Terms of Use

Ornament Health AG (“us”, “we”, or “our”) operates Ornament Monitor mobile application (hereinafter referred to as the “Service”). These terms and conditions (“Terms of Use”) govern your use of Ornament Monitor mobile application. By using our application, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these terms and conditions, you must stop using our Service by canceling your profile information. The terms “you” and “User” shall refer to all individuals and entities that access or utilize the Ornament Monitor mobile application.

Disclaimer of Service

The Ornament Monitor mobile application (“Application”) is a service, which helps Users to keep and self-monitor their information in one place. The information shared by the Users may contain Health-related information and personal data information. However, Ornament Health AG does not own any of such data or information. Thus, any data provided by the Users belong exclusively to them. Therefore, Ornament Health AG cannot be held liable for any event occurred relating to such data.

Registration Process

In accordance with the provisions of the law governing these Terms of Use and the Privacy Policy, access to Ornament Monitor application is limited to persons over 18 years of age.

To access the Ornament Monitor mobile application, we offer Users a registration system that will manage their personal information and create customized access with a user’s email and one-time password. If you are a User, you can access the registration system through the Application once it is downloaded and installed on your mobile device.

How Do We Work

By registering as a User you will allow Service to use your data once it has been added by you. You, through the Application, may enter, access, modify, correct and update your profile information. To cancel your profile information and reject the processing of your data, please send the relevant request to hello@ornament.health.

Once registration is completed by a User, Service works through mobile devices where the Application has been downloaded and installed.

By registering as a User you will allow Service to use your data once it has been dissociated from you, and it cannot be associated with you as you always remain anonymous along with the aggregated anonymous data from other registered Users. Also, the User registration will allow you to synchronize your data in a secure environment to make and keep a backup copy so you can store and retrieve your data at any time and from any device that lets you do so.

Subject to your acceptance of these Terms of Use and Privacy Policy, Ornament Health AG hereby grants you a limited, non-exclusive license to utilize the Ornament Monitor mobile application as set forth herein.

Services are only available to registered Users of the Ornament mobile application. By your affirmative actions of using the Website or the Application, as applicable, the expressly consent to and accept the Terms of Use and Privacy Policy contained herein.

Precautions

We provide Service so Users can self-monitor their progress. However, it does not provide any legal, medical, or psychological advice, diagnosis, or treatment. Therefore, you assume full risk and responsibility for your use of information obtained through the Service.

You acknowledge that all of the information and content in the Service is for informational purposes only and is not intended to replace the relationship between you and your doctors. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions thereby we do not give medical, legal, or psychological advice, diagnosis, or treatment. The Service may provide helpful monitor features, but it is not intended to substitute for professional advice, diagnosis, or treatment, or your judgment. “Health-Related Information” for the purposes of this Policy means all individually identifiable health information, including information related to an individual’s physical or mental health. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Service. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Service.

You are not a patient or client of Service. You must contact a professional for medical, legal, or psychological advice. If you think you may have a medical emergency, call your doctor or emergency phone number immediately.

Definitions

Application/Service

“Application” and “Service” is the Ornament Monitor mobile application operated by Ornament Health AG.

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

User

Natural person or entity who registered at Service.

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. The most current Terms of Use will be available via the Application. We will indicate the date of the “Latest Update” at the bottom of the Terms of Use. You are held responsible to review the most current Terms of Use. Your continued use of the Service following the posting of such changes constitutes your acceptance of the amended Terms of Use.

In case of modification, change or termination of any of the content in these General Terms and Conditions of Use and Privacy Policy under sentence or judgment given by a competent court or under an award made by an arbitrator or by a court of arbitration, the other content that have not been modified, changed, or resolved remain in force and shall be valid for both parties.

Terminating Your Agreement

These Terms of Use will continue to apply until terminated by either you or Service in accordance with the following provisions:

Service may resolve your legal relationship with you at any time, if You breach any of the clauses in these Terms of Use and Privacy Policy, by prohibiting, restricting or discontinuing your access to the Service if You violate any terms of these Terms of Use.

Application reserves the right to terminate the account of a User and all related data if it detects or assesses anything illicit, or contrary to morality or public order, or that is detrimental to the image of Application and/or the content of the Application or its products or Services or the products or services of third parties, as well as offensive content that could incite, promote or advertise illegal activities or defamatory, pornographic character content, violent or discriminatory attitudes or promote discrimination for reasons of race or ethnicity, gender, affiliation, creed or sexual orientation.

Ownership of the Service

Ornament Health AG owns or has rights to all of the content in the Services, excluding User Health-Related Information, which belongs exclusively to the User as stated herein.

The contents of the Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Services content. All Services Content and the compilation (meaning the collection, arrangement, and assembly) of all Services Content are the property of Ornament Health AG or its licensors and are protected under copyright. For this reason, the User shall refrain from reproducing, adapting, combining or integrating into other applications, arranging or otherwise handling or transforming, and from publicly communicating or publishing the Services Content.

Disclaimer of Warranties, Limitations and Prohibitions

You are responsible for your actions when using and relying on the Services. You are the sole responsible for the transmission of Health-related Information and personal data through Application. Therefore, you undertake to comply with all the security measures and obligations applicable, excluding the Application of any liability regarding such data.

User use the Services in any of its versions under their sole, exclusive and unique responsibility.

We may change or discontinue, temporarily or permanently, any feature or component of the Application at any time without further notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Application.

The User and Ornament Health AG accepted there is no claim under any circumstances or any compensation for any damage or injury caused by the use of the Application in any of their versions.

Application does not exercise any control over content provided by Users.

Ornament Health AG does not guarantee the accuracy, adequacy, or completeness of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information.

You acknowledge and agree that Ornament Health AG does not operate or control the Internet and therefore Ornament Health AG does not guarantee that the use of Service will be error free or free of technology downtimes or unavailability.

You acknowledge and agree that Ornament Health AG cannot and does not guarantee against viruses, worms, or other unauthorized users or hackers attempting to obtain access to the service or information transmitted to or from the Service.

Security

All forms that request personal information (email address, etc.) are secure and provide encrypted transmission over the Internet. Please refer to our Privacy Policy for more information concerning encryption technology utilized by Ornament Health AG.

Governing Law

You agree that any claim or dispute relating to the Service or your use or reliance on this Service shall be construed in accordance with the laws of the Republic of Switzerland without regard to its conflict of laws provisions. The parties agree to be bound and shall be subject to the exclusive jurisdiction of the local or state courts located in the Republic of Switzerland.

Authentification

User must register for our Service using accurate information, provided your email. The Application will send to your email the codes to register for Service. Such codes will work as one-time passwords generated randomly by the Service.

Trademarks and Copyrights

All trademarks, service marks, and logos or copyrights displayed and used in this Service are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any Trademark without the written permission of its owner.

Privacy

Please read the full text of our Privacy Policy to understand how any of your information, as that term is defined in the Privacy Policy, that you submit via the Ornament mobile application or website will be treated.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us at hello@ornament.health. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers as soon as possible.

Contact Us

If you have questions, comments, concerns or feedback regarding this Policy or any other legal concern, please contact us by email: legal@ornament.health

For any other questions and concerns you may have, please contact us by email: hello@ornament.health

The property of the Ornament Monitor mobile application belongs to: Ornament Health AG, located at Friedentalstrasse 41a, 6004 Luzern, Switzerland with registered number CHE-483.076.327.

Date of the Privacy Policy: May 25, 2019