nBUDDY TERMS OF SERVICE AND PRIVACY POLICY (DATED 31 December 2020)
Welcome to nBuddy, a proprietary mobile device application provided to you by HeartVoice Pte. Ltd. (Singapore Co Registration: 201836383D). Please read and review this Terms of Service as it is a legal agreement (“Agreement”) between you and HeartVoice Pte. Ltd (“HeartVoice” or the “Company”). nBuddy comprises a mobile application which incorporates a user chat (“User Chat”) and a peer group support chat (“Peer Chat”) as well as its own nBuddy website. nBuddy provides nutritional information which it believes to be correct, to its best knowledge.
HeartVoice grants to each user of the nBuddy Application (“User”), subject to the terms and conditions of this Agreement, during the term of this Agreement, a limited, non-exclusive, non- transferable, non-sub-licensable, revocable, license to install, access, the nBuddy Application (“nBuddy Application” or “Application”) on up to three mobile devices or equipment owned or controlled by you (“Device”) for your personal use only (and not for commercial use or resale). The nBuddy Services include but is not limited to the provision of health coaches and personal nutritionist coaches via the nBuddy Application (“Services”).
The Application and all databases within are owned by HeartVoice, its successors, assigns, and licensors and is protected by copyright laws of Singapore and by laws of other nations. The application is licensed, not sold. Other than those rights expressly granted to you herein, the Company reserves all rights in and to the Application and Services, including any and all patent, trademark, copyright, intellectual property rights, developed or in existence and in all forms of media throughout the world for the Company’s use and disposition at its sole discretion without any obligation to you.
You may only use the Application in accordance with this Agreement.
HeartVoice reserves the right to monitor and investigate violations of these Terms of Service or any other conduct that affects this Agreement and nBuddy’s Application.
You agree that the Company may collect and use technical and related information, including but not limited to technical information about your Device, software, and peripherals including third party fitness devices, that is gathered periodically to facilitate the provision of Application updates, product support and other services to you (if any) related to the Services and Application and to verify compliance with the terms of this Agreement. The Company may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. (See also nBuddy’s Privacy Policy).
The Application is designed to help you to create good eating and other nutrition habits to deliver long-term achievements in the areas of weight loss, health and wellness. In the premium version, you may be assigned one or more health coaches (“Health Coach or Health Coaches”) and/or nutritionists (“Nutritionist or Nutritionists”) who shall provide guidance, analysis and feedback concerning nutritional and fitness aspects. You will have use of the Application to track and monitor your progress, access to the Website, as well as access to the User Chat and Peer Chat for recommendations and advice.
HeartVoice endeavors to ensure positive interactions between you and your Health Coach and Nutritionist. HeartVoice will monitor the provision of the Services to ensure the quality of, among other things, the interactions with your Health Coaches. You acknowledge your Health Coach may on occasion be unavailable to respond to you to provide immediate responses and nutritional information.
If at any time you are unsatisfied or would like to change your Health Coach or Nutritionist for any reason, please contact HeartVoice at support@ourheartvoice.com. HeartVoice reserves the right to change your Health Coach or Nutritionist at any time and for any reason.
HeartVoice may modify the nBuddy Application and Services at any time, at our sole discretion. HeartVoice reserves the right to change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
The User records may be maintained in paper or electronic format, as appropriate and may be stored on-site or off-site, in accordance with the need to access the records. Please refer to the section on User Content (below) as well as the Privacy Policy (below) for a full explanation of how HeartVoice keeps records.
nBuddy Application and Services are intended for informational purposes only. nBuddy provides a platform so that nBuddy Health Coaches and Nutritionists may provide you with nutritional information relating to your nutritional, weight loss, physical (and fitness goals). You acknowledge that the nBuddy Application is different from the services of that of a dietician, nutritionist, personal trainer or medical professional. nBuddy Application and Services do not fully replace the services of a dietitian or nutritionist.
Our Services and Application are provided for informational purposes only and not for medical advice or recommendation any kind. The information provided is not a substitute for the advice of an appropriate medical professional or healthcare provider. The Company assumes no liability for any medical advice, consultation, or services. You should discontinue diet or other lifestyle changes in cases where such changes cause pain or severe discomfort, and should consult a doctor or medical expert prior to returning to diet or other lifestyle changes in such cases. Please consult your doctor if you have any medical conditions or symptoms.
