Agreement Mobile Application End User License
Please Read This End User Applicaton License Agreement ("License") Carefully Before Clicking The "Accept" Button Or Downloading Or Using The Healium Digital Healthcare Pte Ltd.(“healium”) Mobile Application ("Application") Accompanying This License. By Clicking The "Accept" Button Or Downloading Or Using The Application, You Are Entering Into And Agreeing To Be Bound By The Terms Of This License. If You Do Not Agree To The Terms Of This License, Do Not Click The "Accept" Button Or Download Or Use The Application.
Service is the mobile application operated by Healium Inc.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Information that an administrator can use to learn how other people access and use the Application. By analyzing this data, We can identify a site's most popular (or unpopular) areas and increase service standard offered by Us.
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (Service Providers or Third Party)
Data Processor (or Service Provider or Third Party) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
About Mobile Application
- mobile software application accompanying this License, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components.
- mobile software application any updates, modifications or enhancements to the items listed in subsection (i) and
- any specific website the Application directs you to via any browser located on an iPhone or such other mobile device (“Mobile Device”).
License Grant and Restrictions on Use
License Grant Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a single Mobile Device owned and controlled by You, and to access and use the Application on such Mobile Device strictly in accordance with the terms and conditions of this License, the Usage Rules and any service agreement associated with your Mobile Device (collectively "Related Agreements").
Restrictions on Use You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Mobile Device at a time or on any other mobile device or computer]; (g) [distribute the Application to multiple Mobile Devices]; (h) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
Each Application obtains information that you provide when you download and register the Application. When you register with us and/or use an Application, you generally provide (a) your name, email address, and other registration information; (b) your age and sex; (c) information you provide us when you contact us for help; and (d) information that is entered into our system when you use the Applications, such as your Usage data or other Personal data (“User Provided Data”). We may also use the information that you provide to us to contact you from time to time to provide you with important information, required notices. Important information can range from changes in our terms of service to changes that may protect your data.
Automatically Collected Data
Personal Data utilization
In General ways we use your Personal Data include, but is not limited to: (1) to facilitate the creation of and secure your Account on our network; (2) identify you as a user in our system; (3) improve the quality of experience when you use our Applications; (4) send you a welcome email to verify ownership of the email address provided when your Account was created; (5) send you administrative email notifications, such as security or support and maintenance advisories.
Intellectual Property Rights
Rights to Application You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppels or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Company.
Third Party Software The Application may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be "open source" or "publically available" software.
Company’s Marks You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.
Infringement Acknowledgement You and Company acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party's intellectual property rights, You (and not Company) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.
Restriction on Transfer
You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
User Data Information
Personal data The first name, last name, date of birth, physical address, and bank/financial information of member visitors that communicate with Healium via the application or email. information knowingly provided by the visitor in online forms, registration forms, order forms, surveys, e-mail, the “Contact Us” section of the mobile application, other inquiries visitors may make through the Site, and other online avenues (including, but not limited to, information such as demographic, business profile, and personal profile data).
Auto Collected data The e-mail addresses, type of client mobile, files downloaded, operating system, location, Network connectivity analyze. aggregate and user-specific information regarding which Option Mobile application member visitors access.. When a member visitor performs a search within the mobile appplication, Healium inc. may record information identifying the member visitor or linking the member visitor to the search performed.
Children data Usage Guideline
The Site is not intended for children under the age of 13. It does not knowingly collect personal information online from users in this age group. All users must be at least 21 years of age in order to use the Site and to provide information to the Site.
Legal Basis for Processing Personal Data under the Personal Data Protection Act 2012 (PDPA).Your Personal Data may be processed in the country in which it was collected and in other countries, including the Singapore, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
Consent to Use Information
You hereby authorize and consent to the collection, storage and use, by Company and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to Company and its affiliates, partners and licensors ("Information"). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to You. The Information will be treated as being non-confidential and nonproprietary, and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
Third Party Content and Services
Guideline You acknowledge that the Application permits access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").
Disclaimer You acknowledge that Company does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Company and its affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Company hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
Third Party Terms of Service You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
Endorsements You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Company or its affiliates of such Third Party Content and Services. Company reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Company has no obligation to restrict or deny access even if requested by You.
Inappropriate Materials You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Company and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
Use of Third Party Content and Services You agree that the Third Party Content and Services contain proprietary information and material that is owned by Company and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by You.
Term and Termination
Term This License shall be effective until terminated.
Termination Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. In addition you may not contribute with any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred, or any of the unethical activity through the use of our Services. Further, you may not defame, harass or offend other people through the use of our Services .If you have any criticism or feedback regarding Healium inc. or our Services, you will first contact Healium inc. to help us to improve our Services. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Company. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.
Healium inc. does not monitor the contents of the Service, but may at any time choose, at its sole discretion, to remove User Material from the Service and/or your user account and to terminate your account and membership.
