Terms of Use - UAE
TABLE OF CONTENTS
INTRODUCTION
Ultrahuman Healthcare SP LLC (a wholly owned subsidiary of Ultrahuman Healthcare Private Limited (India) is a company duly incorporated in Abu Dhabi having its registered office at 4th floor, Etihad Airways Center, Al Raha, Al Muneera, Abu Dhabi, UAE (“Ultrahuman”, “us”, or “we”). We own and operate the Ultrahuman mobile application (the “App”) and our website available at https://ultrahuman.com (“Website”) (the App and Website collectively, the “Platform”). The Platform is wholly owned, managed and operated by us.
Please read these Terms of Use carefully before using the Platform or any product or services offered by us (“Products and Services”). The Platform and Products and Services offered by us are made available to you in accordance with these Terms and Conditions, and any other rules posted on Website (collectively, the "Terms of Use"). By using the Platform, or any part of it, and any related service in any way, including (without limitation) downloading the App, visiting or browsing the Website, providing information and other materials or services on the App or the Website, you (the “user”, “you”, “yours”, “yourself”) agree to be bound by the Terms of Use, which constitute an agreement between you and us, and you warrant that you have the capacity and ability to agree to the Terms of Use and to carry out your obligations as set out in the Terms of Use. If you do not accept and agree to be bound by the Terms of Use, you must not register yourself on the App or Website and must not use any of our Products and Services.
You agree that the electronic format of the Terms of Use does not in any way affect their validity or enforceability and you agree that we may communicate with you electronically for all aspects of your use of the Platform.
In particular, we wish to draw your attention to our privacy policy found on our Platform (“Privacy Policy”). We reserve the right to only accept registration of, or provide our Products and Services to those over the age of 21 years. If you are under 16 years of age, you must let your parent or guardian know about our Privacy Policy before you access the Platform
We may modify the Terms of Use from time to time (effective immediately), so please check back often. If you do not agree to any change to the Terms of Use then you must immediately stop using the Platform. Your continued use of any of the Platform and/or any of our Products and Services signifies your agreement to and is deemed your acceptance of our modified Terms of Use.
OUR PRODUCTS AND SERVICES
- Our Products and Services are:
Digital Content App
- Currently under public beta version, you get access to a variety of Content in the genre of inter alia meditation, mindfulness, workout, bedtime stories, diet and exercise recommendations, health and mental wellbeing, metabolic education, etc., hosted and/or provided as part of the Platform.
- “Content” means all content, text, graphics, images, music, audio, video, works of authorship of any kind, software and information or other materials as provided by us from time to time via the App and or/ the Website for users’ personal use, and comprises both owned and third-party licensed content.
- We try to ensure that the information on the Platform is accurate and complete. We do not promise however Content is accurate or error-free and we make no representation or warranty of any kind with respect to the Platform or any Content.
- Opinions expressed on the Platform are the personal opinions of the authors and do not reflect our views. If you have a complaint about any such Content on the Platform, please email to us at feedback@ultrahuman.com.
- The personal opinions of the consultants, coaches, organisations, experts and any other third parties with whom we are associated in the provision of the Services are their own and do not necessarily reflect our views and we accept no responsibility for any such views expressed in any media.
Ultrahuman M1 Live
- Currently under the public beta version, this is this is one-time purchase or a paid- subscription based service. It seeks to enable the users to improve their diet and exercise based on glucose biomarkers. You may make a onetime purchase or subscribe for Ultrahuman’s M1 Live and, upon receipt of your payment, we will ship a third-party Continuous Glucose Monitoring (“CGM”) device (“Third-Party Device”) to you. Upon your receipt of the Third-Party Device, you need to follow the Third Party Device’s manufacturer’s instructions (which will accompany the shipment) to apply the CGM device sensor to your arm, and then follow our instructions to connect the sensor to our App, enable us to provide you with actionable health insights aimed at improving your metabolic health and fitness. CGM is typically shipped within 7 days from the date of receipt of order subject to stock availability. The estimated arrival or delivery date is not a guaranteed delivery date for your order, and you agree that we are not liable for late deliveries.
- Do note, we do not manufacture nor have any intellectual property or other rights, title, or interest in the Third-Party Device and all such rights, interests, and titles in such Third-Party Device vest strictly with the relevant manufacturer and its licensees. Please see the Third-Party Device’s packaging for more information in this regard. Some people may experience skin rashes or skin irritation at the CGM and/or patch site. Please work with your healthcare professional during the use of the CGM if you have sensitive skin or a skin condition or have suffered a skin injury as a result of use of the CGM. In case of any skin rashes, irritation, allergies or injuries as result of use of the CGM and/or patch, please inform us and/or your healthcare professional without delay.
