Terms and Conditions

LAST UPDATED: 29 January, 2020

IMPORTANT – Please carefully read the terms and conditions of this end user license agreement.

Accepting the Terms and Conditions of Use. Thank you for downloading the Dip UTI app (the "App"). Please read these terms and conditions carefully before using this App, the urine test kit or any part of the related services, as they constitute a legally binding agreement between you and Healthy.io Ltd., with registered office at 2 Ibn Gabirol Street., Tel-Aviv, Israel, ("Healthy.io", "Us", or "We").

ANY USE OF THIS APPLICATION, THE KITS OR ANY OF THE SERVICES PROVIDED FROM TIME TO TIME BY US ON OR IN CONNECTION WITH OUR KITS OR APPLICATIONS (COLLECTIVELY, THE “SERVICE”), IS SUBJECT TO AND CONDITIONAL UPON AGREEMENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). BY USING THE SERVICE, YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT (i) YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT AND (ii) YOU ARE BASED IN THE UNITED KINGDOM.

We may change the terms of this Agreement from time to time by posting notice on the App. We will inform you when this occurs. Your continued use of the Service shall constitute your consent to any changes made. If you do not agree to the new terms, you should not use the Service.

DISCLAIMER. The Service is a tool that allows your smartphone to turn into a dipstick urine analysis scanner. The Service helps administer the test and sends the test for analysis in our servers.

THE SERVICE DOES NOT, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE OR SERVICES. DO NOT USE THIS APP FOR SELF-DIAGNOSIS OR SELF-MEDICATION. WE EMPHASIZE THAT WE ARE NOT IN ANY WAY A HEALTH SERVICE PROVIDER OR A MEDICAL ORGANIZATION AND CANNOT GIVE OUT MEDICAL ADVICE OR DIAGNOSIS. ALWAYS SEEK THE ADVICE OF A HEALTHCARE PROFESSIONAL FOR ANY MEDICAL QUESTIONS YOU MAY HAVE. RELYING ON INFORMATION PRESENTED IN THIS APP IS AT YOUR OWN RISK.

  1. The Service

    1. Access and use of the Service is permitted only for your own personal use and only as long as you are in compliance with this Agreement.

    2. We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse Service or terminate the Service at any time, and may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Service (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, Our determination that you violated the letter or spirit of this Agreement or an infringement of the rights of others or any applicable laws or regulations.

    3. You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service. In addition, We may, from time to time, perform maintenance upon the Service resulting in interrupted service, delays or errors in the Service.

    4. Although we try to make the Service always available to you, We cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not.

  2. Submission of Content

    As a condition use the Service you warrant and represent that (i) you are at least eighteen (18) years of age; (ii) you are based in the United Kingdom, and (iii) you have all necessary right, power and authority to enter into and perform under this Agreement.

    You are entirely responsible for all your use and consequences of using the Service and submitting your urine results on the Service.

  3. General User Conduct

    In connection with the Service, you agree (i) to abide by all applicable laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. Without limiting the above, you may not:

    • Allow or facilitate a third party, to violate or infringe any rights of Us or others or our policies or the operational or security mechanisms of the Service.

    • Use the Service in any way that restricts or inhibits the use of the Service.

    • Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Service (including without limitation trademarks, service marks and logos contained in the Service ("Marks") but excluding Content provide entirely by you).

    • Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or any of the Service's security and traffic management devices.

    • Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Service, submit Content, or monitor or scrap information from the Service.

    • Create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not.

  4. User Responsibilities

    Healthy.io does not hold responsibility for maintaining the security of the mobile device upon which the user downloads and operates the App. Healthy.io thus has no involvement or responsibility in the following circumstances, where the user takes on full responsibility:

    • Where the user provides their thumbprint or passcode to their mobile device in order to access the application, Healthy.io does not have access to this information and is therefore not responsible for unauthorised access to the App where the device’s security controls have been compromised. Healthy.io is not responsible for the safeguard or security of your device.

    • The user is responsible for protecting their device from unauthorized access which could lead to unauthorized access to the Application Service. Where the mobile device is stolen or subject to unauthorized access, Healthy.io is not responsible for the exposure of any information within the App stored on that device.

  5. Proprietary Rights

    The App, including without limitation the Marks, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to the App and as a collective work or compilation, pursuant to laws and international conventions. You acknowledge and agree that we (or its licensors) own and will own all intellectual property rights in or relating to the Service, the App and our Marks. Any rights to the App, Marks or Service not expressly granted herein are reserved by Us. We make no claim of ownership as to the trademarks of any third party linked or displayed on the Service, or with respect to any publisher or publication mentioned on the Service.

  6. Links to Other Websites and Applications

    The Service may contain links and references to websites and applications of others. We may, from time to time, at our sole discretion, add or remove links. These links are provided solely as a convenience to you, and access to any such websites or applications is at your own risk. If you decide to transfer any of your content (including urine results) to any third-party website or application, you do so solely at your entire discretion.  When you leave the App or Service it is your responsibility to read the terms and conditions and privacy policy of each other website and applications that you visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites or applications. In no event will We be responsible for the information contained in, transmissions received from, or your use of or inability to use, such websites or applications, or their practices.

  7. Licence

    You grant to Us a royalty-free right to use your data and content solely in order to provide the Service in accordance with this Agreement.

  8. Data Protection and Privacy Statement

    Please visit our {Privacy Policy} for more information on privacy matters.

    Without derogating from the Privacy Policy, it is hereby clarified that for the purposes of the Data Protection Act (2018) and the European General Data Protection Regulation (2016) Healthy.io operates as a Data Controller. As a Data Controller, Healthy.io is responsible for determining the purposes and means of the processing of personal data, as further described in the Privacy Policy.

    If you have any concerns with how your data is being used, you can contact us at the following address: support@diputi.com. You may also contact the Information Commissioner’s Office (ICO) who oversee data protection in the UK. To find out more visit the ICO website https://ico.org.uk/make-a-complaint.

  9. Disclaimers of all Warranties

    THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE AND OUR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE OR USE AND SATISFACTORY QUALITY, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. 

  10. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, (i) UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, ITS POINTS-OF-SALE, SUPPLIERS, DISTRIBUTORS OR WHOLESELLERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE; AND (ii) OUR AND OUR POINTS-OF-SALE, SUPPLIERS’, DISTRIBUTORS’ AND WHOLESELLERS’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED £100.  NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH THE LAW DOES NOT ALLOW A PARTY TO LIMIT OR EXCLUDE.

  11. Governing Law and Exclusive Courts

    This Agreement will be governed by laws of England and Wales and subject to the exclusive jurisdiction of the courts of England.

  12. General

    This Agreement comprises the entire agreement between you and Us, and state our and our suppliers' entire liability and your exclusive remedy with respect to the Service, and supersede all prior agreements pertaining to this Agreement’s subject matters. If any provision of this Agreement is held to be contrary to law, such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. Our suppliers are third-party beneficiaries of this Agreement. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Us to a successor of all or substantially all of Our business or assets.

Copyright © 2020, Healthy.io ltd. All rights reserved.