By clicking “I ACCEPT” you agree to the terms herein and enter into the legal and binding contract (the “Agreement”) with Velmio OÜ, a company registered in Estonia under No.14869931 (“Velmio”, “we”, “us”, “our”).The Agreement shall govern your access and use of our websites (including but not limited to, velmio.com website, mobile applications (including but not limited to, “Velmio” app, user interfaces, imbedded computer code and technology, as well as any information, services, social media pages, software functionality and/or materials located thereon (collectively the “Properties”).We will allow you to use the Properties on condition that you unconditionally agree to all terms and conditions set forth in this Agreement.You accept and conclude this Agreement by accessing and using any part of our Properties.If you do not agree with any terms and conditions of this Agreement, you are prohibited from accessing and using the Properties.
MEDICAL DISCLAIMERNo medical advice. The content, tips, material, analyses, suggestions, graphics, images, advertisements, and any other information provided by us through our Properties (the “Information”) is for educational and informational purposes only, and shall not be construed as, medical advice or recommendation for medical care or treatment. The content, tips, material, analyses, suggestions, graphics, images, advertisements, and any other information provided by us through our Properties (the “Information”) is for educational and informational purposes only, and shall not be construed as, medical advice or recommendation for medical care or treatment. The symptoms that you experience may have varying underlying causes, therefore the Information is not a substitute for medical professionals. No accuracy. We provide the Information in good faith, but make no representation or warranty of any kind, express or implied, concerning the accuracy, adequacy, validity, reliability, availability, or completeness of the Information. In particular, the Information is not intended to match that of medical devices or scientific measurement devices.Consulting medical professionals. Please seek the advice of a medical professional immediately if you are concerned about your health. You should never disregard the advice of such medical professional or cancel an appointment with a doctor because you are relying on the Information.Your own risk. You acknowledge and agree to use the Information at your own risk, “as is”, and without any warranties, whether expressed or implied. Under no circumstance shall we have any liability to you or any third parties for any loss or damage of any kind incurred as a result of the use and/or reliance on the Information.
LICENSE GRANTYour license. Subject to your compliance herewith, we provide to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to (i) access and use the Properties; (ii) access and view the Information. This license is provided solely for your personal, non-commercial use and enjoyment as permitted by the terms herein.Retention of rights. We reserve and retain all rights not expressly granted to you under this Agreement. You are prohibited from using the Properties in any manner not expressly and unambiguously authorized by the terms and conditions of this Agreement.Modification of Properties. We may modify or discontinue any feature, component, or content of the Properties. We are not liable to you for any modification or discontinuance of any feature, component, or content of the Properties. We reserve the right to push software updates, which may be automatically downloaded and installed without prior notice.
RESTRICTIONS TO YOUR USENo unauthorized access. You may not reproduce, reverse engineer, copy, or circumvent the Properties to obtain or attempt to obtain any data, calculations, materials, documents, or other information through any means not explicitly granted by us. You may not attempt to gain unauthorized access to any portion or feature of the Properties or any other systems, networks, or servers connected to the Properties. You may not test the vulnerability of the Properties, or networks or servers connected to the Properties, nor breach any associated security or authentication measures. You may not access, acquire, copy, modify, reproduce, store, transmit, license, sublicense, sell, create derivative works of, or otherwise exploit the Properties in any manner not explicitly provided in this Agreement.No illegal use. Further, you may not (i) reverse engineer our data analyses or underlying technology; (ii) interfere with the function or maintenance of the Properties; (iii) use, copy, imitate or duplicate trademarks, copyrights, trade dress or other identifying features or qualities of the Properties; or (iv) otherwise use the Properties in an unlawful manner. In addition, you agree to abide by all applicable local, state, federal and international laws and regulations with respect to your use of the Properties.
