Livit by Nightingale Health™ Consumer Terms of Service

Effective from 9 May 2023

These Livit by Nightingale Health™ Consumer Terms of Service set forth the terms and conditions for using the Livit by Nightingale Health™ Consumer Service brought to you by Nightingale Health. The purpose of the Service is to provide you with information on your health and wellbeing, as well as information on factors and habits that have been shown to help in maintaining and improving health and wellbeing.

1 Definitions

As used herein, the following terms have the meanings defined below:

Account	means an account you create in the App
App	means Livit by Nightingale Health™ mobile application
Blood Test	means a fingerprick blood test you take at home using the Kit
Blood Test Results	mean Blood Test results we deliver to you in the App
Genetic Results	mean genetic results we deliver to you in the App
Health Plan	means a Blood Test plan you can purchase from us or from an authorized distributor
Instructions	mean the instructions delivered together with the Kit
Kit	means Livit Blood Collection Kit™ sample collection package
Nightingale Health (we, us)	means Nightingale Health Plc and its group company
Privacy Policy	means Livit by Nightingale Health™ Privacy Policy
Service	means Livit by Nightingale Health™ consumer service
Terms	means these Livit by Nightingale Health™ Consumer Terms of Service
Webshop	means our webshop available at shop.nightingalehealth.com

2 Scope and General Terms of the Service

The scope of the Service depends on the choices and purchases you have made. The different components of the Service are the following:

App. We offer you the possibility to access, free of charge, general health and wellness content on the App. Before accessing the free content, you must register and create an Account in the App. You can find more information on the use and content of the App in Section 4.
Blood Test. We offer you the possibility to purchase our Blood Test to receive detailed, personalized, and research-based information on your current state of health. For each Blood Test, you take a fingerprick blood sample at home with our easy-to-use Kit, which is a CE marked medical device, and send the sample to us for analysis. The Kit includes all necessary items for you to take and send your blood sample to us. When we receive your blood sample, we analyze the sample using our proprietary technology and deliver your Blood Test Results and related content to you in the App. You can find more information on our Health Plans available for purchase in Section 5.
Genetic Results. We offer you a possibility, free of charge, to obtain information about your health by uploading your raw genetic data to the Service to receive Genetic Results in specific health areas. To use this option, you must have existing raw genetic data from a selected third-party service provider in a suitable format. You can find more information on the Genetic Results in Section 8.

To access and use the Service, you must be at least 18 years old and must agree to be bound by these Terms and the Privacy Policy. Special attention should be paid to warnings and precautions included in these Terms. If you are buying a Health Plan for someone else, the user of the Health Plan must be at least 18 years old and have full legal authority to accept and be bound by these Terms. If you are not 18 years old or if you do not agree to these Terms, do not use the Service.

Nightingale Health is the legal manufacturer of the Kit and responsible for the Service in accordance with the applicable mandatory legislation.

The App is available for download in Apple App Store and Google Play Store where you can find information on the compatibility requirements for your mobile device and operating system. You must have a compatible mobile device, operating system, and internet connection to access and use the Service.

All components of the Service are not available in every country. Please visit the App or our FAQ page to find out whether a specific Service component is available in your country.

You can purchase a Health Plan or a gift card for a Health Plan through the App, the Webshop, or our authorized distributors. Please note that all Health Plans and gift cards are not available through every sales channel. You can find more information on pricing and payment terms in Section 11.

The Service is restricted to end customers and resale of the Service is prohibited without Nightingale Health’s prior written authorization.

3 Account and Contract Formation

Before accessing or using the Service, you must create an Account in the App. A contract for the use of the App between Nightingale Health and you is formed when you create the Account and accept these Terms. The App is available, and the contract between you and us is concluded, in English or Finnish only. We will not save a copy of the contract you concluded with us, and you will also not be able to access such a copy in the App after conclusion of the contract. However, you can always access these Terms in the settings section of the App.