- In the rare event that the Third-Party Device is accidentally damaged in transit to you, we will happily replace it with another unit of the same CGM device, provided the damage is notified to us within 48 hours of delivery of your Third- Party Device, via an email to feedback@ultrahuman.com with a picture of the damaged product.
- We do not accept any used CGMs unless they are (i) faulty, or (ii) accidentally knocked-off (only for UltrahumanX users), hence you may safely destroy or dispose off any used CGM in accordance with the instructions of the manufacturer for safe disposal as provided in the original box packaging of the manufacturer.
- You can have consultation with performance coaches via audio call or video call or chat on the Platform, when this feature is made available by us. Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice. In the event of unavailability of the expert or coach due to any reason, we will reschedule your appointment with prior notice to you.
- You understand and acknowledge that there will not be any physical examination involved in the provision of any of the Products and Services, and consultation services shall be provided remotely in accordance with these Terms of Use. Any opinion/recommendation delivered to you shall solely be based on the verbal communication between the concerned coach and you, and other information provided by you on the Platform.
- The Products and Services are not meant in any way for use in association with or for emergency or life-threatening conditions.
Ultrahuman M1 Live Lite
- Where Third-Party Devices or CGMs are not purchased from Ultrahuman but paired with the App by the Users, Ultrahuman provides such users with an option to avail the Ultrahuman Lite subscription. Kindly note, Lite is supported on select models of CGMs and may not be compatible or work with all CGMs. If you would like to inquire about the compatibility of your CGM with the Ultrahuman App, please don't hesitate to contact us at support@ultrahuman.com.
- Ultrahuman Lite is a paid subscription plan. Users will be required to pay the subscription fee in full at the time of purchase to avail this plan.
- Once a Third-Party Device not purchased from Ultrahuman is paired with the App i.e. in other words, activated by a User and such activation is detected by Ultrahuman, Ultrahuman will allow a limited 14 (fourteen) day trial period for the users to experience the App. Not all features may be made available to the Users during the trial period. After 14 days, users will be required to purchase Ultrahuman Lite plan to continue tracking their metabolism using the App.
- If users disagree with Ultrahuman's claim of detecting a Third-Party Device not purchased from Ultrahuman and can provide evidence of purchasing the device from Ultrahuman, they can contactcyborg@ultrahuman.com
Ultrahuman Ring
- The Ultrahuman Ring (“Ultrahuman Ring”) is a health and fitness tracking wearable device in a ring form that a user wears on his/her finger. The Ultrahuman Ring connects with the App to provide actionable insights to improve your metabolic fitness.
- Currently under the public beta version, this is one-time purchase product. We may introduce a paid-subscription based service as well in the future and we will inform you when we launch such a service. Interested purchasers may purchase the Ultrahuman Ring from anywhere in the world, subject to their verification that the Ultrahuman Ring can be imported and used in their country. For placing an order, shipping, delivery, returns, exchanges and refunds, please refer our Ultrahuman Ring Sales Terms as available on the Website and App which is incorporated herein by reference and shall be read together with these Terms of Use and Privacy Policy.
- Upon your receipt of the Ultrahuman Ring, you need to follow the instructions in the user manual accompanied in the shipment to activate the Ultrahuman Ring i.e. connect the Ultrahuman Ring to our App, to enable us to provide you with actionable health insights aimed at improving your metabolic health and fitness.
- Please work with your healthcare professional during the use of the Ultrahuman Ring if you have sensitive skin or a skin condition or have suffered a skin injury due to the use of Ring. In case of any skin rashes, irritation, allergies or injuries as a result of use of the Ultrahuman Ring, please inform us and/or your healthcare professional without delay.
- You can have consultation with performance coaches via audio call or video call or chat on the Platform, when this feature is made available by us. Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the Service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice. In the event of unavailability of the expert or coach due to any reason, we will reschedule your appointment with prior notice to you.
- You understand and acknowledge that there will not be any physical examination involved in the provision of any of the Products and Services, and consultation services shall be provided remotely in accordance with these Terms of Use. Any opinion/ recommendation delivered to you shall solely be based on the verbal communication between the concerned coach and you, and other information provided by you on the Platform.
- This Product and Service are not meant in any way for use in association with or for emergency or life-threatening conditions.
UltrahumanX
It is an extended coverage and special benefits program valid for a year from the time of purchase. It applies to both the main products of the Ultrahuman platform—Ultrahuman M1 and Ultrahuman R1. The members get the following privileges:
- Savings: By enrolling in the Ultrahuman X plan, you are entitled to certain discounts, as applicable, on every Ultrahuman M1 transaction, starting from your first purchase with UltrahumanX. These discounts cannot be clubbed with other discounts made available during special campaign or referral periods, i.e. in other words, there cannot be double discounting.
