Previous versions of Livit by Nightingale Health™ Consumer Terms of Service

Effective from 20 February 2023

These Livit by Nightingale Health™ Consumer Terms of Service (“Terms”) set forth the terms and conditions for using the Livit by Nightingale Health™ consumer service (“Service”) brought to you by Nightingale Health Plc or its group company (“Nightingale Health”, “we”, “us”). The purpose of the Service is to provide you 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 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 we offer consist of the following:

• Livit by Nightingale Health™ App. We offer you the possibility to access, free of charge, general health and wellness content on our mobile application called Livit by Nightingale Health™ (“App”). Before accessing the free content, you must register and create a Livit account ("Account”) in the App. You can find more information on the use and content of the App in Section 3.
• Livit Blood Collection Kit™ 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 (“Blood Test”). For each Blood Test, you take a fingerprick blood sample at home with our easy-to-use blood collection package called Livit Blood Collection Kit™, a CE marked medical device (“Kit”), and send it 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 the analysis results (“Blood Test Results”) and related content to you in the App. You can find more information on our Blood Test plans ("Health Plan(s)”) available for purchase in Section 4.
• Livit by Nightingale Health™ Genetic Results. After you have used our Blood Test and received your Blood Test Results in the App, we offer you a possibility, free of charge, to deepen your understanding about your health by uploading your raw genetic data to the Service to receive genetic results in specific health areas ("Genetic Results”). 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 7.

To access and use the Service, you must be at least 18 years old and must agree to be bound by these Terms and our Livit by Nightingale Health™ Privacy Policy (“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, our webshop available at shop.nightingalehealth.com ("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 10.

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

2 Livit 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 conclude with us, and you will also not be able to access such 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, please contact us 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).

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 11 below. 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.

3 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, provided that 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.

4 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 a possibility to follow up 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 conclude with us, and you will also not be able to access such 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.

5 Delivery and Use of Kit

To ensure timely delivery of Kit(s) included in your Health Plan, you must provide 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 delivered together with the Kit (“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 at support@nightingalehealth.com if you are unsure of whether a specific health condition may affect the use of the Kit and/or the Blood Test Results (however, please do not share any sensitive information, such as your specific medical condition, via our support email – upon request, we provide you an alternative method for that purpose).

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 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.

6 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 (“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.
• 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.
• Heart Health. 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.
• Mind Health. 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 Health Indicators and the Blood Test Contributors in the App. If you have any questions regarding the Health Indicators, the Blood Test Contributors, or the Blood Test Results in general, you may also contact us 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.

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.

7 Genetic Results

The Genetic Results are only available to end customers who have used the Blood Test and received Blood Test Results in the App, and 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 includes information on positions in your genome that commonly vary between people and contribute to your risk of developing coronary artery disease or type 2 diabetes. The raw genetic data uploaded to your Account must be your own, and uploading someone else’s raw genetic data is strictly prohibited.

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 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. 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. We communicate the Genetic Results to you in the App in two health areas as follows:

• Heart Health. The Heart Health Genetic Result is based on your genetic risk of developing coronary artery disease compared to other people with similar genetic background. We update your overall heart disease resistance calculation with information derived from your raw genetic data. In addition, we show you how your heart disease resistance based on the analysis of your blood sample compares to your heart disease resistance based on the information derived from your raw genetic data. By comparing the overall heart disease resistance to your genetic heart disease resistance, you can see whether your lifestyle is improving or decreasing your overall heart disease resistance.
• Metabolism. The Metabolism Genetic Result is based on your genetic risk of developing type 2 diabetes compared to other people with similar genetic background. We update your overall diabetes resistance calculation with information derived from your raw genetic data. In addition, we show you how your diabetes resistance based on the analysis of your blood sample compares to your diabetes resistance based on the information derived from your raw genetic data. By comparing the overall diabetes resistance to your genetic diabetes resistance, you can see whether your lifestyle is improving or decreasing your overall diabetes resistance.

In addition, our proprietary technology produces summary information from your genome called “Genetic Contributors” that summarize the information used to calculate the Genetic Results. We will communicate the following Genetic Contributors to you in the App: Heart Health Genetics and Diabetes Genetics.

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.

You will find more information on the Genetic Results and the Genetic Contributors in the App. If you have any questions regarding the Genetic Results or the Genetic Contributors, you may also contact us 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.

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.

8 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 applicable to 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.

9 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 authorize distributor, please consult the distributor’s delivery terms.

