Terms and Conditions
Terms and Conditions
Terms and Conditions
ABOUT US
We are Biobetter, a registered entity in Ukraine under the sole proprietorship of Marina Valentynivna Malynovska, TIN: 3256019344 ("Biobetter", "we", "us"). Our registered office address is: Kyiv, Rusanivsky Boulevard, 6.
CONTACT US
If you have any questions, you can contact our customer support by sending an email to hello@biobetter.io.
This Agreement constitutes a public offer and an adhesion contract, where its terms are presented in a standard and unchangeable form for all users. By using the application in any way, users acknowledge that they have read, understood, and agree to all the terms of this Agreement. Using Biobetter signifies unconditional acceptance of this Agreement.
Users cannot propose their terms for this Agreement.
The relationships between users and the rights holder are governed by Article 633 of the Civil Code of Ukraine (regarding public contracts) and Article 634 of the Civil Code of Ukraine regarding adhesion contracts, as well as other legislative provisions provided by the current legislation of Ukraine regulating the relations of the parties.
As a user, YOU AGREE that by downloading and USING the Biobetter service, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS AND CONDITIONS, AND AGREE TO COMPLY WITH THEM, and that at the time of downloading the application and starting to use it, you are at least 18 years old.
1. Definitions.
1.1. Biobetter is a service that offers personalized recommendations based on the needs of the client and the results of questionnaires and surveys.
The Biobetter application is a web application, a set of instructions in the form of words, numbers, codes, diagrams, symbols, or in any other form, expressed in a form readable to bring it into action to achieve the specified goal and/or result stated in this Agreement.
1.2. License Agreement (Agreement, this Agreement) is a permission granted by the rights holder to users to use the software (Biobetter application) subject to the conditions defined by the rights holder.
1.3. User is a natural person with full legal capacity who legitimately uses Biobetter (not for profit), having created an appropriate profile in the application. As a general rule, a user is an adult person who is at least 18 years old.
1.4. Profile is a set of information about the user and authorization data (surname, name, date of birth, gender, email) entered by the user into Biobetter during registration and throughout the use of the application.
An adult person can create their own profile.
2. General Conditions for Using Biobetter
2.1. Only users who have accepted all the terms of this Agreement may use Biobetter.
2.2. For the use of certain services and functionalities of the application, the user may be required to consent to such use under other agreements and contracts, of which users will be necessarily informed, with the opportunity to familiarize themselves with the content of such documents and decide on further use or refusal of specific services and functionalities of the application.
2.3. Before starting to use Biobetter, the user must read the Agreement and accept its terms. It is presumed that by accepting the terms of this Agreement, the user is familiar with its content, the provisions of this Agreement are clear to the user, and they are obliged to comply with them. A user who does not agree with this Agreement has no right to use the application.
2.4. The rights holder guarantees:
● uninterrupted operation of the application;
● error-free operation of the application.
In the event of technical failures in the operation of the application, the rights holder will take measures to eliminate them.
2.5. The user has no right to modify the application. In case of making modifications to the application by the user, the rights holder is not responsible for the correct operation of the application, and the user is responsible for violating intellectual property law requirements according to the law.
2.6. The user can register in Biobetter by creating a personal profile, which may include information about the user.
2.7. Registration in Biobetter is possible only if the user consents to the processing of their personal data (or the personal data of the person whose legal representative they are).
2.8. Intellectual property rights to the application software belong to the rights holder. The use of the application software by other persons without the rights holder's consent is prohibited, including for commercial purposes.
2.9. Intellectual property rights to the application name (Biobetter) belong to the rights holder. The use of the Biobetter brand by other persons without the rights holder's consent is prohibited.
2.10. Users and other persons are prohibited from using the content and/or name of the application in any way (including, but not limited to, advertising, translation, linking, etc.) and for any purpose without the rights holder's consent.
2.11. Use of the application by the user is only possible after registration and creation of a personal profile. The user logs into the application by entering a password, which the user sets independently. The password may not need to be re-entered if the break in the use of the application is less than one minute.
2.12. No legal relations arise between the rights holder and users other than those related to the use of the application according to the rules provided by this Agreement.
