(December 2021)
Please read these Healthily Cold, Flu and COVID-19 Checker Terms of Service together with our Healthily Cold, Flu and COVID-19 Privacy Policy(collectively the “Terms”) carefully so that you understand them before you start using our Services (as defined below) and to learn how and what data we collect and how we use it. These Terms apply to all the Services we provide to you. These Terms contain details of each of our Services, the use and limits of our Services and of our liability to you and your and our rights and obligations in relation to the provision and use of the Services.
Above all, it is important that you are aware that our Services are provided for informational purposes only, and do not constitute professional medical advice, diagnosis or treatment recommendations. Our Services are not a substitute for professional medical advice, diagnosis, therapy or treatment. If you think you may have a medical emergency, call a medical professional or the emergency services immediately. You should never rely on or make health or well-being decisions which are based on information provided by our Services without first consulting a medical professional or other appropriate health professionals. Please read How to use Healthily Cold, Flu and COVID-19 Checker safely before you start using our Services.
If you do not agree to these Terms, you should not use the Cold, Flu and COVID-19 Checker. If there is anything that you do not understand, please contact us at support@livehealthily.com.
YOUR.MD AS incorporated and registered in Norway with company number 999260993 whose registered office is at c/o Advokatfirmaet Simonsen Vogt Wiig AS, Filipstad Brygge 1 , 0252 Oslo, Norway is offering its Services which may be branded as Healthily, via its subsidiary Your.MD Limited, incorporated and registered in UK with the company number 08727263 whose registered office is on this day at Your.MD Limited, 5th Floor, Lincoln House, 296-302 High Holborn, London WC1V 7JH (''Your.MD'', ''Healthily'', ''we'', ''us'').
Our goal is to provide trustworthy health information to help you take control of your health. We have teamed up with Walmart] (hereinafter referred as: “Walmart”) and developed the Cold, Flu and COVID-19 Checker.
These Terms govern your use of the Checker and your relationship with us. It is important that you read and understand the Terms (including the section entitled ‘Our Liability and Disclaimer of Warranties’ below) before you start using our Services. If there is anything that you do not understand, please contact us at support@livehealthily.com, subject: Cold, Flu and COVID-19 Checker.
To access the Checker, you will need to access the web-based application available at https://cfc-checker.livehealthily.com/walmart/ and actively accept our data processing and these Terms. By actively confirming your age and these terms you confirm that you agree with these Terms. If you do not agree to these Terms you should not use our Services. You must be at least 16 years or older and capable in your country of residence of entering into a legal binding agreement to use our Services in your country of residence.
Our Cold, Flu and COVID-19 Checker (hereinafter referred as a “Checker’’ or ‘’bot’’ or ‘’Services’’) enables you to check the symptoms for cold, flu and COVID-19. Whilst we are trying our best to help you with providing useful information, please bear in mind that our Checker is only a bot and not a human medical professional, so it can help with calculating the likelihood of cold (viral upper respiratory infection), flu, COVID-19 or "Other respiratory illness" based on the predefined symptoms you chose, but it is not a substitute for professional medical advice, diagnosis, therapy or treatment. The category of "Cold (viral upper respiratory infection)" includes acute nasopharyngitis, acute laryngitis, acute viral sinusitis, and viral tonsillopharyngitis (hereinafter “Cold”). The category of "Other respiratory illness" includes a limited number of other respiratory conditions, such as acute bacterial sinusitis, bacterial tonsillopharyngitis, allergic rhinitis, infectious mononucleosis, acute bronchitis and pneumonia (hereinafter “Other respiratory illness”). If you think you may have a medical emergency, call a medical professional or the emergency services immediately.
The Checker calculates the likelihood of cold, flu, COVID-19 and Other respiratory illness based on the most common symptoms for these conditions and the most common outcome for persons of your age and gender. It does not take into account factors specific to you which is why it can only make an assessment of the likelihood of cold, flu, COVID-19 and ‘Other respiratory illness’ but you must always consult a medical professional for medical diagnosis and treatment.