- Member-only Prices: As a member of Ultrahuman X, you will have access to exclusive member-only prices on all purchases throughout the year.
- Trade-in Value: This applies to R1 products only. When you choose to trade in your Ultrahuman R1 for the upcoming next-gen R1 products, you will receive enhanced trade-in value, providing you with more value for your existing product.
- Special Deals: Ultrahuman X plan members will be eligible for special prices on all special deals, allowing you to save even more on selected Products and/or Services. These special deals cannot be clubbed with other deals made available during special campaign or referral periods.
- Extended coverage: During your standard warranty, we extend the warranty to cover accidental damages, theft and loss on all Ultrahuman manufactured products only. Hence, it extends to the Ultrahuman Ring only. For validating the claims, please provide (1) proof of purchase of the Ultrahuman Ring, (2) any other relevant details to ensure the claimed product matches the one covered under warranty, (3) a police report providing an official record of the incident, including the date, time, and details of the loss or theft.
- Priority Support: Ultrahuman X members will receive priority support from our customer service team, ensuring prompt assistance and resolution for any queries or issues.
- Free, Express, and Hassle-Free Returns and Replacements: As an Ultrahuman X plan member, you will enjoy free, express, and hassle-free returns and replacements on eligible purchases, making your shopping experience smooth and convenient. Please see below how it works:
For Ultrahuman M1, where sensors are purchased from Ultrahuman, we will replace the sensors if the CGM sensor is accidentally damaged in transit to you or in the rare event that the sensor is faulty. No questions asked. For the avoidance of doubt, Ultrahuman Lite plan users are not eligible for this since they buy the sensors from the third-parties and such third-parties will be responsible for replacing sensors under their own respective replacement policies.
For Ultrahuman R1, depending on the issue, such as manufacturing defects, data inaccuracy, or wear and tear, as applicable, we may choose to repair or replace the product. The Ultrahuman R1 can be replaced one time under the annual UltrahumanX coverage.
Cancellation: We will issue a full refund if the plan isn’t used and the cancellation request is within 60 days of purchase. For all other cases, we will cancel your plan by the end of the term, which will be non-refundable.
Changes: Please note that these terms and conditions are subject to change, and the specific details of Ultrahuman X plan may vary based on the latest policies and guidelines.
FAQs: FAQs as mentioned on the website are to be referred for all policies and guidelines in respect of Ultrahuman X plan.
Membership Renewal: The Ultrahuman X plan is valid for a specific duration in select countries namely India and UAE. Membership renewal may be required to continue enjoying the benefits of the plan, and the renewal process and fees, if applicable, will be communicated to the member in advance.
UltrahumanX is available for purchase only to buyers in India and UAE. We will soon be extending this to other geographies. Once we do, we will inform you via your chosen mode of communication.
Non-transferability: The Ultrahuman X plan is non-transferable, and the membership benefits are exclusively for the registered member's use only. Unauthorised transfer or sharing of membership benefits may result in termination of the plan without refund.
Geographical Limitations and Non-Transferability of UltrahumanX Plans: UltrahumanX plans will be serviced only within the geographical region in which the original purchase of UltrahumanX plan occurred. The UltrahumanX plan is non-transferable across different geographical locations. Any claims, repairs, or servicing related to the UltrahumanX plan must be initiated and carried out within the same region as the original purchase. Transferring the UltrahumanX plan to another geographical location is not permitted and may result in the termination of the plan without any entitlement to a refund or coverage. It is the responsibility of the plan holder to ensure compliance with this geographic limitation.
Eligibility: The Ultrahuman X plan is available only to eligible customers as determined by Ultrahuman, and Ultrahuman reserves the right to verify the eligibility criteria at any time. Ultrahuman may, at its sole discretion, refuse or terminate membership for any reason, including but not limited to, violation of the terms and conditions, misuse of benefits, or fraudulent activity. Membership may be subject to age or residency restrictions.
Limitations and Exclusions: The Ultrahuman X plan benefits may have certain limitations, exclusions, or restrictions, which will be communicated to the member at the time of enrollment or as updated from time to time. It is the member's responsibility to review and understand the limitations and exclusions of the plan.
- Privacy and Data Protection: Personal information of buyers or users may be collected, used, and stored by Ultrahuman in accordance with Ultrahuman's privacy policy and applicable laws and regulations.
- We are in the process of adding and launching more products and services under our brand.
- Any other product or service that is made available by us in future shall be added to the Products and Services and also communicated to you via the email address you provide to us for communication purposes.
- We also in partnership with other third-parties launch premium fitness and wellness plans and programs from time to time. Existing users and new customers can participate in such plans and/or programs by paying a separate fee applicable for participation in such plan and/or program. Such plans and programs will also be governed by separate user terms and conditions applicable for such plans and/or programs in addition to this Terms of Use and any data collected and processed shall be in accordance with our Privacy Policy.
