Service User agreement
1. General provisions
1.1. Lifeaddwiser SA (hereinafter — “Company”) offers an individual (hereinafter – User) to use its service – computer program based on various platforms intended for installation and use on a User’s computer or mobile device which allows a User to get information support associated with their lifestyle on the provisions stipulated in the present User agreement (hereinafter — “Agreement”).
The Agreement comes into force as a User agrees with its provisions as set forth in cl. 1.4 of the Agreement.
1.2. The Company offers Users access to a wide range of services including testing in physical, social, financial, professional well-being and living environment; obtaining assessment scores in the specified domains per the established scale with possible comparison of assessment scores with other people by various parameters and criteria; obtaining recommendations and advices depending on responses on questions answered; provision of information and references on other resources allowing to improve life style and its individual elements which are of interest for a person and which they are ready to accept or not accept as an advice.
All services currently available, as well any their development and/or addition of new services is the subject of the present Agreement.
1.3. The use of the Company’s services is regulated by the present Agreement, as well by the provisions posted on the Company’s site (if such conditions exist at the time of the start of using the services).
The Agreement may be changed by the Company without any special notification.
A new edition of the Agreement comes into force since it is posted in the Internet network at the address specified in the present clause if otherwise is not specified in a new edition of the Agreement. The current edition of the Agreement is always on the page by address www.lifeaddwiser.com.
1.4. Starting to use any service/its individual functions or undergoing registration procedure, during registration in a mobile device in the form for generation of a personal Account, a User is considered as having accepted the Agreement provisions in a full scale, without any clauses and limitations.
If a User does not agree with any provisions of the Agreement, a User has no right to use the Company’s services.
In the event if the Company introduces any changes to the Agreement as set forth in clause 1.3 of the Agreement with which a User does not agree, he/she shall stop using the Company’s services.
1.5. The present Agreement is the public offer, i.e. a certain offer of the Company to enter into the Agreement on the provisions specified below, with the unlimited community of users.
The consent of a user (accept) to enter into the Agreement with the Company on the proposed provisions is assumed unconditional and full, i.e. a User fully accepts all agreement provisions offered by the Company acting in his/her will and interest.
1.6. Account is a personal section to which a User gets access after registration and/or authorization entering login and password, as email, specifying sex and age. The account is designed to be able to use the Company's service from various devices of the User. An account is bound to a User’s email, which is used to recover the password for accessing the account.
1.7. The functionality of the Company's service is available to any User who started using it, or to a registered User, in the following scope: the entire functionality of the service is provided, including an assessment of the level of well-being with the provision of the level of indices in all areas of well-being, comparison of the User's personal indices with the average indices of other users by 5 areas of well-being, expert articles, as well as advice and recommendations in the amount of 1 recommendation per month.
Access to the full functionality of the Company's service is carried out using an access code that is issued to persons who are employees of organizations with which the Company has established partnerships, and includes, in addition to assessing the level of well-being with the provision of User indices in all areas of well-being, comparing the User's personal indices with average indices of other users in 5 areas of well-being, expert articles, also additionally the opportunity to receive a personal report with a detailed interpretation of the results obtained, a summary of strengths and weaknesses, recommendations on individual parameters of all areas of well-being, advice and recommendations in the amount of 1 recommendation per week, push notifications about a new question (1 question per day) or a new recommendation with the ability to accept or reject them, get more recommendations if the data provided by the User is sufficient for their issuance.
2. Subject of the agreement
2.1. The Company provides an information – consultative services to a User in the domains stipulated in cl. 1.2 of the Agreement, and a User uses such services on the conditions and with the methods offered by the Company.
2.2. The Company’s services include:
2.2.1. Giving a user an access to the site service or possibility to download and install a mobile application.
2.2.2. Rendering information – consultative services by specialists in the domains specified in cl. 1.2 of the Agreement provided with service functions.
2.3. The Company offers the following programs at your choice for optimization of a user’s life style:
collection of information based on testing in physical, social, professional, financial well-being and living environment, analysis of the information and provision of expert indices of the level of well-being;
issuing assessment scores in the specified domains per the established scale with possibility to compare the obtained scores with other people in various parameters and criteria;
receiving automated recommendations and advice, depending on the answers to the asked questions, compiled by experts with higher professional education and proven experience in each of the named areas;
information – consultative support to ensure the implementation of recommendations and improve the well-being of a User, the provision of articles, information to improve the well-being that interests a User and which he is ready to accept or not to accept as advice.
