Terms of Use

Publication date: 10/10/2024

Please read this document carefully to understand the rules for obtaining Services.

References to the words “You” or “Your” (or words similar in content) means the User, depending on the context of the Terms of Use

References to “we”, “our” or “us” (or similar words) means the DeHealth Services.

These Terms of Use are a public agreement for the provision of Services to the User.

DEFINITION

Account is a functional part of the App, with the help of which the User can obtain Services and transfer his Data.
User is any person who installs the App to receive Services for the purpose of monitoring their health.
User consent (hereinafter referred to as “Consent”) is a voluntary, specific, informed and unambiguous expression of will in which the User, through a statement or clear positive action, agrees to the conditions of this Terms of Use.
Personal Data is any information that is in the public domain, allowing you to directly or indirectly identify the User. For example, first name, last name, phone number, IP address.
Data concerning health means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.
Data is a common name for Personal Data and Data concerning health
Doctor is a qualified specialist in the field of medicine, who is chosen by the User to receive Services for diagnosing his health or monitoring his condition.
Tariff is a system of payment rates for receiving Services from the Company, specified in the relevant section of the App.
DeHealth company (hereinafter referred to as the “Company” or “DeHealth”) is a DEHEALTH TECHNOLOGIES, INC, registered at 1049 El Monte Avenue, Ste C #846, Mountain View, CA 94040, United States, EIN: 36-5099713, which provides Services to Users.
DeHealth application (hereinafter referred to as the “App”) is a service created so that the User can check the state of his health and monitor the change in his health.
Services an algorithm of actions carried out by the Company to provide the User with the opportunity to install the App to check the state of his health and monitor its condition by contacting a Doctor.

Third Party means a natural or legal person, government agency, institution or body, other than the User or Company, and persons authorized by the Controller or Processor under their direct supervision to process Personal Data.

USER CONSENT

These Terms of Use are concluded by the User by providing full and unconditional consent (acceptance) to conclude the Terms of Use in full without signing a written copy of the Terms of Use.
If the User does not agree with the terms of the Terms of Use, the Company has the right not to provide Services to such User.
Any of the following actions by the User constitutes Agreement with the terms of these Terms of Use:
1. receiving Services; and/or
2. installing the App; and/or
3. providing consent to the Terms of Use.

The Company reserves the right to obtain User Consent using a pop-up form. The pop-up form may contain a Consent form in the form of a checkbox.

By entering into these Terms of Use, the User automatically confirms that they have read and agrees with the full and unconditional acceptance of their terms and conditions.

By agreeing to the terms of the Terms of Use, the User gives his direct Consent to:

1. conditions for receiving Services provided for by these Terms of Use and the conditions set forth on the App;
2. terms of payment for Services;
3. terms of Account administration;
4. terms of health check by the Doctor;
5. terms of receiving recommendations from the Doctor;
6. terms of health monitoring by the Doctor;
7. terms of installation of the App;
8. terms of use of the App;
9. compliance with the conditions of these Terms of Use.

REGISTRATION

To receive the Services, the User must register in the App. To register, you will need to do the following:
1. Specify your country;
2. Specify your email and password;
3. Specify your Personal Data in your Account profile;
4. Specify Data concerning health in your Account profile
5. Receive confirmation of registration.
The User can register using the following services: Google or Apple or MetaMask.
After registration, the Company creates an Account for the User, with the help of which the User will be able to receive the Service and select a Doctor.
The User can log in to the App by entering the password and email used during registration in the appropriate section.
To delete an Account, the User must use the appropriate section of the App. If the Account is deleted, all User Data will be deleted from the App, and the Doctor will receive notifications about the deletion of the User Data and will be obliged to delete it.

The User shall not create two Accounts simultaneously for the same person.

The Company provides the following Services:

Information Services. The Company provides the User with Services for providing information on the functions of the App and the possibilities of its use.
Health check. The Company provides an opportunity to check the state of health by filling out a questionnaire by the User. The Doctor on behalf of the Company checks the questionnaire of such a User and provides the User with information on taking actions to further check his health.
Health Monitoring. The Company provides the User with the opportunity to monitor their health using the App by receiving services from the Doctor.

Receiving medical care from the Doctor. The Company provides the User with the opportunity to receive medical services for their physical and/or mental health on behalf of the Doctor, using the functions of the App.