- Save and except where specifically provided in the terms of sale, please note that we do not provide any refunds of payments in respect of any of our Products and Services, and we may change or discontinue all or any part of the Products and Services, at any time and without notice, in our sole discretion.
- We may include hyperlinks or references on the Platform to other websites or resources operated by parties other than us, including where we do integrations with third-party devices such as including third-party CGM. We have not reviewed all of the sites linked to the Platform and we are not responsible for the content or accuracy of any off-Platform pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
ELIGIBILITY AND REGISTRATION
- To use the Products and Services or features made available to you on the Platform you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at feedback@ultrahuman.com. We may also change registration requirements from time to time.
- To register, you must be at least 21 years old. You must not have been previously suspended or removed by us or disqualified for any other reason, from availing the Products and Services. If you are under 21 years, you can only use our Products and Services under the supervision of your parent or legal guardian who is at least 21 years old, who in such a case will be deemed as the recipient / end-user of the Products and Services for the purpose of these Terms. Your parents or legal guardians are responsible for supervising, managing, and assisting you in using the Platform and only they can transact on behalf of you if they are registered users. Your parent/ legal guardian shall be responsible for your actions when you use our Products and Services. Your parent/ legal guardian shall enter into this Agreement on behalf of you and bind herself / himself in accordance with all terms and conditions herein. Your parent / legal guardian also consents to your personal information being taken as specified in Ultrahuman’s Privacy Policy. You are prohibited from purchasing any product and/or services the sale or purchase of which to/by minors is prohibited and which is for usage by adults only.
- You will need to create one password-protected account (“User Account”) which can be used for accessing and using our Service from time to time subject to payment of applicable subscription fees as per the subscription plan availed by you. To create a User Account, you must submit various personal information requested at the time of registration (“Registration Information”). This information will be held and used in accordance with our Privacy Policy. You may also opt- in to provide additional optional information, which is not required to register for a User Account but may be helpful to us in providing you with a more customized experience when using the Platform.
- At any time after registration, we reserve the right to suspend or terminate your User Account: (i) if any Registration Information or any information provided thereafter proves to be inaccurate, not current, or incomplete; (ii) if it is believed that your actions may cause harm or liability other users or to us; (iii) if you are found by us to be non-compliant with these Terms of Use; (iv) due to a change in applicable law necessitating suspension or termination of your User Account, and/or (iv) as otherwise as may be permitted in accordance with applicable law.
- You are responsible for safeguarding your User Account details and password and you are responsible for any activity that occurs under your User Account. You agree that you will not disclose your password to any third party. You shall notify us immediately in case of any breach of security or any unauthorized use of your User Account. Similarly, you shall never use another person’s User Account without their and our prior consent. You agree that you will not misrepresent yourself or represent yourself as somebody else. You hereby expressly acknowledge and agree that you will be liable for any losses, or damages (whether direct or indirect) caused to you, us, or any others as a result of unauthorized use of your User Account.
- Please refer to our Privacy Policy for information about how we use your data.
- You will be required to provide your personal details in order to avail any of the subscribed for/purchased Products and Services. You will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
- The Platform is available only to individuals and others who meet our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to us and our payment services provider, whose applications are acceptable to us and who have authorised us (and/or our third party payment services provider) to process a charge or charges on their credit/debit card in the amount of the total purchase/subscription price for the Products and Services which they purchase/subscribe to. Purchases and Subscriptions are for personal use and should not be re-sold, used for commercial purposes or any other commercial benefit.
- By making an offer to purchase a subscription you expressly authorise us and our payment services provider to perform credit checks and, where deemed necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
- Furthermore, you agree that we (and our payment services provider) may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
- Your access to the Products and Services may be terminated by us without warning if we believe that you are underage or otherwise ineligible to receive Products and Services under applicable laws, rules, or regulations of your country.
DISCLAIMERS
- ULTRAHUMAN IS NOT A LICENSED HEALTH CARE PROVIDER, NOR SHOULD THE PRODUCTS AND SERVICES OR ANY PART OF THEM, NOR ANY CONTENT, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS, AND OTHER VISUALS CONSTITUTE OR BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. ALL PRODUCTS AND SERVICES AND CONTENT IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND THE PRODUCTS AND SERVICES AND CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS, TREATMENT, CURE, MITIGATION, OR PREVENTION OF ANY MEDICAL CONDITION. PLEASE ALWAYS CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDERS BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH VIA THE USE OF THE PLATFORM AND OUR PRODUCTS AND SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR HEALTH CONDITION OR EXPERIENCE ANY CHANGES IN YOUR HEALTH CONDITION OR HEALTH STATUS. YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS BASED ON YOUR USE OF PRODUCTS AND SERVICES. DO NOT START OR STOP TAKING ANY MEDICATION OR MEDICAL TREATMENT UNLESS ADVISED BY A MEDICAL PRACTITIONER. NEVER DISREGARD AND/OR DELAY SEEKING ANY MEDICAL ADVISE BASED ON ANY CONTENTS OR INFORMATION AVAILABLE ON THE PLATFORM.
