Terms and Conditions of the Shen Health Mobile Application
1. General provisions
1.1. These Terms and Conditions define the terms and conditions for using information society services provided through the mobile application named Shen Health (hereinafter referred to as the “Application”).
1.2. The service provider providing services through the Application is MX Labs OÜ, with its registered office in Tallinn, Estonia, at the address Lõõtsa tn 8a, 11415 Tallinn, registered in the appropriate commercial register under the number 16090991, VAT: EE102308668, e-mail: email@example.com, (hereinafter also referred to as MX Labs, or the Service Provider), and it is also the owner of the Application.
2.1. The terms used in the Terms and Conditions of the Shen Health Mobile Application have the following meanings:
a) Account – an individual account enabling access to the functionality of the Application after the User’s successful registration;
b) Application – Shen Health mobile application, i.e. the Service Provider’s software based on Shen.AI technology in the form of a mobile application, which enables the use of services;
c) Code – the code required to authorize the User’s access to the Application, obtained by the Partner from MX Labs on the basis of the concluded agreement and provided by the Partner to potential Users of the Application – in the manner specified by the Partner; the validity period and activity of the Code runs from the day of its generation for the Partner and depends on the conditions of the agreement concluded between the Partner and MX Labs;
d) Consumer – User of the Application who is a natural person is a natural person who concludes a transaction with Service provider not related to independent economic or professional activities;
e) MX Labs or Service provider – MX Labs OÜ with its registered office in Tallinn, Estonia, at the address Lõõtsa tn 8a, 11415 Tallinn, registered in the appropriate commercial register under the number 16090991, VAT: EE102308668, e-mail: firstname.lastname@example.org;
f) Partner – an entity that has entered into a separate agreement with MX Labs, under which it received Codes necessary to authorize the User during the registration of the Account in the Application, and which the Partner may provide to the end Users of the Application (e.g. its employees, patients, users);
g) Personal Data – information entered by the User and collected by the Service Provider, necessary for using the Application, constituting personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
h) Services – services provided by MX Labs enabling the User to access the Application and its functionality, constituting information society services (provided electronically), i.e. at the direct request of a recipient of the services, without the parties being simultaneously present at the same location, which involve the processing, storage or transmission of information by electronic means intended for the digital processing and storage of data, and which must be entirely transmitted, conveyed and received by electronic means of communication;
i) Terms and Conditions – these Terms and Conditions of the Shen Health Mobile Application;
j) User – a natural person who enters into a contract for the provision of Services, in the performance of which MX Labs provides Services through the Application, having a Code from the Partner necessary to authorize access to the Application.
3. Technical requirements
3.1. The Application can be downloaded from the Google Play or App Store.
3.2. Using the Application requires a mobile device with a functioning camera and an up-to-date Android or iOS operating system, as well as access to the Internet and an active email account.
3.4. Service Provider makes every effort to ensure that the Application operates 24 hours a day, 7 days a week. However, Service Provider reserves the right to take necessary technical break in the operation of the Application, which will be communicated to Users in advance, if possible. The Application may also be unavailable due to force majeure, actions or omissions of third parties, or other circumstances beyond MX Labs’s control, including Internet access providers or Google Play and App Store services.
4.1. Using the Application requires registering an Account, authenticating it with a Code received from the Partner, and accepting the Terms and Conditions.
4.2. The Application can be used by individuals who have reached the age of 18. Using the Application confirms that the user is an adult.
4.3. Each User can use the functionalities available in the Application after reading and accepting the Terms and Conditions.
4.4. The User accepts the Terms and Conditions by checking the appropriate checkbox when creating an Account.
4.5. To create an Account and register, it is necessary to have an active email account and an email address.
4.6. Registration and account creation involve filling in the form fields with data in accordance with the information on the Application screen, including the email address that will be the User’s login and password.
4.7. The User sets an individual password for the Account. The User is responsible for keeping this password confidential. MX Labs is not responsible for the User sharing data related to the individual Account with third parties and the consequences of such sharing.
4.8. After approving the completed form, MX Labs will request the new User to provide the Code that the User received from the Partner.