PAYMENT FOR SERVICES

The Company provides two Tariffs for providing access to the App: monthly and annual. The User receives access to the App from the moment of its payment. In case of choosing a monthly Tariff, the User will receive access to the App for one month from the moment of purchasing the App, and in case of an annual Tariff – for one year from the moment of purchasing the App.
Payment for access to the App Services is made by the User in the form of a 100% prepayment by bank transfer to the Company’s bank account. The currency of payment for the pre-order of the App is indicated in the relevant section of the App.
The terms of the Tariff can be changed by the Company unilaterally. In the event of a change in the conditions or cost of paying the Tariff, the Company notifies the User of such changes by posting the relevant information in the App section. The new payment conditions come into effect from the moment of the end of the paid subscription period for the Services, in accordance with the term of the paid Tariff.
In the event of a change in the price of a Tariff subscription, the new Tariff price is applied from the moment the previous Tariff period ends.
The User pays all fees and commissions incurred when paying for the Services.

REFUNDS

The User has the right to refuse to receive the Services, in this case, after the expiration of the Tariff, the paid subscription is automatically terminated and the provision of Services to the User is terminated. In case of such refusal by the User from the Services and cancellation of payment in the form of a subscription, the Company will not refund the money to the User under any circumstances, with the exception of clause 6.2. of this Agreement.
The Company informs that after the User pays for the Services in the form of a subscription, the User can refuse the Services within 7 (seven) calendar days from the moment of purchasing the Tariff, and after the end of this period of 7 (seven) calendar days, the Tariff period cannot be canceled under no circumstances.
In case of non-provision of Services due to the Company’s fault, DeHealth shall refund the User within 14 (fourteen) calendar days from the moment the User sends a request for a refund, by means of a bank transfer to the User’s bank account.
In case of incomplete provision of Services, DeHealth returns part of the funds to the User for the provision of Services within 14 (fourteen) calendar days from the moment of receiving a request from the User for the return of part of the funds, by means of a bank transfer to the User’s current account.
In order to prevent double interpretation of the terms of refund provided for in the terms of clauses 6.3. and 6.4. of this Agreement, DeHealth does not provide medical services (provided exclusively by the Doctor) in any form, but only provides access to the App, and that is why under no circumstances does it refund money if the User is dissatisfied with the medical services received, but can refund money if the User has not received medical services due to incorrect operation or lack of access to the App.

For a refund, the User must send a request to the following email address: office@dehealth.world . Such a request must contain the following information: the User’s name, phone number, reason for return, the last 4 digits of the payment card used to pay for the Services, a description of the reason for the request, a description of the Services, the amount of the return.

INTELLECTUAL RIGHTS

Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. No Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

The Company owns all property rights to the App, including its individual elements.
DeHealth grants the User the exclusive right to use the Services and content of the App.
The User grants DeHealth the non-exclusive right to use, copy, process and transfer Data during the period of use of the Services.
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source identifying symbols, pictures, icons, images or other information, software or code obtained from the App without the prior written permission of the Company, which may be withheld for any reason or no reason. You also agree not to download, display or use any content on the App that is provided by the Company or its licensors located on the App for use in any publications, on websites other than the App, for any other commercial purposes, in connection with products or services that are not the Company’s, in any other way that is likely to confuse consumers, disparages or discredits the Company, or otherwise violates the Company’s intellectual property rights.
If the User believes that his intellectual and property rights have been violated, he can contact the Company with a request at the email address: legal@dehealth.ngo . Such a request should include: the full name of the User, a description of the problem, contact details, evidence of infringement of intellectual and property rights. The company considers such a request within 10 (ten) working days from the moment of receipt. By sending such a request, the User confirms that:
1. the information specified in it is accurate and true,
2. understands the full extent of responsibility for sending unreliable data,
3. guarantees that such information does not violate the copyright and/or other intellectual property rights of Third Parties;
4. confirms that he has all the rights and authorities necessary and sufficient to send the request;
5. gives the Company consent to the processing of its Data in accordance with the terms of the GDPR.

RESPONSIBILITY

The Company does not provide Services for monitoring the User’s health status and medical services, but only provides the opportunity to find a suitable Doctor using the App, therefore it is not responsible for checking the User’s health status.
The Company does not provide any medical services, is not responsible for any damage to the User’s health or life, which occurred as a result of his use of the App or the use of recommendations received from Doctor using the App.

DeHealth bears no responsibility for the actions of the Doctor and his provision of medical services to the User’s physical and mental health.

DeHealth is not a medical institution and under no circumstances provides medical services, and the User, by signing these Terms of Use, confirms the fact that the User is aware that DeHealth is not a medical institution.
If the User violates the terms of these Terms of Use, the Company has the right to apply the following penalties to the User:
1. suspend the User’s access to the App;
2. suspend access to the provision of Services.