The bot cannot be used if you only have one symptom or if you have had your symptoms for more than two weeks. This does not mean that you are healthy or that you don’t have a respiratory condition. You should always visit a medical professional for further examination and tests.
When the bot assesses the likelihood of you having a cold, flu, COVID-19 or ‘Other respiratory illness’ you will be presented with what is the most likely and what are the less likely conditions that you might have. You can also click on “READ MORE” for additional information. By clicking “READ MORE” you will be redirected to the Healthily website ("Site"). Your usage of our Site will be governed by Healthily Terms of Service. Within each article you will be able to get more information about cold, flu, COVID-19 and ‘Other respiratory illness’ such as symptoms, causes, when to see a medical professional, diagnosing and treating.
While our bot strives to give you the best possible information about the likelihood of cold, flu, COVID-19 and “Other respiratory illness” it cannot consider all factors that your medical professional can such as medical and family history, physical examination, tests etc. The likelihood of having a cold, flu, COVID-19 and ‘Other respiratory illness’ does not mean that you have any of these conditions or that you do not have any other worrying conditions our bot did not manage to calculate due to the limited information it uses. You should always consult a medical professional before acting on any of the information our bot gives you.
Always follow Centers for Disease Control and Prevention (CDC) recommendations regarding COVID-19 https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html.
Healthily content means any content available within the Checker, on the Site or any other Healthily Services, such as health-related articles, written by our team of doctors and updates on our Services.
Third Party content means products or services which are offered or provided by third parties and/or links to such content within our Services.
Please note that when clicking on third party content, third party terms and privacy policy apply. We are in no way responsible for the actions of these third parties, the content of their sites, their products or services, the use of the information you provide to them, or any of the products or services they may offer and no agency relationship exists between us and the third parties.
We hope you'll enjoy using our Checker. We're constantly trying to improve so if you have any comments, suggestions or recommendations, please send us an email to support@livehealthily.com, subject: Cold, Flu and COVID-19 Checker.
COLD, FLU AND COVID-19 CHECKER IS AN AI SOFTWARE AND NOT A PHYSICAL MEDICAL DEVICE. OUR SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THEY DO NOT INCLUDE THE PROVISION OF MEDICAL CARE, DIAGNOSIS OR TREATMENT, NEITHER INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT OUR CHECKER DOES NOT CONSTITUTE A DOCTOR PATIENT RELATIONSHIP, IS NOT A SUBSTITUTE FOR YOUR REGULAR DOCTOR, GP, DIAGNOSIS, A FACE-TO-FACE EXAMINATION AND/OR SESSION BY A LICENSED QUALIFIED PROFESSIONAL.
You should never rely on or make health or well-being decisions which are based solely on information provided by our Checker. Furthermore, you should always seek advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from a medical professional or other qualified healthcare professional, by face-to-face appointment, because of information or advice you received through the Checker. You agree, confirm and acknowledge that although our Checker may provide useful information, we cannot assess whether its use is right and suitable for your needs.
You agree, confirm and acknowledge that the information provided by our bot, will in either case be based on the information that you have provided to us via the Checker. It is your responsibility to ensure this information is correct and complete and you accept that any failure to do so (whether intentionally or not) may affect the information we can give to you and may have consequences for which we are not responsible.
THE CHECKER DOES NOT DIAGNOSE HEALTH CONDITIONS OR PRESCRIBE HOW YOU SHOULD TREAT ANY HEALTH CONDITION YOU MAY HAVE. This should only be done with the help of a medical professional (such as a registered doctor or a nurse). You are ultimately responsible for deciding whether to contact a medical professional and/or seek medical advice about any health concerns that you have shared with our bot. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF THE INFORMATION PROVIDED BY OUR BOT. OUR BOT CAN NOT BE USED FOR INFORMATION ABOUT BABIES, CHILDREN UNDER THE AGE OF 16, PREGNANT WOMEN, PEOPLE WHO ARE IMMUNOSUPPRESSED OR ON IMMUNOSUPPRESSIVE TREATMENT AND PEOPLE WITH LONG TERM CONDITIONS SUCH AS, BUT NOT LIMITED TO DIABETES, ASTHMA OR CHRONIC OBSTRUCTIVE PULMONARY DISEASE.