You are responsible for keeping your Account credentials and details confidential and up to date. You must notify Nightingale Health immediately of any unauthorized access to or use of your Account. To the extent required to protect your and our legitimate interests, we reserve the right, without prior notice and in our sole discretion, to suspend, modify, or delete your Account if it has been used for illegal, fraudulent, or other similar activity, or if there has been a suspected or actual breach of security or other failure to comply with these Terms. We will restore your Account when the issue leading to the suspension, modification, or deletion has been resolved. This is without prejudice to any legal rights you may have under the applicable mandatory law due to such suspension, modification, or deletion.

You may access and modify your Account credentials and details in the App. If you have any questions, you can contact us using the contact details provided in Section 22.

If you choose to delete your Account, you may do so by using the delete function in the settings section of the App. However, please note that reimbursement for a Health Plan or gift card is only available as described in Section 12. After deletion of your Account, we will continue to process your data in accordance with the requirements of the applicable laws and the Privacy Policy.

4 Use and content of the App

Nightingale Health grants you a limited license to access and use the App and its content in accordance with these Terms, the Privacy Policy, and other instructions which may be communicated by Nightingale Health to you from time to time.

The free content available in the App includes lessons, tips, articles, and other varying content focusing on factors and habits that have been shown to help in maintaining and improving health and wellbeing. In addition, we show you an estimated statistical range of healthy years an average female is likely to have during her life, which has been calculated using our proprietary algorithms developed based on findings from scientific research and using large population health data sets that show how certain baseline factors and blood test results correlate with common chronic diseases as well as other health conditions. To see an estimated statistical range for an average male, you can update your biological sex in the settings section of the App. However, please note that the estimates are based on statistical information only and not any baseline information you have shared with us. The estimates are intended purely for the purpose of encouraging healthy lifestyle to sustain general health and wellbeing. Your exact number of healthy years can be higher or lower than the estimated range.

Nightingale Health may from time to time, in accordance with Nightingale Health’s legal obligations or otherwise, modify, improve, update, and otherwise change the App for justified reasons, for example, to introduce new functionalities, features, or content, or to improve the security of the App. We will notify you of any new releases or updates in the App. If you fail to install new releases or updates provided to you within a reasonable time, we are not liable for a defect in the Service that is solely due to the absence of the new release or update, if we have informed you of the new release or update and related installation instructions (if any).

You may not use the App for any other purpose than to access and use the Service. Unless otherwise permitted by applicable mandatory law, you shall not, directly or indirectly, copy, modify, or create derivative works of the App. In addition, any reverse engineering, disassembling, decompiling, decoding, adaption, and other attempts to derive or gain access to the source code or any component or part of the App is strictly prohibited, unless otherwise permitted by applicable mandatory law. The App may not be used in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that otherwise violates any law or regulation or these Terms.

5 Health Plans

We offer the Blood Test for sale in the form of different Health Plans. You can choose the best Health Plan for you from the available options:

One-time Blood Test. If you choose our one-time service plan, we send you one (1) Kit after you have completed the ordering process, including payment.
Fixed-Term Health Plans. You can benefit from the possibility to follow up on how changes in your lifestyle affect your Blood Test Results by purchasing one of our fixed-term Health Plans. You can choose the number of Kits you receive during the fixed term, and we will send the ordered Kits to you in accordance with your chosen plan (once every six, four, or three months). A fixed-term Health Plan cannot be ordinarily terminated during the fixed term and the Health Plan does not renew automatically.

When you purchase a Health Plan through us, you accept our offer and conclude a binding purchase contract with Nightingale Health. You may correct your order at any time until you have completed the purchase, including payment. The contract for purchase of a Health Plan between you and us is concluded in English or Finnish only. We will not save a copy of the contract you concluded with us, and you will also not be able to access such a copy after conclusion of the contract. However, you can always access these Terms in the settings section of the App, and we will send you an order confirmation by email.

We may change the contents of the Health Plans from time to time. Please check the shop section of the App to see the available Health Plan options before making a purchase.

