Terms of Service
Effective date: 01.04.2021
We are Activate Health OÜ, a private limited company, incorporated under the laws of Estonia, registration code 16035006, registered address Valukoja tn 10, 11415, Tallinn, Estonia (hereinafter “Activate Health”, “we”, “us” or “our”). Activate Health operates the website www.activate.ee and its subdomains (hereinafter the “Web Site”), and the software, databases, interfaces, associated media, documentation, updates, new releases and other components or materials incorporated therein or integrated therewith (hereinafter collectively the “Platform”).
Through the Platform, we aim to provide our customers with the wellness and health related services as described in these terms of service (hereinafter the “Terms of Service”) and on the Platform. Any service made available by Activate Health via the Platform is hereinafter referred to as the “Service” or the “Services”.
Terms of Service apply to all persons who use the Services. The term “Customer” or “you” refers to a natural person who has entered into the Agreement with Activate Health.
By accepting these Terms of Service and/or by using the Services you confirm that you have carefully read and understand these Terms of Service and that you agree to be bound by the Terms of Services and policies referenced herein. Once accepted by you, the Terms of Service form a legally binding contract between you and Activate Health for using the Platform and Services (hereinafter the “Agreement”).
- The Platform offers various Services related to health and wellness. The Services intend to help the Customer to manage, track, audit and improve his/her overall health, wellness and wellbeing.
- For the described purposes, the Service enable the web-based environment:
- to track, audit and analyse health and wellbeing related information and
- to seek advice and consult with various health and wellbeing specialists, such as nutrition counselors, sleep counselors, personal trainers, mental well-being counselors connected to the Platform (hereinafter the “Coaches”).
- The Platform is not intended for diagnostics or medical use. The Platform does not provide health services in the meaning of the applicable law. The use of the Platform and the Services is permitted only on the confirmation that you do not have any health related problems that may put you at any risk, such as for example and not limited to, a diet prescribed by a doctor, serious illness, recent major surgery, transplanted organs or other devices (such as artificial cardiac pacemaker), overly high blood pressure, restrictions on movement, serious back/neck/knee or other conditions which restricts movement, etc.
- For diagnosis, treatment or in case of existing or suspected health issues, you shall always consult a doctor or health care service provider. Upon using the Services you shall always bear in mind that “health services” are the activities of “health care professionals” for the prevention, diagnosis or treatment of diseases, injuries or intoxication in order to reduce the malaise of persons, prevent the deterioration of their state of health or development of the diseases, and restore their health. Health care professionals are doctors, dentists, nurses and midwives who shall obtain relevant activity licenses. To obtain “health services” you shall always turn to “health care professionals” and not use the Platform or Services provided via Platform.
- Upon using the Services, you shall always bear in mind that the Coaches are not health care professionals in the meaning of the applicable law when providing consultation via the Platform. Even if the relevant Coach may be the health care professional and may provide health services outside the Platform (for example Coaches holding a medical degree who are doctors), such Coaches do not provide health services in the meaning of the applicable law via the Platform. All counselling and advice given by the Coach via the Platform shall not be considered as health service. All counselling and advice given by the Coach via the Platform shall be taken as recommendation for wellbeing and not as health advice or diagnosis. For diagnosis, treatment or in case of health issues you shall always contact the doctor.
- Activate Health is committed to developing and improving the Services on an ongoing basis. This means that the exact scope and content of the Services made available through the Platform is evolving and may vary from time to time. Up to date information about the content of the Platform and Services is provided on Platform.
Accessing the services
- For accessing the Services, the Customer shall download Activate Health application “hereinafter the “Application”) to its device, register via Platform, accept the Terms of Service and create an account (hereinafter the “Account”). Access to some Services may require payment of a fee. In such cases, the payment shall be made by the Customer in accordance to these Terms of Service.
- The Customer shall be responsible for maintaining the confidentiality of any username, passwords and other log-in details used to access the Services. The Customer shall inform Activate Health immediately if the Customer believes the security of the Customer Account has been compromised.
- You may access the Services if you are at least 16 years of age.
Rights granted to the customer & restrictions on use
- Subject to the Terms of Service, the Customer is granted a limited, revocable, non-exclusive license to use the Platform and Services, in accordance with these Terms of Service.
- The Platform (including all features on and content created by Activate Health on the Platform) and the Services are either licensed to or solely and exclusively owned and operated by Activate Health, including that the intellectual property rights, including, but not limited to, any and all copyrights, trademarks, service marks and trade names contained in the Platform and the Services, are owned by Activate Health, its affiliates and/or third - party licensors.
- The Customer is not allowed to lease, rent or commercialise in any way the software or other features provided via the Platform or the Services. The Customer shall not provide third- party access to the Platform or Services. The Customer confirms that it understands that the use of the Platform and/or Services does not grant the Customer any rights of ownership or otherwise in of any content available on the Platform or via the Services.