3. Features of Biobetter
3.1. The Biobetter web application provides the user with the ability to:
● receive a personalized list of necessary examinations needed to start working on lifestyle optimization;
● upload examination results into the application;
● pay for services from the selected user tariff plan with Biobetter;
● interpret examination results using mathematical algorithms;
● automatically translate test results into English;
● store the history of all user test results;
● compare test results over time;
● book a consultation with a specialist if the user has selected a service package that includes this option;
● receive lifestyle recommendations from a specialist to achieve cooperation goals;
● track the progress of daily appointments within the application in the "My Day" section.
3.2. All data received by the rights holder through the use of the application by users is stored using cloud services or in another way that can guarantee the confidentiality of this data.
4. User Rights and Obligations
4.1. By accepting the terms of the License Agreement, the User agrees to:
● provide Biobetter with complete, accurate, and true information regarding the data required during registration and profile creation;
● take all possible measures to keep the password for logging into Biobetter confidential. Such measures include: not disclosing the password to third parties, logging into Biobetter only through secure devices, etc.
4.2. During registration, the user enters the following data into Biobetter:
● surname, name;
● date of birth;
● gender;
● city of residence;
● email.
4.3. Users can update their information through their profile settings.
4.4. Registration of users (profile creation) is a mandatory condition for the user to use all services offered by the application.
4.5. Users are responsible for maintaining the confidentiality and security of their personal data provided to Biobetter.
4.6. Each user can create only one profile.
4.7. The created profile is provided to the user for an unlimited period (as long as the user uses the application; as long as the rights holder supports the application).
4.8. The user has the right to delete their profile unilaterally, without prior notice to the rights holder.
4.9. The rights holder has the right to terminate the service of the Biobetter application at any time at their discretion, notifying users at least 14 days in advance. The user bears the risk of losing unsaved data (test results).
4.10. The user agrees that any services provided by the application may include the placement of advertisements. The types of advertisements are determined in accordance with the law. The user agrees that the information provided by them during registration and use of the application may be used by the rights holder to select and subsequently display (show) relevant advertising offers to users.
5. Use of Cookies
5.1. During the use of the application, information about the use of the application is automatically collected: viewed pages or content, searches, date and time of access, information about hardware and software, information about devices used to access the application.
5.2. The use of cookies, which are collected anonymously, is carried out to collect statistical information used for more convenient use of Biobetter, safe information search in the application, easier form filling, improved user experience, monitoring the use of services online, etc.
6. Liability
6.1. Users agree that they use the application voluntarily and at their own risk.
6.2. No joint activity, employment relationship, lease (rent) relationship, or other relationship not expressly provided by this Agreement arises between the rights holder and the users.
6.3. The rights holder is not a party to agreements concluded with the assistance of the application between users and laboratories, clinics, etc. The rights holder bears no responsibility:
● for the accuracy/inaccuracy of the test results performed on the user by the clinic (laboratory) as a result of booking these tests;
● for the impossibility of undergoing tests on the day of booking, refusal of the clinic (laboratory) to accept the user for the tests;
● for the user's inability to use the application due to technical difficulties that arose through no fault of the rights holder (lack of power supply, lack of internet connection, poor internet quality, etc.);
● for technical interruptions, errors in the application due to the lack of internet connection;
● for data loss and/or other
damage caused by other software installed by the user independently on the device used for the application;
● for data loss due to incorrect use of the application by the user;
● for providing third parties access to their identification data (login, password, etc.) and for data loss caused by third parties accessing the user's login, password, etc.;
● in other cases where there is no fault of the rights holder.
6.4. The user is responsible for updating their personal information (in case of changes).
6.5. It is presumed that all actions performed in the application are performed by the user as the owner of the relevant profile. The user independently monitors the use of the application and takes measures to prevent third parties from accessing it.
6.6. Personal data of users is processed by the rights holder exclusively within the framework of the requirements of the Law of Ukraine "On the Protection of Personal Data". Third-party access to personal data is granted by the rights holder only in cases directly provided by the current legislation of Ukraine. By using the application, the user consents to the access, processing, dissemination, and use of personal data (information) specified in this Agreement and in the Privacy Policy.