If you already have an existing relationship with a Third-Party Healthcare Provider (“Provider”) and the Provider refers and signs you up to the nBuddy Platform and Application where the User Chat and/or Peer Chat is moderated under the Provider’s direct or indirect supervision, there may be additional specific terms and conditions between you and the Provider. HeartVoice assumes no liability for medical advice, consultation or services for Providers and does not endorse any Providers nor does it assume liability for facilitating Provider-patient relationships with such Providers.
For purposes of this Agreement: “User Content” means any Content (see definition of Content above) that Users (including you) provide to be made available through the Application through the User Chat or Peer Chat which shall also include the specific content of the chat conversations.
By making any User Content available through the Services you hereby grant to HeartVoice a perpetual non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, and distribute your User Content in connection with operating, improving and providing the Application and Services. HeartVoice commits to removing all references to and identification of yourself (i.e. scrubbed and anonymized) should any such User Content be used. HeartVoice will continue to use your User Content even after the Termination of this Agreement and even after you have requested a full delete of your Personal Information and Personal Health Information.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant HeartVoice the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content made available through the Services, nor any use of your User Content by HeartVoice on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content on your Device by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Device. HeartVoice is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content on your Device. Please refer to Deletion of Information section in the Privacy Policy to find out how to fully delete your information from HeartVoice.
HeartVoice provides feedback and reports (“Reports”) to Users through the Application. The Reports takes available information and does limited calculations based on certain data from User input to be presented back to the User for general health purposes. The calculations are done computationally and HeartVoice believes the methodology of the calculation to be correct but does not make any warranties or representations that the information provided to the User through the Application is accurate. Data provided to HeartVoice for this purpose may be corrupted or transmitted wrongly from the User to the nBuddy servers and vice versa resulting in errors.
If you do sign up for a paid subscription, you agree to pay, and authorize HeartVoice third party payment processor to charge using your selected payment method, for all applicable fees and taxes that may accrue in relation to your subscription to use the Services. The fees for your subscription to use the Services are set forth at www.nBuddy.net. All fees are non-refundable except as required by law. Nevertheless, in the event you have entered into a paid subscription agreement with HeartVoice, and the nBuddy Application or Services is terminated, HeartVoice will refund your pro-rated unused subscription amount.
You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due. If you wish to terminate your subscription to the Services, and for all other inquiries, you must contact support@ourheartvoice.com.
This Agreement is effective from the date you first register with HeartVoice and shall continue until terminated as provided herein (the “Term”). HeartVoice reserves the right to immediately suspend or terminate your access to the Application and Services, without notice, upon your breach of any of the terms of this Agreement. You may cancel your Account at any time by sending an email to us at support@ourheartvoice.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, copyright, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.
Participation in another User’s Peer Chat
If you are invited and agree to be a participant in another User’s Peer Chat, you acknowledge that this is a support function to help other Users achieve their objectives consonant with nBuddy Application and Services. You agree to positively encourage and motivate the User and at the same time not to be negative or criticize the User. You acknowledge that you are not the primary participant in any other User’s Peer Chat. You agree not to give any specific medical related advice, and stick to general motivational, health and wellness advice. You agree to keep private all information about a User that you obtain from this channel.
You agree that either of the User or HeartVoice can choose to terminate your involvement without notice and on an immediate basis in the Peer Chat of any other User for any reason whatsoever and that HeartVoice can delete access to that particular Peer Chat and the content in the Peer Chat on your nBuddy Application remotely.
Inviting other Users to participate in your own Peer Chat
The Application allows you to invite other Users to participate in your own Peer Chat.
You take full responsibility for each User you invite into your Peer Chat and acknowledge that their conduct and behavior may not be unacceptable. You understand that Users who comment in your Peer Chat may intentionally or inadvertently make offensive remarks and comments which may be false, erroneous and / or harmful for you. HeartVoice is not responsible for the conduct of any User you invite into your Peer Chat. Nevertheless, if HeartVoice is aware of bad conduct contrary to the Terms and Conditions of the Application, we will seek to unilaterally terminate access for any such Users in your Peer Chat.