Alternatively, our authorized distributors offer the Health Plans for sale in accordance with their terms and conditions.

6 Delivery and Use of Kit

To ensure timely delivery of Kit(s) included in your Health Plan, you must provide the correct address and other required details in connection with your Health Plan purchase and keep the information up to date. We reserve the right to refuse any incorrect or incomplete purchase or delivery at our discretion. For Health Plans purchased through us, we deliver the first Kit within approximately ten (10) business days from the date of your purchase, and depending on your chosen Health Plan, the remaining Kit(s) automatically at the agreed intervals (once every six, four, or three months). If you purchase a Health Plan through our authorized distributor, please visit the distributor’s terms and conditions to find out more on the applicable delivery times, methods, and other delivery terms.

If you are located outside the European Union (EU), you may be the importer of the Kit to the country of your residence. In that case, you authorize Nightingale Health to appoint a customs broker (direct representative) on your behalf to import the Kit to your country of residence and to manage the necessary customs process in connection thereto. You may be required to accept the delivery through an online portal.

The Kit must be used in accordance with the Instructions. The Kit is intended for single use only. Not following the Instructions can result in inaccurate Blood Test Results or Nightingale Health’s inability to process your blood sample and deliver the Blood Test Results. Nightingale Health is not responsible for your failure to follow the Instructions.

The Blood Test should not be used in case the user has a bleeding disorder or similar condition. Please contact us using the contact details provided in Section 22 if you are unsure of whether a specific health condition may affect the use of the Kit or the Blood Test Results.

The Kit must be used before the expiry date marked in the packaging of the Kit.

You may not, and you agree not to enable others to, copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Blood Test, the Kit, or any part thereof.

A fasting blood sample gives the most accurate Blood Test Results that reflect your health and wellbeing. Therefore, we recommend you fast for 10-12 hours before you use the Kit.

Before you take the fingerprick blood sample in accordance with the Instructions, you must register the Kit in the App. In connection to the registration, we will ask you to provide certain baseline information which will be used to calculate your Blood Test Results. To receive accurate Blood Test Results, please make sure to provide correct and up-to-date information. If you refuse to provide the requested information, we will not be able to deliver the Blood Test Results to you. Please also note that if you later modify your baseline information in the settings section of the App, it will only affect your future Blood Test Results and not automatically update your Blood Test Results that have already been calculated and delivered to you.

The Kit must be registered under the user’s Account and sending someone else’s blood sample to us is strictly prohibited. If you have ordered a Health Plan for someone else, they must use or create their own Account to register the Kit. After sampling, you must send the blood collection device included in the Kit with your blood sample in it to us within twelve (12) hours of sampling in accordance with the return instructions included in the Kit. The return is free of additional charge to you.

After receipt of your blood sample, we will start processing the blood sample and will provide your Blood Test Results within approximately seven (7) business days of receiving the blood sample. We provide the Blood Test Results in the App regardless of where you purchased a Health Plan. We will send you a text message when your Blood Test Results are ready. We will make every reasonable effort to ensure that your Blood Test Results are delivered within the estimated timescale.

7 Blood Test Results

The Blood Test Results are based on the baseline information you have shared with us as well as your Blood Test. We measure your fingerprick blood sample with our nuclear magnetic resonance technology and calculate your risk of developing certain diseases using our proprietary algorithms developed based on findings from scientific research and using large population health data sets that show how certain baseline factors and blood test results correlate with common chronic diseases as well as other health conditions. Once our analysis is ready, we will communicate the Blood Test Results to you in the form of validated, CE marked health indicators as follows:

