Terms of Service

Effective Date: 2024-08-24

1. Acceptance of Terms

By accessing or using the services provided by EphyrTech OÜ ("we", "us", "our"), including our website, mobile application, and any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access or use our Services.

2. Description of Services

EphyrTech OU provides a platform that collects and analyzes health and activity data – including but not limited to sleep data, steps count, heart rate, daily activity levels, and other related metrics – to deliver personalized insights, training recommendations, food and product suggestions, activity suggestions, and lifestyle improvement advice. Additionally, health coaches may access user data through our website for personalized guidance and tailored health improvement plans.

3. Eligibility

You must be at least 16 years of age or the legal age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms.

4. Account Registration and Security

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are responsible for maintaining the confidentiality of your account credentials, and you agree to notify us immediately of any unauthorized use or breach of your account. We are not liable for any loss or damage arising from your failure to safeguard your account information.

5. Use of the Services

You agree to use the Services in compliance with all applicable laws and regulations. You will not:

• Use the Services for any unlawful purpose or in violation of any applicable laws.

• Attempt to interfere with or disrupt the integrity or performance of the Services.

• Access data or information that you are not authorized to view.

• Use any automated means to access the Services without our express permission.

Your use of the Services is at your sole risk.

6. Data Collection, Use, and Privacy

By using our Services, you acknowledge and agree that we collect, use, and process your personal, health, and activity data as described in our Privacy Policy. The data collected is used to provide personalized insights, support health coaches, and improve our Services. You acknowledge that you have read and understood our Privacy Policy, which is incorporated by reference into these Terms.

7. User Content and Data Accuracy

You are responsible for the accuracy, quality, and legality of the information and data you provide to us. You agree not to submit any content that is false, misleading, or unlawful. We reserve the right to remove or modify any user-submitted content that violates these Terms or our policies.

8. Intellectual Property

All content, features, and functionality provided as part of the Services, including but not limited to text, graphics, logos, images, software, and data compilations, are the exclusive property of EphyrTech OU or its licensors and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your personal, non-commercial use. You agree not to reproduce, distribute, modify, or create derivative works of any portion of the Services without our prior written consent.

Our Services may contain links to third-party websites, products, or services that are not owned or controlled by EphyrTech OU. We do not endorse or assume any responsibility for any such third-party content, policies, or practices. Your use of third-party services is subject to the terms and conditions of those third parties.

10. Disclaimers and Limitation of Liability

The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. EphyrTech OU disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall EphyrTech OU be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use or inability to use the Services, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless EphyrTech OU, its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney’s fees) arising from your use of the Services, your violation of these Terms, or your infringement on any intellectual property or other rights of any person or entity.

12. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause or notice, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, sections regarding intellectual property, disclaimers, and limitations of liability.

13. Modifications to the Terms

EphyrTech OU reserves the right to modify or update these Terms at any time. We will notify you of any changes by revising the effective date at the top of these Terms and, where appropriate, by providing you with additional notice. Your continued use of the Services following any changes constitutes your acceptance of the new Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws applicable in the jurisdictions where EphyrTech OU operates, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be resolved through amicable negotiations. If the dispute cannot be resolved amicably, it will be submitted to the competent courts in the appropriate jurisdiction.

15. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of EphyrTech OU to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. These Terms, together with our Privacy Policy, constitute the entire agreement between you and EphyrTech OU regarding your use of the Services.

16. Contact Information

For any questions, concerns, or requests regarding these Terms or our Services, please contact us by email at admins@ephyrtech.com.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.