These terms of service (the “Terms”) tell you the terms on which you may use the Services that Humanity makes available through the Humanity Services (“Services”).
Please read these Terms carefully before you start to use the Services. By using the Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Services.
These Terms should be read alongside our Privacy Policy (available at: https://www.humanity.health/privacy).
1.1 The Services are provided by Humanity Health Inc., a company registered in the State of Delaware, USA (“Humanity”, “we”,“us” and “our”).
2.1 In these Terms, the following words shall have the meanings given to them below:
“Third Party Content”means any content uploaded to the Services by any other user of the Services that is not you;
“Services” means the services that Humanity makes available which allow you to track, manage and share information related to your well-being;
“Your Content” has the meaning given in section 9.1; and
“Customer” means the individual end user who registers for or uses the Services..
3.1 You can contact us in the following ways:
3.1.1 by email at: support@humanity.health
4.1 We will mainly contact you by sending notifications to your device.
4.2 We may also contact you by email using the details you provided when creating your account. As such, you must notify us as soon as possible if any of your details change.
5.1 You must be 18 or older to create an account with us.
5.2 You may use the Services for personal use only and not for any commercial purpose, unless Humanity has given its prior written consent to such usage.
5.3 You must provide accurate and complete information when creating your account and keep your account information updated. We may suspend or terminate your account and access to the Services if any information provided proves not to be accurate or current.
5.4 You are responsible for maintaining the confidentiality of your account details, including your passwords or any other piece of information that forms part of our security procedures. You authorize us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.
5.5 You must contact us immediately if you believe that your account has been compromised or if you believe that the security of your account is at risk.
5.6 You are responsible for all activity under your account even if someone else uses your account.
6.1 In cases when Services you are accessing require an account, once you have created your account, you can access the Services in the following ways:
6.1.1 You can use the Services free of charge. Under a free account, you can use the Services to generate your Humanity rate of aging;
6.1.2 You can subscribe to receive certain additional Services (“Premium Services”) by tapping the upgrade section within the Services. This involves paying the relevant subscription fee (see section 7). A description of the features associated with the relevant Premium Services is available via the Services.
6.1.3 Administrative interfaces and aggregated information. Humanity may provide organisations (or their authorised representatives) with access to administrative interfaces or portals to administer programme participation and to view aggregated, de-identified metrics derived from users’ use of the Services
6.1.4 If the Services are purchased through a partner or reseller, the purchaser’s agreement with that partner or reseller shall govern the commercial terms of that purchase (for example pricing, payment, refunds, invoicing, seat or licence counts, promotions and purchase administration).
For the avoidance of doubt, the purchaser’s agreement with a partner or reseller governs only the purchaser’s commercial matters (for example pricing, payment, refunds, invoicing, seat or licence counts and purchase administration) and does not amend these Terms as between Humanity and an individual end user, nor does it make any partner or reseller a party to these Terms.
6.2 Unless specifically stated otherwise, any new features, services or software applications introduced shall be subject to these Terms.
7.1 Subject to availability, you may purchase Premium Services as a monthly, quarterly, semi-annual or yearly subscription (“Subscription”).
7.2 The following conditions apply to Subscriptions:
7.2.1 Payment:
(a) You must pay for Premium Services upfront in full at the beginning of your Subscription.
(b) We do not collect or store any of your payment information. Payment of subscription fees is managed by the relevant app store or partner
(c) When you purchase a Subscription, the sale is final and we will not be able to provide a refund. Your purchase will be subject to the relevant app store’s or partner’s applicable payment policy.
(d) If you receive Services through a reseller you are subject to the reseller’s policies for pricing, payment, refunds, invoicing, seat or licence counts and promotions; for the avoidance of doubt, those reseller policies govern only those commercial matters and do not amend or replace the remainder of these Terms that govern access to and use of the Services
7.2.2 Renewal:
(a) Unless you cancel your Subscription, the Subscription will automatically renew at the end of the Subscription period for the same period of time as the initial Subscription and you will be charged in full for the renewed Subscription.
7.2.3 Cancellation:
(a) You may cancel your Subscription by using the “Subscriptions” function in your phone’s settings and also linked from the Services (which will lead you to the“Subscriptions” function in your relevant app store ID).
(b) You are not entitled to a pro-rated refund if you choose to cancel your Subscription before it expires. You will continue to have access to the Premium Services you have purchased for the remainder of the Subscription, unless you choose to delete the Services.
(c) You must cancel your Subscription before it renews in accordance with these Terms in order to avoid being charged the subscription fee for the next payment period.
7.2.4 Cooling off:
(a) Under applicable consumer protection law, you may have the right to change your mind in relation to a Subscription within 14-days of purchasing it, provided you have not received any Premium Services under it. This is known as the “cooling off period”.