Healthy Years. We provide you a personalized estimate of the expected number of healthy years you are likely to have during your life before you develop any of the 10 diseases determined by the World Health Organization (WHO) to cause the largest number of non-accident-related disability-adjusted life years in Europe in 2019, i.e. ischaemic heart disease, stroke, pulmonary cancer, diabetes mellitus, back and neck pain, chronic obstructive pulmonary disease, Alzheimer disease and other dementia, depressive disorders, cirrhosis of the liver, colon and rectum cancer. This estimate is an average for someone with your Results, and your exact number of healthy years can be higher or lower. We also show how your estimate compares to other people of same age and sex.
Heart. We provide you information on your heart disease resistance meaning your body’s ability to avoid cardiovascular disease in the long run compared to other people of same age and sex. As your cardiovascular disease risk is strongly age dependent, we also provide you a health indicator called “heart age”, which represents your relative risk of developing a cardiovascular disease in units of years.
Metabolism. We provide you information on your diabetes resistance meaning your body’s ability to avoid type 2 diabetes mellitus in the long run compared to other people of same age and sex.
Mind. We provide information on your mental resilience meaning your ability to avoid severe depression and anxiety in the long run compared to other people of same age and sex.
Immunity. We provide you information on your immune resilience meaning your body’s ability to fight infection compared to other people of same age and sex. The health indicator is based on your risk of developing severe pneumonia, influenza or Covid-19 requiring hospitalization. As your risk of developing a severe infection is strongly age dependent, we also provide you a health indicator called “immune age”, which represents your relative risk of developing a severe infection in units of years.

In addition, our proprietary technology produces summary information on certain biomarkers in your blood called blood test contributors that are important in calculating the health indicators. We will communicate the following blood test contributors to you in the App in connection with the health indicators: cholesterol balance, low-grade inflammation, fatty acid balance, dietary fatty acids, and metabolic efficiency.

You will find more information on the Blood Test Results in the App. If you have any questions regarding the Blood Test Results, you may also contact us using the contact details provided in Section 22.

We may change the contents of the Blood Test and the Blood Test Results from time to time. Please visit these Terms before making a Health Plan purchase to read an up-to-date description of the Blood Test and the Blood Test Results.

8 Genetic Results

The Genetic Results are only available to end customers who have used a direct-to-consumer DNA analysis from a selected third-party service provider (23andMe, MyHeritage, Ancestry) and received raw genetic data from the service provider in a suitable format (.zip or .gz).

The Genetic Results are calculated based on the raw genetic data that you share with us by uploading through a website as instructed in the App. The raw genetic data must be your own, and uploading someone else’s raw genetic data is strictly prohibited.

We calculate your Genetic Results using our proprietary algorithms developed based on findings from scientific research and large population health data sets that show how certain genetic variants in your genome correlate with specific chronic diseases. We look into the positions in your genome that commonly vary between people and contribute to your risk of developing coronary artery disease or type 2 diabetes. We communicate the Genetic Results to you in the App in two health areas as follows:

Heart. The Heart Genetic Result is based on your genetic risk of developing coronary artery disease compared to other people with similar genetic background.
Metabolism. The Metabolism Genetic Result is based on your genetic risk of developing type 2 diabetes compared to other people with similar genetic background.

In addition, our proprietary technology produces summary information from your genome called genetic contributors that summarize the information we use to calculate the Genetic Results: heart health genetics and diabetes genetics. We will communicate these genetic contributors to you in the App.

If you have used the Blood Test and received Blood Test Results in the App, the Genetic Results complement your risk prediction based on your Blood Test by combining information from your DNA (genetic variants across your genome) with your Blood Test Results, resulting in an improved overview of your health based on both lifestyle and genome. We update your overall disease resistance calculations in the Heart and Metabolism health areas with information derived from your raw genetic data. In addition, we show you how your disease resistance based on the analysis of your blood sample compares to your disease resistance based on the information derived from your raw genetic data. By comparing the overall disease resistance to your genetic resistance, you can see whether your lifestyle is improving or decreasing your overall disease resistance.

When calculating your Genetic Results, we do not consider any information on mutations that confer substantial risk, such as, without limitation, mutations in the BRCA1 gene. While we use as much data as possible, the scientific research we rely on includes more information from individuals of European ancestry than most other parts of the world, so the accuracy of your results may vary depending on your genetic background.