To advertise third party products we use information about your symptoms. The advertisements are not based on the most likely condition as we can’t diagnose and therefore do not constitute treatment.Our bot is constantly learning, so we cannot guarantee that the product we present to you is what you need. You are not obligated to use these products. We are not in any way responsible for the actions of advertisers, the content of their sites, their products or services, the use of the information you provide to them, or any of the products or services they may offer and no agency relationship exists between us and these third parties. Our links to any advertiser’s services does not constitute our sponsorship or endorsement of, or affiliation with, or responsibility for these companies. Nor is such linking an endorsement of such third parties’ privacy or information security policies or practices, or their compliance with laws.
Healthily and Third Party content. The content we or Third Party provide via the Site, Health Library or any other Service provides useful information but is not a substitute for medical advice. You should always seek the advice of a medical professional when making decisions about your health. By using such content and our Services you confirm and acknowledge that we have no responsibility over any such content, including (but not limited to) any related third party products and services, practices, terms or policies, and acknowledge that we will not be liable for any damage or loss caused by such content.
support@livehealthily.com and privacy@livehealthily.com emails are not intended for inquiries about your health, medical problems or medical questions. You can send us any other question about our Services including your comments and suggestions for improvements. If we receive an email that includes questions about your health, medical problems and/or conditions/symptoms you will receive a standard auto-reply informing you that we do not provide this type of information via email and that you should always consult a medical professional in such cases.
Always follow Centers for Disease Control and Prevention (CDC) recommendations regarding COVID-19 https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html.
Linking to Healthily. Healthily generally welcomes links to its content and Services. You may establish a link to our content and/or Services, provided that the link does not state or imply any sponsorship or endorsement of your website or its contents by Healthily and make no representations or warranties on our behalf.
You hereby confirm and agree: (a) that you have read and understood these Terms; (b) that you will use the Checker only in accordance with these terms; (c) that you are at least 16 years old of age; (d) that you are legally able to enter into a contract; (e) that all the information that you provided in or through the bot is accurate, true, current and complete; (f) that your use of our Checker is for personal use only, all in accordance with these Terms; (g) that you are solely and fully liable and responsible for any activities or omissions that are made by or due to using our bot; (h) that you will not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Services and your relationship with us; l) that you will comply with local laws and health and safety requirements when using our Services.
Except to the extent as expressly stated to the contrary herein, your right to use the Checker is personal to you and you are not allowed to give this right to another person or sell it to another person. Your right to use the Services does not stop us from giving other people the right to use the Services. As part of the Checker, we allow you to download our Services for use on your computer device or Site for the sole purpose of accessing and using our bot in accordance with these Terms and we grant you a non-exclusive, personal, non-transferable license for this sole purpose.
Other than as allowed in these Terms you are not given a right to use the "Healthily", "Live Healthily", "Your.MD", ''DOT'', ''Mediterm'', ''AIMed'' names or any of the Healthily names, trademarks, logos, domain names and other distinctive brand features. You agree that all confidential information, copyright and other intellectual property rights in our Services or any portion of the Services belong to us or the people who have licensed us to use those rights. You agree that you have no rights in or to our Services or any portion of the Services other than the right to use them in accordance with these Terms. The materials and content comprising the Services belong to us or the people who have licensed them to us and we give you permission to use these materials and content for the sole purpose of using the Services in accordance with these Terms.
The materials and content comprising the Service belong to us or the people who have licensed them to us and we give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms.
Unless allowed by these Terms and as permitted by the functionality of the Service, you agree not to: (a) copy our Checker or any portion of the Services; (b) give or sell or otherwise make available the Checker or any portion of the Services to anybody else (c) change our Checker or any portion of the Services in any way, (d) look for or access the code of our bot or any portion of the Services that we have not expressly published publicly for general use.