You can terminate any User who you have invited into your own Peer Chat at any time.
The health information and other information on the nBuddy Application are general in nature. The information does not constitute medical advice or any professional services. While all attempts will be made to keep information up-to-date, information provided may become outdated over time, or superseded by subsequent disclosure. The nBuddy website could also include technical or other inaccuracies or typographical errors. The Company assumes no liability for the accuracy or completeness of, nor any liability to update, the information contained in our Application or Website.
The health information in this Application is not intended as a substitute for seeing a medical professional. Always consult a doctor if you have any specific health care needs or pre-existing medical conditions. You agree not to rely on the information in this Application to self-diagnose an illness. Only a doctor can provide the proper medical diagnosis and treatment. Never disregard any medical advice or delay seeking advice because of anything you learn or find out this Application.
You understand that receiving and relying on the nBuddy Application may involve risks of bodily injury including permanent disability, paralysis and death which may be caused by your own actions or the actions of others, including those of HeartVoice and that there may be other risks, either unknown to you or not readily foreseeable and you fully accept and assume all such risks and all responsibility for losses, costs and damages you incur as a result of using the Application or receiving nBuddy Services.
In consideration of your use of the services, you understand and voluntarily accept this risk and agree that HeartVoice, its, directors, employees, consultants, agents, successors and assigns will not be liable for any injury, including, without limitation, personal, bodily or mental injury, economic loss or other damages to you, your spouse, unborn child, or relatives resulting from your use of the services.
You, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, HeartVoice and its directors, employees, consultants, agents, successors and assigns, from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses including, without limitation, reasonable legal fees arising out of or in any way connected with (i) your access to or use of the services, or (ii) your violation of this agreement.
nBuddy services are provided by HeartVoice on an “as is” basis. HeartVoice makes no representations or warranties of any kind, expressed or implied, as to the provision of HeartVoice services or the information, content, materials or products included or referenced on the website or application. HeartVoice makes no warranty that nBuddy application and services will meet your requirements or be available on an uninterrupted, secure or error-free basis. You expressly agree that your use of the nBuddy application and services is at your sole risk and you assume any risk associated with nBuddy application and services.
To the fullest extent permissible by Singapore law, HeartVoice disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. HeartVoice does not warrant that the application, reports, website, its servers, or email or text messages sent to you related to services are free from viruses or other harmful components.
For the avoidance of doubt, HeartVoice does not represent, warrant or guarantee any specific results, the effectiveness of HeartVoice services or that you will meet your weight loss or other goals.
This Agreement is effective from the date you first register with HeartVoice and shall continue until terminated as provided herein (the “Term”). HeartVoice reserves the right to immediately suspend or terminate your access to the Application and Services, without notice, upon your breach of any of the terms of this Agreement. You may cancel your Account at any time by sending an email to us at support@ourheartvoice.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, copyright, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our customers.
This Agreement will be governed by the laws of Singapore.
This Agreement contains the entire agreement between you and HeartVoice regarding the use of nBuddy Services. Unless otherwise explicitly stated, the terms including, without limitation, the disclaimers, limitation of liability, restriction of use and content ownership provisions will survive termination of your registration for the HeartVoice Services and this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
You warrant, represent, acknowledge and agree that you: (1) you are 18 years or older and capable of forming a binding contract with HeartVoice and are not otherwise barred from using the nBuddy Application and Services under applicable law, (2) agree to participate and become a customer of HeartVoice, (3) agree to use the nBuddy Application and Services, (4) have had an adequate opportunity to review and consider this Agreement, (5) have fully read and understand the contents of this Agreement, including but not limited to assuming the risks of receiving HeartVoice Services, and (6) are willingly and voluntarily entering into this Agreement with fully knowledge and understanding of its contents, disclaimers, risks and limits of liability.
We welcome feedback, comments and suggestions for improvements to our Terms of Services (“Feedback”). You can submit Feedback through the Application itself or by emailing us at support@ourheartvoice.com.