- THIRD PARTY DEVICES ARE NOT MANUFACTURED BY ULTRAHUMAN. THEY ARE MERELY PROCURED AND DISTRIBUTED BY ULTRAHUMAN FROM AUTHORISED DISTRIBUTORS, AND WHERE SUPPLIED BY US TO YOU, ARE INTENDED TO BE FOR USE IN CONJUNCTION WITH THE APP. SO FAR AS MAY BE EXCLUDED BY APPLICABLE LAW, ULTRAHUMAN IS NOT RESPONSIBLE FOR ANY DEFECT IN THE THIRD-PARTY DEVICE, NOR WILL IT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU THROUGH YOUR USE OF THE THIRD-PARTY DEVICE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS BASED ON YOUR USE OF THE THIRD-PARTY DEVICE.
- SOME PEOPLE MAY EXPERIENCE DISCOMFORT AND/OR SKIN IRRITATION OR SKIN RASHES AT THE CGM AND/OR THE PROTECTIVE PATCH SITE DUE TO ADHESIVE OR OTHERWISE. IF YOU HAVE A SKIN CONDITION OR HAVE SENSITIVE SKIN OR HAVE DEVELOPED IRRITATION OR INJURY AT THE CGM AND/OR PATCH SITE, PLEASE WORK WITH YOUR HEALTHCARE PROFESSIONAL WHILE USING THE CGM AND PATCH. IF CASE OF ANY SKIN RELATED INJURIES, RASHES OR ALLERGIES, PLEASE INFORM US AND/OR YOUR HEALTHCARE PROFESSIONAL IMMEDIATELY. FOR ANY CGM RELATED INJURIES, WE SHALL NOT BE RESPONSIBLE AS WE ARE NOT THE MANUFACTURER OF THE CGM AND WE HAVE NOT TESTED THE CGM FOR ITS SAFETY WITH PATIENTS WITH SKIN CONDITIONS OR SENSITIVE SKIN.
- THIRD-PARTY DEVICE I.E. CGM IS A MEDICAL DEVICE ONLY APPROVED FOR USE WITH THE MANUFACTURER’S READER OR MANUFACTURER’S APP.
- THE APP IS NOT A MEDICAL DEVICE. THE APP HAS NOT BEEN TESTED FOR USE IN PATIENTS WITH DIABETES OR OTHER HEALTH CONDITIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE PRODUCTS AND SERVICES, THE CONTENT, INCLUDING ANY INFORMATION YOU LEARN FROM THE APP, ARE NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, PREVENT, MONITOR, TREAT, OR ALLEVIATE ANY ILLNESS OR MEDICAL CONDITION OR DISEASE, TO ASCERTAIN THE STATE OF YOUR HEALTH, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. THE APP IS INTENDED ONLY FOR USE BY HEALTHY ADULTS IN A STABLE ENVIRONMENT. THE APP OFFERS ADVICE RELATED TO GENERAL HEALTH AND WELLNESS ONLY.
- THE RING IS NOT A MEDICAL DEVICE. THE RING HAS NOT BEEN TESTED FOR USE IN PATIENTS WITH HEALTH CONDITIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SERVICES, THE CONTENT, INCLUDING ANY INFORMATION YOU LEARN FROM THE APP THROUGH USE OF THE RING, ARE NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, PREVENT, MONITOR, TREAT, OR ALLEVIATE ANY ILLNESS OR MEDICAL CONDITION OR DISEASE, TO ASCERTAIN THE STATE OF YOUR HEALTH, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. THE RING AND APP ARE INTENDED ONLY FOR USE BY HEALTHY ADULTS IN A STABLE ENVIRONMENT. THE RING AND APP OFFERS ADVICE RELATED TO GENERAL HEALTH AND WELLNESS ONLY.
- WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE APP, ANY OF THE PRODUCTS AND SERVICES, THE THIRD-PARTY DEVICE, OR ANY ADVICE OR INFORMATION PROVIDED AS PART OF OUR PRODUCTS AND SERVICES.
- WE DISCLAIM SO FAR AS PERMITTED UNDER APPLICABLE LAW ANY LIABILITY FOR OR IN RESPECT OF THE THIRD-PARTY DEVICE.
