Terms and Conditions
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the "INGO Health" mobile application ("Mobile Application" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and INGO Health developer ("Operator", "we", "us" or "our"). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic, and it governs your use of the Services.
By using the Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and meet all of the foregoing eligibility requirements.
The use of the Services by a User considered as a minor under applicable law, is subject to the consent of their parent or legal guardian.
If you do not meet all of these requirements, you must not access or use the Services.
Full use of the Services requires that you create an account by providing us with information such as your full name, a valid email address, a strong password and some information related to your physical condition (for instance but not limited to: your height, weight and overall physical condition). You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us if you discover or suspect any security breach related to the Services or your account.
USAGE OF THE SERVICES
The Services are intended for your personal, non-commercial use.
Operator grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to (1) access and use the Services, (2) access and use the software and mobile applications provided by the Services. This licence is provided solely for your personal, non-commercial use and enjoyment of the Services as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Services or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Operator or its licensors, except for the licences and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (1) use, display, mirror, or frame the Services or any individual element within the Services, including the layout and design of any page, without Operator’s express written consent; (2) use Operator’s name, any Operator trademark or logo, or any Operator’s proprietary information without our express written consent; (3) access or tamper with non-public areas of the Services, Opeartor’s computer systems, or the technical delivery systems of Operator’s providers; (4) test the vulnerability of any Operator system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Operator or any of Operator’s providers or any other third party (including another user) to protect the Services; (6) access the Services through the use of any mechanism other than through the use of an authorized connection by Opearator; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Operator provides to you or any other part of the Services.
USAGE OF THE SERVICES AT YOUR OWN RISK
If you rely on the Services, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the Services, but we make no endorsement, representation, or warranty of any kind about any content, information, or services. The accuracy of the data collected and presented through the Services is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive through the Services.
Use of the Services should not replace your good judgment and common sense.
LINKS TO OTHER RESOURCES
Although Operator may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties responsible for these other resources. You should carefully review the legal statements and other conditions of use of any resource which you access through a link via the Services. Your linking to any other off-site resources is at your own risk.
LIMITATION OF LIABILITY AND DISCLAIMERS
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to you or any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for health deterioration, health complications, altered medical and health conditions, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
The Services provide motivational tools that help you meet your wellness goals. Your set goals aim to create and maintain healthy habits or increase fitness. The Services and Operator are not a medical or health care service and do not provide health care services. The Services and Operator do not intend to be a substitute for professional medical consultation, advice or treatment from qualified doctors or specialists. Operator does not endorse any specific tests, doctor or medical professional, products, procedures or opinions. You must consult your doctor before using the Services. If you think that you have a medical emergency, call your doctor or emergency services immediately.
The Services, are provided “as-is”, without warranty of any kind. Without limiting the foregoing or any other terms or agreements you have with us, we explicitly disclaim all express or implied warranties arising out of or related to these Terms or the Services, including any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of the course of dealing or usage of trade. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
This means that while the Services are intended to help you pursue your personal fitness and wellness goals, we do not guarantee that you will achieve your goals. We make no endorsement, representation or warranty of any kind about any information on the Services, whether provided to you by any content available through the Services. We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive via the Services and we are not responsible for any health problems that may result from your reliance on the Services. If you engage in any health, fitness or wellness program or activities that you learn about through the Services, you agree that you do so voluntarily and at your own risk. If you experience a medical emergency while using the Services, consult with a medical professional immediately.
We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement in the Services. Continued use of the Services after any such changes shall constitute your consent to such changes.
ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to firstname.lastname@example.org.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove your content and other information related to your account. You may close your account at any time by deleting your account as indicated in the Mobile Application.