Disclaimer of Warranties
You Acknowledge And Agree That The Application Is Provided On An "As Is' And "As Available" Basis, And That Your Use Of Or Reliance Upon The Application And Any Third Party Content And Services Accessed Thereby Is At Your Sole Risk And Discretion. Company And Its Affiliates, Partners, Suppliers And Licensors Hereby Disclaim Any And All Reprsentations, Warranties And Guaranties Regarding The Application And Third Party Content And Services, Whether Express, Implied Or Statutory, And Including, Without Limitation, The Implied Warranties Of Merchantability, Fitness For A Particular Purpose, And Non-infringement. Furthermore, Company And Its Affiliates, Partners, Suppliers And Licensors Make No Warranty That (I) The Application Or Third Party Content And Services Will Meet Your Requirements; (Ii) The Application Or Third Party Content And Services Will Be Uninterruped, Accurate, Reliable, Timely, Secure Or Error-free; (Iii) The Quality Of Any Products, Services, Information Or Other Material Accessed Or Obtained By You Through The Application Will Be As Represented Or Meet Your Expectations; Or (Iv) Any Errors In The Application Or Third Party Conent And Services Will Be Corrected. No Advice Or Information, Whether Oral Or Written, Obtained By You From Company Or From The Application Shall Create Any Representation, Warranty Or Guaranty. Furthermore, You Acknowledge That Company Have No Obligation To Correct Any Errors Or Otherwise Support Or Maintain The Application.
Limitation of Liability
Under No Circumstances Shall Company Or Its Affiliates, Partners, Suppliers Or Licensors Be Liable For Any Indirect, Incidental, Consequential, Special Or Exemplary Damages Arising Out Of Or In Connection With Your Access Or Use Of Or Inability To Access Or Use The Application And Any Third Party Content And Services, Whether Or Not The Damages Were Foreseeable And Whether Or Not Company Was Advised Of The Possibility Of Such Damages.
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing.
Data Retention Policy
We will retain User Provided Data for as long as you use the Applications and for a reasonable time thereafter. If you would like us to delete User Provided Data, please contact us at email@example.com and we will respond within a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Applications to function properly, and we may be required to retain certain information by law. We offer you choices regarding the collection, use, and sharing of your Personal Data.
About Personal Data note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our and or service provider archives. We may retain your information for fraud prevention or other similar purposes.
Service and Promotional Communication
We will periodically send you free newsletters and emails that directly promote the use of our Applications. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly . Unsubscribe instructions will be included in every email.
You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.
Company does not warrant that the Application will be compatible or interoperable with Your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent the damage to Your Mobile Device, loss of the data located on Your Mobile Device, and corruption of the software and files located on Your Mobile Device. You acknowledge and agree that Company and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
You acknowledge that You (not Company) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify Company of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release Company from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
Security of Your Personal Data
Healium inc. is committed to protecting the security of your Personal Data, including your genetic information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. For example, we limit access to your Personal Data to employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor to provide reasonable security for information that we process and maintain, no security system can prevent all potential security breaches. Therefore, while Healium inc. uses reasonable efforts to protect your Personal Data, Healium inc. cannot guarantee its absolute security.
Governing Law This License shall be deemed to take place in the State of Singapore and shall be governed by and construed in accordance with the laws of the State of Singapore, excluding its conflicts of law principles. Any disputes arising from this License shall be adjudicated in the courts of the City of Singapore.
Severability If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
Waiver Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
Modification or Amendment Company may modify or amend the terms of this License by posting a copy of the modified or amended License on the Company Application & website. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended License is posted on the Company Application & website.
Service Usage Instructions
To use our Services you must follow some simple rules. The Service is only available for your private use and is not intended for commercial use. Do not misuse the Services, so that either Healium inc. or anyone else is harmed in any way. You may only use the Services as permitted by law and these Terms. By using our Services, you agree that: (a) All of the personal data provided by you is accurate and up to date. (b) You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your Healium account (“User Material”).
You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription on the Play Store. Please note that if you have subscribed to Healium inc. through the use of Play Store, or any other such service provider, you can only cancel your subscription through the use of their services. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or on the website.
Your membership, including your email and password, with Healium is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. Healium inc. is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately inform Healium’s Customer Service.
Health and nutritional (Information & Precaution)
You are responsible for your own health. Healium inc. is not a medical organization, and we will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to help our users to record what they eat, how they exercise and to track their health, weight and fitness progress. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort. Healium inc. cannot guarantee any health, weight and/or fitness results or improvements. Our Services are only intended for healthy adults, and please do not use our Services if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information found in our database has not been verified, investigated or reviewed by company. Healium inc. cannot guarantee that the nutritional information provided in our database is accurate, reliable or complete. Healium inc. is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.
Healium Premium Service
This section only applies when you purchase and/or subscribe to Healium inc. Premium or other paid products. By paying the subscription fee you get access to Healium Premium during the time your subscription is valid, subject to these Terms. All subscriptions with Healium Premium are paid in advance. You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. The subscription can be cancelled at anytime. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. If you have subscribed to Healium through the use of App Store, or any other such service provider, using in-app purchase, you can only cancel your subscription through the use of their services. Subscription fees can be found on Healium’s website (https://healium.ai) and in the mobile application. Debit card payment and Credit card payment. Special terms and conditions may apply. Healium inc. reserves the right to change the subscription fees from time to time. You hereby consent to be charged immediately upon subscribing with Healium Premium or other paid products. . This means that you will only have 15 days (Adjust days according to policy) to withdraw from the contract with Healium from the date you receive confirmation of your subscription via email if you do not start using the Services during that period. To use your right of withdrawal you must send an email to Healium inc. Any prepaid fees will be refunded within 30 days. All payments handled by ……….,(application/gateway name) such as in-app purchases, can only be refunded by …………. (application/gateway name).Default in payment shall not be deemed as a termination of an Healium inc Premium subscription.
Obligation on data Security
For Queries, Discussion or if you have any further questions about privacy or security, please contact us by Sending an email to: firstname.lastname@example.org