2.4. Neither of the Company’s services is medical or other one requiring special registration or licensing or approval of state authorities.
The Company does not render medical diagnostic services, does not provide binding advices and recommendations, does not prescribe drug products and does not make any medical activities to be licensed in accordance with legislation of the Switzerland.
2.5. The applicable law per the Agreement is the legislation of the Switzerland. In the event if any of the Agreement clauses violates rights of a person not being a citizen of the Switzerland, provisions of international law and rights of the Switzerland are applicable.
3. Rights and obligations of the parties
3.1. The Company has a right:
3.1.1. To develop, define, establish and change the nature, content, methods and conditions of service rendering, as well service tariffs and methods for their payment.
3.1.2. To collect User’s responses to service questions necessary for full-scale and faithful service rendering.
3.1.3. To engage third parties for professional consultations while rendering services if it is necessary, as well to use liaisons (agents, attorneys, commission agents, etc.) in execution of agreements with users hereby remaining liable to a User under the Agreement.
3.1.4. To introduce changes to the Agreement and approve updates herein.
3.1.5. To suspend or terminate provision of services to a User in the event of his/her violation of the Agreement provisions.
3.1.6. The Company has a right to make actions stipulated in clauses 3.1.1, 3.1.3. 3.1.4 without preliminary consent and notification of a User.
3.1.7. To use anonymizеd user data at it own discretion, pursuant to the terms and conditions fixed in the Confidentiality policy of the Company.
3.2. The Company is obliged:
3.2.1. To render services in full scale and good faith, to give clarifications and answer all user’s questions related to the service nature.
3.2.2. To provide a User with the service access. User technical support concerning the use of the site and mobile application, and services is made via instructions and responses on frequent questions, as well as by requesting technical support by e-mail firstname.lastname@example.org and by phone indicated on the Company's website.
3.2.3. To render services to the User without getting payment for the service.
3.3. A User:
3.3.1. Is obliged to inform immediately the Company about a negative change in life style in the domains on which he has obtained recommendations and advices and which he has accepted and implemented if such a change, on his/her opinion, occurs as a result of following recommendations of the Company’s specialists.
3.3.2. Is obliged to answer the maximum number of questions to get the most precise assessment and advices so giving the Company and its specialists the possibility to render services in the best way. If not all the questions contained in the mobile application are replied, the Company is not responsible for accuracy of scores and given recommendations.
3.3.3. Has a right to provide access to his/her personal Account to the legal representative (consultant, sport trainer, physician, supervisor of a corporate program or any other person).
3.3.4. Is obliged to pay services of the Company timely and in full scale under the present Agreement if paid services of the Company are ordered.
3.3.5. Has a right to request that the Company renders the services under the present Agreement appropriately, and if the Company violates the Agreement provisions to cancel the agreement on his/her own initiative.
3.3.6. Has a right to change the Account settings at his/her discretion including login and password.
3.3.7. Has a right to check the progress of service rendering under the Agreement, hereby not interfering to professional competencies of the Company specialists.
3.3.8. Is obliged to provide exclusively legal, reliable and full data about him-/herself and his/her life style.
3.3.9. Is obliged to provide reliable information, unless otherwise determined by the corporate rules of the organization that provided him with access to the service, in order to test the service.
4. Cost of services and return of funds
4.1. The Company has made it possible to render testing services without payment and has a right to change the Agreement provision in any time and introduce payment for the Company services, establish their payment procedure in a new edition of the present Agreement.
4.2. Other services of the Company except for those stipulated in cl. 4.1 of the Agreement, are paid per the Company tariffs posted on the site or stated in the application.
5. Liability and warranties
5.1. A User is responsible for legitimacy, reliability and completeness of data about themselves transferred to the Company. As any User data is collected, the Company presumes their validity and reliability.
5.2. A User understands and accepts voluntary nature of following recommendations and advices of the Company specialists. The Company is not responsible for the User health.
5.3. In the settings of distant service rendering, the Company does not give the User any direct or indirect warranties that the results of his/her life style, health condition, physical health, financial, material, social well-being proposed by the User will be achieved. The Company’s recommendations are of referential, information – consultative nature, are not a final action guidance and do not replace a personal visit to a physician or another specialist.
5.4. The Company is not a medical or other medical institution. The Company specialists may have or not have higher medical education, academic degrees and ranks, medical licensees, certificates and graduation certificates. The Company specialists are not obliged to follow moral and ethical physician’s principles of conduct and do not bear administrative and criminal responsibility for professional misconduct and non-compliance with duty instructions.