6.7. All information collected by the application is protected by technical means and security procedures to prevent unauthorized access or use of the data.
6.8. All information collected by the application from users may be protected as a trade secret in accordance with the law.
6.9. The application ensures the secrecy and confidentiality of user information.
6.10. The user has the right to request the deletion of their personal data by the rights holder in the cases provided by this Agreement and the law. The rights holder must delete the data upon the user's request without any unreasonable delay.
The rights holder must delete the user's personal data without any unreasonable delay in the event of one of the following grounds:
● the personal data are no longer needed for the purposes for which they were collected or otherwise processed;
● the user withdraws consent to the processing of their personal data, and there is no other legal basis for processing these personal data;
● the user objects to the processing of their personal data on the grounds provided by law;
● the user's personal data were processed unlawfully;
● the personal data must be deleted to comply with a legal obligation to which the rights holder is subject;
● other grounds provided by law.
If the rights holder has made the user's personal data public but subsequently must delete these personal data for the reasons stated in this clause, the rights holder, considering the available technology and the cost of implementation, must take appropriate measures, including technical measures, to inform third parties processing the users' personal data that the user has requested the deletion of such personal data by the rights holder and third parties of any links to such personal data, their copies or reproduction.
The rights holder has the right not to delete all or part of the user's personal data in cases provided by law, including but not limited to:
● to exercise the right to freedom of expression and information;
● to comply with a legal obligation requiring the processing of personal data according to the law applicable to the rights holder or to perform a task carried out in the public interest or in the exercise of official authority vested in the rights holder by law;
● on grounds of public interest in the area of public health according to the law;
● to achieve purposes of public interest, scientific, historical research or statistical purposes, for tax and accounting purposes, and for keeping records of business activity results according to the law;
● for the establishment or defense of legal claims, for the preparation of the relevant procedural documents.
7. Other Terms
7.1. The rights holder may amend this Agreement and/or issue a new version at any time without prior notice to the Users.
7.2. The new version of the Agreement (or its amendment) comes into force from the moment it is posted on the website https://biobetter.io/.
7.3. The rights holder is not responsible for not notifying Users about changes.
7.4. If the User continues to use the application after changes to this Agreement, such actions are considered confirmation of the User's familiarity with the new version of the Agreement (amended terms).
7.5. Entering an email address or other contact means into Biobetter grants the rights holder the right to send informational messages to the user, send them notifications to the email, messages to messengers, etc. This can be done for informational purposes, as well as for registration, authorization, confirmation of certain actions in the Biobetter application.
7.6. All disputes regarding the use of the application are resolved through negotiations between the Parties, and if no agreement is reached – in court.
7.7. Relations between the rights holder and the user not regulated by this Agreement are governed by the current legislation of Ukraine.
ABOUT US
We are Biobetter, a registered entity in Ukraine under the sole proprietorship of Marina Valentynivna Malynovska, TIN: 3256019344 ("Biobetter", "we", "us"). Our registered office address is: Kyiv, Rusanivsky Boulevard, 6.
CONTACT US
If you have any questions, you can contact our customer support by sending an email to hello@biobetter.io.
This Agreement constitutes a public offer and an adhesion contract, where its terms are presented in a standard and unchangeable form for all users. By using the application in any way, users acknowledge that they have read, understood, and agree to all the terms of this Agreement. Using Biobetter signifies unconditional acceptance of this Agreement.
Users cannot propose their terms for this Agreement.
The relationships between users and the rights holder are governed by Article 633 of the Civil Code of Ukraine (regarding public contracts) and Article 634 of the Civil Code of Ukraine regarding adhesion contracts, as well as other legislative provisions provided by the current legislation of Ukraine regulating the relations of the parties.
As a user, YOU AGREE that by downloading and USING the Biobetter service, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS AND CONDITIONS, AND AGREE TO COMPLY WITH THEM, and that at the time of downloading the application and starting to use it, you are at least 18 years old.
1. Definitions.
1.1. Biobetter is a service that offers personalized recommendations based on the needs of the client and the results of questionnaires and surveys.