- Unless provided by applicable law, the Customer shall not modify, translate, disassemble, decompile or re-engineer a part or the whole of the Platform or Services. The Customer shall not copy, distribute or publish any content of the Platform or Services or any information obtained or derived therefrom, unless provided by applicable law or unless otherwise permitted by Activate Health.
- It is prohibited to:
- use the Platform or Services for diagnosis or to determine the medical condition;
- use the Platform or Services to treat any physical or mental medical condition;
- use the Platform or Services for any unlawful purpose;
- solicit others to perform or participate in any unlawful acts;
- violate any international or local regulations, rules and laws;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- submit any false or misleading information;
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the software or Services;
- spam, phish, pharm, pretext, spider, crawl, or scrape the Web Site;
- use the Services for any obscene or immoral purpose;
- interfere with or circumvent the security features of the Platform or Services or any related website, other websites, or the Internet;
- use the Platform or Services if you are not able to form legally binding contracts (for example if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- transfer your account to another party;
- circumvent any technical measures we use to provide the Services.
- The Customer shall retain all rights, including intellectual property rights, to any content, data and information uploaded by the Customer to the Platform during the use of the Services (hereinafter the “Customer Content”), subject to any third party rights and the terms of any licence under which you use such Customer Content.
- In order to provide the Services and operate the Platform, Activate Health requires a license to use the Customer Content. For that purpose, the Customer hereby grants Activate Health a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to reproduce, distribute, modify, adapt, prepare derivative works of, publicly display and publicly perform and otherwise use or exploit the Customer Content to be able to provide the Services in accordance to these Terms of Service.
Payment & applicable fees
- The Services or part of the Services may be subject to fees (hereinafter the “Fee”), that may include a subscription-based fee (hereinafter the “Subscription Fee”), and/or other fees for additional services, provided that the Customer has selected to order such additional services subject to additional fee, payable as according to the respective Order. “Subscription” means a subscription to access the Platform and Services, purchased in accordance with the Terms of Service. “Order” means the order for Subscription or other Service subject to the Fee.
- All pricing information is available on the Platform and the Web Site. Activate Health reserves the right to change prices and to add, alter, or remove special offers from time to time and as necessary and in accordance with applicable laws. Changes will not affect Orders that have already been purchased but may affect renewals of Subscriptions or Orders made in the future.
- Prices on the Platform include VAT or other applicable taxes.
- If the Customer chooses to use the Services subject to Fee, the Customer will be guided through the Order process when making a purchase. The Fees are not refundable. Before confirming a purchase, the Customer will be given the opportunity to review chosen Order and amend any errors in the Order. Please ensure to check carefully before confirming your purchase.
- The acceptance of the Order made the Customer by Activate Health will be indicated by Activate Health sending the Order confirmation to the Customer by email and/or via Platform. Generally, the Order confirmations contain the following information:
- Confirmation of the Order;
- pricing information;
- other necessary details related, as applicable.
- Payment methods accepted by Activate Health at any given time are provided on the Web Site. Payment for the Order will be due at the time of purchase. Chosen payment method will be billed immediately upon confirmation of the Order.
Privacy & data processing
Contact details & notices
- All notices between the Customer and Activate Health (including any invoice, notice or other communication) in connection with these Terms of Service shall be communicated in writing by e-mail, via Web Site or via Platform.
- The Customer undertakes to ensure, at all times, that its e-mail address disclosed upon registering is valid and in working order.
- Any notice sent to the Customer’s e-mail address provided upon registration and/or via the Platform shall be deemed to be received by the Customer after 5 (five) calendar days have passed from sending such notice.
Term & termination
- The Agreement concluded on the basis of these Terms of Service without a specified term.
- Both the Customer and Activate Health have the right to cancel the Agreement ordinarily, by serving the other party a thirty (30) days prior notice.
- Activate Health is entitled to terminate the Agreement extraordinarily if the Customer has committed a material breach of any of the Terms of Service, or has committed any breach of the Terms of Service and has not remedied breach within 10 (ten) days after being notified by Activate Health.
Liability & indemnification
- The Platform, the Services and any content or features made available in conjunction with or through the Platform or the Services is provided “as is” and “as available”, without any warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Activate Health disclaims all warranties.
- The content made available via the Platform and by your use of the Services is for informational purposes only. The Customer should not construe any such information or other material as medical or other advice or to self-diagnose or treat any physical or mental condition or illness.
- To determine the state of health, diagnosis, or to treat any physical or mental condition or illness you shall always contact your doctor or health care service provider and you shall not rely on the information provided via the Services.
- In case of any health concerns, you shall always contact your doctor or health care service provider. Depending on the severity of the health concern you shall contact your family doctor or turn to emergency medicine centre or even call an ambulance.
