TERMS FOR USE
IMPORTANT NOTICE: ALVINONE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE AND DOES NOT GUARANTEE THE ACCURACY OF THE RISK CALCULATIONS, PREDICTIONS, EVALUATIONS OR FEEDBACK IT PROVIDES. YOU USE ALVINONE APPLICATION AT YOUR SOLE RISK. YOU SHALL NOT SUBSTITUTE MEDICAL CONSULTATIONS BY A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ALVINONE. YOU MAY BECOME ILL EVEN IF SUCH RISK IS NOT REPORTED BY ALVINONE.
Terms – The conditions upon which the user agrees to use AlvinOne
You – The user of AlvinOne application, services and websites related to it
AlvinOne – The AlvinOne application, services and websites
We – Odum Oy (Business ID 0224529-8)
Material – Any evaluations, predictions, assessments or reports provided by AlvinOne
User account – The personal account in which user information is stored and the user uses to access AlvinOne
We and our Personnel – We and our affiliates, partners, directors, employees, subcontractors, licensors and agents
You understand and agree that AlvinOne is an application that aims to a) calculate a prediction of your possible health risks in the future using a machine learning algorithm and b) evaluate status of pain experience, mood, ability to work, alertness, addictions (smoking, alcohol), Type 2 diabetes, weight and physical activity compared to normative data. Personal feedback is generated by the application.
You understand and agree to that we do not guarantee the accuracy of the risk predictions, calculations,,evaluations and feedback. You may become ill even if such risk is not reported and you may be in better or worse condition than according to the prediction and/or health evaluation.
You understand and agree to that your use of AlvinOne shall not be a substitute to medical consultations by a physician or other qualified healthcare professional.
2 APPROVAL OF THE TERMS
By registering to use AlvinOne, you acknowledge that you have read, understood and agree to be bound by these Terms. If you should at any time not agree to these Terms you shall promptly terminate your use of AlvinOne.
By registering and using AlvinOne, you acknowledge that you have read and understood the Instructions for Use, which are available at AlvinOne.com. You also agree to comply with the described instructions.
3 AGE LIMIT
You represent and warrant that you between the age of 18 and 64 years old and competent to enter into and be bound by these Terms.
You may not use AlvinOne for any commercial purposes without our prior written consent.
4 HOW ALVINONE WORKS
AlvinOne performs its calculations, evaluations and predictions based on health information you enter upon being asked. It is important to enter the true, accurate and complete information as all assessments are based only on the information you have given.
On the basis of the information you have given. AlvinOne calculates your risk of becoming ill, performs electronic health evaluations and provides personal feedback on how to proceed (these risk calculations, evaluations and feedback altogether Material).
AlvinOne is not a medical device and all Material available at AlvinOne is provided for informational purposes only and shall not be interpreted as a diagnostic tool, medical advice or medical practice under any circumstances. AlvinOne should never substitute a consultation with a physician or other qualified medical professional.
We do our reasonable efforts to develop AlvinOne so that it provides you as accurate Material as possible. However, there are always such individual circumstances we cannot know or foresee. Thus, we cannot take responsibility for the accuracy of the Material and you are to only use it at your sole risk.
We reserve the right to make improvements or changes to AlvinOne without notice. We also reserve the right to temporarily withdraw AlvinOne from use for technical reasons or to protect your rights.’
5 USER ACCOUNT
You will obtain a user account by registration (the “User Account”). Your user account from which you access AlvinOne is personal and cannot be shared. You must keep your User Account password secret and ensure your phone cannot be unlocked without a passcode or your fingerprint. Information stored in your User Account is confidential. AlvinOne is not in any way liable for any unauthorized use of your User Account.
For optimal performance of AlvinOne, you must provide accurate User Information to your User Account. You are also responsible for keeping your User Information up-to-date.
6 PRICE, PAYMENTS AND END OF USE
Downloading AlvinOne is free of charge and AlvinOne does not include in-app purchases. Some features of AlvinOne, such as the AlvinOne Health Analysis and Prediction, are part of AlvinOne Business Services and cannot be accessed outside those Services. You can find more information on AlvinOne Business Services on www.alvinone.com or by contacting us at email@example.com.
