Terms of Use
1. INTRODUCTION
The HEAL-Ⅲ Mobile Application (HEAL-Ⅲ) is a lifestyle application (App) launched by HEALTHREE TECHNOLOGIES LTD. (Company), a company incorporated in British Virgin Islands. Users of the App can accumulate tokens through health activities such as walking, jogging, or running outdoors by meeting certain conditions.
Access to, and use of, the App and the services available through the App (Services ) are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time.
Please read these Terms of Use carefully before you start to use the Services, as they set out the legal agreement between HEAL-Ⅲ and you for your use of the Services. If you do not agree to these Terms of Use, you must not use the Services.
2. AMENDMENTS TO TERMES OF USE
The Company reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the App or through the Services. You agree to comply to be bound by the Terms of Use as amended by continuing to use the Services.
3. THIRD PARTY SERVICES
HEAL-Ⅲ may include in the Services links to other sites or applications that are owned or operated by third parties (Third Party Services). The Company has no control over the Third Party Services, makes no warranties or representations in relation to Third Party Services and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of Third Party Services will be subject to the terms of use and service contained within each respective Linked Site.
4. CHANGES AND UPDATES TO THE SERVICES
HEAL-Ⅲ reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any part of the App.
We may issue updates to the App from time to time. Depending upon the nature of the update, you may not be able to continue to use the App until you have downloaded the latest version of the App.
5. PRIVACY POLICY
Our privacy policy, which sets out how we will use your personal information, can be found at Privacy Policy. By using the App, you consent to our collection, storage, use and disclosure of your personal information as set out in the privacy policy and warrant that all data provided by you is accurate.
Please be aware that internet communications are never completely private or secure, and messages and information sent using the Services can be read or intercepted by others, even if there is a special indication that a particular communication is encrypted.
6. USER
You must be at least 18 years old, or the age of legal majority in the jurisdiction where you reside, to access the App and the Services. The App and the Services are provided solely for your personal, non-commercial use. You agree that the Company shall not be responsible or liable for any loss, damage, injury, or other matters of any kind arising out of your interaction with the App or the Services.
By using the App or the Services you represent and warrant that:
your access to and use of the App and Services in the manner in which you access and use them is lawful in your country of residence.
you are not listed, or associated with any person or entity being listed, on any of the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons List, the U.S. Department of State’s Debarred Parties List, the EU Consolidated List of Persons, or Groups and entities subject to EU Financial Sanctions. You further certify that you are not a resident of, a nation of or located in a geographic area that is subject to UN, U.S., or EU embargoes.
7. SAFETY WARNING; NO MEDICAL ADVICE
The Services is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
The Services does not contain or constitute, and should not be interpreted as, any form of medical advice or opinion, diagnosis or treatment, and should never be used as a substitute for medical or emergency care. Your use of the Service does not create a doctor-patient relationship between you and HEAL-Ⅲ.
We are not licensed medical professionals, and we are not in the business of providing medical advice or in the practice of medicine. You should always consult a qualified medical professional prior to beginning or modifying any diet or exercise program, and only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs.
In becoming a user of the App and the Services, you represent and warrant that all of the following statements are true:
no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner; and
you do not know of any other reason you should not exercise.
8. APP
You can access the App through your MetaMask wallet. However, NFTs sold or distributed and tokens distributed through the Service are issued on the Aster network (reserving the possibility of more compatible chains in the future). Please note that MetaMask does not currently have direct compatibility with the Aster network, for example, the need to resolve Polkadot wallets.
We do not own or control MetaMask, Google Chrome, the Aster network, or any other third-party site, product, or service that you may access, visit, or use to enable you to use the various features of the App. We are not be liable for the acts or omissions of any such third parties, nor are we be liable for any damages you may suffer as a result of your transactions or any other interactions with any such third parties.
You are responsible for your MetaMask wallet (and any other Aster-compatible wallets) and the private keys used to access it.
Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or modify the Services without notice. We will not be liable if the App is unavailable for any reason at any time or for any period of time. From time to time, we may restrict access to some parts or all of the App.
We may from time to time change the rate at which users earn tokens through the App. We may revoke any benefits allocated to you if we reasonably consider the circumstances warrant a revocation, for example if they are allocated to you by mistake or if you accumulated them by misusing the App or the Services or in a way that is fraudulent, dishonest or otherwise unacceptable.
You are responsible for ensuring your security of access to any digital wallet used by you in connection with the App or the Services. We make no representation and give no warranty that tokens accumulated through the App or the Services will have any particular value or any monetary value at all. You are liable for any loss or diminution value of tokens.
To access our Services, you must have the necessary equipment (such as a smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. Our Services can be accessed directly using the APP. Access to our Services may become degraded or unavailable during times of significant data congestion or in the event of a network failure. This could result in the inability to access some of our Services. Although we strive to provide you with excellent service, we do not represent that the Services will be available without interruption. We shall not be liable for any losses resulting from or arising out of transaction delays or a failure of network protocols.
If your Account is inactive for twelve (12) consecutive months or more, we may, in our sole discretion, close your Account and any remaining funds in your Account will be subject to applicable laws regarding unclaimed monies.
9. HEAL-Ⅲ STORE
We are able to offer benefits provided by third-patties through the app (this may include, but it not limited to discounts that can be used with retailers, websites or other services)(Third-Party Benefits). You may exchange tokens for Third-Party Benefits on a HEAL-Ⅲ Store in the App. Although you may be allowed to obtain Third-Party Benefits, you are contracting directly with us when you spend your tokens on the HEAL-Ⅲ Store.