4.9. After authenticating the User with the Code, MX Labs sends the appropriate information along with a confirmation link to the email address provided by the User. Clicking on the link is required to fully activate the Account. When the User clicks on the link, an agreement for the provision of electronic services for Account management is concluded. Until the User clicks on the link, the Account remains inactive.
4.10. The User may request MX Labs to delete the Account at any time by sending a message to the email address: email@example.com. However, if the User has used the Code, deleting the Account may prevent further use of the Code under another account, even though the validity period determined based on the agreement between MX Labs and the Partner has not expired.
4.11. MX Labs reserves the right to delete an Account of User if the Partner violates the Terms and Conditions or the cooperation agreement between the Partner and MX Labs and in the event of termination of the above-mentioned cooperation agreement.
4.12. The service of accessing the Application’s functionalities is provided free of charge to the User but is dependent on the terms of the agreement between MX Labs and the Partner. In the event of the termination of the agreement between the Partner and MX Labs, based on which the Partner obtained the access Code to the Application, provided to the User, the User’s access to the Application’s functionalities expires on the day of termination of the above-mentioned agreement. In the case of temporary suspension of services by MX Labs based on the above-mentioned agreement due to a lack of timely payment by the Partner, the User’s access to the Application’s functionalities may be temporarily suspended. The User may also lose access to the Application’s functionalities as a result of the expiration of the legal relationship with the Partner, based on which the Partner provided the User with access to the Application’s Code.
4.13. The User will be notified of the expiration or temporary suspension of their access to the Application’s functionalities via notifications in the Application. The validity period of the Code can be checked from the settings of the User’s Account in the “Validity of your code” tab.
5. Application functionalities
5.1. Through the Application, the User has the ability to control its health and well-being and use tools that support and encourage them to take care of its health, in particular through the following functionalities:
a) health monitoring, prevention and self-assessment program;
b) camera-based measurements powered by Shen.AI: blood pressure, heart rate, heart rate variability, respiratory rate, stress index;
c) personalized insights and recommendations;
d) health risks: stroke, heart failure, risk of developing atherosclerotic cardiovascular disease in the next 10 years, coronary artery disease, peripheral vascular disease, risk of a serious cardiovascular event, risk of a fatal cardiovascular event in the next 10 years, coronary death, fatal stroke, vascular age;
e) health assessments:
i. lifestyle assessment: a comprehensive assessment of a person’s lifestyle can help identify potential areas for improvement in their overall health. This assessment may include questions about diet, exercise, sleep habits, stress levels, and substance use;
ii. physical assessment: including cardiovascular health, body composition, and musculoskeletal function, it may involve measuring blood pressure, body weight, height, and body fat percentage, as well as assessing muscle strength and flexibility;
iii. mental health assessment: it can evaluate a person’s emotional well-being and identify mental health conditions, it may involve asking questions about mood, anxiety, sleep, and other mental health symptoms;
iv. cardiovascular health assessment: this assessment could include questions about blood pressure, cholesterol levels, family history of heart disease, and any current cardiovascular issues or concerns;
v. diabetes risk assessment: it can help individuals evaluate their risk of developing diabetes by asking questions about family history, weight, diet, physical activity, and other risk factors;
vi. hypertension risk assessment: it can help individuals evaluate their risk of developing hypertension (high blood pressure) by asking questions about family history, diet, physical activity, and other risk factors;
vii. obesity risk assessment: it can help individuals evaluate their risk of developing obesity by asking questions about weight, height, diet, physical activity, and other risk factors;
viii. heart disease risk assessment: it can help individuals evaluate their risk of developing heart disease by asking questions about family history, diet, physical activity, and other risk factors;
ix. stroke risk assessment: it can help individuals evaluate their risk of having a stroke by asking questions about family history, diet, physical activity, and other risk factors;
x. respiratory health assessment: it can help individuals evaluate their respiratory health, including any symptoms of respiratory disorders such as asthma, chronic obstructive pulmonary disease (COPD), and other related conditions;
xi. program targeting people suffering from psychological/mental problems related to depression;
xii. program aimed at people suffering from psychological/mental problems related to professional burnout;
xiii. program aimed at people suffering from psychological/mental problems related to symptoms of neurosis and obsessions;
xiv. program aimed at people suffering from psychological/mental problems related to the lack of skills to cope with stress;
xv. insomnia health assessment;
f) health challenges based on gamification: award points, badges etc.;
g) health calculators: BMI, hydration;
h) medication management and reminders;
i) notifications and push messages;
j) patient card – historical results, export to a doctor or a family member via email, pdf, a link or a QR code;
k) health data import from Google Fit and Apple Health;
l) health knowledge database with contextual placements.