The Biobetter application is a web application, a set of instructions in the form of words, numbers, codes, diagrams, symbols, or in any other form, expressed in a form readable to bring it into action to achieve the specified goal and/or result stated in this Agreement.
1.2. License Agreement (Agreement, this Agreement) is a permission granted by the rights holder to users to use the software (Biobetter application) subject to the conditions defined by the rights holder.
1.3. User is a natural person with full legal capacity who legitimately uses Biobetter (not for profit), having created an appropriate profile in the application. As a general rule, a user is an adult person who is at least 18 years old.
1.4. Profile is a set of information about the user and authorization data (surname, name, date of birth, gender, email) entered by the user into Biobetter during registration and throughout the use of the application.
An adult person can create their own profile.
2. General Conditions for Using Biobetter
2.1. Only users who have accepted all the terms of this Agreement may use Biobetter.
2.2. For the use of certain services and functionalities of the application, the user may be required to consent to such use under other agreements and contracts, of which users will be necessarily informed, with the opportunity to familiarize themselves with the content of such documents and decide on further use or refusal of specific services and functionalities of the application.
2.3. Before starting to use Biobetter, the user must read the Agreement and accept its terms. It is presumed that by accepting the terms of this Agreement, the user is familiar with its content, the provisions of this Agreement are clear to the user, and they are obliged to comply with them. A user who does not agree with this Agreement has no right to use the application.
2.4. The rights holder guarantees:
● uninterrupted operation of the application;
● error-free operation of the application.
In the event of technical failures in the operation of the application, the rights holder will take measures to eliminate them.
2.5. The user has no right to modify the application. In case of making modifications to the application by the user, the rights holder is not responsible for the correct operation of the application, and the user is responsible for violating intellectual property law requirements according to the law.
2.6. The user can register in Biobetter by creating a personal profile, which may include information about the user.
2.7. Registration in Biobetter is possible only if the user consents to the processing of their personal data (or the personal data of the person whose legal representative they are).
2.8. Intellectual property rights to the application software belong to the rights holder. The use of the application software by other persons without the rights holder's consent is prohibited, including for commercial purposes.
2.9. Intellectual property rights to the application name (Biobetter) belong to the rights holder. The use of the Biobetter brand by other persons without the rights holder's consent is prohibited.
2.10. Users and other persons are prohibited from using the content and/or name of the application in any way (including, but not limited to, advertising, translation, linking, etc.) and for any purpose without the rights holder's consent.
2.11. Use of the application by the user is only possible after registration and creation of a personal profile. The user logs into the application by entering a password, which the user sets independently. The password may not need to be re-entered if the break in the use of the application is less than one minute.
2.12. No legal relations arise between the rights holder and users other than those related to the use of the application according to the rules provided by this Agreement.
3. Features of Biobetter
3.1. The Biobetter web application provides the user with the ability to:
● receive a personalized list of necessary examinations needed to start working on lifestyle optimization;
● upload examination results into the application;
● pay for services from the selected user tariff plan with Biobetter;
● interpret examination results using mathematical algorithms;
● automatically translate test results into English;
● store the history of all user test results;
● compare test results over time;
● book a consultation with a specialist if the user has selected a service package that includes this option;
● receive lifestyle recommendations from a specialist to achieve cooperation goals;
● track the progress of daily appointments within the application in the "My Day" section.
3.2. All data received by the rights holder through the use of the application by users is stored using cloud services or in another way that can guarantee the confidentiality of this data.
4. User Rights and Obligations
4.1. By accepting the terms of the License Agreement, the User agrees to:
● provide Biobetter with complete, accurate, and true information regarding the data required during registration and profile creation;
● take all possible measures to keep the password for logging into Biobetter confidential. Such measures include: not disclosing the password to third parties, logging into Biobetter only through secure devices, etc.
4.2. During registration, the user enters the following data into Biobetter:
● surname, name;
● date of birth;
● gender;
● city of residence;
● email.
4.3. Users can update their information through their profile settings.
4.4. Registration of users (profile creation) is a mandatory condition for the user to use all services offered by the application.
4.5. Users are responsible for maintaining the confidentiality and security of their personal data provided to Biobetter.
