These are the terms and conditions of service that govern your use of the Jeevn health and performance programme (“Jeevn”) accessed through www.jeevn.com (“Site”), and your membership, and our provision, of products and services through Jeevn (“Terms”). Read these Terms carefully before you start using Jeevn. We will rely on these Terms when dealing with you. YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE JEEVN.
We are Hypgage Ltd, a company incorporated in the UK with company number 14574077. We will refer to ourselves throughout these Terms as “Jeevn”, “Company”, “we” or “us”.
Our registered office is at 124 City Road, London, EC1V 2NX, United Kingdom.
You can contact us by writing to us at info@jeevn.com.
If we have to contact you, we will do so by email by writing to you at the email address or postal address you provided to us in your membership confirmation.
Please read the Terms carefully. These Terms are a legally binding contract between you and Jeevn. Access to and use of Jeevn's products and services is expressly conditioned upon acceptance of these Terms. If you do not agree to these Terms, you will not be able to access Jeevn or its products or services.
By creating an account or accessing or using the Jeevn mobile application (“App”), you acknowledge that you accept and agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
In addition to these Terms, the Jeevn Privacy Policy (INSERT LINK TO PRIVACY POLICY) applies and forms part of your contract with us (“Privacy Policy”).
By accepting these Terms, you affirm that you: (a) have read these Terms and agree to abide by them and the other terms incorporated into these Terms by reference; (b) have reviewed and consent to the Privacy Policy; and (c) agree not to use the respective products, services, features or content for any other purposes as described in these Terms.
We may change these Terms from time to time. We suggest you check these Terms before you submit an order for a Jeevn membership.. The version of the Terms that applies to any purchase made of a Jeevn membership is the version as at the date of purchase. References to the Terms refer to the updated Terms in place from time to time.
These Terms apply to all use of the Jeevn App, the Jeevn website (www.jeevn.com) (“Website”), and all related products, services, features and content offered by Jeevn.
You must be at least 18 years of age to use the App and access Jeevn.
We do not knowingly collect personal information from anyone under the age of 18.
We do not allow people to use the App and access Jeevn if they are younger than 18.
If you are aware of anyone that does not comply with these limitations, please contact us at info@jeevn.com immediately, and we will take the necessary steps to delete or terminate their account.
The Company is not a licensed medical care provider and the App is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition. Please consult with a licensed physician or other qualified healthcare provider before making any decisions or taking any actions that may affect your health and safety. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the App. Always consult with your healthcare professional if you have any questions or concerns about your health or condition or experience any changes in your condition or health status. If you think you have a medical emergency, call emergency services or go to the nearest open emergency room immediately.
We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in the provided materials.
To use the App, you will be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, birth date, e-mail address, physical address and phone number.
All information provided during Account creation must be accurate. You will update that information promptly after it changes.
This information will be held and used in accordance with our Privacy Policy.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@jeevn.com.
You are responsible for configuring your information technology, mobile devices, computer programmes and platform to access our App. You should use your own virus protection software.
Any content you submit through the App is governed by the Company's Privacy Policy. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company is not responsible for the consequences of any communications in the public areas. If you think you may have a medical emergency, call your doctor or emergency services immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, national, and international laws and regulations and any applicable regulatory codes.
You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
modify, reverse engineer, decompile or disassemble the App;
copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of the Company;
permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
use or access the App to compile data in a manner that is used or usable by a competitive product or service;
use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
use your Account to engage in any illegal conduct;
upload or transmit any communications that infringe or violate the rights of any party;
upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms, and the Company’s Privacy Policy;
upload any material that contains software viruses or any other computer code, files or programs that is malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software, website or the App;
use data, content, or features from the App and the website to diagnose, treat, or mitigate any health conditions.
Any such forbidden use shall immediately terminate your licence to use the App. Jeevn is granting you permission to use the App, but with the condition that you use it in accordance with the Agreement. If you violate these Terms by engaging in a forbidden use, the permission granted you to use the App will be revoked, and you will no longer be authorized to use it.
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive licence to access and use the App for personal and non-commercial purposes in accordance with these Terms.. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, licence, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App without prior express written permission from the Company which may be withheld for any or no reason. You further agree not to download, display or use any content on the App that is provided by the Company or its licensors located on the App for use in any publications, in public performances, on websites other than the App for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensor's property, or that otherwise infringes the Company or its licensors’ intellectual property rights. You further agree to in no other way misuse any content published by the Company or third-party content that appears on the App.
All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to info@jeevn.com.
To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content (as defined below), and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company's Content are retained by us.
The App enables you to input personal notes, post or upload content, submit content and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share, or log in the App.
The Company reserves the right to review all User Content prior to submission to the App and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.
Our goal is to help make certain health-related information more readily available and useful to you. However, the App cannot and does not guarantee health-related improvements or outcomes. The content we provide is not intended to serve as clinical or medical advice, diagnosis or treatment on which you should rely and should not be used as such.
Your use of the App and any information, predictions, or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
Whilst we provide recommendations through the App, if you are in any doubt about the recommendations received, or if you have any medical conditions, then you should seek specialist advice before taking or refraining from any action based on information you have learned through the App. We are not responsible for any actions or lack of action you take based on the information you have learned through the App.