- WE ARE NOT RESPONSIBLE TO YOU OR ANYBODY ELSE FOR ANY LOSS INCURRED IN RELATION TO USE OF THE PLATFORM. YOUR USE OF THE PLATFORM AND ANY SERVICE IS ENTIRELY AT YOUR OWN RISK. WE DO NOT PROMISE THAT THE FUNCTIONAL ASPECTS OF THE PLATFORM OR OUR CONTENT WILL BE ERROR FREE OR THAT THE PLATFORM, OUR CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALWAYS RECOMMEND THAT ALL USERS OF THE INTERNET ENSURE THEY HAVE UP TO DATE VIRUS CHECKING SOFTWARE INSTALLED.
- ANY HEALTH INFORMATION AND LINKS ON THE CONTENT, WHETHER PROVIDED BY ULTRAHUMAN OR BY CONTRACT FROM OUTSIDE PROVIDERS, IS PROVIDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES.
- YOU ACKNOWLEDGE THAT WHEN YOU ACCESS A LINK THAT LEAVES OUR PLATFORM, THE SITE YOU WILL ENTER INTO IS NOT CONTROLLED BY US AND DIFFERENT TERMS OF SERVICE AND PRIVACY POLICY MAY APPLY. BY ACCESSING LINKS TO OTHER SITES, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THOSE SITES. WE RESERVE THE RIGHT TO DISABLE LINKS TO AND / OR FROM THIRD-PARTY SITES TO OUR SERVICE, ALTHOUGH WE ARE UNDER NO OBLIGATION TO DO SO.
- ACCURACY OF THE BIOMARKERS MAY BE AFFECTED IF YOU ARE SUFFERING FROM ANY HEALTH CONDITION. PLEASE USE THE PRODUCTS AND SERVICES UNDER A DOCTOR”S OR HEALTHCARE PROFESSIONAL’S SUPERVISION IF YOU ARE SUFFERING FROM ANY HEALTH CONDITION.
SYSTEM REQUIREMENTS
Use of the Platform, Products and Services requires one or more compatible devices, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Products and Services involves hardware, software, and internet access, your ability to access and use the Products and Services may be affected by the performance or limitations caused by these factors. While we aim for the Products and Services to at all times be reliable and available, we cannot guarantee this. You acknowledge and agree that we are not responsible for any loss or damage allegedly caused by the failure or delay of external factors or limitations. High-speed internet access is recommended. Ultrahuman shall also not be responsible for any reduction in speed or efficiency of any Service due to poor connectivity or any other such collateral requirements related to internet Service. You acknowledge, agree and consent that such collateral system requirements, which may be changed from time to time, are your responsibility, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
USING THE PRODUCTS AND SERVICES
- As a user and recipient of Products and Services, when you use the Platform, you agree and consent to the following conditions of use:
(a) You are solely responsible for the medical, health and personal information you provide on the Platform, and you are requested to use your discretion in providing such information.
(b) The Products and Services provided by Ultrahuman will depend upon the information you provide on the Platform. You will provide accurate and complete information everywhere on the Platform, based on which you will receive the Products and Services.
(c) The information provided by you may be used by us for the purpose of Products and Services including analysis, research, training and disclosure (where required) to our affiliates, group companies, agents and government authorities, etc., as stated in our Privacy Policy. Please separately review and consent to our Privacy Policy, accordingly.
(d) The information provided by you can be retained by us and can be used without revealing your identity, as per our Privacy Policy.
(e) You shall be solely responsible for accessing and using our Service and shall ensure that you comply with applicable laws while using our Service, including but not limited to intellectual property, privacy, cookies, third-party rights. You will use the Service only for such purposes as is permitted by (a) these Terms of Use; and (b) applicable laws.
(f) The Products and Services are provided “AS IS” and “AS AVAILABLE” and to the extent permitted by law without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us on our Service is accurate, complete, or useful, that our Service will be operational, error-free, secure, or safe, or that our Service will function without disruptions, delays, or imperfections.
(g) To the extent that you choose to use any software applications provided by us in relation to the Products and Services, you agree and consent that you will promptly install all upgrades, bug fixes, patches, and other corrections relating to the Products and Services made available by us.
- We are committed to improving our Products and Services and creating new products and services. We, in our sole discretion, at any time, with or without notice, and without any obligation or liability to you or any other party, may suspend, terminate, limit, change, modify, downgrade, and/or update the Products and Services (in whole or in part), including without limitation, any feature, functionality, integration or component thereof.
- The Products and Services shall not and are not intended to be used for any application where failure, interruption, or malfunction may reasonably be anticipated to result in bodily injury, loss of life, or substantial damage to property. We shall not be liable for any claims, damages, or loss that arises from such limitation.
- All information provided as part of the Products and Services is for general informational purposes only. We cannot and do not guarantee any health-related improvements or outcomes. Your use of the Products and Services and any information, predictions, or suggestions provided via your use of Products and Services is 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 your use of the Service and you agree and understand that the Service are not intended to match or serve the same purpose as a medical or scientific device.