4.6. Each user can create only one profile.
4.7. The created profile is provided to the user for an unlimited period (as long as the user uses the application; as long as the rights holder supports the application).
4.8. The user has the right to delete their profile unilaterally, without prior notice to the rights holder.
4.9. The rights holder has the right to terminate the service of the Biobetter application at any time at their discretion, notifying users at least 14 days in advance. The user bears the risk of losing unsaved data (test results).
4.10. The user agrees that any services provided by the application may include the placement of advertisements. The types of advertisements are determined in accordance with the law. The user agrees that the information provided by them during registration and use of the application may be used by the rights holder to select and subsequently display (show) relevant advertising offers to users.
5. Use of Cookies
5.1. During the use of the application, information about the use of the application is automatically collected: viewed pages or content, searches, date and time of access, information about hardware and software, information about devices used to access the application.
5.2. The use of cookies, which are collected anonymously, is carried out to collect statistical information used for more convenient use of Biobetter, safe information search in the application, easier form filling, improved user experience, monitoring the use of services online, etc.
6. Liability
6.1. Users agree that they use the application voluntarily and at their own risk.
6.2. No joint activity, employment relationship, lease (rent) relationship, or other relationship not expressly provided by this Agreement arises between the rights holder and the users.
6.3. The rights holder is not a party to agreements concluded with the assistance of the application between users and laboratories, clinics, etc. The rights holder bears no responsibility:
● for the accuracy/inaccuracy of the test results performed on the user by the clinic (laboratory) as a result of booking these tests;
● for the impossibility of undergoing tests on the day of booking, refusal of the clinic (laboratory) to accept the user for the tests;
● for the user's inability to use the application due to technical difficulties that arose through no fault of the rights holder (lack of power supply, lack of internet connection, poor internet quality, etc.);
● for technical interruptions, errors in the application due to the lack of internet connection;
● for data loss and/or other
damage caused by other software installed by the user independently on the device used for the application;
● for data loss due to incorrect use of the application by the user;
● for providing third parties access to their identification data (login, password, etc.) and for data loss caused by third parties accessing the user's login, password, etc.;
● in other cases where there is no fault of the rights holder.
6.4. The user is responsible for updating their personal information (in case of changes).
6.5. It is presumed that all actions performed in the application are performed by the user as the owner of the relevant profile. The user independently monitors the use of the application and takes measures to prevent third parties from accessing it.
6.6. Personal data of users is processed by the rights holder exclusively within the framework of the requirements of the Law of Ukraine "On the Protection of Personal Data". Third-party access to personal data is granted by the rights holder only in cases directly provided by the current legislation of Ukraine. By using the application, the user consents to the access, processing, dissemination, and use of personal data (information) specified in this Agreement and in the Privacy Policy.
6.7. All information collected by the application is protected by technical means and security procedures to prevent unauthorized access or use of the data.
6.8. All information collected by the application from users may be protected as a trade secret in accordance with the law.
6.9. The application ensures the secrecy and confidentiality of user information.
6.10. The user has the right to request the deletion of their personal data by the rights holder in the cases provided by this Agreement and the law. The rights holder must delete the data upon the user's request without any unreasonable delay.
The rights holder must delete the user's personal data without any unreasonable delay in the event of one of the following grounds:
● the personal data are no longer needed for the purposes for which they were collected or otherwise processed;
● the user withdraws consent to the processing of their personal data, and there is no other legal basis for processing these personal data;
● the user objects to the processing of their personal data on the grounds provided by law;
● the user's personal data were processed unlawfully;
● the personal data must be deleted to comply with a legal obligation to which the rights holder is subject;
● other grounds provided by law.
If the rights holder has made the user's personal data public but subsequently must delete these personal data for the reasons stated in this clause, the rights holder, considering the available technology and the cost of implementation, must take appropriate measures, including technical measures, to inform third parties processing the users' personal data that the user has requested the deletion of such personal data by the rights holder and third parties of any links to such personal data, their copies or reproduction.
