terms of use

1 general

1.1. These Terms of Use Agreement (“Agreement“) apply to the use of Balansio (“System”) and Balansio application (“Application“) developed by ProWellness Health Solutions Ltd (“ProWellness“). In this context, the Application refers to the mobile application installed on Your (“You“, “User“) mobile device, and the System to the Internet service the User becomes entitled after they register to Balansio. Balansio is a CE marked medical device.

1.2 This Agreement sets forth the legally binding terms and conditions that apply to You, who use the Application or System offered by ProWellness. The User accepts this Agreement and agrees to the terms and conditions described within when taking the Application or System into use. By accepting this Agreement, the User commits to use the Application and System according to the terms and conditions described in the Agreement and gives ProWellness a permission to process the personal data stored into the System as set forth in this Agreement and in the data protection document.

1.3 Use of the Application and the System requires User to accept this Agreement and the terms and conditions described within. ProWellness reserves the right not to accept the User.

1.4 The Application and the System are provided to You for Your personal, non-commercial use. If You are interested in using the Application or the System for a professional or commercial purposes, You must contact ProWellness to obtain and agree to other written terms and conditions.

1.5 The Application or System may contain links, and they may be connected to third party websites or services. Use of these third-party products may require an additional fee and it may be subject to separate terms of use. To use these third party products is Your decision and You take full responsibility for it.

1.6 If You have any questions regarding the Application or the System, contact ProWellness at:

2 Licenses

2.1 By accepting to this Agreement, the User is entitled to use the Application and the System as described in the terms and conditions within.

2.2  By this Agreement, ProWellness and its licensors retain all rights to property, copyright, and any and all other intellectual property rights to the Application and the System, and to other related software systems, modifications of new software systems, and any software updates.

3 User's Rights and Obligations

3.1 You are entitled to install and use a copy of the Application on any compatible mobile device in Your use. You are entitled to create one account to the Service for Your own use.

3.2 You are solely responsible for the use of the Application installed on Your device(s) and the use of the Service. You are solely responsible for using the Application and the Service in compliance with their intended use, use instructions, and this Agreement.

3.3 Any information You provide to the Application and/or to the Service (“User Data”) shall be accurate, complete, and up to date. You are solely responsible for the completeness, accuracy, and precision of Your User Data regardless of its source, including but not limited to, any measurement device, or third party software application or service, and input method, including but not limited to manual input or automatic download.

3.4 As a condition of use, You promise not to use the Application or the Service for any purpose that is prohibited by these Terms of Use or any applicable law or regulation, or is in any other manner harmful or offensive, or interferes or may interfere with ProWellness’ capability to provide service to its customers. ProWellness reserves the right to deny the use of the Application and/or the Service at any time for any reason, or, if ProWellness is concerned that You may have violated these Terms of Use, for no reason at all.

3.5 ProWellness may require You to create an account to the Service in order to use or continue to use the Application. By creating an account and by signing in to Your account with the Application, Your User Data, including settings, are automatically synchronized and stored into the Service. If you decide not to create an account to the Service, ProWellness is entitled to prevent You from using or continuing to use the Application. ProWellness does not, in any circumstances, view, use, or disclose Your identifiable User Data to third parties without Your express consent, unless it is not specifically required in order to provide the Service according to these Terms of Use.

3.6 ProWellness is allowed to promote or advertise its own and any third party products and/or services to You through the Application and/or the Service. These promotions can be based on Your User Data and/or any information derived from Your use of the Application and/or the Service. ProWellness does not, in any circumstances, view, use, or disclose Your identifiable User Data or other information to such third parties without Your express consent.

3.7 ProWellness may enter into business arrangements with third parties to enable You to discover additional products and/or services provided by ProWellness or these third parties through the Application and/or the Service. You may be able to purchase or subscribe these products and services through the Application and/or the Service, and share Your User Data with these third parties and/or their products or services. You recognise and understand that these third party products and services may include recurring and/or one time fees for which You become liable by purchasing or subscribing them. Sharing Your User Data with any third parties is solely at Your own risk. ProWellness or its contractual third partied do not, in any circumstances, view, use, or disclose Your User Data to third parties without Your express consent.

3.8 ProWellness does not offer medical advice or diagnosis, or engage in the practice of medicine. The Application and/or the Service are not intended for a time-critical or emergency use. The Application and/or the Service are not intended to be a substitute for professional medical advice, diagnosis, or treatment, and are offered for informational purposes only. You should always seek the advice of a healthcare professional in case You have any questions regarding Your medical condition, the use of medication or medical devices, or if You think of changing Your lifestyle. Never disregard professional medical advice or delay seeking it based on the information provided by or available through the Application and/or the Service. You are solely responsible for any decisions or actions You take based on the information provided by ProWellness or in connection with the use of the Application and/or the Service.

