These terms of service (the “Terms”) tell you the terms on which you may use the Services that Humanity makes available through the Humanity app (“App”).
Please read these Terms carefully before you start to use the App. By using the App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the App.
1.1 The App is provided by Humanity Inc., a company registered in the State of Delaware, USA (“Humanity”, “we”,“us” and “our”).
2.1 In these Terms, the following words shall have the meanings given to them below:
“Third Party Content”means any content uploaded to the App by any other user of the App that is not you;
“Services” means the services that Humanity makes available through the App which allow you to track, manage and share information related to your well-being; and
“Your Content” has the meaning given in section 9.1;
3.1 You can contact us in the following ways:
3.1.1 by email at: email@example.com
4.1 We will mainly contact you by sending notifications to your device.
4.2 We may also contact you by email using the details you provided when creating your account. As such, you must notify us as soon as possible if any of your details change.
5.1 You must be 18 or older to create an account with us.
5.2 You may use the App for personal use only and not for any commercial purpose, unless Humanity has given its prior written consent to such usage.
5.3 You must provide accurate and complete information when creating your account and keep your account information updated. We may suspend or terminate your account and access to the App if any information provided proves not to be accurate or current.
5.4 You are responsible for maintaining the confidentiality of your account details,including your passwords or any other piece of information that forms part of our security procedures. You authorize us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.
5.5 You must contact us immediately if you believe that your account has been compromised or if you believe that the security of your account is at risk.
5.6 You are responsible for all activity under your account even if someone else uses your account.
6.1 Once you have created your account, you can access the Services in the following ways:
6.1.1 you can use the Services free of charge. Under a free account, you can use the Services to generate your Humanity rate of aging;
6.1.2 you can subscribe to receive certain additional Services (“Premium Services”) by tapping the upgrade section within the App. This involves paying the relevant subscription fee (see section 7).A description of the features associated with the relevant Premium Services is available via the App.
6.2 Unless specifically stated otherwise, any new features, services or software applications introduced shall be subject to these Terms.
7.1 Subject to availability, you may purchasePremium Services as a monthly, quarterly, semi-annual or yearly subscription (“Subscription”).
7.2 The following conditions apply to Subscriptions:
(a) You must pay for Premium Services upfront in full at the beginning of your Subscription.
(b) We do not collector store any of your payment information. Payment of subscription fees is managed by Apple.
(c) When you purchase a Subscription, the sale is final and we will not be able to provide a refund. Your purchase will be subject to Apple’s applicable payment policy.
(a) Unless you cancel your Subscription, the Subscription will automatically renew at the end of the Subscription period for the same period of time as the initial Subscription and you will be charged in full for the renewed Subscription.
(a) You may cancel your Subscription by using the “Subscriptions” function in your phone’s settings and also linked from the App (which will lead you to the“Subscriptions” function in your Apple ID).
(b) You are not entitled to a pro-rated refund if you choose to cancel your Subscription before it expires. You will continue to have access to the Premium Services you have purchased for the remainder of the Subscription, unless you choose to delete the App.
(c) You must cancel your Subscription before it renews in accordance with these Terms in order to avoid being charged the subscription fee for the next payment period.
7.2.4 Cooling off:
(a) Under applicable consumer protection law, you may have the right to change your mind in relation to a Subscription within 14-days of purchasing it, provided you have not received any Premium Services under it. This is known as the “cooling off period”.
(b) Please note that you do not have a right to receive a full refund if you have started to receive the Premium Services within the 14-day cooling off period, provided you have been told and acknowledged this. By agreeing to these Terms, you have done both. Once you have signed up to a Subscription you will automatically be given access to the relevant Premium Services and you cannot rely on your right to cancel and receive a refund.
8.1 We grant you a limited,non-exclusive, non-transferable license to install and use the App on your mobile device for the purposes of accessing and using the App and the Services.
8.2 All intellectual property in the App (including the screen displays, the content, the text, graphics and look and feel of the App), belongs to us or our licensors. All trademarks,service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights. We do not warrant that the App does not infringe any intellectual property rights of third parties.