10 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.

11 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.

12 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 14 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.

13 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 and/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 and/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/or the Kit. This does not apply to processing of your personal data which will be done in accordance with the Privacy Policy.

14 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.

15 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 full description of Nightingale Health’s data protection principles, see the Privacy Policy.

16 Subcontracting

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

17 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.

18 Third Party Links

The App contains 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.

19 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.

20 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 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.

21 Contact Us

If you have any questions, feedback, or complaints about the Service, these Terms, Nightingale Health, maintaining or improving your health and wellbeing, please contact us:

• by phone at +358 20 730 1812;
• 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); or
• by post at Nightingale Health Plc, Mannerheimintie 164a, 00300 Helsinki, Finland.

Effective from 30 January 2023

These Livit by Nightingale Health™ Consumer Terms of Service (“Terms”) set forth the terms and conditions for using the Livit by Nightingale Health™ consumer service (“Service”) brought to you by Nightingale Health Plc or its group company (“Nightingale Health”, “we”, “us”). The purpose of the Service is to provide you 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 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 we offer consist of the following:

• Livit by Nightingale Health™ App. We offer you the possibility to access, free of charge, general health and wellness content on our mobile application called Livit by Nightingale Health™ (“App”). Before accessing the free content, you must register and create a Livit account ("Account”) in the App. You can find more information on the use and content of the App in Section 3.
• Livit Blood Collection Kit™ 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 (“Blood Test”). For each Blood Test, you take a fingerprick blood sample at home with our easy-to-use blood collection package called Livit Blood Collection Kit™, a CE marked medical device (“Kit”), and send it 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 the analysis results (“Blood Test Results”) and related content to you in the App. You can find more information on our Blood Test plans ("Health Plan(s)”) available for purchase in Section 4.
• Livit by Nightingale Health™ Genetic Results. After you have used our Blood Test and received your Blood Test Results in the App, we offer you a possibility, free of charge, to deepen your understanding about your health by uploading your raw genetic data to the Service to receive genetic results in specific health areas ("Genetic Results”). 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 7.

To access and use the Service, you must be at least 18 years old and must agree to be bound by these Terms and our Livit by Nightingale Health™ Privacy Policy (“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 to find out whether a specific Service component is available in your country.

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

2 Livit 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 conclude with us, and you will also not be able to access such 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, please contact us 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).

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 11 below. 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.

3 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, provided that 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.

4 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 a possibility to follow up 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 in the App, 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 conclude with us, and you will also not be able to access such copy in the App 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.

5 Delivery and Use of Kit

To ensure timely delivery of Kit(s) included in your Health Plan, you must provide 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 the App, 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 delivered together with the Kit (“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 at support@nightingalehealth.com if you are unsure of whether a specific health condition may affect the use of the Kit and/or the Blood Test Results (however, please do not share any sensitive information, such as your specific medical condition, via our support email – upon request, we provide you an alternative method for that purpose).

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 in the App.

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 whether you had purchased a Health Plan through the App or our authorized distributor. We 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.

6 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 (“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.
• 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.
• Heart Health. 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.
• Mind Health. 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 Health Indicators and the Blood Test Contributors in the App. If you have any questions regarding the Health Indicators, the Blood Test Contributors, or the Blood Test Results in general, you may also contact us 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.

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.

7 Genetic Results

The Genetic Results are only available to end customers who have used the Blood Test and received Blood Test Results in the App, and 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 includes information on positions in your genome that commonly vary between people and contribute to your risk of developing coronary artery disease or type 2 diabetes. The raw genetic data uploaded to your Account must be your own, and uploading someone else’s raw genetic data is strictly prohibited.

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 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. 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. We communicate the Genetic Results to you in the App in two health areas as follows:

• Heart Health. The Heart Health Genetic Result is based on your genetic risk of developing coronary artery disease compared to other people with similar genetic background. We update your overall heart disease resistance calculation with information derived from your raw genetic data. In addition, we show you how your heart disease resistance based on the analysis of your blood sample compares to your heart disease resistance based on the information derived from your raw genetic data. By comparing the overall heart disease resistance to your genetic heart disease resistance, you can see whether your lifestyle is improving or decreasing your overall heart disease resistance.
• Metabolism. The Metabolism Genetic Result is based on your genetic risk of developing type 2 diabetes compared to other people with similar genetic background. We update your overall diabetes resistance calculation with information derived from your raw genetic data. In addition, we show you how your diabetes resistance based on the analysis of your blood sample compares to your diabetes resistance based on the information derived from your raw genetic data. By comparing the overall diabetes resistance to your genetic diabetes resistance, you can see whether your lifestyle is improving or decreasing your overall diabetes resistance.

