INTRODUCTION
These terms of use (“Terms”) set out the basis on which L3M Technologies Limited (t/a Salus Optima) whose registered office is at Westferry Circus, London, United Kingdom, E14 4HD with company number 11157173 (“Salus Optima”, “we”, “us”, “our”), permits you to use the Salus Optima mobile application (the “App”) , including any questionnaires and all other content and media provided to you on the App, for example:
our onboarding process where you can tell us about your symptoms and your lifestyle through a series of questions;
data and information collected from wearable devices and other 3rd party integrations (as detailed in our Privacy Policy);
lifestyle habits and suggestions around diet, hydration, mental health, movement, sleep and other relevant areas (each based on your questionnaire responses and ongoing App usage);
daily activities and/or symptom tracking;
a journal of activities and/or symptoms that have been tracked;
daily education articles;
a live chat with our coaches, experts or other professionals; and
an ability to earn rewards through App engagement, collectively the “Services”.
IMPORTANT TERMS
WE RECOMMEND YOU OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM TAKING, ANY ACTION ON THE BASIS OF INFORMATION OBTAINED FROM THE SERVICES. WHILST WE COMPILE THE INFORMATION MADE AVAILABLE TO YOU VIA THE SERVICES IN GOOD FAITH, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT SUCH INFORMATION IS ACCURATE, COMPLETE OR UP TO DATE. SUCH INFORMATION IS NOT INTENDED TO REPLACE ADVICE FROM YOUR GP OR ANY HEALTHCARE PROFESSIONAL. THE SERVICES ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ON AN “AS IS” AND “AS AVAILABLE” BASIS.
You must ensure that all information you submit to us in connection with the Services is accurate, current and complete as this could affect the information which is provided to you. We are entitled to rely on any information you submit to us in connection with the Services.
Please also note, where you use any of our recipes or follow any of the training programmes or other lifestyle suggestions, you are responsible (at your own cost) for sourcing the ingredients and equipment required for such recipes and training; these are not provided as part our Services. Please also ensure you check the nutritional and allergen information given in our recipes – the recipes have not been designed specifically for you, nor do they account for any allergies or food intolerances you may have.
Under applicable data protection laws, we are required to provide you with certain information about who we are, how we process your personal data, and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
In return for your agreeing to comply with these Terms you may:
download a copy of the App and view, use and display the App on your device for your personal purposes only;
use the Services; and
receive and use any free updates of the App incorporating “patches” and corrections of errors as we may provide to you.
The ways in which you can use the App may also be controlled by the rules and policies of the mobile application store from where you downloaded the App. Such rules and policies will apply instead of these Terms where there is a conflict between the two.
You must be at least 18 years of age to use the App and access our Services. If you choose to access the App and Services from outside the United Kingdom, you are responsible for your compliance with local laws for that country if and to the extent that local laws are applicable.
ACCOUNT
In order to use the App, you will need to register for a Salus Optima account. You will be required to enter an email address and password for your Salus Optima account. You are responsible for safeguarding your account email address and password and must treat such information as confidential and not disclose it to any third party. We will not be liable for any loss or damage arising from your failure to comply with the above.
If you know or suspect that anyone other than you knows your email address and password, or you believe there has been unauthorised access to your Salus Optima account, you should promptly notify us at support@salusoptima.com. Should you forget your password for your account, please select the “I forgot my password” option on the App and you will be asked to submit your email address. Please follow the instructions on-screen to reset your password.
We are giving you the personal right to access the App. You may not transfer your Salus Optima account to someone else, whether for money, for anything else or for free.
We will contact you by email, SMS or phone as selected by you when creating your Salus Optima account, using the contact details you have provided to us.
You agree to promptly update your account and other information, including your email address and
payment details (including your card number, its expiration date and security code), so that we can complete your transactions and contact you as needed.
If our live chat-messaging is made available to you as part of our coaching services, you may choose to receive coaching recommendations, general advice, fitness plans and any other personalised programmes as part of the App with one of our coaches (collectively “Coaching Services”). Please ensure that the information you give is true, accurate and complete at all times. Any errors in such information may impact the accuracy and applicability of the advice you are given and may detrimentally affect your results from using the Coaching Service. Details of all consultations and questionnaires are retained in accordance with all applicable laws.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
Offers
We may make certain Services freely available on our App as part of an offer, free trial or other discounted package. Details of these Services and the associated offer will be available on the App from time to time, which you may choose to take advantage of. In order to receive such offers you must ensure that you select the relevant offer when you place your order request, at which time we will provide you with specific information on the offer selected.
