Terms Of Use
Effective as of 1st May 2024
1. Introduction
These Terms of Use ("Terms") are a legal agreement between you ("you" or "User") and VESNA LIMITED, a company incorporated in Hong Kong ("Company", "we" or "us") governing your use of the MIDBAND mobile application and website (collectively, the "Service"). Please read these Terms carefully before using the Service.
2. Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use the Service.
3. Changes to Terms
We may update these Terms from time to time by posting the updated version on the Service. We will provide you with reasonable notice of any material changes, such as by email. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of such changes.
4. Service Description
The Service provides health and wellness information and tools to help Users track and manage certain aspects of their wellbeing. However, the Service is not intended to diagnose, treat, cure or prevent any disease or health condition. You should always consult with a qualified medical professional regarding any health-related matters. We disclaim liability for any errors, omissions, or violations of ethical standards in the provided materials.
The information and responses provided by the Service, including any AI-generated content, are intended for general informational purposes only. While we strive to provide accurate information, the Service's outputs are based on probabilistic models and may occasionally contain inaccuracies or errors. You acknowledge and agree that any reliance on the Service's information or recommendations is at your own risk. You should always consult with a qualified medical professional before making any decisions or taking any actions that may affect your health or well-being. We disclaim any liability for damages arising from your use of the Service's information or recommendations without proper medical consultation.
5. User Accounts
You may need to create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur through your account. You agree to provide accurate registration information and to update it as needed to keep it current, complete and accurate. You shall not share your account with others or permit unauthorized access to your account. We reserve the right to deactivate accounts that show signs of unauthorized use.
6. User Content
The Service may allow you to upload, submit or transmit content ("User Content"). You retain ownership of your User Content, but by submitting it through the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Content in connection with operating and providing the Service.
You agree to indemnify and hold us harmless from any claims arising from your User Content. We reserve the right to review, moderate, and remove any User Content at our sole discretion.
7. Third Party Services and Sharing
The Service may contain links or integrate with third party websites, products or services ("Third Party Services"). We do not control or endorse Third Party Services. You agree that we are not responsible for the availability, content, privacy practices, or any damages arising from your use of Third Party Services.
We will provide you with clear opt-in and opt-out choices regarding sharing your data with Third Party Services. Unless you explicitly opt-in, we will not share your personal data with Third Parties for their own commercial purposes.
8. Subscriptions and Billing
The Service offers various subscription plans with different features and pricing. Detailed information about these plans is available on our subscription page.
By signing up for a Subscription, you agree to pay all applicable fees. We may change our fees from time to time by posting the pricing changes on the Service, which shall become effective for the next Subscription period.
Specific plans such as the Bloom Trial and Full Bloom have non-refundable payments, except where explicitly stated otherwise. For example, the $2 trial payment is refunded when you purchase a Bloom or Full Bloom Subscription after the trial period, and the last month payment ($12.50) is refunded when you move from a Bloom to a Full Bloom Subscription.
9. Prohibited Conduct
You agree not to:
- Use the Service in violation of these Terms or applicable laws/regulations
- Distribute illegal, defamatory, abusive, hateful or objectionable content
- Interfere with or try to gain unauthorized access to the Service
- Transmit viruses, malware or other malicious code
- Impersonate another person or misrepresent your affiliation
- Collect or harvest personal data about other users without consent
10. Intellectual Property
The Service and its content are protected by intellectual property laws. You may not use, reproduce or modify the Service except as explicitly permitted by these Terms.
11. Termination
We may suspend or terminate your access to the Service immediately if we determine that you have violated these Terms. Upon termination, your right to use the Service will cease.
12. Warranty Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA, INFORMATION, OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICE, INCLUDING ANY AI-GENERATED CONTENT.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VESNA LIMITED BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR (B) $1,000 USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
VESNA LIMITED SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR RELIANCE ON OR USE OF ANY INFORMATION, RECOMMENDATIONS, OR AI-GENERATED CONTENT PROVIDED THROUGH THE SERVICE WITHOUT PROPER MEDICAL CONSULTATION.
14. Indemnification
You agree to indemnify, defend and hold harmless VESNA LIMITED from any claims, losses, liabilities and expenses arising from your violation of these Terms or misuse of the Service.
15. Dispute Resolution and Arbitration
Please read this section carefully as it requires you to arbitrate certain disputes and claims with us and limits the manner in which you may seek relief.
Any dispute arising out of or relating to these Terms or your use of the Service shall be resolved through binding arbitration, except that either party may assert claims in small claims court if the claims qualify. The arbitration shall be conducted by the Hong Kong International Arbitration Centre under its rules. Judgment on the award may be entered in any court with jurisdiction.
To the fullest extent permitted by law, you and VESNA LIMITED agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree to waive your right to participate in class actions.
16. Governing Law
These Terms shall be governed by the laws of Hong Kong, without regard to its conflict of laws principles.
17. Notice and Takedown Procedures
If you believe any materials on the Service infringe your copyright, you may request removal by providing the following information to curation@midband.io:
- Identification of the copyrighted work
- Identification of the infringing material and its location
- Your contact information
- Statement that you have a good faith belief the use is unauthorized
- Statement that the information provided is accurate
- Your signature or electronic equivalent
We reserve the right to terminate accounts of repeat infringers.
18. Export and Economic Sanctions Control
You represent that you are not located in any country subject to U.S. export restrictions or economic sanctions. You agree to comply with all applicable export and sanctions laws.
19. Maintenance and Updates
We reserve the right to modify, suspend or discontinue the Service or any part of it at any time without notice. We will not be liable for any consequences of changes, suspensions or discontinuance of the Service.
20. Enforcement Rights
We reserve the right to investigate and take appropriate action against any violations of these Terms, including suspending or terminating your account.
21. General Provisions
These Terms constitute the entire agreement between you and VESNA LIMITED regarding your use of the Service. If any part of these Terms is held invalid, the remainder shall remain in effect. Our failure to enforce any provision does not waive our right to do so. You may not assign these Terms without our consent.
22. Feedback
Any feedback you provide is considered non-confidential and non-proprietary. By submitting feedback, you grant us a perpetual, irrevocable license to use it without compensation.
23. Promotional Communications
By creating an account, you agree to receive promotional emails and communications from us related to the Service and our other products and services. You can opt-out at any time.
24. Reporting Violations
If you become aware of any violation of these Terms, please report it to support@midband.io. We will investigate violations and take appropriate action.
25. Contact Information
For any questions about these Terms or the Service, please contact us at:
Vesna Limited, 17/F, 23 Thomson Road, Wan Chai, Hong Kong SAR China
support@midband.io