When using our Services you agree not to (a) circumvent, disable or otherwise interfere with any security related features of the Services or features that prevent or restrict use or copying of the content accessible via the Services; (b) permit another person to use the Services; (c) use the Services if we have suspended or banned you from using it; (d) engage in any illegal or unlawful conduct; (e) modify, interfere, intercept, disrupt or hack the Services, our servers, network or infrastructure; (f) misuse the Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Services or any user of the Service's own equipment; (g) collect any data from the Services other than in accordance with these Terms of Services; (h) submit or contribute any information or commentary about another person without that person's permission.
Our Services are apps embedded on different operating systems. You agree not to use our Services in any other way than through our unmodified official client software (web app).
Failure to comply with any of the requirements of these Terms constitutes a serious breach and may result in our taking all or any of the following actions (with or without notice): (a) immediate, temporary or permanent withdrawal of your right to use our Services; (b) issuing of a warning to you; (c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary. These actions are not limited and we may take any other action we reasonably deem appropriate.
We are constantly updating and improving the Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Services. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Services, or feature relating to the Services. These changes to the Services may affect your past activities on the Services and the features that you use. Any changes to the Services could involve your Services elements being deleted or reset.
We make the Checker and our Site available for access using internet infrastructure but are not responsible for the infrastructure ourselves. If you wish to use our Services, you should ensure that you have an internet-enabled device and a sufficient internet connection available.
By agreeing to these Terms, you also consent to our Cold, Flu and COVID-19 Checker Privacy Policy and third party provider’s terms applicable for your usage and available in section below, all of which is incorporated and deemed a part of these Terms, together with any changes and revisions.
We cannot provide all services necessary for the successful operation of our Services by ourselves. We therefore use various providers for the purposes of offering the Services to you and improving your user experience.
ANALYTICS
We use Google Analytics to help us constantly improve our Checker and make it better for you. For more information about how Google Analytics works, please see [Healthily Cold, Flu and COVID-19 Checker Privacy Policy](ADD URL). For more information about Google Analytics visit their website Google Analytics.
DATA STORAGE
We store all your data in the US using AWS Services and the Google Cloud Platform. For more information about our data storage please read our [Healthily Cold, Flu and COVID-19 Checker Privacy Policy](ADD URL).
ADVERTISING
ADVERTISING PROVIDERS
We engage third party ad network to display ads within our Service.
Kevel. We use Kevel for advertising purposes, to create trackable links for reporting purposes, namely to see how many clicks are generated from a specific ad shown to you. For more information regarding data collection and usage as part of the ad serving platform, please read Kevel Privacy Policy on Ad Serving.
ADVERTISERS
We will show you personalised ads based on information you provide when using our Service. We never share your personal data (including health data) with advertisers.
We use the information that you share when interacting with our Checker to present you products that might be useful to you. You are not obligated to use these products. Our bot is constantly learning, so we cannot guarantee that the product we present to you is what you need, but is always related to information you shared with us. While our bot strives to give you the best possible information it cannot consider all factors that your doctor can, so please always consult your doctor before acting on any of the advice our bot gives you. We are not in any way responsible for the actions of advertisers, the content of their sites, their products or services, the use of the information you provide to them, or any of the products or services they may offer and no agency relationship exists between us and these third parties. Our links to any advertiser’s services does not constitute our sponsorship or endorsement of, or affiliation with, or responsibility for these companies. Nor is such linking an endorsement of such third parties’ privacy or information security policies or practices, or their compliance with laws.
Walmart. If you decide to click on Walmart AD within our Services you will leave Healthily Services and be redirected to Walmart services. By doing so, you will be governed by Walmart Terms and Privacy policy.
You hereby agree, confirm and acknowledge that our Checker, Services and any information provided to you, whether written, stated or implied, especially including the most likely medical condition, are for informational purposes only. We are not recommending or endorsing any such products. We use information about your symptoms to advertise third party products, meaning that advertisements are not based on the most likely condition as we can’t diagnose and therefore do not constitute treatment.Any reference to a third party product or services via our Services is likewise for information purposes only. Our Services and information therein are provided ''AS IS'' with all fault and without warranty of any kind, therefore you will have no claim and demand against us.