Please note that our offers may expire, after which time they may not be available. We will endeavour to update the App where offers expire; otherwise you will be notified that the offer is no longer available on proceeding through the checkout process. All offers are subject to availability. We reserve the right to withdraw offers at any time, without notice to you, and for any reason.
Reward Points
From time to time, we may reward you with points for certain activities where you engage with the App. Full details of how those points can be earned and exchanged will be displayed on the relevant pages of the App.
You are only able to earn and exchange points where you have a valid Salus Optima account. You can exchange your points for qualifying prizes via the App (which may include unlocking the chat function on the App). Points have no cash value.
Points can only be exchanged by you, via your Salus Optima account, and are not transferrable. Points may be removed or cancelled if we determine that the points were earned in breach of these Terms or were awarded in error.
PERMITTED USE
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the App or Services, in whole or in part, except as part of the normal use or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the relevant parts of the App or Services on your device
as permitted in these Terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the whole or any part of the App or Services to obtain the information necessary to create an independent program that can be operated with the App; and
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or Services (where applicable).
You must:
not use the App or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Services or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
not use the App or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
not collect or harvest any information or data from the App or Services or our systems or attempt to decipher any transmissions to or from the servers running any Service.
These content standards apply to any and all material, content and data which you contribute to the Services and to any associated interactive services. Each contribution must: be accurate (where it states facts); be genuinely held (where it states opinions); and comply with the law applicable in England and Wales and in any country from which it is posted.
A contribution must not: be defamatory of any person; be obscene, offensive, hateful or inflammatory; bully, insult, intimidate or humiliate; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; promote any illegal activity; be threatening; abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person; give the impression that the contribution emanates from us, if this is not the case; or contain any advertising or promote any services or web links to other sites.
You warrant that all contributions will comply with the standards set out above, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the Services (and any content you allow us to access via your Apple Health app) will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store, copy and aggregate that content and to distribute and make it available to third parties. Where any content you upload includes personal data, we will always treat such content in accordance with our Privacy Policy.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make to the Services if, in our opinion, your post does not comply with the content standards set out above.
All intellectual property rights in the information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, interactive features, advertisements or other content, services or materials (or any part of them) accessible from the Services, or otherwise protecting the App and Services throughout the world, belong to us (or our licensors where applicable). Such rights are non-exclusively licensed (not sold) to you. You have no intellectual property rights in, or to, the App or Services, or any other related information other than the right to use them in accordance with these Terms.
LIABILITY
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR HEALTH OR MEDICAL REQUIREMENTS. YOU MUST CHECK OUR RECOMMENDATIONS AND ANY INFORMATION PROVIDED THROUGH OUR SERVICES WITH YOUR OWN GP OR OTHER APPROPRIATE HEALTHCARE PROFESSIONAL. THE SERVICES ARE NOT FOR DIAGNOSTICS OR MEDICAL PURPOSES.
To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with the App and Services and your use of the same (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy). We do not warrant that the functions contained in any materials in the App and Services will be uninterrupted or error-free, that defects will be corrected or that App and Services or the servers that make them available are free of viruses or bugs.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
If defective digital content that we have supplied damages a device or digital content belonging to you, we may either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We are not liable for business losses. The Services are for domestic and private use. If you use the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Please back-up content and data used with the Services. We recommend that you back up such content and data to protect yourself in case of problems with the Services.
The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services (as described on the Appstore site and in our published documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
TERMINATION
We may end your rights to use the Services at any time by contacting you if you have breached these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Services:
you must stop all specified activities authorised by these Terms, including your use of the Services;
you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
GENERAL
We are giving you the personal right to use the Services as set out above. You may not transfer your Salus Optima account to anyone else, whether for money, for anything else or for free. If you sell any device on which the App is installed or your Salus Optima account details are saved, it is your responsibility to remove the App together with your Salus Optima account details from it. We are not responsible for any authorised use of your Salus Optima account.
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will always try to give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App or access the Web.
If you do not accept the notified changes you may continue to use the Services in accordance with the existing Terms, but certain features may not be available to you.
From time to time we may automatically update the App and change, all or part of, the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and, all or part of, the Services.
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
The Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
These Terms do not give any third party any rights to enforce any of these Terms.
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.
Even if we delay in enforcing this contract, we can still enforce it later. 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 breach of these Terms, 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.
These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
Last updated: July 2023