TERMS OF USE
Effective Date: December 9, 2024
Thank you for using the software-as-a-service platform provided by Healthy Digital Solutions Company (“the Company,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, software applications, and any related services or content (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Services.
1. Acceptance of Terms
1.1 Binding Agreement
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any policies referenced herein, including our Privacy Policy.
1.2 Updates to Terms
We reserve the right to update or modify these Terms at any time. If we make significant changes, we will post the revised Terms on our website and update the “Effective Date” at the top. Your continued use of our Services following the posting of changes constitutes your acceptance of the revised Terms.
2. Eligibility
2.1 Legal Capacity
You represent and warrant that you have the legal capacity to enter into a binding agreement and are not barred from using the Services under any applicable law.
2.2 Age Restrictions
You must be at least 18 years old (or the age of majority in your jurisdiction) to register for and use the Services. By using our Services, you affirm that you meet this requirement.
3. Account Registration
3.1 Account Creation
To access certain features of our Services, you may be required to create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Security
You agree to notify us immediately at hello@healthydigital.fit of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this provision.
4. Subscriptions and Payments
4.1 Subscription Terms
Certain Services may require a paid subscription. You agree to pay all applicable fees as set forth in your subscription plan. All fees are non-refundable unless otherwise specified in writing or required by applicable law.
4.2 Payment Information
We use secure third-party payment processors. By providing your payment information, you authorize us to charge the applicable subscription fees to the payment method on file.
4.3 Price Changes
We reserve the right to change our subscription fees at any time. We will provide reasonable advance notice of any price changes, and your continued use of the Services after the effective date of the price change constitutes your acceptance of the updated fees.
5. License and Intellectual Property
5.1 Limited License
Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms and any applicable subscription agreement.
5.2 Company IP
All content, software, and materials provided through our Services, including but not limited to text, graphics, logos, designs, and code, are owned by or licensed to the Company and are protected by intellectual property laws. You agree not to modify, reproduce, distribute, create derivative works from, or otherwise exploit our intellectual property without our prior written consent.
5.3 Feedback
Any feedback, suggestions, or ideas you provide regarding our Services (“Feedback”) is entirely voluntary. By providing Feedback, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, and incorporate such Feedback into our Services without any obligation to you.
6. User Conduct
6.1 Prohibited Activities
You agree not to:
Use the Services in any way that violates applicable laws or regulations.
Infringe upon the rights of others, including intellectual property, privacy, and publicity rights.
Upload or transmit harmful, deceptive, or unlawful content.
Interfere with or disrupt the operation of the Services or the servers and networks used to make the Services available.
Use automated scripts or bots to scrape or collect data without our explicit permission.
6.2 Compliance
You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations.
7. Third-Party Services and Links
Our Services may contain links to or integrations with third-party websites, products, or services that we do not own or control. We do not endorse or assume any responsibility for such third-party content. Your interactions with third-party services are solely between you and the relevant third party.
8. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
9.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Maximum Liability
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
9.3 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so some of the above limitations may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Services, your breach of these Terms, or your violation of any third-party rights.
11. Termination
11.1 Termination by You
You may terminate your account or subscription at any time by contacting us at hello@healthydigital.fit or through the account settings (if available). Termination does not entitle you to a refund of any prepaid fees unless otherwise stated in your subscription agreement.
11.2 Termination by Us
We may terminate or suspend your account or access to the Services at any time, with or without notice, if we believe you have violated these Terms or applicable law, or if we discontinue the Services.
11.3 Survival
Upon termination, any provisions of these Terms that by their nature should survive termination (such as intellectual property rights, limitation of liability, and indemnification) shall remain in full force and effect.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Philippines and/or Singapore, to the extent applicable, without regard to conflict of law principles.
12.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute is not resolved within a reasonable time, either party may seek resolution in a court of competent jurisdiction.
13. Miscellaneous
13.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Services and supersede all prior agreements, understandings, or arrangements.
13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
13.3 No Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
13.4 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
14. Contact Us
If you have any questions about these Terms, please contact us at:
Healthy Digital Solutions Company
Email: hello@healthydigital.fit
We will make every effort to address your inquiries promptly and in compliance with applicable laws.
By continuing to use our Services, you confirm your acceptance of these Terms of Use. We appreciate your business and look forward to serving you.