We may end your membership at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products and/or services.
Ordering the products and/or services. You place an order for the products and/or services when you press the “Place Order” button.
We reserve the right to accept or reject orders for any reason. The price of the products and/or services is that which is indicated when you made your purchase. If we accept your order, we will send you an acceptance email, at which point a contract will exist between us under the Terms set out on this page.
Once you have purchased the products and/or services, you will need to create an account and may be asked to complete an initial questionnaire to check your eligibility; start the collection of information and arrange for us to send the various diagnostic equipment to you.
Fees and charges. Payment for membership is by subscription, starting when your membership starts and then payable monthly.
We may change the membership fee for a subsequent period of membership by giving you at least 30 days' notice of that change.
Billing. You may purchase the subscription on a recurring basis disclosed to you prior to your purchase directly from Jeevn or with an upfront payment for the period you have committed to.
Tax rates or other fees are based on the rates applicable at the time of your monthly charge or upfront payment. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Promotional offers. From time to time you may have the opportunity to apply a discount to a subscription in the form of a promotional offer. Promotional offers may be for new users only and/or not be valid for all users and are only available for a limited time. Other restrictions may apply. After the promotional period, the subscription automatically continues at the then-current regular price (subject to change), unless canceled, plus applicable taxes.
Returns and Refunds
All fees and charges assessed by Jeevn are non-refundable. If you terminate your subscription for the Jeevn programme, your subscription will remain active until the end of the month for which you have paid.
While you may cancel your subscription at any time, no refunds or credits will be given but you may continue to use the services included in your membership until the end of the month for which you have paid. In exceptional circumstances, for example if you submit an order but are then told by your physician that you should not participate, Jeevn may, in its absolute discretion, refund some or all of the fees you have paid. Any requests for a refund should be made to info@jeevn.com.
If a diagnostic kit or a health testing device, or any of its contents necessary for testing is damaged or defective when you received it, Jeevn will, on request, ship a replacement test kit or the damaged item free of charge provided that you have not already submitted samples using the original test kit; the test kit has not expired and subject to the availability of a replacement test kit, unless the damage or defect was your fault (for example, because you gave an incorrect address).
Free Access
Access to the Jeevn app, for example for you to be able to read your results, is only offered while you are waiting for your results and during your membership. However, while it is developing its services, Jeevn may permit you to continue to use the app or maintain your account after your membership expires. If Jeevn does so, it does so without any commitment to you and it may terminate your access at any time.
You are responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to your App passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorise, monitor, and control access to and use of your App account and password; (3) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at info@jeevn.com.
You grant the Company and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App. You further acknowledge and agree that the App and account are designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received arising from the using the App, and shall not be responsible for any losses arising out of the unauthorised use of your account or information resulting from you not following these rules.
The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.
THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE APP, INCLUDING IN SECRET CHATS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. SOME STATES, COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of liability
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS APP. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, OR ANY THIRD PARTIES MENTIONED ON THE APP SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP. THE LAWS OF SOME STATES / COUNTRIES IMPOSE RESTRICTIONS ON LIMITING LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Please note that your carrier'ss normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
The App may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, the Company is not responsible for the privacy practices of such Third Party Services and does not assume any liability associated with such Third Party Services. Your linking to or use of any Third Party Services other than the App is at your own risk. The Company's inclusion of links to Third Party Services does not imply any endorsement of any kind by the Company of the material located on or linked to by such Third Party Services and should not be deemed as such by any user of the App. The Company disclaims any responsibility for the products or services offered or the information contained on any Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
You shall not link to our websites, app, content or services in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicise such contents at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate.
We are not obligated to monitor access or use of the App. However, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable any content posted to the App or access to the App at any time, in each case without notice and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement.
We may refuse service, close Accounts, and change eligibility requirements at any time.
The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.
From time to time, it may become necessary to change, expand, upgrade and improve the App to ensure it is functioning properly. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App.
Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
We may indefinitely suspend, or discontinue online access to content associated with Jeevn at any time, including for service deprecations, maintenance services, or upgrades, without prior notice or liability. We may also discontinue offering certain content or features. For any content or features that use online servers, we make no commitment to continue to make those servers available.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of this Agreement.
To the fullest extent permitted pursuant to applicable law, this Agreement shall be governed by the English law.
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorised representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
We may transfer our rights and obligations under these terms to another organisation.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service and/or Products, we can still require you to make the payment at a later date.
We may modify these Terms from time to time if we think it is necessary (e.g. for legal reasons or to reflect changes in the App, website). If we materially change the Terms, we will make the updated Terms available online and make reasonable efforts to tell you about it (e.g. by sending you a notice).
If you have any comments or questions on any part of the App or any part of these Terms, require support, or have any claims, please contact us at info@jeevn.com.
When you contact us, we expect our staff to be polite and respectful. We expect the same of you. If you are rude to or abuse or threaten our staff we may restrict you to contacting us by email or refuse to support you any further. If your behaviour suggests a risk to our staff, our community or our business we may suspend your account and escalate the matter to law enforcement.