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 his/her life style 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 health, nutrition, motor and physical activity, living environment, social relations, professional carrier and financial well-being; 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 he/she is 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.
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 in accordance with cl. 2 art. 437 of the Civil Code of the Russian Federation 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. Personal data – any information directly related to a certain individual (User).
1.7. Account – a personal section to which a User gets access after registration and/or authorization entering login and password, as email, specifying sex and age. An account is intended for storage of a User’s personal data, review and management of available functional service opportunities and corresponding conditions of its use. An account is bound to a User’s email. In individual cases, access to an Account is made with a promo-code issued to persons which are employees of organizations with which the Company has established partnering relations.
2. Subject of the agreement
2.1. The Company is obliged to render information – consultative services to a user in the domains stipulated in cl. 1.2 of the Agreement, and a user is obliged to pay 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 health, nutrition, motor and physical activity, living environment, social relations, professional carrier and financial well-being and analysis of the information;
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;
getting general and/or personalized recommendations and advices depending on responses on questions asked including recommendations of specialists or partners of the Company undergoing certain selection and verification by quality standards determined by the Company for rendered services on improvement of a life style and habits, increase of comfort level, reduction of health and well-being risks including recommendations in physical activity, living environment, social activity, financial well-being and carrier growth;
information – consultative support providing implementation of recommendations and new habits to a user’s life style, constant update of life style analysis based on changing life factors of a User, provision of information and references on other resources and services allowing to improve life style and abovementioned life domains which are of interest for a subject and which he/she is ready to accept or not accept as an 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 Russian Federation.
2.5. The applicable law per the Agreement is the legislation of the Russian Federation. In the event if any of the Agreement clauses violates rights of a person not being a citizen of the Russian Federation, provisions of international law and rights of the Russian Federation 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 information about a User, his/her life style and other information 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. The current version of the Agreement shall be published on site www.lifeaddwiser.com specifying the date of such recent publication.
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.
3.2.3. To render services to a user without getting payment for the service used to test his/her life style except for recommendations of the Company specialists and analytical report on the scores obtained as a result of the testing.
3.2.3. To follow the law on personal data of the Russian Federation.
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 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 (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 review periodically the current version of the Agreement and Confidentiality policy of the Company.
3.3.9. Is obliged to provide exclusively legal, reliable and full data about him-/herself and his/her life style.
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.
4.3. The Company’s services are paid non-cash by the method stated on the site and in the annex. The payment procedure and service cost posted on the site and in the application are considered the part of the present Agreement.
5. Liability and warranties
5.1. A User is responsible for legitimacy, reliability and completeness of data about him-/herself 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 a User health.
5.3. In the settings of distant service rendering, the Company does not give a User any direct or indirect warranties that the results of his life style, health condition, physical health, financial, material, social well-being proposed by a 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 a 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.
5.7. 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 individualised 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.
That’s why if one of our recommendations catches you by surprise, please, consider whether the relevant part of your life is rather an exception to the rule in some way. If not, do pay closer attention to it - there is a chance you may be overlooking something of importance. In any case, please, remember that our questions and recommendations are a majority-useful statistical instrument and an invitation to mindfully examine the important aspects of a human life rather than the ultimate truth about you personally.
6. Intellectual property
6.1. The use of the service, site and mobile application is regulated and subject to the legislation of the Russian Federation 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 personal information on a User during registration, use of the service on the site, in the annex, as well if services of the Company’s partners are used.
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. 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 a name, surname, email, telephone number, sex, age. Moreover, the Company may inquire information on a User’s habits, interests, types of products and services offered by external partners that may be offered by the Company in its service.
7.2. Any personal information obtained on the site and annex remains the property of a User. When a User sends his/her personal data to the Company, it may use it for any legal use including and not limited to:
А. execution of product or service order;
B. sharing personal information with a third party for the purposes of execution of product or service order provided by a third party;
C. Presentation of promotional offers via telemarketing, mail marketing, pop-up windows, banner advertisement;
D. Follow-up of the Agreement execution;
E. For verification, subscription, unsubscription, content improvement and feedback.
7.3. A user agrees that the Company may contact him/her any time concerning updates and (or) any other information which it considers related with the further service use. The Company has a right to transfer information on a current or previous user in the event if the site or application have been used by the user for illegal activity.
7.4. The Company may provide external partners with information on users which have obtained targeted promotional campaigns to form future promotional campaigns and update information on any visitor used to get statistic data.
8. External references
8.1. The Company is not responsible for accuracy, confidentiality and user agreements of any external partners which may be promoted on the site or application. Any external promotional materials posted on the site or application owned by external advertisers, are not related to the Company anyhow.
The site automatically obtains and records technical information from the User browser to server logs: IP address, cookie, products inquired and pages visited. This information is recorded to increase quality of services to users of our site. 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 sms and push notifications on receipt of new questions on a life style, questions on following recommendations, reminding on necessary responses on questions. The notifications are not considered as external distribution as it is necessary for good quality rendering of services by the Company.
8.2. During registration and (or) when a User sends personal information, he/she may agree or disagree with the offer to transfer his/her personal data to external partners for marketing communications. If representatives of any these external partners contact him/her, he/she shall notify them personally on preferences to use personal data. Despite the abovementioned, the Company may collaborate with external partners which may (on their own or through their partners) post or read unique cookie files in a web-browser. These cookies open access for presentation of more personalized advertisement, content or services offered to you. To process such cookies, the Company may transfer a programmed unique encoded or hashed (not human-readable) identifier connected to email-address, online-advertiser with which it he/she collaborates, which may locate cookies on a computer. No personal information based on which a User may be identified, is associated with these cookies files. You may refuse from location of cookies with browser settings.
9. Non-identifying personal information
9.1. The Company has a right to collect non-identifying personal information on a User when you visit different pages of the Site. This non-identifying personal information includes without any limitations: browser type used, IP-address, type of operation system, as well domain name of internet-service provider.
The Company uses a non-identifying personal information to improve appearance, content and analysis of the service use, as well to get possibility for work personalization in the Internet network. 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.
9. Final provisions
9.1. 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.
9.2. The User may withdraw from the agreement in any time via removing his/her Account or refusal from service prepayment.
9.3. 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.
9.4. 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: firstname.lastname@example.org