CONTENT, OWNERSHIP
- Subject to the foregoing, we solely and absolutely own all rights, title, and interest in and to the Platform, including all Content or information provided as part of the Platform, all associated intellectual property rights, and all other forms of data or communication that we create or make available in connection with the Products and Services, visual interfaces, interactive features, graphics, design, and the compilation of aggregate user reviews, ratings, feedback, and all other elements and components of the Products and Services, save and except the Third-Party Device, your personal data (including health reports) and any third-party licensed product, services, or content.
- You acknowledge and agree that the Platform, the Products and Services to the extent solely and absolutely owned by Ultrahuman and the Content, are protected by copyright, trademark, and other international laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Products and Services or Content. You shall not use any of this proprietary information without the prior express written consent of Ultrahuman. Ultrahuman’s prior written consent means a communication coming from Ultrahuman’s legal department/authorised representative, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights.
ACCEPTABLE USE
- Without limiting any other provisions of these Terms of Use, you may not use our Products and Services for any purpose that is unlawful or prohibited by these Terms of Use, applicable laws, and any applicable additional terms. We reserve the right but are not obligated to remove or disable access to our Products and Services at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law and these Terms of Use. You acknowledge that we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- You expressly agree that you will not, and you will not assist or permit any third party to:
(a) Use the Platform or any Content or any intellectual property rights embodied therein or any all derivative works, improvements, updates, modifications, or translations thereof for any commercial purpose.
(b) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Platform or the Content in any way, or create derivative works of the Platform or the Content.
(c) Access, monitor, or copy any Content or information of our Products and Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission.
(d) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure.
(e) “Frame”, “mirror” or otherwise incorporate any part of our Platform into any other website or mobile application without our prior written permission.
(f) Rent, lease, loan, make available to the public, sell or distribute the Platform, the Service, and/or Content in whole or in part.
(g) Circumvent any law or territorial restrictions applied to the Products and Services.
(h) Perform any acts that may materially and adversely affect the quality of other user's experience;
(i) Introduce malicious programs into Products and Services, network, or servers (e.g., viruses, worms, Trojan horses, etc.);
(j) Engage in any monitoring or interception of data not intended for you without authorization;
(k) Transmit or receive, upload, use or reuse material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy, or similar third-party rights;
(l) Transmit or receive, upload, use or reuse material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets, or copyrights;
(m) Falsify user identification information.
FEES & PAYMENT PROCESSING
- You agree to pay the applicable amounts to avail the Products and Services as listed on our Platform. Any payment- related terms and conditions presented to you in the process of billing shall also be applicable to you. A payment account will be linked to your User Account (your “Billing Account”). You agree to pay us via your Billing Account, either directly or through third-party payment processors, all fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us (including our authorised third-party payment processor), to charge your chosen payment provider (your “Payment Method”). The processing of payments by a third-party payment processor will also be subject to the terms, conditions, and privacy policies of such payment processors. We are not responsible for errors by the payment processor. If we do not receive payment from you, you agree and consent to pay all amounts due on your Billing Account upon demand. All one-time and subscription-based purchases are non- transferable and non-refundable. One-time purchases or non-recurring subscription(s) are non- cancellable.
- The subscription for our subscription-based Products and Services will be automatically extended for successive renewal periods, as applicable, at the then-current non-promotional rate. If you terminate your subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your subscription before the end of the recurring term. Subscriptions cannot be terminated before the end of the period for which you have already paid, and we will not refund any amounts that you have already paid. Your non- termination or continued use of your subscription reaffirms that we are authorized to charge your Payment Method for that subscription. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the subscription.
- At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.
BETA SERVICES
We may, from time to time, offer access to products and/or services that are classified as private or public beta versions (“Beta Versions”). Beta Versions are offered “as-is” to allow testing, evaluation and improvement. We make no representations that a Beta Version will ever be made generally available and reserve our right to discontinue or modify a Beta Version at any time without notice, at our sole discretion. Beta Versions are provided AS IS, may contain bugs, errors, or other defects, and your use of a Beta Version is at your sole risk. For the avoidance of doubt, all Beta Version are pre-release, are expected to contain defects which may be material, and are not expected to operate at the level of performance or compatibility of a final, generally available product and/or service offering. Beta Versions may not operate accurately and may be substantially modified prior to public availability or withdrawn at any time. Accordingly, access to and use of the Beta Versions is entirely at customer’s own risk. In no event shall Ultrahuman be liable for any damage whatsoever arising out of the use of or inability to use the Beta Versions, even if Ultrahuman has been advised of the possibility of such damages. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of any Beta Version. Any data you provide to Beta Versions may not be secured and may be lost or damaged, and results provided by certain Beta Versions may be subject to third party licenses, including open source licenses. Any third-party software, services, or other products you use in connection with the Beta Versions are subject to their own terms, and we are not responsible for third party products. We may change our prices for Beta Versions by posting notice to your account and/or to our website and such price increases will be effective immediately.