The rights holder has the right not to delete all or part of the user's personal data in cases provided by law, including but not limited to:
● to exercise the right to freedom of expression and information;
● to comply with a legal obligation requiring the processing of personal data according to the law applicable to the rights holder or to perform a task carried out in the public interest or in the exercise of official authority vested in the rights holder by law;
● on grounds of public interest in the area of public health according to the law;
● to achieve purposes of public interest, scientific, historical research or statistical purposes, for tax and accounting purposes, and for keeping records of business activity results according to the law;
● for the establishment or defense of legal claims, for the preparation of the relevant procedural documents.
7. Other Terms
7.1. The rights holder may amend this Agreement and/or issue a new version at any time without prior notice to the Users.
7.2. The new version of the Agreement (or its amendment) comes into force from the moment it is posted on the website https://biobetter.io/.
7.3. The rights holder is not responsible for not notifying Users about changes.
7.4. If the User continues to use the application after changes to this Agreement, such actions are considered confirmation of the User's familiarity with the new version of the Agreement (amended terms).
7.5. Entering an email address or other contact means into Biobetter grants the rights holder the right to send informational messages to the user, send them notifications to the email, messages to messengers, etc. This can be done for informational purposes, as well as for registration, authorization, confirmation of certain actions in the Biobetter application.
7.6. All disputes regarding the use of the application are resolved through negotiations between the Parties, and if no agreement is reached – in court.
7.7. Relations between the rights holder and the user not regulated by this Agreement are governed by the current legislation of Ukraine.
ABOUT US
We are Biobetter, a registered entity in Ukraine under the sole proprietorship of Marina Valentynivna Malynovska, TIN: 3256019344 ("Biobetter", "we", "us"). Our registered office address is: Kyiv, Rusanivsky Boulevard, 6.
CONTACT US
If you have any questions, you can contact our customer support by sending an email to hello@biobetter.io.
This Agreement constitutes a public offer and an adhesion contract, where its terms are presented in a standard and unchangeable form for all users. By using the application in any way, users acknowledge that they have read, understood, and agree to all the terms of this Agreement. Using Biobetter signifies unconditional acceptance of this Agreement.
Users cannot propose their terms for this Agreement.
The relationships between users and the rights holder are governed by Article 633 of the Civil Code of Ukraine (regarding public contracts) and Article 634 of the Civil Code of Ukraine regarding adhesion contracts, as well as other legislative provisions provided by the current legislation of Ukraine regulating the relations of the parties.
As a user, YOU AGREE that by downloading and USING the Biobetter service, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS AND CONDITIONS, AND AGREE TO COMPLY WITH THEM, and that at the time of downloading the application and starting to use it, you are at least 18 years old.
1. Definitions.
1.1. Biobetter is a service that offers personalized recommendations based on the needs of the client and the results of questionnaires and surveys.
The Biobetter application is a web application, a set of instructions in the form of words, numbers, codes, diagrams, symbols, or in any other form, expressed in a form readable to bring it into action to achieve the specified goal and/or result stated in this Agreement.
1.2. License Agreement (Agreement, this Agreement) is a permission granted by the rights holder to users to use the software (Biobetter application) subject to the conditions defined by the rights holder.
1.3. User is a natural person with full legal capacity who legitimately uses Biobetter (not for profit), having created an appropriate profile in the application. As a general rule, a user is an adult person who is at least 18 years old.
1.4. Profile is a set of information about the user and authorization data (surname, name, date of birth, gender, email) entered by the user into Biobetter during registration and throughout the use of the application.
An adult person can create their own profile.
2. General Conditions for Using Biobetter
2.1. Only users who have accepted all the terms of this Agreement may use Biobetter.
2.2. For the use of certain services and functionalities of the application, the user may be required to consent to such use under other agreements and contracts, of which users will be necessarily informed, with the opportunity to familiarize themselves with the content of such documents and decide on further use or refusal of specific services and functionalities of the application.
2.3. Before starting to use Biobetter, the user must read the Agreement and accept its terms. It is presumed that by accepting the terms of this Agreement, the user is familiar with its content, the provisions of this Agreement are clear to the user, and they are obliged to comply with them. A user who does not agree with this Agreement has no right to use the application.