You agree that HEAL-Ⅲ has no responsibility for any Third-Party Benefits. You are contracting directly with the relevant third party when you use Third-Party Benefits and any use happens on third party website or apps that are not controlled by us. You agree that we have no control over and do not guarantee the quality, safety or legality of any Third-Party Benefits, the truth or accuracy of their offers, or the ability of third-parties to provide any goods, services or other benefits offered.
HEAL-Ⅲ is entitled to alter the selection of Third-Party Benefits on offer, and the number of tokens required to redeem any Third-Party Benefits offered on the HEAL-Ⅲ Store, as well as to limit the number of possible redemptions by any user or group of users in its absolute discretion.
10. PROHIBITIONS
The prohibited activities with regards to the App include, but are not limited to:
Committing or facilitating a criminal activity;
Transmitting or distributing a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
Hacking into any aspect of the App or the Services, corrupt data, or cause annoyance to other users;
Infringing upon the rights of any other person's proprietary rights;
Sending any unsolicited advertising or promotional material, commonly as known as “spam”;
Attempt to affect the performance or functionality of any computer facilities of or accessed through this App or the Services;
Using an emulator or similar third party software to cheat in accumulating benefits or gain an advantage;
Making false, inaccurate, misleading or deceptive representations;
Engaging in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the App or the Services;
Submitting any content that contravenes any laws;
Infringing on the rights of any person who has a copyright, patent, trademark or any other form of intellectual property right, confidentiality or privacy;
Contravening any applicable state, federal or international law or regulation;
Engaging in defamatory or libelous conduct towards any other person;
Threatening or harassing any other person;
Publishing or engaging in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the platform;
Publishing or participating in publishing any malicious code, script or data that may causes harm, damage or interfere or modify the App or the Services without the express prior written consent from the Company; and
Engaging in conduct deemed contrary to the spirit of the App or the Services as determined by the Company in its sole discretion.
You agree that, except as the Terms of Use expressly provide otherwise, we do not need to notify you in advance or give you any reasons for any action we may take in connection with your misuse of the App or the Services, including suspending or cancelling your access to the App and the Services.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this App or to your downloading of any material posted on it, or on any Linked Sites.
We are not liable for any loss of tokens or assets incurred as a result of the suspension or cancellation of your access to the App and the Services.
11. USER REGISTRATION
You may be required to register an account (Account) or sign up with a wallet address with the App to be able to access its features and functions. You agree to keep your password (if any) confidential and will be responsible for all use of your Account and password.
To the maximum extent allowed by law, we accept no liability for any losses suffered by you with regards to losing access to your Account or wallet.
12. TRANSACTION
If you decide to purchase the NFTs sold within this service, any financial transactions will be conducted solely through the Aster network. We have no control over these payments or transactions, nor do we have the ability to reverse any transactions. Therefore, the we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the App or any other transactions that you conduct via the Aster network.
Aster network requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Aster network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App. The Gas Fee does not go to us and we have no control over its pricing.
In addition to the Gas Fee, each time you utilize a Aster network to conduct a transaction with another user via the App, you authorize us to collect prescribed commission to be displayed within the App (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Aster network as a part of the transaction.
All paid prices exclude any possible duties or charges. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App. Except for income and net-wealth taxes levied on The Company, you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.
13. INTELLECTUAL PROPERTY
All intellectual property rights in the Services throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with these Terms of Use.
14. INDEMNITY
To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all liability, loss, damages, costs or third party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:
your use of the Services;
any user content submitted by you or on your behalf;
any breach of these Terms of Use by you;
any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with your use of the App or the Services; or
any unlawful or negligent act of you or anyone acting on your behalf.
Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of Account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.
15. TERMINATION
In the event of any force majeure event (including a pandemic), breach of these Terms of Use, or any other event that would make provision of the App or the Service commercially unreasonable for Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of the App or the Service.
We may terminate your access to the App or the Service as far as technically feasible in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such Account without liability to you, including, for instance, in the event that you breach any term of these Terms of Use.
16. RISK ASSUMPTION
You accept and acknowledge each of the following:
There are risks associated with using cryptocurrencies, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your wallet. You accept and acknowledge that The Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Aster network, however caused.
The prices of blockchain assets are very volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFTs will not lose money.
Risk of loss of private key or passphrase(s): The company is not responsible for your private keys, which you need in order to access the NFTs. It is your sole responsibility to protect your private keys. In case of lost, the company takes no responsibility.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and therefore the potential utility or value of NFTs.
Upgrades by Aster to the Aster platform, a hard fork in the Aster platform, or a change in how transactions are confirmed on the Aster platform may have unintended, adverse effects on all blockchains using the Aster
17. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US (INCLUDING WITHOUT LIMITATION SOFTWARE) ARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICES, YOUR ACCOUNT, SOFTWARE, VIRTUAL GOODS AND/OR THE SITE WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENTS, TECHNOLOGY, HARDWARE, SOFTWARE, OR SYSTEMS.
18. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
19. MISCELLANEOUS
Entire Agreement These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. Our failure to require or enforce strict performance by you of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. Section titles in these Terms of Use are for reference only and have no legal effect.
Severability The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Use, which shall continue to be in full force and effect.
Amendment and Modification These Terms of Use may not be modified by you and may only be modified by us as provided above.
Remedies No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
Assignment We may assign these Terms of Use or the legal status, rights and obligations hereunder, in whole or in part, at any time without notice to you. You may not assign these Terms of Use or transfer any rights to use the Services.
Successors and Assigns These Terms of Use are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
Governing Law and Jurisdiction These User Terms of Use of use shall be governed by the laws of British Virgin Islands and you agree to submit to the exclusive jurisdiction of the courts of British Virgin Islands.
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