Terms and Conditions (07.20.2023)
These Terms of Use (this “Agreement”) is a legal agreement between you (“you”) and Helactively (“Company, ” “we” or “us”) for use of the Healactively mobile application, the website (Healactively.com), the servers used by the application, the computer files stored on such servers, and all related services, features and content offered by the Company (collectively, the “App”).
1 Acceptance of Terms
By accessing this website hosted in Healactively.com, by creating an account or accessing or using the Healactively app, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and using the app. The materials contained in this web site are protected by applicable copyright and trade mark law.
We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
2 Medical services disclaimer
Healactively is not a licensed medical care provider and the app is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition.
Please consult with a licensed physician or other qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety or that of your family or fetus. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the app.
You should not do the Healactively program under these conditions:
Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. If you think you have a medical emergency, call 911 or 112 or go to the nearest open emergency room immediately.
3 Registration and eligibility
To use the App, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, gender, birth date, and e-mail address. This information will be held and used in accordance with our privacy policy (“Privacy Policy”). You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly after it changes.
To create an Account and access the App, you must be at least 18 years old and not barred from using the App under applicable law.
4 Your use of the App
Any content you submit through the App is governed by the Company’s Privacy Policy. To the extent there is an inconsistency between this Agreement and the Company’s Privacy Policy, these Terms shall govern. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
a. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
b. modify, reverse engineer, decompile or disassemble the App;
c. copy, adapt, alter, modify, translate, or create derivative works of the App without written authorization of the Company;
d. permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
e. circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
f. use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
g. use or access the App to compile data in a manner that is used or usable by a competitive product or service;
h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
i. use your Account to engage in any illegal conduct;
j. upload to transmit any communications that infringe or violate the rights of any party;
k. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Company’s Privacy Policy; or
l. upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
Any such forbidden use shall immediately terminate your license to use the App.
5. Export and economic sanctions control
The software that supports the App may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
6. Limited license to the App
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement.
All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to support@healactively.com
7. License to User Content
The App enables you to input personal notes, share your stories, and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share or log in the App.
By providing your User Content to the App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company’s promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to company with the terms described in this Agreement.
The Company reserves the right to review all User Content prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
8. Use at your own risk
Our goal is to help make certain health-related information more readily available and useful to you, however, the App cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device.
9. Subscriptions
Healactively subscription. We offer subscriptions that grant you access to the App’s special features and content, including, but not limited to, personalized insights based on your behavior and exercise patterns, tools for tracking your progress, body measurements and physical activity. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Healactively regarding future functionality or features.
Billing. You may purchase Healactively subscription either through the mobile application or through Healactively website. If you choose to purchase the subscription via the application, payment will be charged to your credit/debit card through your iTunes Account or Google Play account after you choose one of our subscriptions and confirm your purchase. Otherwise, the payment will be charged to your credit/debit card or PayPal account after you choose one of our subscriptions on the website and confirm your purchase.
Renewal and Cancellation. Your paid subscription will automatically renew at the end of the applicable subscription period, unless auto-renew is turned off or unless you cancel your subscription no later than 24 hours before the end of the subscription period. You can cancel your subscription any time in the Manage Subscriptions section of your account settings. Should you have any concerns, please contact our support team at support@healactively.com for instructions on how to cancel.
Please be aware that your purchased subscription does not cancel automatically if you delete the App. You should cancel the subscription before deletion of the App.
Changes. We may from time to time make changes to our subscription options, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use our subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription no later than 24 hours before the end of the subscription term. Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
10 Refund policy - cancellation during cooling-off period
Please note: This section relates only to subscriptions purchased through our website. If you purchased your subscription via the App Store or Google Play, please reach out to the App Store or Google Play support accordingly.
Some countries have statutory provisions that enable customers to request a cancellation and refund during the so-called “cooling-off period”, and we respect your rights in this regard. The terms differ from state to state and between countries, but please find some examples below.