- Life-threatening conditions always require an ambulance. Such conditions are, for example, if the person appears to be having a stroke, appears to be having a heart attack, has lost consciousness, is unresponsive, or is not responding appropriately; is having a seizure Is having shortness of breath or difficulty breathing, is bleeding uncontrollably, is having a severe allergic reaction, has severe burns, has swallowed something poisonous, has thoughts of harming themselves or others, has taken too much medication on purpose or by accident, including drug misuse or abuse. In the event of the life-threatening conditions you shall never use the Platform and Services and shall always immediately call an ambulance.
- Activate Health does not guarantee that the information contained on the Web Site or information made available via the Platform and/or via the use of the Services is accurate and complete. Activate Health assumes no responsibility for any Losses incurred by Customer as a result of the use of the Services and/or the Platform. For the purpose of these Terms of Service, “Losses” means all claims, liabilities, actions, obligations, damages, costs, expenses, losses, fines, penalties, fines, fees, judgements, and/or amounts paid in settlement (including legal fees).
- Upon change of any circumstances, Activate Health has no obligation to update, modify or amend the information once made available via the Platform and by the use of the Services or to otherwise notify any recipient thereof if any opinion, prediction or estimate becomes inaccurate. The Customer undertakes to treat information made available via the Platform and by your use of the Services with critical care and attention. The Customer understands that after the date of publication the information may become outdated.
- The Customer agrees to not to hold Activate Health, its affiliates, directors, board members, employees or any third party service provider liable for any Losses arising as a result of any decision made by the Customer based on information made available via the Platform and by the Customer’s use of the Services.
- Activate Health does not warrant or guarantee that the Services will be compatible with all or any hardware and software which the Customer may use, available all the time or at any specific time, uninterrupted, secure or suitable for your requirements.
- Activate Health does not guarantee that the use of the Services will always be uninterrupted, timely, secure or error-free. The Customer confirms that it understands that there might be occasions when the Service may be interrupted for an indefinite time period, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to the failure of telecommunications links and/or equipment. Activate Health shall make its best efforts to notify of such scheduled events with reasonable time in advance.
- Activate Health is dedicated to improving the Platform and the Services. Therefore, we may, from time to time provide or make available updates or upgrades, including, without limitation, bug fixes, service enhancements, new features, deletion of existing functions, or modifications. Updates will be governed by these Terms of Service, unless separate terms and conditions and privacy statement are provided with such updates, in which case that separate terms and conditions and privacy statement shall govern the updates.
- Activate Health shall not be responsible for the following, among others:
- any permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Platform or Services;
- any interruption or cessation of transmission to or from the Platform or Services;
- any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Platform or Services;
- any decision made or any action taken by you in reliance of the data or recommendations provided by us;
- deletion of, corruption of, or failure to store any content or data;
- any disclosure, loss or unauthorized use of the login credentials due to your failure to keep such credentials confidential;
- the incompatibility of technologies used for accessing the Platform and Services, for example if certain features, functions, parts or elements of the Services are designed for use on a mobile device using IOS software and do not function on other platforms.
- In any case, the total aggregate liability of Activate Health for the violation of these Terms of Service shall be limited to the amount which is equal to the amount actually paid by the Customer to Activate Health for the yearly use of the Services in the year in which the cause for liability arose. If the fee paid by the Customer to Activate Health is 0 euros, then the entire liability of Activate Health shall be limited to 0 euros as well. The limitation is not applied in case of wilful breach of this Agreement.
- The use of the Services, the Agreement and all legal relations formed thereunder will be governed by the laws of the Republic of Estonia. The Customer who is a consumer also enjoys the protection of the mandatory provisions of the law that would be applicable in the absence of this term.
- If a dispute resulting from the Agreement or the Terms of Service cannot be settled by negotiations, then the dispute will be finally solved in Harju County Court in Tallinn, Estonia. If the Client is a consumer, jurisdiction is determined in accordance with the mandatory provisions applicable to consumers and such Customer may also use the Online Dispute Resolution tool available at http://ec.europa.eu/odr.
- The Agreement is considered effective as of accepting the Terms of Service. For the avoidance of any doubt, the Customer may not use the Platform or Services before the acceptance of the Terms of Service.
- The Agreement and these Terms of Service shall automatically extend to any new features, functions, enhancements and developments in the Platform and Services, including the release of new tools.
- If any term, condition or provision of these Terms of Service is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
- The failure by Activate Health to exercise or enforce any provision of or any of the rights of Activate Health under these Terms of Service shall not mean that we have deemed a waiver of future enforcement of that or any other provision or right.
- Non-performance of the obligations of Activate Health under these Terms of Service shall be excused if it is caused by force majeure. Force majeure in the meaning of these Terms of Service are circumstances which are beyond the control of Activate Health and which Activate Health could not reasonably have been expected to take into account, avoid or overcome the impediment or the consequences thereof which Activate Health could not reasonably have been expected to overcome.