You will find more information on the Genetic Results in the App. If you have any questions regarding the Genetic Results, you may also contact us using the contact details provided in Section 22.

We may change the contents of the Genetic Results from time to time. Please visit these Terms to read an up-to-date description of the Genetic Results.

The App includes a function to hide your Genetic Results. We encourage you to consider carefully where and with whom you decide to share your Genetic Results.

9 Disclaimers

The Blood Test Results, the Genetic Results, and other content available in the App are not a medical diagnosis issued by a medical doctor and cannot be used alone as a basis for medical diagnosis. We recommend you consult your medical doctor regularly to obtain a medical diagnosis or if you have any concerns based on your Genetic Results or Blood Test Results. Please also note that the Blood Test Results and the Genetic Results do not cover all factors that might influence your overall risk of developing a certain disease. For example, certain medication, oral contraceptives, or medical conditions may affect the Blood Test Results. In addition, your genes are only responsible for a small fraction of your risk of developing a certain disease, and many environmental factors and lifestyle choices are important in predicting your overall risk. Any intervention or other action you decide to do based on your Blood Test Results, Genetic Results or other content available in the App is entirely at your own risk.

We are not able to verify the reliability or accuracy of the raw genetic data that you share with us as it has been obtained from a third-party service provider. Nightingale Health is not responsible for any content or other matter associated with a third-party DNA analysis service, and your use of or reliance on the contents of a service provided by a third-party is at your own risk and subject to the terms and conditions of the third-party service. If your raw genetic data is in any way insufficient, corrupted, or insecure, we reserve the right not to analyze the raw genetic data and not to provide the Genetic Results to you.

10 Gift Cards

You can purchase a gift card for a Health Plan in the shop section of the App or the Webshop, or through our authorized distributors.

You can redeem a gift card in the App by entering the code in your gift card to the predetermined spot in the shop section of the App. Please note that gift cards may include additional terms and conditions regarding the use and purchase with the gift card, which you must comply with when using the gift card.

A gift card purchased through us is valid for and must be redeemed within six (6) months from the purchase of the gift card, unless otherwise required by the applicable mandatory law. Each gift card may only be used once. Gift cards cannot be exchanged for cash.

We deliver a gift card purchased through us by email immediately following completion of the purchase. For delivery of a gift card purchased through our authorized distributor, please consult the distributor’s delivery terms.

11 Pricing and Payment Terms

If you purchase a Health Plan or gift card through us in the App or the Webshop, the price of the Health Plan or gift card, including applicable taxes, shipping costs, and other possible charges, is the price indicated on the order page when you proceed with the purchase. Payment for your chosen Health Plan or gift card must be made at the time of your purchase. Information on available payment methods is communicated to you in connection with the ordering process. We reserve the right to change or discontinue a payment method at any time with effect for future purchases.

If you have a discount code, you can use it in connection to your purchase in the App or the Webshop. Please note that specific terms and conditions, such as period of validity, might apply to the use of a discount code, which you must comply with.

If you purchase a Health Plan or gift card through our authorized distributor, the price of the Health Plan or gift card is the price indicated by the authorized distributor on their website or physical store and payment must be made in accordance with the distributor’s payment terms.

12 Right of Withdrawal

If you purchase a Health Plan or gift card through the App or the Webshop, you have a statutory right of withdrawal for fourteen (14) days of purchase. If you would like to exercise your right of withdrawal, please follow the withdrawal instructions below:

Withdrawal Instructions

Right of Withdrawal

You have the right to withdraw from the contract regarding purchase of a Health Plan or gift card within fourteen (14) days of purchase (withdrawal period) without giving any reason for the withdrawal.

To exercise your right of withdrawal, send us an unequivocal notice where you communicate your decision to withdraw from the contract (notice of withdrawal). You can use the withdrawal form available here or notify us via email (support@nightingalehealth.com) or post (Nightingale Health Plc, Mannerheimintie 164a, 00300 Helsinki, Finland) or phone (+358 20 730 1812). If you exercise your right of withdrawal, we will send you a confirmation email to acknowledge receipt of your withdrawal notice.

