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Terms of use

Terms of Use

 

INTRODUCTION

These Terms are the Terms of Use (hereinafter referred to as Terms) for the website of AVI HSERVICE S.L. Address: CALLE PETUNIA, EDIF. GIGANSOL DEL MAR, NUM 3 PUERTA 124 38683 SANTIAGO DEL TEIDE – (S.C. TENERIFE) NIF Provisional B13919873 (hereinafter referred to as Avi Health ). By accessing and using this website, you agree to these Terms. For an explanation of the practices and policies of Avi Health regarding the collection, use and storage of our users’ personal information, please see our Privacy Policy.

  1. GENERAL PROVISIONS 

1.1. The Terms apply through the website https://avi-health.com/ as well as the application, which can be found at https://apps.apple.com/il/app/avi-health/id1539652550 and https://play.google.com/store/apps/details?id=com.avihealthyls (hereinafter referred to as Avi Health website and App and/or App). The Avi Health website and App is a website and a mobile application (the App) that provides free or/and paid health advisory services, i.e. tracking the user’s physical activity, allowing a balanced diet, monitoring mood.

1.2. The Avi Health website and App is administered by Avi Health. 

1.3. Avi Health has the right to add new clauses to the Terms, to amend the Terms or to remove clauses from the Terms. Amendments to the Terms shall take effect from the date of publication unless otherwise stated in the amendment to the Terms.

1.4. The Terms are freely and without charge available on the Avi Health website and App.

1.5. The Rules are protected by intellectual property rights, international intellectual property rights, treaties and agreements. Avi Health is the owner of all rights in the content of the Avi Health website and App, including copyright, intellectual property rights, trademarks.

  1. AVI HEALTH RIGHTS AND OBLIGATIONS

2.1. Avi Health uses its best endeavours to ensure the proper functioning of the Avi Health website and App and to keep the Avi Health website and App up and running.

2.2. Avi Health reserves all rights to change the Avi Health website and App, its features, the services provided, the name of the Avi Health website and App and/or the Internet domain where the Avi Health website and App can be accessed, any content of the Avi Health website and Ap p or any part thereof, at any time and without specific notice to the User. The User understands and agrees that the Company will not be held liable for any negative consequences caused to the User by such and other similar actions.

2.3. Avi Health shall have the right, without separate notice to the User, to engage third parties to carry out any activities related to these Terms and to assign to third parties its rights and obligations arising under these Terms or any part thereof.

2.4. Avi Health has the right to terminate the Avi Health website and App at any time without notice.

2.5. Avi Health reserves the right at any time without notice to discontinue or restrict

User’s access to the Avi Health website and App if:

2.5.1. it is necessary in the cases provided for by the laws of the Kingdom of Spain, the European Union and other legislation, or to comply with the requirements of a competent authority;

2.5.2. it is necessary to protect the rights and legitimate interests of Avi Health or third parties;

2.5.3. it is necessary because the User, by using the Services, has created or may create a risk to the safety of other users of the Avi Health website and App;

2.5.4. it is necessary because Avi Health wishes and/or needs to carry out technical operations, updating of the Avi Health website and App;

2.5.5. by using the Avi Health website and App, the User damages the Avi Health website and App and/or the reputation of the Site.

  1. USER RIGHTS AND OBLIGATIONS

3.1. By using the Avi Health website and App, the User undertakes to comply with and not to violate the requirements of law and the rights and legitimate interests of third parties, including laws governing the protection of intellectual property, the protection of personal data and others.

3.2. The User may not use the Avi Health website and App in a manner that could jeopardise the proper functioning of the services provided by the Company, the security of the Avi Health website and App servers, data security or limit the Avi Health website and App ability to properly provide any services to other persons. Not to use malware or other unwanted content.

3.3. The User undertakes to provide correct and sufficient information about himself when making purchases or registering for loyalty programmes, including his real name, telephone number, e-mail address and other necessary information.

3.4. The User must store the login data in such a way that it is not accessible to third parties, except for persons authorised by the User to represent the User for the use of the Avi Health website and App. Notify ozerov@avi-health.com immediately if the User’s login data and/or password required to use the Avi Health website and App have been lost or become known to third parties.

3.5. The User understands that in the event that the User’s login data becomes known to third parties, such third parties may enter into obligations which will become binding on the User, who undertakes to accept and duly comply with such obligations. Avi Health shall have no obligation to verify the identity of any User.

3.6. Avi Health processes and manages User’s personal data in accordance with the laws of the Kingdom of Spain, Avi Health Privacy Policy. Given that the Privacy Policy sets out important provisions of the Terms, we recommend that the User reads it carefully to ensure that all provisions of the Privacy Policy are understood and acceptable to the User.