5.5. The lack of the technical opportunity of the Company to control or provide execution of the clauses of the Agreement does not mean its refusal. In the event of software dysfunction, internet, equipment malfunction while services are rendered at the User place, the Company is not liable, and the service is considered as executed. In such a case, a User may not to demand any compensation.
5.6. The material responsibility of the Company in the event of unsatisfactory result of the service use by a User is limited by an actually proven loss.
6. Intellectual property
6.1. The use of the service, site and mobile application is regulated and subject to the legislation of the Switzerland on copyright, trademark, patent, commercial secret protection and use of other intellectual property.
6.2. Neither of the provisions of the present Agreement may be considered as a license agreement on transfer of exclusive rights owned by the Company to a User or other parties.
6.3. All information including text, graphic images, design elements or program code located in the mobile application is copyrighted, and its posting, copying or reprocessing without the Company’s consent is not allowed. The logotype, name, elements of design, decoration and general appearance of the Application are the property of the Company, and their use without permission is prohibited.
7. Obtaining and use of personal information
7.1. The Company obtains information on a User during use of the service.
7.2. A type of personal data which may be collected during registration process, as well execution of orders and getting any services and facilities, may include an email, sex, age, social status. Moreover, the Company may inquire information on a User’s habits, interests, and feelings.
The Company may collect a User data in the event when a User having agreed with the Agreement on the site, does not finally complete registration process.
7.3. The data collected by the Company about e-mail during registration or when ordering a personal report of the User is used for the following purposes:
- using the Company's service from various devices of a User;
- recovery of the User's password;
- communications on issues of support of the service.
7.4. The collected data about a User is not transferred to the employer of a User, except in an aggregated impersonal form in the form of general indices of the level of well-being of users who have activated the corporate access code, or general statistics of answers to questions.
7.5. The corporate access code does not provide the possibility of identifying a User and serves to mark a User as an employee of the employer in order to highlight and analyze the data of Users - employees of different companies.
7.6. The site automatically obtains and records technical information from a User browser to server logs: IP address, cookie, products inquired, and pages visited. E-mail which is necessary to enter the system, rapid and safe password recovery or contacts by the Company in emergency cases (for example, payment problems), as well management of business communication in service rendering, will not be used for any distributions except for those on which a User will explicitly subscribe.
It is assumed on default that a User agrees to obtain push notifications on receipt of new questions on a life style, questions on following recommendations, reminding on necessary responses on questions. This information is recorded to increase quality of services to users of our site. The notifications are not considered as external distribution as it is necessary for good quality rendering of services by the Company.
7.7. The Company has the right to collect non-identifying information about a User when he visits different pages of the Company's website. This information includes without any limitation: the type of browser used, IP address, type of operating system, as well as the domain name of the Internet service provider.
The company uses this information to analyze the use of the service. The Company has a right to use aggregated or grouped data on the site visitors for purposes not forbidden by the law. Aggregated or grouped data – the information which described demography, the use and (or) user characteristics as a generalized group. Visiting the site and providing personal data, a User allows to provide such information to external clients.
7.8. Any data and information about a User collected by the Company is stored on the secure servers of the licensed provider and is not transferred to third parties.
8. Final provisions
8.1. The present Agreement comes in force since it is accepted by the User in accordance with cl. 1.4 of the Agreement and is valid till either of the parties refuses to execute it.
8.2. The User may withdraw from the agreement in any time via removing his/her Account or refusal from service prepayment if it is installed.
8.3. All issues not resolved by the present Agreement shall be resolved via negotiations. If consent on any issue is not achieved, the dispute is transferred to the court at the location of the defendant.
8.4. The team and administration of the Company is located by the address: Y-Parc, rue Galilée 7, 1400 Yverdon-les-Bains, Switzerland.
Email for correspondence: email@example.com
Before you start answering the questionnaires, we would like to draw your attention to the statistical nature of Lifeaddwiser questions and recommendations, i.e. to the fact that they may not fit perfectly to every respondent. For the time being (technology development is likely to change that at some point), the fully individualized set of recommendations can be issued only by relevant professionals upon close examination.
Our recommendations are like a well-designed ready-made outfit. Our questions help identify your size (in a number of key categories such as height, shoulder, waist, hip width…), but not your unique body shape. However, tailoring the quality ready-made outfit of the relevant size is easier and cheaper than creating a bespoke, tailor-made garment from scratch.