2.4. The rights holder guarantees:
● uninterrupted operation of the application;
● error-free operation of the application.
In the event of technical failures in the operation of the application, the rights holder will take measures to eliminate them.
2.5. The user has no right to modify the application. In case of making modifications to the application by the user, the rights holder is not responsible for the correct operation of the application, and the user is responsible for violating intellectual property law requirements according to the law.
2.6. The user can register in Biobetter by creating a personal profile, which may include information about the user.
2.7. Registration in Biobetter is possible only if the user consents to the processing of their personal data (or the personal data of the person whose legal representative they are).
2.8. Intellectual property rights to the application software belong to the rights holder. The use of the application software by other persons without the rights holder's consent is prohibited, including for commercial purposes.
2.9. Intellectual property rights to the application name (Biobetter) belong to the rights holder. The use of the Biobetter brand by other persons without the rights holder's consent is prohibited.
2.10. Users and other persons are prohibited from using the content and/or name of the application in any way (including, but not limited to, advertising, translation, linking, etc.) and for any purpose without the rights holder's consent.
2.11. Use of the application by the user is only possible after registration and creation of a personal profile. The user logs into the application by entering a password, which the user sets independently. The password may not need to be re-entered if the break in the use of the application is less than one minute.
2.12. No legal relations arise between the rights holder and users other than those related to the use of the application according to the rules provided by this Agreement.
3. Features of Biobetter
3.1. The Biobetter web application provides the user with the ability to:
● receive a personalized list of necessary examinations needed to start working on lifestyle optimization;
● upload examination results into the application;
● pay for services from the selected user tariff plan with Biobetter;
● interpret examination results using mathematical algorithms;
● automatically translate test results into English;
● store the history of all user test results;
● compare test results over time;
● book a consultation with a specialist if the user has selected a service package that includes this option;
● receive lifestyle recommendations from a specialist to achieve cooperation goals;
● track the progress of daily appointments within the application in the "My Day" section.
3.2. All data received by the rights holder through the use of the application by users is stored using cloud services or in another way that can guarantee the confidentiality of this data.
4. User Rights and Obligations
4.1. By accepting the terms of the License Agreement, the User agrees to:
● provide Biobetter with complete, accurate, and true information regarding the data required during registration and profile creation;
● take all possible measures to keep the password for logging into Biobetter confidential. Such measures include: not disclosing the password to third parties, logging into Biobetter only through secure devices, etc.
4.2. During registration, the user enters the following data into Biobetter:
● surname, name;
● date of birth;
● gender;
● city of residence;
● email.
4.3. Users can update their information through their profile settings.
4.4. Registration of users (profile creation) is a mandatory condition for the user to use all services offered by the application.
4.5. Users are responsible for maintaining the confidentiality and security of their personal data provided to Biobetter.
4.6. Each user can create only one profile.
4.7. The created profile is provided to the user for an unlimited period (as long as the user uses the application; as long as the rights holder supports the application).
4.8. The user has the right to delete their profile unilaterally, without prior notice to the rights holder.
4.9. The rights holder has the right to terminate the service of the Biobetter application at any time at their discretion, notifying users at least 14 days in advance. The user bears the risk of losing unsaved data (test results).
4.10. The user agrees that any services provided by the application may include the placement of advertisements. The types of advertisements are determined in accordance with the law. The user agrees that the information provided by them during registration and use of the application may be used by the rights holder to select and subsequently display (show) relevant advertising offers to users.
5. Use of Cookies
5.1. During the use of the application, information about the use of the application is automatically collected: viewed pages or content, searches, date and time of access, information about hardware and software, information about devices used to access the application.
5.2. The use of cookies, which are collected anonymously, is carried out to collect statistical information used for more convenient use of Biobetter, safe information search in the application, easier form filling, improved user experience, monitoring the use of services online, etc.
6. Liability
6.1. Users agree that they use the application voluntarily and at their own risk.
6.2. No joint activity, employment relationship, lease (rent) relationship, or other relationship not expressly provided by this Agreement arises between the rights holder and the users.