To meet the withdrawal deadline, it is sufficient that you send your notice of withdrawal to us before expiry of the withdrawal period.

Effects of Withdrawal

If you withdraw from the contract, we will reimburse all payments received from you, without undue delay and in any event not later than fourteen (14) days from the date on which we receive your notice of withdrawal. We will make the reimbursement using the same payment method that you used to make the respective purchase unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

If by the time of our receipt of your notice of withdrawal we have already sent the Kit to you or the user of the Service, you or the user of the Service must return the Kit to us (Nightingale Health Plc, Mannerheimintie 164a, 00300 Helsinki, Finland) without undue delay and in any case no later than within fourteen (14) days from the date of your notice of withdrawal or your or the user’s receipt of the Kit, whichever occurs later. You must pay the direct costs of returning the Kit to us. We may refuse reimbursement until we have received the Kit or until you have provided proof that the Kit has been returned to us, whichever occurs earlier.

Restrictions of Right of Withdrawal

For health and hygiene reasons, the Kit is a sealed good which must be returned unopened in its original packaging. If the Kit has been opened by the time of withdrawal, reimbursement for the respective Health Plan or gift card is no longer possible.

End of Withdrawal Instructions

If you have purchased a Health Plan or gift card through our authorized distributor, please consult the distributor’s terms and conditions to find out more about your right of withdrawal.

13 Defective Delivery

If the Kit has been lost or damaged during delivery, you may request us to send you a new Kit by contacting us in reasonable time at support@nightingalehealth.com. Under the applicable mandatory law, you may also have the right to cancel your purchase due to defective delivery. If you would like to exercise your statutory cancellation right, please contact us at support@nightingalehealth.com. We may request you to return the damaged Kit to us without any cost to you. Your statutory warranty rights in case of defects of the Kit or the Service remain unaffected, but you shall only be entitled to claim for damages due to defects insofar as our liability is not excluded or limited according to Section 15 below.

If you have purchased a Health Plan through our authorized distributor, please consult the distributor’s terms and conditions to find out more about the handling of damaged goods.

14 Intellectual Property Rights

NIGHTINGALE HEALTH, LIVIT BLOOD COLLECTION KIT, LIVIT, and LIVIT BY NIGHTINGALE HEALTH are trademarks of Nightingale Health. The Service, the App, the Webshop, the Kit, the underlying technology, and the contents of any of the foregoing are protected by copyright, trademarks, patents, and other intellectual property rights. Nightingale Health or its licensors own all intellectual property rights related to, or displayed in, the Service, the App, the Webshop, the Blood Test, the Kit, the Instructions, and other materials made available by Nightingale Health for the purposes of the Service. Unless otherwise expressly set forth in these Terms, Nightingale Health does not grant you any license or other right to use any of the above-mentioned intellectual property rights, nor do we sell the App to you.

If you provide any recommendations or feedback to Nightingale Health, you acknowledge and agree that Nightingale Health may use such recommendations and feedback, without any attribution or compensation to any party, for any purpose, including, without limitation, to improve the Service, the App, the Webshop, the Blood Test, and the Kit. This does not apply to the processing of your personal data which will be done in accordance with the Privacy Policy.

15 Liability

Nightingale Health is responsible for defects, delays, and damage pertaining to the Service in accordance with applicable mandatory law. Nothing in these Terms shall be construed as us excluding or limiting in any way our liability to you where it would be unlawful to do so. This includes liability for damage caused by willful misconduct, for death or personal injury caused by our negligence or the negligence of our employees, representatives, agents, or subcontractors, and for fraud or fraudulent misrepresentation.