INDEMNITY
- You shall indemnify and hold harmless Ultrahuman, and its directors, officers, vendors, and employees from and against any losses, damages, fines, and expenses (including reasonable attorneys’ fees), due to or arising out of or relating to any claims (including third-party claims) in respect of:
(a) any material or information posted, provided, transmitted, or otherwise contributed by you on or via our Platform;
(b) any bodily injury, allergy, mental disorders, medical ailment, or loss of life caused by or claimed to be caused by your use of the Products and Services (including use of Third-Party Device);
(c) violation of any applicable law, or by your violation of the rights of another;
(d) your access to or use of our Products and Services, including information provided in connection therewith;
(e) deficiency or shortfall in Products and Services/ faulty judgment / interpretation errors / perception error arising from: your failure to provide correct and / or complete information / history about yourself in timely and appropriate manner; or suppression of material facts; or your failure to provide relevant information about yourself; or misinterpretation of the recommendations by you; or failure to follow recommendations by you;
(f) your breach or alleged breach of the Terms of Use;
(g) any misrepresentation made by you;
(h) you permitting a third party to use your password or other means to access your User Account.
(i) any other claim related to your use of our Products and Services.
- You will cooperate as fully as required by us in the defense or settlement of any claim.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, PARTNERS, AND SUPPLIERS, SHALL, WILL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER LOSS OR DAMAGE WHATSOEVER, INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS OR DAMAGES ARISING FROM OR RELATING TO: (A) THE TERMS OF USE; (B) YOUR USE OR INABILITY TO USE OUR PRODUCTS AND SERVICES INCLUDING USE OF THIRD-PARTY DEVICES; (C) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE PRODUCTS AND SERVICES; OR (D) UNAUTHORIZED ACCESS OR USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF ULTRAHUMAN TOWARDS YOU SHALL BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO ULTRAHUMAN FOR USE OF THE PRODUCTS AND SERVICES. ULTRAHUMAN OR ANY THIRD PARTIES THAT ENABLE YOUR ACCESS AND USE OF PRODUCTS AND SERVICES OR PROVIDE INFORMATION AND CONTENT ON THE PLATFORM ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE PRODUCTS AND SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY DEVICE. THE PRODUCTS AND SERVICES PROVIDED THROUGH THE PLATFORM IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR FACE TO FACE CONSULTATION WITH A DOCTOR. ULTRAHUMAN ADVICES THE USERS TO MAKE INDEPENDENT ASSESSMENT IN RESPECT OF ITS ACCURACY OR USEFULNESS AND SUITABILITY PRIOR TO MAKING ANY DECISION IN RELIANCE HEREOF.
DISPUTE RESOLUTION
- In case of disputes or controversies arising out of or in connection with or relating to this Terms of Use, the parties shall first try to resolve it amicably through negotiations. If a satisfactory solution can not be reached within a period of thirty (30) days from the date on which written notice of a dispute is provided by one of the parties, the parties shall refer to and finally resolve by arbitration under the Arbitration Rules of the Abu Dhabi Commercial Conciliation and Arbitration Centre (“Rules”), which Rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Abu Dhabi. The language to be used in the arbitration shall be English.
- Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”).
- You acknowledge and agree that any Dispute must be notified to us within thirty (30) days after the occurrence of the matter giving rise to the Dispute or you becoming aware of the same, whichever is later.
GOVERNING LAW
These Terms of Use are governed and construed in accordance with the Federal laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi, and the laws of Abu Dhabi, without giving effect to the principles of conflicts of laws of choice of law provisions therein.
MISCELLANEOUS
- The section titles and other headings in these Terms of Use are for convenience only and have no legal or contractual effect.
- Our failure to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision.
- If any provision of these Terms of Use is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
- All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, restructuring, sale of assets, or by operation of law or otherwise and you shall continue to be bound by these Terms of Use in the event of such assignment.
- You will not transfer any of your rights or obligations under these Terms of Use to anyone else without our prior written consent.
- We will not be liable to you for any lack of performance, or the unavailability, or failure, of the Products and Services, or for any failure or delay by us to comply with these Terms of Use, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
FEEDBACK
We welcome feedback, comments, and suggestions for improvements to the Products and Services (‘Feedback’). You can submit Feedback by emailing us at feedback@ultrahuman.com. You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
GRIEVANCE REDRESSAL
If you have any questions about these Terms, you may contact Mr. Adhit Shet, our Grievance Officer at legal@ultrahuman.com.