(b) Please note that you do not have a right to receive a full refund if you have started to receive the Premium Services within the 14-day cooling off period, provided you have been told and acknowledged this. By agreeing to these Terms, you have done both. Once you have signed up to a Subscription you will automatically be given access to the relevant Premium Services and you cannot rely on your right to cancel and receive a refund.
7.3 Where the Premium Services are provisioned under an executed Agreement between Humanity and an organisation or partner, the commercial terms (including billing and refund responsibilities) will be governed by the executed Agreement. Humanity will not bill a provisioned user directly where the organisation or partner has contracted to cover access, unless otherwise agreed in the executed Agreement.
8.1 We grant you a limited, non-exclusive, non-transferable license to install and use the Services on your mobile device for the purposes of accessing and using the Services and the Services.
8.2 All intellectual property in the Services (including the screen displays, the content, the text, graphics and look and feel of the Services), belongs to us or our licensors. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights. We do not warrant that the Services do not infringe any intellectual property rights of third parties.
8.3 In the event of any claim that the Services or your possession and lawful use of the Services infringes a third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
8.4 You may not reproduce, republish, transmit or distribute any material, information or content on the Services, or that form part of our Services, without our prior written consent. We reserve the right, in our sole discretion and without notice to you, to terminate your license and to prevent future access by you to the Services.
8.5 When using the Services, you may not:
8.5.1 circumvent, disable or otherwise interfere with any security related features of the Services;
8.5.2 permit another person to use the Services on your behalf unless such person is authorized by you;
8.5.3 use the Services if we have suspended or banned you from using it;
8.5.4 use the Services in any way that breaches any applicable local, national or international law or regulation;
8.5.5 upload or share content that:
(a) is pornographic or indecent, or that contains extreme acts of violence or terrorist activity, including terror propaganda;
(b) is harmful, threatening, defamatory, obscene,infringing, harassing or racially or ethnically offensive; or
(c) violates the privacy or other rights of third parties;
(d) advocates bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity,sexual orientation, disability or impairment;
8.5.6 advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, or conduct that causes damage or injury to any person;
8.5.7 modify, interfere with, intercept, disrupt or hack the Services;
8.5.8 misuse the Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Services or any user of the Services’s own equipment;
8.5.9 collect any data from the Services other than in accordance with these Terms; or
8.5.10 use any automated system including, without limitation, “robots”, “spiders” or “offline readers” to access the Services in a manner that sends more request messages to the Services than a human can reasonably produce in the same amount of time,
(together referred to as the “Rules of Acceptable Use” in these Terms).
8.6 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and may result in us taking all or any of the following actions (with or without notice):
8.6.1 immediate, temporary or permanent withdrawal of your right to use the Humanity Service;
8.6.2 removal of Your Content;
8.6.3 issuing a warning to you; or
8.6.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
8.7 The responses described in section 8.6 above are not limited and we may take any other action we reasonably deem appropriate.
8.8 We reserve the right, in our sole discretion and without notice to you, to terminate your access and to prevent future access by you to the Services.
9.1 When you use the Services, you may upload content and materials, including but not limited to photos, videos and audio recordings or other material (“Your Content”). These Terms do not give us any rights to Your Content except for the limited rights that enable us to provide the Services.
9.2 You must not upload or share content using the Services unless you have the right to do so.
9.3 We are not responsible for Your Content or any Third Party Content accessible on the Services. You will reimburse Humanity for any liability it incurs in connection with any third party claim relating to Your Content.
9.4 Humanity may, in its sole discretion, remove any of Your Content from the Services.
9.5 Any person may contact us at hello@Humanity.com to make us aware that Your Content may infringe their rights or our Rules of Acceptable Use.
10.1 The Services are designed to allow you to track, manage and share your wellness-related information. Any material we provide through the Services or resulting from your use of the Services, including any recommendations or suggestions, is for informational and educational purposes only and does not constitute medical advice, diagnosis and/or treatment.
10.2 Certain of the Services we provide through the Services provide information to you based on information entered. They do not diagnose your own health condition or make treatment recommendations for you. You should seek appropriate medical advice before taking any action that may impact on your health.
10.3 Humanity does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services.
10.4 The Services we provide are not a substitute for a doctor or other healthcare professional. You should not take or stop taking any action (such as taking medicines) based on any information obtained from our Services. We make no warranties in relation to the output or results of our Services.
11.1 WE PROVIDE THE APP ON AN "AS IS" AND"AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER,SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, DEPENDING ON YOUR COUNTRY OF RESIDENCE.
11.2 We do not guarantee that the Services will always be available or be uninterrupted.
11.3 You agree that your use of the Services is at your own risk.
11.4 We will not be liable to you if for any reason the Services is unavailable at any time or for any period.
12.1 We need to collect certain personal information from you in order to provide you with the Services we make available through the Services.