8.3 In the event of any claim that the App or your possession and lawful use of the App infringes a third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
8.4 You may not reproduce, republish, transmit or distribute any material, information or content on the App, or that form part of our Services, without our prior written consent. We reserve the right, in our sole discretion and without notice to you, to terminate your license and to prevent future access by you to the App.
8.5 When using the App, you may not:
8.5.1 circumvent, disable or otherwise interfere with any security related features of the App;
8.5.2 permit another person to use the App on your behalf unless such person is authorized by you;
8.5.3 use the App if we have suspended or banned you from using it;
8.5.4 use the App in any way that breaches any applicable local, national or international law or regulation;
8.5.5 upload or share content that:
(a) is pornographic or indecent, or that contains extreme acts of violence or terrorist activity, including terror propaganda;
(b) is harmful, threatening, defamatory, obscene,infringing, harassing or racially or ethnically offensive; or
(c) violates the privacy or other rights of third parties;
(d) advocates bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity,sexual orientation, disability or impairment;
8.5.6 advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, or conduct that causes damage or injury to any person;
8.5.7 modify, interfere with, intercept, disrupt or hack the App;
8.5.8 misuse the App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the App or any user of the App’s own equipment;
8.5.9 collect any data from the App other than in accordance with these Terms; or
8.5.10 use any automated system including, without limitation, “robots”, “spiders” or “offline readers” to access the App in a manner that sends more request messages to the App than a human can reasonably produce in the same amount of time,
(together referred to as the “Rules of Acceptable Use” in these Terms).
8.6 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and may result in us taking all or any of the following actions (with or without notice):
8.6.1 immediate, temporary or permanent withdrawal of your right to use the Humanity Service;
8.6.2 removal of Your Content;
8.6.3 issuing a warning to you; or
8.6.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
8.7 The responses described in section 8.6 above are not limited and we may take any other action we reasonably deem appropriate.
8.8 We reserve the right, in our sole discretion and without notice to you, to terminate your access and to prevent future access by you to the App.
9.1 When you use the App, you may upload content and materials, including but not limited to photos, videos and audio recordings or other material (“Your Content”). These Terms do not give us any rights to Your Content except for the limited rights that enable us to provide the Services.
9.2 You must not upload or share content using the App unless you have the right to do so.
9.3 We are not responsible for Your Content or any Third Party Content accessible on the App. You will reimburse Humanity for any liability it incurs in connection with any third party claim relating to Your Content.
9.4 Humanity may, in its sole discretion, remove any of Your Content from the Services.
9.5 Any person may contact us at hello@Humanity.com to make us aware that Your Content may infringe their rights or our Rules of Acceptable Use.
10.1 The Services are designed to allow you to track,manage and share your wellness-related information. Any material we provide through the App or resulting from your use of the Services, including any recommendations or suggestions, is for informational and educational purposes only and does not constitute medical advice, diagnosis and/or treatment.
10.2 Certain of the Services we provide through the App provide information to you based on information entered. They do not diagnose your own health condition or make treatment recommendations for you. You should seek appropriate medical advice before taking any action that may impact on your health.
10.3 Humanity does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App.
10.4 The Services we provide are not a substitute for a doctor or other healthcare professional. You should not take or stop taking any action (such as taking medicines) based on any information obtained from our Services. We make no warranties in relation to the output or results of our Services.
11.1 WE PROVIDE THE APP ON AN "AS IS" AND"AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER,SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, DEPENDING ON YOUR COUNTRY OF RESIDENCE.
11.2 We do not guarantee that the App will always be available or be uninterrupted.
11.3 You agree that your use of the App is at your own risk.
11.4 We will not be liable to you if for any reason the App is unavailable at any time or for any period.
12.1 We need to collect certain personal information from you in order to provide you with the Services we make available through the App.
13.1 If you are accessing theServices for free, we may close your account and/or prevent your access to and use of the Services or the App at any time by providing you one month’s notice without liability to you.
