The present User Agreement (or Agreement, or Terms) is a public offer, i.e. an offer of a Forchheim Limited, Cyprus (hereinafter - "Company", or "We", or "Us" ) to conclude an agreement on the following conditions with an unlimited circle of users. The consent of the User (acceptance) to conclude the contract with Company on the proposed terms and conditions is supposed to be unconditional and complete, that is, the User fully accepts all the terms and conditions of the contract proposed by the Company, acting on their own will and in their interest.
The User (or "You") accepts the offer to conclude the contract on the terms of this User Agreement at the moment of starting using the Application.
By registering as a User on the website getsober.one (hereinafter - "Official Website") or creating User Account in the Application the You agree to receive newsletters of advertising and information nature from the Company to the e-mail address specified during registration. You are informed that in case you wish to unsubscribe from the information mailing list of the Site, you will have to follow the link "Unsubscribe from the mailing list" or send an e-mail with the corresponding content.
You may print a copy of this Agreement for your records and we highly recommend you do so. This Agreement remain effective from the date of acceptance until terminated by you or Us in accordance with this Agreement.
You cannot accept this Agreement if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with the Company. By accepting this Agreement you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian's permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws.
In some countries there exist legal and/or other restrictions on usage of the Services and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Services. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.
1. Basic concepts
1.1. Agreement - this User Agreement with all additions, amendments and obligatory documents specified in it.
1.2. The Company — Forchheim Limited, registered in Cyprus (reg. number HE375155), which explores the lifestyle of people, the impact of bad habits on the body, physical, mental and emotional condition.
1.3. Application (or Service) - a computer program designed for installation and use on a User's computer or mobile device, which allows the User to get advice and information support about the state of his health through the Internet.
1.4. The User is a capable individual who accepts the terms and conditions of this Agreement and has the technical means to use the Application in the Internet.
1.5. Consultant - an engaged specialist, who has passed an internal training program.
1.6. Personal Data - information related to and identifying the User.
1.7. User Account (or User Profile, or Personal Profile) - personal information space of the User in the Application (including profile, account, etc.). Access to the User Account is provided to the User after successful registration in the Application.
1.8. User Content means any Content that User provides or imports to be made available through the Services. Content includes, without limitation, User Content.
2. Subject of Agreement
2.2. Company undertakes to provide the User with information and consulting services in the field of healthy lifestyles and rejection of harmful habits, and the User agrees to pay for the services on the terms and methods offered by the Company.
2.2. Company services include:
2.2.1. Providing the User with access to the Application and the opportunity to download and install the Application;
2.2.2. Rendering consulting and information support services in the field of healthy lifestyle using the Application (including push notifications, sms, online chat) or directly by the Consultant;
2.2.3. Execution of the User's tasks (related to Application nature) by the Consultant.
2.3. The Services provided by the Company under this Agreement are not medical and the activities of the Company and are not subject to licensing under the laws of any country.
2.4. Company Consultants may or may not have higher medical education, scientific degrees and titles, medical licenses, certificates and certificates. Company consultants are not administratively or criminally liable for breaches of professional ethics and job descriptions.
3. Rights and duties
3.1. Company has the right:
3.1.1. Change the content, terms and methods of provision of services under this Agreement, including the cost of services and the procedure of their payment without consent and notice to the User;
3.1.2. Store the information about User's health and way of life obtained in the course of provision of the Services, which is necessary for full and quality provision of the Services under the Agreement;
3.1.3. Without the User's consent engage third parties for consultations in the course of provision of services under the Agreement if necessary;
3.1.4. Unilaterally amend and supplement this Agreement. The current version of the Agreement is mandatorily published on the the Company official website by indicating the date of the current version;
3.1.5. To refuse to provide services to the User in case of violation of the terms of this Agreement by the User;
3.1.7. Provide information that characterizes the User's condition (stress, energy, activity, sleep, productivity) to the third parties who are customers of the services actually provided to the User (persons who have concluded a contract with the Company on provision of services in favor of a third party - the User) and / or providing services to the User in a single package, which, among others, includes the services of the Company.
3.2. Company undertakes:
3.2.1. Provide services of high quality and answer all questions of the User;
3.2.2. Provide the User with an opportunity to create a User Account in the Application for provision of services. Technical support is provided through consultations and ready answers to frequently asked questions of the User, as well as through direct communication of the Consultant with the User;
3.2.3. Provide services to the User immediately after receiving payment in accordance with the payment terms;
3.2.3. Comply with the legislation on personal data. In this case, the User confirms that he has read and accepts the terms of the Agreement on the processing of personal data.
