Terms of Use

Ornament Health AG (“us”, “we”, or “our”) operates the Ornament mobile application  (“Application”). These terms and conditions (“Terms of Use”) together with any supplemental rules and regulations, such as the Privacy Policy, govern your access to the Application and use of the services available on the Application (collectively the “Service”). By accessing the Application and/or using our Service, you accept and be bound with the current version of these Terms of Use in full. If you disagree with the current version of these Terms of Use or any part of them, you must stop using our Service by deleting your account, and you are not authorized to continue accessing the Application and/or using our Service. The terms “you” and “User” shall refer to all individuals and entities that access or utilize the Application.

Disclaimer of Service

The Application provides you services, which help 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 the Ornament application is limited to persons over 18 years of age.

To access the Ornament 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. If you want to delete your account, open the Application and choose Settings > Delete Account.

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. 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, non-transferable license to utilize the Ornament mobile application as software for personal and non-commercial use on your personal mobile devices on the conditions agreed herein. You shall not sublicense, distribute, lease or otherwise use this software or any part of it  to anyone. This license agreement may be terminated at any time. Ornament Health AG and its licensors do not warrant the accuracy or the accessibility of this software and reserve all other rights.

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

Third Party Service Ordering Process

Subject to meeting any requirements set by us and/or third party, we allow you to place pre-orders for the services of third parties (“Third Party Service”) which limits to territories and conditions which are set out by us or third party. You may pre-order Third Party Service available within the Application by following the respective ordering process. By placing a pre-order, you acknowledge that you are ordering at your sole risk and responsibility. The Service or we do not collect any payments from you for Third Party Service, including any pre-payments.

Upon receipt of a pre-order confirmation from Third Party Service, a legally binding agreement is formed between you and Third Party subject to any applicable cancellation policy and any rules and restrictions specified in Third Party Service. You agree to follow the rules and restrictions specified in Third Party Service which may directly related to the result of Third Party Service; if you fail to comply with such rules and restrictions, including but without limitations providing of written consents to the Third Party required by applicable laws, the Third Party has the right to refuse providing Third Party Service to you, in full or in part.

If you pre-order Third Party Service on behalf of your family member, you are required to ensure that every additional family member meets any requirement set by the Third Party, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Third Party. If you pre-order for a family member who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minor may only participate in Third Party Service if accompanied by an adult who is responsible for them.

You should carefully review the description of any Third Party Service you intend to book to ensure you (and any family member you are pre-ordering for) meet any minimum age, proficiency, or other requirements which the Third Party has specified in their description of Third Party Service. In addition, certain laws, like a written consent of a client in the location of the Third Party Service, may also apply.

You can cancel a confirmed pre-order at any time pursuant to the Third Party cancellation policy set by the Third Party.

In certain circumstances, we may cancel a pending or confirmed pre-order on behalf of a Third Party or you. This may be for reasons set forth in our terminating policy below or for the reasons set out in these Terms. Where we cancel a booking, we will notify you and a Third Party and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.

Precautions

We provide Service so Users can self-monitor their progress. Health score and similar information (collectively “Information”) provided to you by the Application compiled based on the details specified by you, such as lab results and your history. The Information generated by the Application is for information purposes only. It does not provide any legal, medical, or psychological advice, diagnosis, or treatment. Therefore, you assume full risk and responsibility for your use of the Information obtained through the Application.

You acknowledge that all of the information and content in the Service is not intended to replace the relationship between you and your doctors, pharmacists or healthcare professionals. 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 these Terms of Use 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 professional healthcare provider or emergency phone number immediately.

Definitions

Application

“Application” is the Ornament 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 version will be available on the Application (specifically on https://ornament.health). We will indicate the date of the “Latest Update” at the bottom of the Terms of Use. The revised Terms of Use shall become effective from the date of publication on the Application.

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 Terms 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.

Our failure to enforce any right or provision of these Term shall not be deemed to be a waiver of such right or provision.

Terminating Your Agreement

These Terms of Use will continue to apply until terminated by either you or us in accordance with these Terms of Use.

If you want to resolve your relationship with Service, you may delete your account by opening the Application and choosing Settings > Delete Account. If you delete your account, any confirmed pre-orders of Third Party Service may be cancelled only by you. By deleting your account, you acknowledge and agree that we may inform the Third Party about the deletion of your account provided that you had any confirmed pre-orders of Third Party Service within the Application.  

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 Service, 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 Service Content and the compilation (meaning the collection, arrangement, and assembly) of all Service 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 Service 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.

Users use the Service 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.

You provide and store any Information in the Application in good faith, your access to and use of the Application is at your own risk. We operate the Application on an “as is” and “as available” basis without warranty of any kind, whether express or implied.

The Application may contain links to third-party websites or materials supplied by or contained on any third-party websites which are linked from or to the Application. We do not accept any responsibility or liability for: (i) the availability or accuracy of such third-party websites or material or (ii) the content, products or services on or available from such third-party websites or materials. Links to such third-party websites or materials do not imply any endorsement by us of such third-party websites or materials or the content, products or services available from such third-party websites or materials. You acknowledge sole responsibility for and assume all risks arising from your use of any such third-party websites or materials.

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 Lucerne, 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: March 31, 2020