5.2. Services provided through the Application to the User do not constitute healthcare services within the meaning of applicable law. The provision of Services by MX Labs does not involve diagnostic or therapeutic activities and cannot be treated as medical advice, disease diagnosis, therapy, or replace any other healthcare services.
5.3. The User acknowledges that using the Application does not replace a diagnosis and does not constitute a basis for diagnosing, preventing, monitoring, forecasting, or treating the User, and that the services provided through the Application to the User do not constitute healthcare services, which means that health information provided through the Application, including measurement results, is for informational purposes only. If the User suspects, based on the data from the Application, any abnormalities, disease, or the need for help, they should immediately seek medical advice or appropriate healthcare services from the relevant institution.
6. Personal data protection
7. Protection of intellectual property and MX Labs’s interests
7.1. All elements of the Application, including property copyrights, intellectual property rights to its name, internet domain, texts, photos, graphics, logo, etc. – are the property of MX Labs. Using any elements of the Application without prior written consent of MX Labs is prohibited.
7.2. The User is prohibited from using the resources of the Application or services provided by MX Labs, including posting content and materials in their Account in a manner contrary to the law, good manners, violating the personal rights of third parties, or MX Labs’s legitimate interests.
7.3. The User is fully responsible for the content and materials posted in their Account in the Application, including their quality and legality, as well as for any damages resulting from such content and materials. MX Labs reserves the right to remove content and materials posted by the User that violate the provisions of the Terms and Conditions, good manners, or applicable law.
8. Changing the regulations, responsibilities, and complaints
8.1. MX Labs reserves the right to change the terms of Service provision via the Application. In exceptional cases affecting the safety or stability of the Service, MX Labs has the right to temporarily suspend or limit access to the Application without prior notice, including during maintenance work aimed at restoring the safety and stability of the Service.
8.2. If an error occurs in the Service, the User may contact MX Labs by sending a message to the following email address: firstname.lastname@example.org. Complaints regarding non-delivery or abnormalities in the Service can be reported electronically to the above address. The complaint should contain the User’s name, email address, the name of the Partner the complaint pertains to, and a description of the event the complaint concerns. Complaints will be considered within 14 days from the date of receipt of the report.
8.3. Subject to the mandatory provisions of the law, MX Labs shall not be liable for any damages incurred by the User or third parties as a result of using the Service, as well as for damages incurred by the User or third parties in connection with a violation of the Terms and Conditions. In each case, MX Labs’s liability to the User cannot exceed the equivalent of the fee/remuneration paid for a given Service, if it is provided for in the agreement with the User or Partner. This does not apply to damages caused by MX Labs as a result of deliberate action, for which MX Labs is fully liable.
8.4. MX Labs reserves the right to change the content of these Terms and Conditions. All changes to the Terms and Conditions will be announced in the form in which they were originally made available to Users, with a 14-day notice period where possible.
8.5. The content of the Terms and Conditions may be recorded by printing, saving to a data carrier, or downloading at any time from the Application.
8.6. In the event of a dispute arising under the agreement based on these Terms and Conditions, the parties will seek to resolve the dispute amicably.
8.7. A User who is a Consumer may use out-of-court complaint handling and redress procedures. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle out-of-court disputes.
8.8. A User who is a Consumer may also use the online dispute resolution system between consumers and entrepreneurs at the EU level at http://ec.europa.eu/consumers/odr/.
8.9. Matters not regulated in the Terms and Conditions shall be governed by Estonian law.