3.7. If a User becomes aware of any malfunction and/or interruption in the operation of the Avi Health website and App, the User shall immediately notify Avi Health.

3.8. The User may not publish the Information in other locations and/or websites without the permission of Avi Health.

  1. LIMITATION OF LIABILITY

4.1. Avi Health shall not be liable for any technical, security or other malfunction of the Avi Health website and App software or hardware that may be caused by the use of the Avi Health website and App (cookies, viruses, etc.).

4.2. Any content that is downloadable or otherwise obtainable through the Avi Health website and App may be downloaded by the User at the User’s sole risk and any damage to the User’s computer system or device or loss of data resulting from such downloading or use of the Services shall be at the User’s sole risk.

4.3. Except as required by law, Avi Health shall not be liable in any way for any damages, including consequential damages or loss of profits, revenue or the like, arising out of the use of the Avi Health website and App or arising out of the User’s reliance on the Avi Health website and App or information obtained through the Avi Health website and App.

4.4. Avi Health shall not be liable for any failure or untimely failure to provide services to the User due to the fault of third parties such as internet, mobile, email service providers.

4.5. The User is responsible for the correct use and storage of the login data. Avi Health shall not be liable for any damages that the User may suffer as a result of the use of this information by third parties.

4.6. The Avi Health website and App may contain links to third party websites that are not owned by Avi Health. The links are provided for the convenience of our customers and Avi Health has no control over the linked sites, nor does the Company evaluate the content of such sites or assume any responsibility for the content, use of or access to such sites.

  1. Gender Selection and Avi Health Services: Understanding the Limitations

5.1 At Avi Health, we are committed to providing health-related services that cater to a diverse user base. Our platform offers tracking options for various aspects of health, fitness, and well-being. A crucial part of our service requires the users to input certain demographic information, including their biological gender.

 

Gender Options in Avi Health

5.2. Within the Avi Health app, users are prompted to select between two gender options: male and female. This categorization is utilized solely for tailoring health recommendations and tracking features according to common biological distinctions.

Why Biological Gender?

5.3. The choice of male or female options aligns with widely recognized physiological differences that can affect aspects like metabolism, body composition, nutritional needs, and general health markers. By identifying a user’s biological gender, we can provide more personalized recommendations, which might contribute to a better understanding of one’s health.

Special Considerations

5.4. We recognize that gender identity is a complex and deeply personal aspect of every individual’s life. However, the Avi Health app relies on biological gender information to provide its services. The following considerations apply:

5.4.1. Transgender and Non-Binary Individuals: We understand that not everyone’s gender identity aligns with their biological sex. If you are transgender, non-binary, or consider yourself to be of a gender other than male or female, please be aware that the app may not be suitable for your specific needs and health considerations.

5.4.2. Hormonal Procedures or Treatments: If you are undergoing gender-affirming treatments, hormone therapy, or any other medical procedure that alters your biological sex characteristics, please note that the Avi Health app might not provide accurate or relevant health information tailored to your unique situation.

5.4.3. Special Medical Conditions: Certain medical conditions might affect biological sex characteristics. If you have any such condition, the app may not be the best option for you.

Disclaimer

5.5. The user must choose their biological gender when using the Avi Health app. If the user considers themselves to be of another gender, is undergoing gender-changing procedures, hormonal procedures or treatments, or has other special medical conditions that may affect their biological gender, we strongly recommend not using the app and Avi Health services.

5.6. Avi Health does not assume any liability or responsibility for inaccuracies, misunderstandings, or potential harm stemming from the use of the app by individuals whose gender identity or biological sex characteristics differ from the options provided.

We value inclusivity and are continuously working towards improving our services. If you have any concerns, suggestions, or need assistance, please feel free to reach out to us at ozerov@avi-health.com.

 

  1. APPLICABLE LAW

6.1. The operation of the Avi Health website and App is governed by the laws in force in the Kingdom of Spain and the European Union. Any disputes arising out of or in connection with the operation of the Avi Health website and App shall be settled by negotiation and, if no agreement can be reached, in accordance with the procedure established by the laws of the Kingdom of Spain.

6.2. In addition to the Terms, the laws, special provisions and regulations in force in the Kingdom of Spain and the European Union, as well as customary business practices, shall govern the relationship between the User and the Avi Health website and App.

6.3. If any provision of these Terms is contrary to law or becomes invalid in whole or in part for any reason, it shall not invalidate all other provisions of these Terms.

6.4. A User’s claim and/or complaint regarding the operation of the Avi Health website and App and the Services must first be made in writing to Avi Health. Claims and/or complaints should be sent to ozerov@avi-health.com , stating your name, email address, and describing the improper operation of the Avi Health website and App, the error, malfunction and/or the like, as well as the date (time) and duration, if possible.

 

Last update on 03rd of August 2023.