If you reside in California or Connecticut and cancel your subscription at any time prior to midnight of the 3rd business day after the purchase date, we will refund your payment. Our indicated periods may change while under the applicable law. Your applicable legislation always prevails here.
If you are an EEA or UK resident, you have the right to cancel your subscription and request a refund without giving any reason within 14 days from your purchase date, unless you consent to the immediate start of your subscription. When you purchase your subscription and start using it, you expressly consent to the immediate start of the subscription and acknowledge that you will not be able to withdraw from the contract and receive a refund once our servers validate your purchase and the applicable digital content is successfully delivered to you. Therefore, you will not be eligible for a refund, unless the digital content is defective.
If you do not agree to start your subscription immediately following your purchase, please contact us at support@healactively.com
EU / UK NOTE: INFORMATION ABOUT THE RIGHT OF WITHDRAWAL
If you haven’t consented to the immediate start of your subscription, you still have the right to withdraw from it. Details on how to exercise your right of withdrawal are below.
You have the right to withdraw from your purchase agreement within 14 calendar days without giving any reason.
The withdrawal period will expire after 14 calendar days from the day of purchase.
To exercise the right of withdrawal, you must inform us,
e-mail: support@healactively.com
of your decision to withdraw from a purchase agreement by an unequivocal statement (e.g. email)
To meet the withdrawal deadline, it is sufficient for you to contact us concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Please note that some items are non-refundable:
lifetime subscription;
gift card purchases;
You lose your right of withdrawal in respect of the above items if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
11. Account security
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your App’s account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitory, and control access to and use of your App account; (3) promptly inform Healactively if you believe your account has been compromised or if there is any other reason you need to deactivate your account. Send us an email at support@healactively.com. You grant Healactively and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. Healactively cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the App, and shall not be responsible for any losses arising out of the unauthorised use of your account or information resulting from you not following these rules.
12. Warranty disclaimer
The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.
The app is provided “as is”, “as available” and is provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law. the company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the app will be secure or available at any particular time or location; (b) any defects or errors will be corrected; © any content or software available at or through the app is free of viruses or other harmful components; or (d) the results of using the app will meet your requirements. your use of the app is solely at your own risk. some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you.
13. Limitation of liability
In no event shall the company, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of this app. in no event will the company’s total liability arising out of or in connection with these terms or from the use of or inability to use the app exceed the amounts you have paid to the company for use of the app or one hundred dollars ($100) if you have not had any payment obligations to the company, as applicable. some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you. the company, or any third parties mentioned on the app are not liable for any personal injury, including death, caused by your use or misuse of the app.
14. Use of mobile devices
Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
15. Third Party Services
The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.
16. Your feedback
We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
17. Enforcement rights
We are not obligated to monitor access or use of the App, however, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the App or access to App at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.
The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.
18. Changes to the App
From time to time and without prior notice to you, we may change, expand and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
19. Indemnity
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
20. Miscellaneous
Any dispute arising from this Agreement shall be governed by the laws of Switzerland in the Canton of Zurich without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE CANTON OF ZURICH AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.
We may refuse service, close Accounts, and change eligibility requirements at any time.
21. Notice and takedown procedures
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., App page) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury, ” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
Questions and comments
If you have any comments or questions on any part of the services or any part of these Terms of Use, please feel free to contact us at support@Healactively.com
Terms
Permission is granted to use the materials on Healactively web site or App for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a) modify or copy the materials.
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
c) attempt to decompile or reverse engineer any software contained on Companies web site.
d) remove any copyright or other proprietary notations from the materials.
e) transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any copied/downloaded materials in your possession whether in electronic or printed format.
Disclaimer
The materials on Companies web site are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Companies Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on Companies web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.
External Links
Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user's own risk.
Site Terms of Use Modifications
Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to Companies web site shall be governed by the laws of the Canton of Zurich Switzerland without regard to its conflict of law provisions.
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