In certain cases, you may obtain some physical goods. Such goods are considered as marketing gifts and do not contribute to the price. We have no obligation to replace, or in any other way compensate you for faulty marketing gifts.
The mobile devices, internet connections or mobile networks required to use AlvinOne are not included in AlvinOne. You as the user are responsible for obtaining, maintaining and updating any necessary devices or connections you need to be able to use AlvinOne.
7 HOW WE PROCESS YOUR PERSONAL DATA
8 INTELLECTUAL PROPERTY RIGHTS
AlvinOne is owned and operated by us. All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up AlvinOne are protected under applicable intellectual property rights (including but not limited to copyrights, trademarks and other proprietary rights) and we or our affiliates own or have licensed them. Use of AlvinOne does not give you ownership of any intellectual property rights in any of the Material or content of AlvinOne whatsoever.
9 PROHIBITED USE
You may not copy, redistribute or publish any part of AlvinOne unless we have given you prior express written consent.
You agree not to circumvent, disable, damage or interfere with or get unauthorized access to any security-related features on AlvinOne. You agree not to intentionally interfere with, disable, remove or damage the operation of AlvinOne, including but not limited to uploading or otherwise disseminating worms, viruses, spyware or other harmful or malicious code.
10 YOUR REVIEWS AND TIPS
You are responsible for ensuring that in any reviews or tips you provide concerning AlvinOne, you comply with applicable legislation and do not use words or expressions that may be taken as discriminatory, insulting or offensive in any forum that may be associated with us. Further, you give us a right to publish and otherwise use such reviews or tips as such or as amended. We are not obliged to pay any compensation for any use of your reviews or tips.
To the maximum extent permitted by applicable law, we and our affiliates, partners, directors, employees, subcontractors, licensors and agents (“We and our personnel”) (a) disclaim all warranties, either express or implied including but not limited to implied warranties of fitness for a particular purpose and non-infringement (b) shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of AlvinOne or acting according to feedback or guidance provided in the Materials. We explicitly do not make an exclusion for death or personal injury. AlvinOne is provided ‘as is’ and ‘as available’ for your use without taking legal liability for the correctness of the Material. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Our personnel and we shall in no event be liable an amount that exceeds the total amount of 0€.
12 OUR RIGHT TO TERMINATE THE SUBSCRIPTION
We reserve the right to terminate the use of AlvinOne by giving a notice in AlvinOne not later than 30 days prior to the termination.
13 OUR RIGHT TO AMEND THESE TERMS
We reserve the right to amend these Terms at any time to the extent permitted by law. We agree to notify you of the amended Terms and request to approve the Terms. If you do not agree to the changes after such notification you must not continue to use AlvinOne. If you do continue to use AlvinOne, you will be bound by the modified Terms.
14 GOVERNING LAW AND DISPUTES
These Terms shall be governed by and construed in accordance with the laws of Finland, without regard to choice or conflicts of law principles.
Any disputes or claims that arise in connection with these Terms (including any non-contractual disputes and claims arising out of or in connection with them) shall be settled by District Court of Helsinki as first instance. The consumers are also allowed to submit the dispute or claim to the District Court of their home municipality.
Further, the consumer may submit the disputes or claims for the Finnish Consumer Disputes Board. Information on the procedure is available at: https://www.kkv.fi/kuluttajaneuvonta/.
If any provision of these Terms should be held to be illegal or unenforceable, in whole or in part, such provision or part shall to that extent be deemed not to form a part of these Terms. The enforceability of the remainder of these Terms shall not be affected, provided that the remaining provisions of these Terms shall be reasonably adjusted to redress any imbalance caused by such unenforceability.
15.2 Contact details
We welcome your feedback regarding AlvinOne. If you have any questions or suggestions regarding our Terms, please contact us at firstname.lastname@example.org.
Our address is Odum Oy, Hitsaajankatu 22, 00810 Helsinki, Finland.