To the extent permitted by applicable mandatory law:

Nightingale Health’s maximum liability for any responsibility pertaining to the Service is limited to the amount you paid (or someone paid on your behalf) for the Service during twelve (12) months preceding the event giving rise to the liability or one hundred euros (EUR 100), where no amount is paid to us;
Nightingale Health’s liability is limited to foreseeable, typical losses and damage, and Nightingale Health is not liable for any indirect, special, punitive, or consequential damage;
Nightingale Health is not liable for damage caused by a force majeure event beyond Nightingale Health’s reasonable control;
You are responsible for your misuse of the Service (including, without limitation, misuse of the Kit), and for your breach of these Terms or the Instructions, and for the consequences of any such misuse or breach; and
Nightingale Health assumes no responsibility for the use of the Service or the Kit inconsistent with these Terms or the Instructions.

16 Data Protection

We process personal data in accordance with the requirements of the EU General Data Protection Regulation 2016/679 and other applicable mandatory data protection laws. For a full description of Nightingale Health’s data protection principles, see the Privacy Policy.

17 Subcontracting

Nightingale Health is entitled to use subcontractors to fulfil any of its obligations pertaining to the Service without separate permission from you.

18 Changes to the Terms

We reserve the right to revise these Terms from time to time to reflect changes in the applicable laws or best practices or to deal with changes to the App or the Service (such as new features). We will notify you of changes to these Terms in the App. If you do not accept the notified changes you cannot continue to use the App or the Service. Notwithstanding the foregoing, the version of the Terms which is in force at the time you purchase a Health Plan will be the Terms which govern your use of the Health Plan, unless a change in the applicable mandatory law requires otherwise. Please check this page before you purchase a Health Plan, as the current version of the Terms may be different from the version which applied to your previous purchase.

19 Third Party Links

The App and the Webshop contain links to websites maintained by third parties. Such links are provided for your convenience only and do not reflect any endorsement by Nightingale Health with respect to the third-party site or the quality, reliability, or any other characteristics thereof. Nightingale Health is not responsible for any content or other matter associated with a third-party site, and your use of or reliance on the contents of a third-party site is at your own risk and subject to the terms and conditions applicable to the third-party site.

20 Other Terms

You may not assign or transfer your rights or your obligations under these Terms to any third party without our prior written consent.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, illegal, or otherwise unenforceable, the remaining paragraphs will remain in full force and effect.

These Terms, the Privacy Policy, the Instructions, and information communicated to you in the App or the Webshop in connection with your purchase constitute the entire agreement relating to the Service, and no other communications, whether oral or written, are considered as part of the agreement. Notwithstanding the generality of the foregoing, the terms and conditions of an authorized distributor concerning purchase of a Health Plan or a gift card apply to your purchase of the Health Plan or gift card through the authorized distributor as described in such terms and conditions.

These Terms do not give rise to any rights to third parties to enforce these Terms. No delay or failure by us to exercise any powers, rights, or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights, or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Nightingale Health.

21 Applicable Law and Dispute Resolution

These Terms are governed by the laws of the country where we deliver the Service to you. If no mandatory governing law has been determined in the laws of the country where we deliver the Service to you, these Terms shall be governed by the laws of Finland excluding its choice of law provisions.

We are willing to participate in dispute resolution proceedings of the consumer arbitration bodies. If we fail to resolve a dispute relating to these Terms by negotiations, you may contact your local consumer dispute authority. Upon request, we will provide you with more information on how to contact and submit an application to your local authority. If you are a consumer in the EU, you can also contact the EU Consumer Dispute Resolution available through this link. In addition, you may submit a dispute to your local court competent to resolve a dispute relating to these Terms between you and us.

22 Contact Us

If you have any questions, feedback, or complaints, please contact us:

by email at support@nightingalehealth.com (please do not share any sensitive information, such as health data, via the support email – upon request, we provide you an alternative method for that purpose);
by post at Nightingale Health Plc, Mannerheimintie 164a, 00300 Helsinki, Finland; or
by phone at +358 20 730 1812.

Previous versions of Terms of Service