3.3. The User undertakes:
3.3.1. Notify the Company about deterioration of their health condition in case such deterioration is related to the use of recommendations and instructions received by the User in the Application;
3.3.2. To perform all necessary actions to analyze and evaluate their health condition, including measuring and placing indicators in the Application, communicating with the Consultant, etc., to achieve the greatest effect of using the capabilities of the Application;
3.3.3. Pay for the services of the Company in a timely manner and in the manner prescribed by this Agreement;
3.3.4. To periodically review the current version of the Agreement;
3.3.5. Provide the Company with reliable and complete information about their health status, lifestyle and bad habits.
3.4. The User has the right:
3.4.1. Require the Company to perform the services provided by this Agreement properly, and in case of violation of the terms of the Agreement by the Company to unilaterally withdraw from the Agreement;
3.4.2. Provide access to the User Account to its proxy, who provides professional assistance, including coach, doctor, corporate program supervisor, etc.;
3.4.3. At its discretion, change the settings of the User Account, including login and password and other information;
3.4.4. Observe the process of providing services under the Agreement without interfering with the process of providing services.
4. Cost of the Company's services
4.1. The cost of the Company's services is published on the official website of the Company and in the Application.
4.2. The user pays for the services by cashless method (without issuing an invoice) with a bank card by entering the necessary data on the bank card in the Application or on the official website of the Company.
4.3. The service (subscription) period is extended automatically if the automatic extension mode is not suspended by the User in the Application.
4.4. The money is charged within three days before the end of the paid period. In case it is impossible to charge the funds, the provision of services is suspended in 30 days afterwards.
4.5. The minimum term for specifying the service (subscription) is 1 (one) calendar month.
5.1. The user agrees to receive the newsletter on the following conditions:
5.1.1. In accordance with this Agreement the User undertakes to take all necessary measures to keep the e-mail address provided upon registration in the Personal profile in the Application confidential.
5.1.2. The User is responsible for any actions taken by him/her personally and/or third parties to whom he/she has provided his/her e-mail address, including the use of an e-mail address that does not belong to the User for registration in the Application.
5.1.3. Information mailing is performed by the Company without charging a fee to the User.
5.1.4. Company shall unilaterally limit or terminate the newsletter to the e-mail address provided by the User.
5.1.5. The User is entitled to unsubscribe from the newsletter by sending a corresponding letter to the e-mail address firstname.lastname@example.org, indicating "Unsubscribe from the newsletter" in the subject or by following the link "Unsubscribe from these emails".
5.2. Company undertakes not to use the e-mail address provided by the User when registering in the Application for sending information not related to the provision of services under this Agreement.
5.3 In order to implement this Agreement the User gives the Company permission to use, store, process and distribute personal data in the manner and to the extent necessary to fulfill the terms of this Agreement. The User agrees to transfer to the third parties personal and other data, including for the purposes of their processing, to ensure the functioning of the Application, implementation of partner and other programs, provided that in respect of the transferred data the mode similar to the existing Application, including, but not limited to, transfer of personal data to the persons affiliated with the Company or who have concluded agreements with them, as well as to the third parties in cases when such transfer is necessary for the User to use a certain service or to execute a certain agreement or contract with the User. Processing of personal data is carried out according to the policy on processing of personal data of the Company.
6. Limitation of liability
6.1. The User defines the list of organizational and software tools to keep his/her accounting information secret and provide authorized access to it. Company is not responsible for losses incurred by the User as a result of disclosure of the User's account information to third parties, which occurred through no fault of the User. If any person other than the User logs in to the Application using the User's account information, all actions taken by such person will be considered to have been taken by such User. The User is independently responsible for all actions taken by him in the Application, as well as for all actions taken in the Application by any other person using User's account information.
6.2. Company does not guarantee that the software contains no errors and/or computer viruses or other code fragments. Company provides the User with the opportunity to use the software "as is", without any guarantees from the Company.
6.3. Absence of an opportunity for the Company to control or ensure compliance with clauses of this Agreement does not mean refusal from it. In case of failure of the software operation, disturbance of the Internet, equipment during the service provision by the User, the Company is not responsible, and the service is considered to be performed. In this case the User has no right to ask for any compensation.
6.4. Company is not responsible for losses caused to the User as a result of inaccurate information provided by another User, as well as losses caused by actions (inaction) of another User. Company does not guarantee that the information contained in User Account is true and complete.
6.5. Company makes every effort to ensure normal operation of the Application, but is not responsible for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as for possible losses incurred, including but not limited to, as a result:
— unauthorized actions of Users aimed at violation of information security or normal operation of the Application;
— failures in the Application caused by code errors, computer viruses or other foreign code fragments in the Application software;
— lack of (inability to establish, terminate, etc.) Internet connections between servers;
— carrying out by state and municipal authorities, as well as other organizations of events within the framework of the system of operatively-search actions;
— establishment of state regulation (or regulation by other organizations) of business activities of commercial organizations on the Internet and / or establishment of one-time restrictions by these entities that hinder or make impossible the execution of the Agreement;
— other cases related to the actions (inaction) of Users and/or other entities aimed at reducing the overall situation with the use of the Internet and / or computer equipment that existed at the time of the Agreement, as well as any other actions aimed at the Application.
6.6. Company has the right to perform preventive maintenance work in the hardware-software complex with temporary suspension of the Application's operation at night if possible and minimizing the time of its inoperability by notifying the User if technically possible.