3.9 You shall defend, indemnify, and hold harmless ProWellness from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, which arise from or relate to (i) Your use or misuse of the Application and/or the Service, or (ii) Your use or misuse of third party products and/or services with or through the Application and/or the Service, or (iii) Your violation of these Terms of Use or any applicable law, contract, policy, regulation, or other obligation.\n\n3.10 You have the right to report on ProWellness to the Data Protection Officer.

4 PROWELLNESS’ OBLIGATIONS

4.1 ProWellness maintains the Application and the Service and generates parts of their content. The Application and the Service include content generated by ProWellness, third parties, or the User, including information derived from the use of the Application and/or the Service. ProWellness and its contractual third parties are responsible for the legality of the editorial content of the Application and the Service, but they are not responsible for content generated by other third parties or the User. ProWellness and its contractual third parties are not responsible for the accuracy or other characteristics of the products and/or services, or the sites of other third parties that may be used or accessed through the Application and/or the Service.

4.2 The Application and the Service are provided \“as is\” and “as available”. The Application and the Service are subject to change, and they are reviewed on a regular basis. Updated versions may be made available time-to-time and the use of an outdated versions of the Application and/or the Service may be prevented. ProWellness and third parties providing any products or services with or through the Application and/or the Service reserve the right to decide to introduce a new version of their product and/or service, and to prevent the use of the existing versions at any given time without prior notice. ProWellness does not guarantee that (a) the Application and/or the Service or third party products or services promoted by or provided with or through the Application and/or the Service will be available at any time or location, that (b) any defects or errors will be corrected, nor that (c) any content available at or through the Application and/or the Service is free from viruses or other harmful components.

4.3 User’s health-related information is stored into the Application's own database and on the Service’s own database, if the User has created an account, i.e. registered. The Service database locates inside the European Union (EU).

4.4 Under no circumstances can ProWellness be held responsible for any indirect or consequential damages or liabilities caused by or occurred when using the Application and/or the Service. ProWellness’ liability for direct damages is limited to the amount of the Application and/or the Service fees paid by the User directly to ProWellness for the last one (1) month, excluding fees related to any and all third party products and/or services paid through or to ProWellness. The limitation of liability does not apply in case of a direct damage caused deliberately by ProWellness.

4.5 Under no circumstances can ProWellness be held responsible for any damages or liabilities, direct, indirect, or consequential, caused by or occurred while using any third party products or services, contractual or not, through the Application and/or the Service. In case of any such incident or claim, the User agrees to directly contact the third party in question.

5 USE OF USER INFORMATION

5.1 ProWellness processes User Data fairly, lawfully and carefully, and in accordance with good processing practices. Anyone operating on behalf of ProWellness in the form of an independent trade or business, is subject to the same duty of care.

5.2 Anonymous User Data, including anonymous data on User’s health and data derived from Application usage, such as the time and location of use, actions taken, or length or frequency of use, may be used for statistical and commercial purposes, for research, to improve the products or services developed and provided by ProWellness and/or by a third party. ProWellness is duty-bound to disclose anonymous details only. Identifiable personal data will not be disclosed outside ProWellness without the User's express consent.

6 CONTRACT MODIFICATION

6.1 ProWellness has the right to amend or update all and any parts of the terms of this Agreement unilaterally by introducing a new version of the Application and/or the Service. The changes will take effect by taking the new version of the Application and/or the Service into use and accepting the new version of these Terms of use. The latest accepted Terms of Use is in effect and covers also the User Data stored before accepting the new version of the Agreement. Once the modified Terms of Use enter into force, further usage of a previous version of the Application and/or the Service may be disabled and the User may need to update the Application and/or the Service to the appropriate version on all devices into which the Application has been installed and/or which the Service is used on.

6.2 User may not accept the new version of this Agreement and decide not to use the Application nor the Service anymore. Under such circumstances, User must uninstall and remove the Application, including any previous versions of the Application, from all the devices User has installed the Application on. User must stop using the Service.

6.3 ProWellness may terminate this Agreement with a User at any time and deny the User from using the Application and/or the Service, in case the User is not using the Application and/or the Service in compliance with this Agreement.

6.4 All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability. ProWellness may maintain User Data for the period of time required by law. ProWellness may maintain anonymised User Data for an unlimited period of time.

7 FORCE MAJEURE

A strike, lockout, fire, telecommunication disturbance, an authority order, or other force majeure not caused by ProWellness, its partners, or subcontractors discharges ProWellness from following the terms of this Agreement for the time of the force majeure.

8 GOVERNING LAW AND JURISDICTION

This Agreement is governed and interpreted in accordance with Finnish law. All disputes arising from or in connection with this Agreement shall be settled in Helsinki District Court.