If the Company applies penalties to the User, the Company does not compensate such User for losses.

The provision of Services is carried out by partners, contractors, payment systems, and the Company does not guarantee continuity of operation or the complete absence of technical errors. In the event of complete or partial inoperability of the App or its components for any time, as well as in the absence of the User’s ability to access the system or incur any indirect or direct losses in connection with these circumstances, the User should contact the Company support service to resolve any issues that have arisen problems.

Because the Company does not provide medical services to Users, but only provides access to the App, and therefore is not responsible for the quality of the Doctor’s provision of medical services to Users or the Doctor’s processing of Data.

DeHealth reserves the right, but not the obligation:

1. monitor violations of the Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or the Terms of Use, including, without limitation, reporting such User to law enforcement authorities;
3. in our sole discretion and without limitation, notice and/or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are otherwise burdensome to our systems;
4. administer the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.

To the extent permitted by law, we provide the materials and Services on an “as is” basis. This means that we make no warranties of any kind, including, without limitation, any warranties of fitness for a particular purpose of the Services.
The User may not access or use the App for any purposes other than those for which access has been granted by the Company. The App may not be used for any commercial purposes.

THE COMPANY IS NOT RESPONSIBLE FOR THE CONSEQUENCES CAUSED BY THE ACTIONS OF HACKERS OR CRIMINAL MODIFICATION OF THE SOFTWARE.

THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP;
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP;
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY;
6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP.

You agree to defend, indemnify, and hold us blameless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. your use of the App;
2. breach of these Terms of Use;
3. any breach of your representations and warranties set forth in these Terms of Use;
4. your violation of the rights of a third party, including but not limited to intellectual property rights; or
5. any overt harmful act toward any other User of the App with whom you connected via the App.

The Company bears no responsibility for:
1. for the processing of Data by the Doctor;
2. for disclosure of Data by the Doctor;
3. for the quality of the provision of medical services by the Doctor;
4. for the Doctor’s recommendations and the quality of medical services received from the Doctor;
5. for any expectations of the User from the received medical services from the Doctor;
6. for any physical/psychological damage caused to the User’s health as a result of following the Doctor’s recommendations;
7. for any damage to the User’s life, including his death, as a result of following the Doctor’s recommendations;
8. for the application of the treatment method prescribed to the User by the Doctor, for the Third Person;
9. for any financial expenses of the User, as a result of using the Doctor’s advice and methods;
10. for providing the User with unreliable Data;
11. if the User violates the terms of these Terms of Use;
12. for the User’s use of the App for other purposes that are not provided for by the terms of these Terms of Use.

DeHealth does not guarantee:

1. the quality of the provision of medical services by the Doctor;
2. improvement of the User’s health as a result of using the App;
3. for the physical and psychological state of the User, as a result of using the App;
4. uninterrupted access to the App;

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
The Company is not a licensed healthcare provider and the App Services are not a substitute for full medical care, treatment, diagnosis or any medical condition. In case of any medical condition, please seek qualified help from an appropriate specialist. Please do not delay seeking qualified help because of the information you receive in the App. If you believe you have a medical emergency, please call the emergency number or go to the nearest open emergency department immediately.
The Company will not be liable for any errors or omissions or for unintended technical inaccuracies or typographical errors in the materials provided or for violation of any ethical or moral standards in force in your community.
The User undertakes not to do the following with the App:
Resell, rent, lease, lend, sublicense, distribute or transfer rights to the App in any other way;
Modify, reverse engineer, decompile or disassemble the App;
Copy, adapt, change, modify, translate or create derivative works of the said App without the written permission of the Company;
Allow others to use the App, including without limitation through public use over a network connection, excluding use under this Agreement;
Circumvent or disable any technological features or measures in the App to protect intellectual property rights;
Use or attempt to use the App in conjunction with any device, program or service to circumvent technological measures used to control access to or rights to content Files or other work protected by copyright laws of any jurisdiction;
Use or access the App to collect data in a manner that is or may be used by a competing product or service;
Use the Account to advertise, receive or transmit any advertising, including chain letters, junk email or repetitive messages to anyone;
Use the Account to commit any unlawful activity;
Upload or transmit any messages that violate or infringe upon the rights of any party;
Upload any material that contains hate speech, violence, offensive images or conduct, obscenity, pornography, sexually explicit material or any material that could give rise to any civil or criminal liability under applicable laws or regulations or that may otherwise be in conflict with this Agreement and the Company’s Privacy Policy;
Upload any material that contains software viruses or any other computer code, files or programs that are malicious, technologically harmful or that are designed to interrupt, destroy or limit the functionality of any computer software, website or App.
Use predicted fertile days or ovulation days as birth control measures or to promote conception;
Use the data, content or features of the App and the website to diagnose, treat or mitigate any disease.
In the event of a violation by the User of the terms of paragraph 8.20. of these Terms of Use, the Company has the right to delete the User’s Account without refunding any funds and to terminate any relationship.