12.2 We take privacy seriously and are committed to ensuring your information is handled appropriately. Please read our Privacy Policy at https://www.humanity.health/privacy to understand how we collect, use and store information about you.
13.1 If you are accessing theServices for free, we may close your account and/or prevent your access to and use of the Services or the Services at any time by providing you one month’s notice without liability to you.
13.2 If you have purchased Premium Services under a Subscription, we may terminate your Subscription, close your account and/or prevent your access to and use of the Services of Services with immediately effect if:
13.2.1 you breach, or we suspect you are in breach of, the Rules of Acceptable Use set out in section 8.5 above;
13.2.2 we suspect that you are doing something illegal;
13.2.3 any fees due under these Terms are outstanding for thirty (30) days from the due date; or
13.2.4 In our reasonable opinion,the security or integrity of the Services or Services has been, or may be, compromised or is otherwise at risk.
14.1 If the Services and/or Services fail to meet the standards required by applicable law (for example, if the Services is faulty), please contact the relevant app store for information as to any refund you may be entitled to.
14.2 Humanity shall only be liable under these Terms for losses which are reasonably foreseeable and caused by Humanity's breach of these Terms or Humanity's negligence.
14.3 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
14.4 In any event, our maximum aggregate liability to you in respect of the Services and the Services (whether in contract,tort (including negligence), breach of statutory duty or otherwise) shall in no circumstances exceed the sum of one hundred US dollars ($100).
14.5 Nothing in these Terms excludes any statutory rights which may apply to your use of the Services and associated Services which cannot be excluded, restricted or modified by contract.
14.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
Although we have taken all reasonable care to ensure that the features and functionalities provided on the Services are of a reasonably satisfactory standard, certain features may rely on your device or networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which are caused by events outside our reasonable control.
16.1 From time to time we may automatically update the Services to improve performance, enhance functionality,reflect changes to our products or regulations, or address security issues. Alternatively, we may ask you to update the Services for these reasons.
16.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Services.
17.1 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the Services and, where appropriate, notified to you by email. By continuing to use and access the Services following such changes, you agree to be bound by any changes we make. Please review this page frequently to see any updates or changes to these Terms.
17.2 The latest version of these Terms will always be available on the Services.
While we take all reasonable precautions to keep the Services free from viruses, corrupt files and other malicious software, we cannot guarantee this. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device.
The Services may contain links to third party websites or resources. Humanity provides these links and resources only as a convenience and is not responsible for the content, products, or services on or available from those websites or in those resources, the links displayed on such websites or the privacy practices of such websites. We recommend that you read and consider these websites’ privacy policies and terms and conditions before providing any of your personal information.
20.1 These Terms are between you and us only and not between you and relevant app store, Inc (“relevant app store”). relevant app store has no responsibility for the Services or content thereof. Your use of the Services must comply with the App Store Terms of Service.
20.2 Relevant app store has no obligation to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify the relevant app store, and (where applicable) relevant app store will refund the purchase price for the Services to you. To the maximum extent permitted by law, relevant app store will have no warranty obligation whatsoever with respect to the Services, and any other claims,losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Humanity as provider of the Services.
20.3 You acknowledge and agree that relevant app store is not responsible for addressing any claims you have or any claims of any third party relating to the Services or your possession and/or use of the Services, including, but not limited to:
20.3.1 product liability claims;
20.3.2 any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
20.3.3 claims arising under consumer protection or similar legislation,
and all such claims are governed by these Terms and any law applicable to Humanity as the provider of the Services.
20.4 You acknowledge that, in the event of any third-party claim that the Services or your use of the Services infringes a third party’s intellectual property rights, Humanity, not relevant app store,will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
20.5 You represent and warrant that you are not located in a country that is subject to US Government embargo, or that has been designated by the US Government as a “terrorist supporting”country, and you are not listed on any US Government list of prohibited or restricted parties.
20.6 Relevant app store and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms as related to your licence of the Services against you.
21.1 If you have a complaint or dispute with us relating to the Services, in the first instance, please contact us via [support@humanity.health] and we will attempt to resolve the complaint or dispute informally.
21.2 If we are unable to resolve your complaint or dispute with you informally, we will suggest an appropriate consumer focused mediation or arbitration dispute resolution service based on the nature of the complaint or dispute and your location.
21.3 Whilst you are under no obligation to resolve your complaint or dispute using this service, we would hope that you will use this service as we consider this the most cost effective and appropriate way to resolve complaints and disputes with our users.
22.1 The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
22.2 These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
22.3 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
22.4 Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.
22.5 These Terms shall be governed and construed in accordance with English law. However,this does not exclude any mandatory legal rights you may have in your country of residence, where we are not allowed to exclude such as a matter of law. The English courts will have jurisdiction but this does not affect your ability to make a claim in your country of residence where you have this right.
22.6 Nothing in these Terms is intended to confer rights on any third party or to make any third party a beneficiary of these Terms.