13.2 If you have purchased Premium Services under a Subscription, we may terminate your Subscription, close your account and/or prevent your access to and use of the Services of App with immediately effect if:
13.2.1 you breach, or we suspect you are in breach of, the Rules of Acceptable Use set out in section 8.5 above;
13.2.2 we suspect that you are doing something illegal;
13.2.3 any fees due under these Terms are outstanding forthirty (30) days from the due date; or
13.2.4 in our reasonable opinion,the security or integrity of the App or Services has been, or may be,compromised or is otherwise at risk.
14.1 If the App and/or Services fail to meet the standards required by applicable law (for example, if the App is faulty), please contact Apple for information as to any refund you may be entitled to.
14.2 Humanity shall only be liable under these Terms for losses which are reasonably foreseeable and caused by Humanity's breach of these Terms or Humanity's negligence.
14.3 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
14.4 In any event, our maximum aggregate liability to you in respect of the App and the Services (whether in contract,tort (including negligence), breach of statutory duty or otherwise) shall in no circumstances exceed the sum of one hundred US dollars ($100).
14.5 Nothing in these Terms excludes any statutory rights which may apply to your use of the App and associated Services which cannot be excluded, restricted or modified by contract.
14.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
Although we have taken all reasonable care to ensure that the features and functionalities provided on the App are of a reasonably satisfactory standard, certain features may rely on your device or networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which is caused by events outside our reasonable control.
16.1 From time to time we may automatically update the App to improve performance, enhance functionality,reflect changes to our products or regulations, or address security issues. Alternatively, we may ask you to update the App for these reasons.
16.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
17.1 We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the App and, where appropriate, notified to you by email. By continuing to use and access the App following such changes, you agree to be bound by any changes we make. Please review this page frequently to see any updates or changes to these Terms.
17.2 The latest version of these Terms will always be available on the App.
While we take all reasonable precautions to keep the App free from viruses, corrupt files and other malicious software, we cannot guarantee this. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device.
The App may contain links to third party websites or resources. Humanity provides these links and resources only as a convenience and is not responsible for the content, products, or services on or available from those websites or in those resources, the links displayed on such websites or the privacy practices of such websites. We recommend that you read and consider these websites’ privacy policies and terms and conditions before providing any of your personal information.
20.1 These Terms are between you and us only and not between you and Apple, Inc (“Apple”). Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.
20.2 Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims,losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Humanity as provider of the App.
20.3 You acknowledge and agree that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App, including, but not limited to:
20.3.1 product liability claims;
20.3.2 any claim that the App fails to conform to any applicable legal or regulatory requirement; and
20.3.3 claims arising under consumer protection or similar legislation,
and all such claims are governed by these Terms andany law applicable to Humanity as the provider of the App.
20.4 You acknowledge that, inthe event of any third-party claim that the App or your use of the App infringes a third party’s intellectual property rights, Humanity, not Apple,will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
20.5 You represent and warrant that you are not located in a country that is subject to US Government embargo,or that has been designated by the US Government as a “terrorist supporting”country, and you are not listed on any US Government list of prohibited or restricted parties.
20.6 Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms as related to your licence of the App against you.
21.1 If you have a complaint or dispute with us relating to the Services, in the first instance, please contact us via [firstname.lastname@example.org] and we will attempt to resolve the complaint or dispute informally.
21.2 If we are unable to resolve your complaint or dispute with you informally, we will suggest an appropriate consumer focused mediation or arbitration dispute resolution service based on the nature of the complaint or dispute and your location.
21.3 Whilst you are under no obligation to resolve your complaint or dispute using this service, we would hope that you will use this service as we consider this the most cost effective and appropriate way to resolve complaints and disputes with our users.
22.1 The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
22.2 These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
22.3 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
22.4 Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.
22.5 These Terms shall be governed and construed in accordance with English law. However,this does not exclude any mandatory legal rights you may have in your country of residence, where we are not allowed to exclude such as a matter of law. The English courts will have jurisdiction but this does not affect your ability to make a claim in your country of residence where you have this right.