YOUR WARRANTIESYour specific warranties. By downloading, accessing, or using the Properties, you represent and warrant that: (i) you are at least 16 years of age (or any higher minimum age as required by the jurisdiction where that person resides) or, if you are under the age of 16, you have obtained the legal consent of your parent or legal guardian to enter into this Agreement; (ii) you will comply with the terms and conditions of this Agreement; (iii) none of your Postings will violate any right(s) of a third parties including, without limitation, any privacy, publicity, intellectual property, confidentiality and/or employment rights; (iv) you will not attempt to use another user’s account without authorization, or impersonate any person or entity; (v) you will not solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (vi) you will not post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; and (vii) you will not use the Properties in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Properties, or which may expose us or our users to any harm or liability of any type.Remedies. Any breach of the foregoing representations and warranties will be considered a substantial breach of this Agreement and will entitle us to immediately terminate this Agreement and/or seek any and all remedies available at law or equity.
Using your Personal Data. We may use the Personal Data through our Properties for our business purposes including, for example, to: (1) provide, maintain, and improve the performance of our Properties; (2) optimize health benefits and help avoid recurrent illness in users; (3) validate, improve, and personalize our sickness prediction technology; (4) perform data analyses and research, including through third parties; (5) troubleshoot against errors and debug our Properties; (6) perform market research and new product development; (7) track health data to determine sickness trends and data; (8) provide relevant marketing, advertising, and deal notifications; (9) provide you with sickness prediction, health tips, and other notifications; and (10) facilitate secure payments and transactions. For Personal Data subject to GDPR, we rely on several legal bases that allow us to process data, including: (1) your consent which you may withdraw at any time; (2) when processing is necessary to perform pursuant to our Agreement; and (3) other legitimate business interests, such as in improving, personalizing, and developing the Properties, marketing new or improving existing features or products, and promoting safety and security for our users.
Postings. The Properties may enable you access to upload, post, store, share, send, or display information on communication portals, information exchanges, blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features and functionality (collectively, “Forums”). By submitting content or information of any type (collectively referenced herein as a “Posting(s)”) to the Properties or by otherwise using the Properties to transmit or display your data, you automatically grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty- free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your content, in whole or in part, including your name and likeness, in any media. You are responsible for your content. You agree that by using the Properties you will not upload, post, display, or transmit any materials on the Properties’ Forums that: a) interferes with or disrupts the Properties or the operation or use thereof, such as computer viruses; b) defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others; c) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; d) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; e) is fraudulent, false, misleading, or deceptive; (f) is defamatory, obscene, pornographic, vulgar, or offensive; g) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; h) is violent or threatening, or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances. We do not endorse or oppose any opinion or the reliability of any advice, statement, or other information displayed, uploaded, or distributed by you or any other user. We are not responsible for monitoring or policing Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Postings. We reserve the right to delete, preserve, disclose or take other action with respect to Postings (or parts thereof) to: (i) enforce this Agreement; (ii) comply with relevant laws, regulations, legal processes or governmental requests; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests or reports of violations; and/or (v) protect the rights, our property or safety, or property or safety of our users and the public. If you violate this Agreement, we may issue you a warning or terminate your use of the Properties. If you become aware of any Posting(s) that violate this Agreement, you may contact us.Mandatory account opening. Full use of the Properties requires that you create an account by providing us with information such as your valid email address and a password. You are responsible for all activity associated with your account. We are not responsible or liable for any losses 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 your use of the Properties.Mobile devices. The Properties will provide interfaces and services available to you on your smartwatches, electronic wearables, mobile phones and/or other mobile devices (the “Mobile Services”). Mobile Services may incorporate, for example, the use of data and short message service. Your mobile carrier’s messaging, data, and other rates and fees will apply to your use of the Mobile Services. You may also be prohibited, restricted, or prevented by your mobile carrier from using certain Mobile Services. You are solely responsible for any costs and/or restrictions associated with the Mobile Services.Location-based services. We may use GPS signals, triangulation, and other information collected and used by your mobile device. The use of this information is needed for some aspects of our technology to provide a more accurate sickness prediction. If you choose not to allow access to your location information, your use of the Properties may be affected.