Terms of Use for PhiliaSense Mobile App

1. Definitions

• App: Any mobile or web application of PhiliaHealth.
• User: any registered with PhiliaHealth, intent on using the App.
• User Account: The account which the User registers under the App's Terms of Use, i.e. these terms of use.
• Information: Data, images, video and audio files, and other content the User shares via the App. (Audio and video) communications that take place via the App.
• Parties: The User and PhiliaHealth, each individual being a 'Party'.
• Privacy Policy: The Privacy Policy of PhiliaHealth that applies to the collection and processing of personal data, details of which can be found at philiasense.com/privacy.

2. Use of the App(s)

2.1 PhiliaHealth offers Apps to Users for insights into their wellbeing. Details about the company and the functionalities of PhiliaHealth's Apps can be found at philiasense.com.

2.2 Once registered, a PhiliaHealth User receives a non-exclusive, non-sub licensable and non-transferable license to use the App. This means that the User cannot become the owner of PhiliaHealth Apps. Similarly, no Intellectual Property can be transferred. Users are therefore forbidden to share PhiliaHealth's Apps (part or whole), in which the source code can be retrieved via reverse engineering, decompilation, or any other techniques.

2.3 The Terms of Use, Privacy Policy and Cookies Statement all apply when using PhiliaHealth Apps. These can be found (and are available to download free) at philiasense.com. Once the App has been downloaded or once registered, the User automatically agrees to the Terms of Use, Privacy Policy and Cookies Statement.

2.4 PhiliaHealth is not liable nor responsible for services or activities of Third parties.

2.6 To allow the App to work correctly, the following is needed: a reliable internet connection, devices that support the App. The User is solely responsible for the internet connection, devices, and its correct usage.

2.7 PhiliaHealth and the User are able to stop using the App or withdraw the license to use the App at any time and without reason. If PhiliaHealth takes this action, the User will be informed by email. PhiliaHealth is not responsible for the consequences of blocking and/or limiting the access to the App and/or its outer operations and/or the User account.

3. What does/doesn't PhiliaHealth provide when using the App?

3.1 PhiliaHealth stands committed to optimise both the App's availability and accessibility. PhiliaHealth thereby strives to ensure maximum availability, but nevertheless, cannot guarantee the User unimpeded access to the App or undisturbed and uninterrupted use, for example, during maintenance or the installation of updates, which can occur regularly and at PhiliaHealth's discretion. In the case of maintenance work, during which the App is temporarily unavailable, PhiliaHealth will inform the User beforehand, if possible.

3.2 PhiliaHealth cannot guarantee that the App, or any part thereof, will work without interruption, errors or defects, or that all such errors and defects can and will be improved.

3.3 PhiliaHealth is not responsible for the (undisturbed) functioning of telecommunication connections (for example, the User's Internet connection).

3.4 PhiliaHealth is completely committed to ensuring the App is protected by state-of-the-art security encryption. The User should also take responsibility in securing their personal devices and software sufficiently (for example, by selecting strong passwords and/or a PIN code on the iPad).

4. Personal data

4.1 When using the App, (personal) data may be stored and processed by PhiliaHealth. Details of the types of data collected and processed can be found in the App's Privacy Policy.

4.3 PhiliaHealth has, at all times, the right to use Information on an aggregated and anonymised basis in the context of improving the PhiliaHealth App and her services, in accordance with the Privacy Policy.

5. Liability of PhiliaHealth

5.1 In no event will PhiliaHealth or its service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with the use, or inability to use, the App, any content on the App or any services or items obtained through PhiliaHealth or the App, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

5.2 Nothing in this Section 5 affects any liability which cannot be excluded or limited under applicable law. PhiliaHealth does not exclude or limit in any way its liability to Users where it would be unlawful to do so. Where PhiliaHealth's liability cannot be excluded, PhiliaHealth limits its liability to the fullest extent permitted by the Consumer Protection (Fair Trading) Act (CPFTA) of Singapore.

5.3 User agrees to defend, indemnify and hold PhiliaHealth, its licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to User's violation of these terms or use of the App, including, but not limited to User's use of any information obtained from or through the App and any use of the App's content, services and products other than as expressly authorised in these terms.

5.4 PhiliaHealth does not guarantee that the App will be secure or free from bugs or viruses or any other type of malicious code or software.

5.5 PhiliaHealth is not liable nor responsible for the services or activities of a User's medical professionals or other service providers to the User.

6. Other provisions

6.1 PhiliaHealth shall have no liability to User under these terms or otherwise if it is prevented from or delayed in performing its obligations under these terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, cybercrime, (distributed) denial of service attacks, failure of a utility service or transport or telecommunications network, war, riot, fire, flood, storm, health crisis or unforeseeable default of suppliers, provided that the User is notified of such an event and its expected duration.

6.2 PhiliaHealth reserves the right to amend or supplement these terms. Changes and additions shall be implemented with due observance of a term of thirty (30) calendar days after the notification of the change/amendment to the User. Changes and amendments of minor importance can be implemented at all times. If the User does not wish to accept a change/amendment, until the date on which the new terms come into effect, it must stop using the App. Use of the App after the date of effect shall constitute acceptance of the changed terms.

Governing Law & Miscellaneous

• These terms are governed by the law in force in Singapore.
• All disputes that may arise pursuant to or in connection with the Agreement shall be irrevocably submitted to the courts in Singapore.
• 'Written/in writing' in these terms also refers to e-mail communication or communication through the App, provided the identity of the sender and the integrity of the contents is adequately established.
• If the whole or any part of a provision of these terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
• The reports and the version of communications or information saved by PhiliaHealth are deemed to be correct unless the User provides evidence to the contrary.
• PhiliaHealth is entitled to transfer or subcontract its rights and obligations under these terms to a third party who acquires the App or the relevant business operations from it. The User is not entitled to transfer, assign and/or sublicense its rights and obligations under these terms to a third party without the prior written consent of PhiliaHealth.