6.7. In the event of force majeure, as well as accidents or failures in software and hardware systems of third parties cooperating with the Company or actions (omissions) of third parties aimed at suspension or termination of the Application's operation, the operation of the Application may be suspended without prior notice to the User.
6.8. Company is not responsible for violation of these Rules by the User and reserves the right at its own discretion, as well as when receiving information from other users or third parties about violation of these Rules by the User, to change (moderate) or delete any information published by the User, which violates the prohibitions established by these Rules (including personal messages), to suspend, limit or terminate the User's access to all or any of the sections or services at any time by the User. Company reserves the right to delete the User's profile and (or) suspend, limit or terminate the User's access to any of the services if it finds that, in its opinion, the User poses a threat to the work of the official site and / or Application and (or) its other Users.
6.9. Company is not responsible for temporary blocking or deletion of information or deletion of personal page (termination of registration) of the User in accordance with this Agreement.
6.10. Deletion of the User's profile means automatic deletion of all information posted on it, as well as all information of the User entered during registration in the Application. After deleting the personal page, the User loses the access rights to the Application.
6.11. None of the Parties shall be liable for full or partial non-fulfillment of any of their obligations, if the non-fulfillment is a consequence of such circumstances as flood, fire, earthquake, other natural disasters, war or military actions and other force majeure circumstances, which occurred after the conclusion of the Agreement and do not depend on the will of the Parties.
6.12. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by User through the Services is at his own risk.
6.13. Company do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. User understands that by using the Services, he may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
6.14. User is responsible for his use of the Services, for any User Content he provides, and for any consequences thereof, including the use of his User Content by other Users with whom he participates in a group chats. He should only provide User Content that he is comfortable sharing with others under this Agreement. Company will not be responsible or liable for any use of User's Content by the Company in accordance with this Agreement. User represents and warrants that he has all the rights, power and authority necessary to grant the rights granted herein to any User Content that he submits. He also represents and warrants that neither his User Content, nor his use and provision of his User Content to be made available through the Services, nor any use of his User Content by Company on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6.15. User is solely responsible for his interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between him and other Users. Company shall have no liability for his interactions with other Users, or for any User's action or inaction.
7. Intellectual property
7.1 All exclusive rights to the Application as a whole and to its individual elements belong to the Company.
7.2 The use of the Application is regulated and subject to the current laws on protection of copyrights, trademarks, inventions, utility models, industrial designs, trade secrets and use of other intellectual property.
7.3 None of the provisions of this Agreement may be considered as an agreement on transfer of exclusive rights owned by the Company, User or other persons.
7.4. All elements, including text, graphic images, design elements or software code placed in the Application are protected by copyright, and their placement, copying or processing is not allowed without the consent of the Company. The logo, name, design elements, design elements and general appearance of the Application are the intellectual property of the Company and their use without the Company's consent is prohibited.
7.5. Subject to the terms and conditions of this Agreement, User is hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason.
7.6. Company does not claim any ownership rights in any User Content. User retains his rights to any User Content he submits, posts or displays on or through the Services. Subject to his ownership of his User Content, all right, title, and interest in and to the Services and Content are and will remain the exclusive property of the Company and its licensors (including other Users).
7.7. In order to make the Services available to User and other Users, Company needs a license from User. By submitting, posting or displaying User Content on or through the Services, User grants us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
7.8. Company may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to User's Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
8. Final Provisions
8.1. This Agreement comes into force upon its acceptance by the User and can be unilaterally terminated by any party.
8.2. In anything else that is not provided for in this Agreement, the relevant legal provisions shall apply.
8.3. All issues not regulated by this Agreement will be resolved by negotiations. If no agreement is reached on any issue, the dispute will be submitted to the court at the place of the IP location.
8.4. This Agreement constitutes relationship between User and the Company with respect to User's use of the Services.
8.5. If any provision of this Agreement (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Agreement without affecting the legality, validity or enforceability of the remainder of the Agreement.
8.6. The failure by the Company to exercise, or delay in exercising, a legal right or remedy provided by this Agreement or by law shall not constitute a waiver of the Company's right or remedy.
8.7. We may make changes to this Agreement from time to time and we will publish the changes at this link. The changes will be effective when published. User should review the Terms on a regular basis. User acknowledges and agrees that his express acceptance of the Terms or his use of the Services after the date of publication shall constitute your agreement to the updated Agreement. If he does not agree with the amended Agreement, he may terminate this Agreement in accordance with the set forth below.
8.8. If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under this Agreement.
8.9. This Agreement shall be governed by and interpreted in accordance with the laws of United Kingdom without regard to its conflict of laws provisions.
8.10. This Agreement were drafted in English (US). We may provide User with a translation of the English language version of this Agreement. In the event of any inconsistency between a non-English version of this Agreement and the English version, the English version shall prevail.
8.11. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FOR THE SENSEE. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THIS AGREEMENT YOU GRANT TO COMPANY THE RIGHTS SET FORTH HEREIN.