Terms and Conditions last updated on
Version 3.0, 25 May 2018
Version 2.0, 27 March 2018
Version 1.0, 16 October 2016
AHA is a distributed Health Records platform that enables secure, fast and transparent usage and sharing of medical and healthcare data to analyse health risks before its too late. AHA provides products and tools that track everyday health and fitness to empower you to take ownership of your health, and to put you at the center of your care.
These Terms and Conditions of Service (“Terms”) govern your use of our platform, app, our website, and other AHA services (collectively, the “AHA Service”).
You must accept these Terms to create a AHA account and to use the AHA Service. If you do not have an account, you accept these Terms by visiting www.ahahealth.io or using any part of the AHA Service.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, DO NO VISIT WWW.AHAHEALTH.IO OR DONOT USE THE AHA SERVICE.
These Terms May Change
These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.ahahealth.io. We will notify you by email, through the AHA Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the AHA Service after a modification is posted, you are telling us that you accept the modified terms.
Who Can Use AHA Service?
You may use the AHA Service if you are over 18 years of age and are not barred from receiving services under applicable law. You may connect to the AHA Service using a device that is distributed or sold by or on behalf of AHA Health; the AHA mobile applications; the AHA platform; or approved third-party devices.
Creating an Account
Full use of the AHA Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. AHA Health is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the AHA Service. These communications are part of the AHA Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Full use of the AHA Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the AHA Service and it is your responsibility to ensure the equipment’s functionality.
AHA Health’s Rights
“AHA Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the AHA Service to you. Except for Your Content, AHA Content, the AHA Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United Kingdom and the European Union, and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AHA Service.
What You Can Do On AHA Service
The AHA Service is intended for your personal, non-commercial use.
AHA Health grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to (1) access and view the AHA Content, (2) access and use the software and mobile applications provided by the AHA Service, and (3) use the software that is embedded into any AHA products as authorised in these Terms. This license is provided solely for your personal use and enjoyment of the AHA Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the AHA Content, AHA Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AHA Health or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do with AHA Service
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 AHA Service: (1) use, display, mirror or frame the AHA Service or any individual element within the AHA Service, AHA Health’s name, any AHA Health trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without The AHA Health’s express written consent; (2) access or tamper with non-public areas of the AHA Service, AHA Health’s computer systems, or the technical delivery systems of AHA Health’s providers; (3) test the vulnerability of any AHA system or breach any security or authentication measures; (4) circumvent any technological measure implemented by AHA Health or any of AHA Health’s providers or any other third party (including another user) to protect the AHA Service or AHA Content; (5) access the AHA Service or AHA Content through the use of any mechanism other than through the use of an Authorised Connection, AHA Service or AHA API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that AHA Health provides to you or any other part of the AHA Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the AHA Service, AHA Content, or Your Content or to review or edit any AHA Content or Your Content, but we have the right to do so for the purpose of operating the AHA Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the AHA Service, any AHA Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the AHA Content, Your Content, or your use of the AHA Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the AHA Service.
Use The AHA Service At Your Own Risk
Our goal is to provide helpful and accurate information on the AHA Service, but we make no endorsement, representation or warranty of any kind about any AHA Content, information, services or recommendations. The accuracy of the data collected and presented through the AHA Service is only as accurate as the data that you input or that of the data collected by a connected device.
If you rely on any AHA Content or the AHA Service, you do so solely at your own risk.
Consult Your Doctor Before Using The AHA Service
The AHA Service is not intended to diagnose, treat, cure, or prevent any disease, its aim is to help you manage your health conditions If you have a medical or heart condition, consult your doctor before using the AHA Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the AHA Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the AHA Service. If you engage in any exercise program you receive or learn about through the AHA Service you agree that you do so at your own risk and are voluntarily participating in these activities.
Use Common Sense
Use of the AHA Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany any device you may purchase, and connect with a AHA product or service.
Additional Policies Apply To Product Orders
The AHA Health’s Terms of Sale and Return Policy and Warranty apply to purchases made through the AHA store at www.ahahealth.io. All orders placed are subject to The AHA Health’s acceptance. We may accept, decline, or place limits on your order for any reason.
Feedback And Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by AHA Health, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by AHA Health and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the AHA Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links On AHA Service
The AHA Service may contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under AHA Health’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
AHA Health Does Not Control Third-Party Services That You Link With Your AHA Account
Changes To The AHA Service
AHA Health may change or discontinue, temporarily or permanently, any feature or component of the AHA Service at any time without notice. The Self Care People is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the AHA Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by AHA products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting us. Upon any termination, discontinuation or cancellation of the AHA Service or your account, the following provisions of these Terms will survive: The AHA Health’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The AHA Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE AHA SERVICE AND AHA CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the AHA Service or AHA Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the AHA Service or any AHA Content. You acknowledge and agree that if you rely on any AHA Content or the AHA Service, you do so solely at your own risk.
You will indemnify and hold harmless AHA Health and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the AHA Service, (ii) Your Content, or (iii)your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER AHA HEALTH, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE AHA SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE AHA SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AHA HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL AHA HEALTH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE AHA SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO AHA HEALTH FOR USE OF THE AHA SERVICE OR ONE HUNDRED POUNDS (£100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO AHA Health, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AHA AND YOU.
You agree that any dispute between you and AHA Health arising out of or relating to these Terms of Service, the AHA Service, or any other AHA products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the United Kingdom and the European Union without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against AHA Health, you agree to try to resolve the Dispute informally by contacting us. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or AHA Health may bring a formal proceeding.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the AHA products or AHA Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between AHA Health and you regarding the AHA Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AHA Health and you regarding the AHA Service and AHA Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without AHA Health’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. AHA Health may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by AHA Health under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the AHA Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
AHA Health’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AHA Health. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Please contact us if you have any questions about these Terms.
AHA Health Ltd
71-75 Shelton Street
London WC2H 9JQ