Reliance on any information provided via our Services is solely at your own risk. We do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. The use of our Services is at your sole risk. Our Services are not a substitute for professional medical advice, diagnosis, therapy or treatment. You should never rely on or make health or well-being decisions which are based on information provided by our Checker and/or Services without first consulting a medical professional or other appropriate health professional. If you think you may have a medical emergency, call a medical professional or emergency services immediately. Healthily is not liable for any of your decisions, acts or omissions you make.
Some jurisdictions do not allow the exclusion of, or limitations on, implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
To the fullest extent permissible by applicable law, your sole and exclusive remedy for dissatisfaction with our Services is to stop using the Services and, in no event shall Healthily, its subsidiaries or its affiliates be liable to you: a) for death or injury; b) for any damages that are not foreseeable or, even if foreseeable, not directly related to our breach of these Terms or our negligence; c) any personal injury, damage, lost profits, lost revenues, cost of substitute services, loss of data, loss of goodwill, work stoppage, computer failure or malfunction; d) any other form of direct or indirect, special, incidental, consequential or punitive damages from any causes of action arising out of or related to our Services, including any information provided to you or lack of those in connection with the Services or e) any action or inaction by you resulting from the information we have or have failed to provide to you, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Healthily has been advised of the possibility of such damage. In no event will we be liable to you resulting from your interaction with any third party or third party technology in connection with our Services.
Some jurisdictions do not allow a limitation of liability for death, personal injury, fraudulent misrepresentations or certain intentional or negligent acts, or violation of specific statutes, or the limitation of incidental or consequential damages, so some or all of the above limitations of liability may not apply to you. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by laws of England and Wales.
In addition, in no event will we be liable to you for anything resulting from your interaction with any third party or third party technology in connection with our Services and no agency relationship exists between us and any such third party.
Subject to this section, our total liability for all losses you suffer arising from or in connection with the use of our Services shall be no greater than the amount paid by you for the use of our Services.
You agree to defend, indemnify, and hold harmless Healthily and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from your use or misuse of our Services, violation of these Terms or violation of any rights of a third party. Healthily reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. You agree that a breach of these Terms will cause irreparable injury to Healthily for which monetary damages would not be an adequate remedy and Healthily shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
If at any time, you do not feel that you can agree to these Terms or any changes made to the Terms, you must immediately stop using the Services.
We may immediately end your use of the Services if you breach these Terms or applicable legislation. We may also withdraw the Services at any time, if we give you reasonable notice that we plan to do this.
If you or we end your use of the Services or we withdraw the Services as described in this section, we may delete any information we hold about you. You will also lose any rights you have to use the Services or access our content. We will not offer you compensation for any losses.
Our Services include open source third party technologies (licenses) stated as can be seen from the source code.
These Terms incorporating the Cold, Flu and COVID-19 Checker Privacy Policy, How to use Cold, flu and COVID-19 Checker safely and Cold, flu and COVID-19 Checker Cookie policy constitute the entire agreement between you and Healthily with respect to your use of the Checker, the Services and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless made in writing and signed by Healthily. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder.
We will occasionally update these Terms as necessary to protect our users, furnish current information and respond to legal and technical changes. Because we are constantly adding new services and features, we might not make an immediate upgrade of the Terms, unless in case of material changes to our practices. The most current version of the Terms will govern your use of our Services and it is available at https://www.livehealthily.com/legal/cold-flu-covid-19-checker-terms. Because we do not store your profile data you will need to consent to the most recent version of the Terms each time you use the Services.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms shall continue in full force and effect.
The original version of these Terms is written in English. Any translation into any other language is done for local requirements and in the event of a dispute, inconsistency or discrepancy between English and any non-English versions, the English version shall govern, to the extent not prohibited by local law in your jurisdiction.
These Terms and all disputes or controversies arising out of or relating to these terms shall be governed by, and construed in accordance with, laws of England and Wales, excluding its conflict of laws rules.
We value hearing from our users, and are always interested in learning about ways we can improve the Services. You are always welcome to send us any comments to: support@livehealthily.com, subject: Cold, Flu and COVID-19 Checker.
Your.MD
Matteo Berlucchi, CEO