6.3. The rights holder is not a party to agreements concluded with the assistance of the application between users and laboratories, clinics, etc. The rights holder bears no responsibility:
● for the accuracy/inaccuracy of the test results performed on the user by the clinic (laboratory) as a result of booking these tests;
● for the impossibility of undergoing tests on the day of booking, refusal of the clinic (laboratory) to accept the user for the tests;
● for the user's inability to use the application due to technical difficulties that arose through no fault of the rights holder (lack of power supply, lack of internet connection, poor internet quality, etc.);
● for technical interruptions, errors in the application due to the lack of internet connection;
● for data loss and/or other
damage caused by other software installed by the user independently on the device used for the application;
● for data loss due to incorrect use of the application by the user;
● for providing third parties access to their identification data (login, password, etc.) and for data loss caused by third parties accessing the user's login, password, etc.;
● in other cases where there is no fault of the rights holder.
6.4. The user is responsible for updating their personal information (in case of changes).
6.5. It is presumed that all actions performed in the application are performed by the user as the owner of the relevant profile. The user independently monitors the use of the application and takes measures to prevent third parties from accessing it.
6.6. Personal data of users is processed by the rights holder exclusively within the framework of the requirements of the Law of Ukraine "On the Protection of Personal Data". Third-party access to personal data is granted by the rights holder only in cases directly provided by the current legislation of Ukraine. By using the application, the user consents to the access, processing, dissemination, and use of personal data (information) specified in this Agreement and in the Privacy Policy.
6.7. All information collected by the application is protected by technical means and security procedures to prevent unauthorized access or use of the data.
6.8. All information collected by the application from users may be protected as a trade secret in accordance with the law.
6.9. The application ensures the secrecy and confidentiality of user information.
6.10. The user has the right to request the deletion of their personal data by the rights holder in the cases provided by this Agreement and the law. The rights holder must delete the data upon the user's request without any unreasonable delay.
The rights holder must delete the user's personal data without any unreasonable delay in the event of one of the following grounds:
● the personal data are no longer needed for the purposes for which they were collected or otherwise processed;
● the user withdraws consent to the processing of their personal data, and there is no other legal basis for processing these personal data;
● the user objects to the processing of their personal data on the grounds provided by law;
● the user's personal data were processed unlawfully;
● the personal data must be deleted to comply with a legal obligation to which the rights holder is subject;
● other grounds provided by law.
If the rights holder has made the user's personal data public but subsequently must delete these personal data for the reasons stated in this clause, the rights holder, considering the available technology and the cost of implementation, must take appropriate measures, including technical measures, to inform third parties processing the users' personal data that the user has requested the deletion of such personal data by the rights holder and third parties of any links to such personal data, their copies or reproduction.
The rights holder has the right not to delete all or part of the user's personal data in cases provided by law, including but not limited to:
● to exercise the right to freedom of expression and information;
● to comply with a legal obligation requiring the processing of personal data according to the law applicable to the rights holder or to perform a task carried out in the public interest or in the exercise of official authority vested in the rights holder by law;
● on grounds of public interest in the area of public health according to the law;
● to achieve purposes of public interest, scientific, historical research or statistical purposes, for tax and accounting purposes, and for keeping records of business activity results according to the law;
● for the establishment or defense of legal claims, for the preparation of the relevant procedural documents.
7. Other Terms
7.1. The rights holder may amend this Agreement and/or issue a new version at any time without prior notice to the Users.
7.2. The new version of the Agreement (or its amendment) comes into force from the moment it is posted on the website https://biobetter.io/.
7.3. The rights holder is not responsible for not notifying Users about changes.
7.4. If the User continues to use the application after changes to this Agreement, such actions are considered confirmation of the User's familiarity with the new version of the Agreement (amended terms).
7.5. Entering an email address or other contact means into Biobetter grants the rights holder the right to send informational messages to the user, send them notifications to the email, messages to messengers, etc. This can be done for informational purposes, as well as for registration, authorization, confirmation of certain actions in the Biobetter application.
7.6. All disputes regarding the use of the application are resolved through negotiations between the Parties, and if no agreement is reached – in court.
7.7. Relations between the rights holder and the user not regulated by this Agreement are governed by the current legislation of Ukraine.