiHabits from any direct or indirect claim made by a third party arising out of your use of the Service. This means that if you or someone acting on your behalf should cause HealthiHabits, other end-users or a third party damage, you shall indemnify and hold harmless HealthiHabits from any such claim.

10.8  You warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.

10.9  HealthiHabits reserves the right to, without prior notice and without compensation, remove any material that HealthiHabits finds obscene, contains inappropriate material and/or in any other way should violate the Terms, applicable laws and/or infringes someone else´s intellectual property rights. HealthiHabits reserves the right to immediately terminate the End-User Account, the App or the Service in accordance with the provisions above, without liability for any damages in relation to you.

11.    Disclaimer of Warranty

11.1  The App and the Service are provided “as-is” and you bear the risk of using it. HealthiHabits gives no express warranties, guarantees or conditions. You may have additional consumer rights under applicable local laws which this agreement cannot change. To the extent permitted under applicable local laws, HealthiHabits excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

12.    Limitation of Liability

12.1  You are aware of the fact and accepts that system down time, system disruption and system disorders in relation to HealthiHabits data systems or data networks might occur from time to time. You are further made aware that the Service quality is affected by the quality of networks, internet suppliers and third parties´ server and data performances. HealthiHabits does not warrant or guarantee certain accessibility in regards to the Service or the App.

12.2  HealthiHabits is not liable for any direct or indirect loss or damage including but not limited to loss of profit, loss of savings, loss of potential agreements and loss of data. If applicable local law allows you to recover other damages from HealthiHabits even though we do not, HealthiHabits’ aggregate liability with respect to the Service and/or the App shall be limited to direct damage and not exceeding 50 SEK.

13.    Force majeure

13.1  HealthiHabits is in no event liable for damage, loss or inconveniences due to circumstances beyond HealthiHabits reasonable control. This includes but is not limited to fire, explosion, war, flooding, default or deficiency in telecommunication and data communication, weather conditions, the quality of the networks, operations by internet service providers, third parties’ servers, data performance, labor disputes or regulatory actions.

14.    Intellectual Property Rights

14.1  HealthiHabits owns all rights to the App and the Service including all intellectual property rights such as copyrights, trademarks, patents, design and know-how which subsist in the Service or the App.

15.    Personal Data

          Collection

15.1  To create an End-User Account, you need to provide a valid e-mail address and you may (this is optional) also provide other personal data about yourself. By providing health data (sensitive personal data), you consent to HealthiHabits processing of such sensitive data as described in these Terms.

15.2  The personal data that you may provide include: name, address, gender, pictures, date of birth, goals, type of user, weight, height, health conditions and information associated with the health conditions, medications, clinic, microbiome information and genetic bio factors.

15.3  You can choose to create the End-User Account using Facebook or Google log-in. If you choose to do this, the App will collect name and profile information from these social platforms.

15.4  The App can be used to collect information from other apps that you are using, such as Apple Health, Android Health or Runkeeper. This is optional and something that you need to opt-in for. The information collected is for example step tracking, medication, fitness information and goal settings.

15.5  The Material that you post using the Service is personal data as it relates to you and your End-User Account.

          Purpose

15.6  The e-mail address is used to create an End-User Account and to communicate with you outside the App and to provide you with information of new releases and other information relating to the App and the Service.  

15.7  Personal data that you choose to provide may be visible for other end-users in order for you to connect with other end-users with similar goals, health conditions etc. You can set your profile to be public or not in the End-User Account preference settings.

What We Do With Your Data

15.8     HealthiHabits does not share your personal data without your permission. You decide whether or not to share your personal data with other end-users.

15.9     HealthiHabits is the personal data controller regarding personal data that you provide when you create an End-User Account. Each end-user is the personal data controller for personal data included in its Material.

15.10  HealthiHabits may share anonymous data or aggregated data with third parties to enhance your experience of the App.

15.11  If you have questions regarding the processing of personal data or purpose of processing personal data you may contact HealthiHabits using the contact information below. 

End-User Rights

15.12  Once per calendar year, you are entitled to obtain information about your personal data stored and handled by HealthiHabits at no cost. The request must be in writing and addressed to HealthiHabits, on the address below, and must be signed by you.

15.13  HealthiHabits takes all reasonable steps to ensure that your personal data is correct and up-to-date. If you believe that your personal data stored by HealthiHabits is incorrect, you shall notify HealthiHabits and provide it with correct data in order for HealthiHabits to rectify and up-date your personal data. You can also correct and up-date some of the personal data provided by you directly in the End-User Account settings. HealthiHabits kindly asks you to up-date your personal data if needed. 

Withdrawal of Approval

15.14  You always have the right to withdraw your approval to HealthiHabits’ processing of your personal data. In such case, the effect may be that you can no longer use the Service. HealthiHabits will then stop processing your personal data and may delete your End-User Account.

16.    Termination

16.1  These Terms terminate upon the release of a subsequent version of the App such as when HealthiHabits releases a full version of the App. HealthiHabits may terminate these Terms in writing at any time, with or without cause.  Upon the termination of these Terms, your rights hereunder shall immediately cease.

16.2  HealthiHabits may terminate the access to the Service and App at any time and without providing any reason to or notice thereof. HealthiHabits may also terminate individual end-users access to the Service and App. You may stop using the App and also terminate your End-User Account at any time.

17.    Dispute

17.1  The interpretation and application of the Terms shall be done according to Swedish law. Any dispute regarding the Service or the App shall be settled in Swedish courts, with the Stockholm city court (Stockholms tingsrätt) as the court of first instance.

18.    Contact Details

HealthiHabits AB

H2 Health Hub

Hälsingegatan 45

113 31 Stockholm

 

info@healthihabits.co

 

Powered by Agile