LEGISLATION AND DISPUTE RESOLUTION

The relationship between the parties to these Terms of Use shall be governed exclusively by the laws of the State of Delaware (USA) (excluding conflict of law provisions).
To the extent permitted by applicable law, and to resolve disputes between you and Company, any dispute, claim, or controversy arising out of or relating to this Agreement (collectively, “Disputes”) shall be resolved by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules and application forms may be found at www.adr.org. Arbitration terms: The dispute will be heard in the State of Dalever, by one arbitrator in the English language.
If you are a resident of any country in the European Union or the United Kingdom, Switzerland, Norway or Iceland, the governing law and venue for disputes will be the laws and courts of your habitual place of residence.
You and the Company agree to notify the other party of the dispute in writing at least 30 days prior to initiating arbitration (the “Dispute Notice”) and attempt in good faith to negotiate a pre-trial resolution of the dispute. The Dispute Notice must be sent to: office@dehealth.world . The Company will send the User a Dispute Notice to the email address associated with his/her Account. The Dispute Notice shall include the following information about the User: full name, contact information, and the reasons for the dispute. If the parties are unable to resolve the dispute within the 30-day period, then and only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party in accordance with the AAA Rules.
The proportion of filing fees, arbitrator fees, and other legal costs (collectively, “Costs”) will be governed by the AAA Rules.
The arbitrator’s award shall be final, binding and enforceable and may be appealed only in accordance with applicable law governing the enforcement and vacating of arbitration awards. An appeal from the arbitrator’s award may be brought to any court of competent jurisdiction consistent with applicable law. The arbitrator may award any relief permitted by law or the AAA Rules.
Within 30 days after the initial decision on Arbitration, the User may opt out of arbitration by sending the Company a written notice to the address: office@dehealth.world . Such notice from the User must include: full name, contact information (phone and email associated with the Account), reasons for the refusal.
Subject to the AAA Rules and applicable law, nothing in this section of the Terms of Use shall be construed to waive, relinquish, or otherwise limit either party’s right to (i) commence a separate action in a court of competent jurisdiction to litigate a Dispute; (ii) seek injunctive or temporary relief from a court of competent jurisdiction to secure injunctive relief; (iii) seek relief in an arbitration proceeding under applicable law; or (iv) seek relief in a court to enforce or vacate a judgment or award entered by a court of competent jurisdiction under applicable law. If arbitration is not possible under applicable law for a Dispute arising under this Agreement, either you or the Company may seek relief in any other court of competent jurisdiction to resolve the Dispute.
The User and the Company, in accordance with applicable law, waive the right to a jury trial.
The Parties agree that the time limit for filing a claim by the petitioning Party is limited by the AAA Rules and the laws of the State of Delaware, USA.
In accordance with the applicable laws of the State of Delaware, USA, the User and the Company agree to bring disputes to court in their own names, and not to bring any claims/motions on behalf of a member of a class action.

TERM OF ACTION

The Terms of Use are valid during the period of use of the Services by the User. Upon termination of use of the Services and termination of relations between the parties, the terms of the Terms of Use cease to apply.

ALTERATION

The Company has the right to make changes to the Terms of Use in case of changes in the conditions for the provision of Services.
The User is obliged to familiarize himself with the new conditions of the Terms of Use and the Company is not responsible if the User has not familiarized himself with the new conditions of the Terms of Use.
Our electronic copies of the Terms of Use that are otherwise stored are deemed to be true, complete, valid and have the legal force and effect of the versions of these Terms of Use in effect at the time of your visit to the App. If the User uses the Services after the date of update of the Terms of Use, we have the right to assume that the User has read the new version of the Terms of Use and agrees to the terms of provision of the Services.

DETAILS

DEHEALTH TECHNOLOGIES, INC

EIN: 36-5099713

Address: 1049 El Monte Avenue, Ste C #846, Mountain View, CA 94040, United States

Telephone: +1 650 772 6217

Title: CEO

Denys Tsvaig