Terms
Parties
These Terms of Use (the “Agreement”) are a legally binding and valid agreement that, in addition to our Privacy Policy, governs the use of the service (the “Service”) as provided via the Visible app (the “App”) available in the Apple App Store and Google Play Store (the “Stores”).
The Service is provided by Visible Health Inc. a company registered at 251 Little Falls Drive, Wilmington, Delaware 19808 USA (“Visible”).
The Agreement controls the relationship between you and and does not establish any third party beneficiary rights.
You must be at least 16 years old (the “Minimum Age”) to create an account. If you are a parent or guardian of a dependent who is younger than the legal age of majority in your location of residence, you may accept this Agreement on behalf of the minor dependent, but thereby take full responsibility for their use of the Service.
By using the Service, you agree to the Terms of Service.
About Visible
The Visible app provides a way to keep track of, and find patterns between, your symptoms, activity levels, biometric data and other customisable factors (such as sleep, and lifestyle changes). We generally offer free basic services and fee-based subscription services that provide additional functionalities.
NOT MEDICAL ADVICE:
You agree that the Service constitutes a tool to help you identify what factors are positively or negatively affecting your health and to keep track of the long term trajectory of your illness, and that if you choose to utilise the service, you are solely responsible for deciding how you act in relation to your health. As such you agree that Visible is not a healthcare provider, and does not provide you with any actual medical advice.
Any advice or other materials provided through the Service and website (www.makevisible.com) are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. PLEASE DO NOT USE “VISIBLE” FOR MEDICAL PURPOSES. IN CASE OF ANY INDIVIDUAL HEALTH ISSUES, CONSULT A MEDICAL PROFESSIONAL.
The Service can be used in the following modes: (i) use subject to creating an account, in such case, data will be stored locally on your device as well as on our servers so that the Service can be used over several devices that are logged in (the “Online Service”), (ii) use subject to creating an account and subscribing to fee-based additional services (the “Subscription Service”).
Creating an account
Please register and create an individual account in order to access all of Visible’s free features and functionalities.
In order to use the premium features through our Subscription Service you have to register and create a personal account (the “Account”).
The process of registration requires explicit consent to this Agreement, including all documents incorporated herein by reference. Registration is completed when you confirm your e-mail address, or connect to the app through your Google or Apple account.
We are not obliged to accept any registrations and, in our sole determination and discretion, we shall decline the creation of any and all accounts that are intended to disrupt or falsify the Service or that, in fact, do disrupt or falsify the Service.
Use of the service
As a Visible user, you are entitled to use the services and content we provide. You may not, however, copy or publish any part of the app or services. By using Visible, you give us permission to use your anonymous information to improve the Service for all users.
Subject to your consent to this Agreement and your use of the Service, Visible hereby grants to you a personal, non-assignable, non-exclusive, limited license (the “License”) to use the software provided to you as part of the Service (the “Software”). You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Software. You may not reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by applicable law.
The Software may automatically download and install updates and upgrades from time to time without further notice to you. These updates are designed to technically improve and/or enhance the Software and the Service. You agree that we may automatically deliver such updates and upgrades to you as part of your use of the Service.
Using the Service (and/or providing input information) does not give you any legal right, title or interest in the Service or the Software. The Service and the Software are protected by copyright, trademark, intellectual property rights and other applicable laws.
You are solely responsible for and retain ownership of all profile information, data, files or other materials that you log, post, or otherwise add to the Service (“User Content”). Visible’s use of User Content shall be governed by our Privacy Policy. By creating an Account and using the Service, you accept and agree to the Privacy Policy. Visible is not in any way liable for your User Content. We assume no liability for the deletion, corruption, or failure to store any User Content maintained or transmitted through your use of the Service other than the liability required by applicable law, particularly with regard to the Subscription Service
You agree not to post, upload, publish, submit, store or transmit any content or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. You further agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
Limitation of liability
WE DO NOT ASSUME ANY GUARANTEE OR SPECIFIC LIABILITY AS TO THE SERVICE AND WITH REGARD TO THE PURPOSE OF YOUR USE. IN PARTICULAR, WE ARE NOT RESPONSIBLE IF YOU USE THE SERVICE FOR MEDICAL PURPOSES WHICH CONTRADICT THE EXPLICIT INTENTION OF OUR SERVICES.
VISIBLE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE SERVICE FOR MEDICAL PURPOSES OR ANY OTHER PURPOSE THAT IS AGAINST THE INTENDED USE OF THE SERVICE.
Product descriptions shall not be deemed guaranteed unless separately agreed in writing. We do not warrant that the Service can be used to achieve particular interests or that the output of the Service is complete and accurate. Rather, the Service shall only represent a tool that helps track and monitor according to the information provided by you.
Provided we are liable for damages caused by the Service according to applicable law, liability shall be limited as follows and the limitation shall also apply to our representatives. In the event of breaches of contract and corresponding liability caused by simple negligence it shall be limited to the typical average direct damages that were foreseeable at the time of concluding the contract. Neither we nor our legal representatives or agents assume any liability for breaches of non-essential contractual obligations arising from simple negligence; i.e. such obligations that are not required to perform the Service or this Agreement. The aforementioned limitations of liability do not affect any claims you raise under product liability law or a separate guarantee. For gross negligence and intentionally caused damages liability shall be unlimited. Further, the aforementioned limitations of liability do not apply to damages relating to life, limb and health attributable to us.
Data protection
Please read our Privacy Policy to learn about the use of your personal data related to Visible.
We take your privacy and data protection very seriously. We share and/or analyze your personal information only in the limited scenarios and for the limited purposes as explained in our Privacy and Policy available at https://makevisible.com/privacy.
By using the Service, you agree to the collection and use of personal information in accordance with our Privacy Policy.
Final provisions
Variation
We may vary these Terms of Use from time to time. You are advised to regularly check these Terms of Use for any such variation and note the date set out at the top of this page on which these Terms of Use were last updated. The amended Terms of Use will take effect on the date on which we publish any variation through the App and Services. If you do not agree with the amended Terms of Use then you have the right to stop using the Visible app and Services, and should do so immediately. Your continued use of the Visible app and Services after the date the changes have been posted will constitute acceptance of the amended Terms of Use.
Interpretation
Section headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use.
Termination and Waiver
You may end these terms by deleting your account at any time, and deleting the Balance App completely from all devices. We may end these Terms for convenience and without any liability, by giving you written notice.
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
Third Parties
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and remain enforceable between you and us.
We are an independent service provider for all purposes when carrying out our obligations under these Terms of Use. Nothing in these Terms of Use is intended to, or shall be deemed to, establish any other kind of legal relationship including partnership, agency, trustee, fiduciary duty, joint venture or any other form of legal association between us.
Notwithstanding any other provision in these Terms of Use, a person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce these Terms of Use.
Entire Agreement
These Terms of Use constitute the entire agreement as to its subject matter and supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
Jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by English law. You and we both agree that the courts of England and Wales shall have non-exclusive jurisdiction.
Nothing in these Terms of Use seeks to limit any mandatory rights that you may have as a consumer in your own jurisdiction or seek to prevent you from raising any claim in any court which you are entitled due to your status as a consumer.
Questions or comments about the Service or these Terms may be directed to us at the email address info@makevisible.com.