In addition, our proprietary technology produces summary information from your genome called “Genetic Contributors” that summarize the information used to calculate the Genetic Results. We will communicate the following Genetic Contributors to you in the App: Heart Health Genetics and Diabetes Genetics.

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.

You will find more information on the Genetic Results and the Genetic Contributors in the App. If you have any questions regarding the Genetic Results or the Genetic Contributors, you may also contact us 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.

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.

8 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 applicable to 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.

9 Gift Cards

You can purchase a gift card for a Health Plan in the shop section of the App 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 in the App by email immediately following completion of the purchase. For delivery of a gift card purchased through our authorize distributor, please consult the distributor’s delivery terms.

10 Pricing and Payment Terms

If you purchase a Health Plan or gift card through us in the App, 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. Please note that specific terms and conditions, such as period of validity, might apply to the use of a discount code, and you must comply with such terms and conditions when using the discount code.

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.

11 Right of Withdrawal

If you purchase a Health Plan or gift card through the App, 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.

12 Defective Delivery

If the Kit you receive has been damaged, 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 14 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.

13 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 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 and/or its licensors own all intellectual property rights related to, or displayed in, the Service, the App, 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 and/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 Blood Test, and/or the Kit. This does not apply to processing of your personal data which will be done in accordance with the Privacy Policy.

14 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, or 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.

15 Data Protection and Privacy

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 full description of Nightingale Health’s data protection principles, see the Privacy Policy.

16 Subcontracting

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

17 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.

18 Third Party Links

The App contains 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.

19 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 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.

20 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 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.

21 Contact Us

If you have any questions, feedback, or complaints about the Service, these Terms, Nightingale Health, maintaining or improving your health and wellbeing, please contact us:

• by phone at +358 20 730 1812;
• 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); or
• by post at Nightingale Health Plc, Mannerheimintie 164a, 00300 Helsinki, Finland.

Effective from 28 November 2022

These Livit by Nightingale Health™ Consumer Terms of Service (“Terms”) set forth the terms and conditions for using the Livit by Nightingale Health™ consumer service (“Service”) brought to you by Nightingale Health Plc or its group company (“Nightingale Health”, “we”, “us”). The purpose of the Service is to provide you 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 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 we offer consist of the following:

• Livit by Nightingale Health™ App. We offer you the possibility to access, free of charge, general health and wellness content on our mobile application called Livit by Nightingale Health™ (“App”). Before accessing the free content, you must register and answer a few simple baseline questions regarding you and your goals. Based on your answers, we offer you an estimate of healthy years people with similar baseline to you are likely to have during their life (“Baseline Estimate”). The Baseline Estimate does not include any blood test results and is based on your baseline information only. The Baseline Estimate represents a statistical range of healthy years people with similar baseline to you are likely to have during their life, and your exact number of healthy years can be higher or lower. You also have access to 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. We may change the free content from time to time.
• Livit Blood Collection Kit™ 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 (“Blood Test”). For each Blood Test, you take a fingerprick blood sample at home with our easy-to-use blood collection package called Livit Blood Collection Kit™, a CE marked medical device (“Kit”), and send it 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 the analysis results (“Results”) and related content to you in the App. You can find more information on our Blood Test plans ("Health Plan(s)”) available for purchase in Section 4. We may change the contents of the Blood Test, Results, and Health Plans from time to time.

To access and use the Service, you must be at least 18 years old and must agree to be bound by these Terms and our Livit by Nightingale Health™ Privacy Policy (“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.

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

2 Livit Account and Contract Formation

Before accessing or using the Service, you must create a Livit account (“Account”) in the App. In connection with registration, we will ask you to fill in the baseline information about you and your goals. To receive accurate Baseline Estimate and Results, please make sure to provide correct and up-to-date information. Please visit our Privacy Policy to find out how we process your personal data.

A contract for the use of the App between Nightingale Health and you is formed when you create the Account in the App 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 conclude with us, and you will also not be able to access such copy in the App after conclusion of the contract. However, you can always access these Terms in the settings section of the App. For information on forming a contract to purchase a Health Plan, please see Section 4 below.

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. However, please note that modification of certain baseline information will only affect your future Results and not automatically update your Baseline Estimate or Results that have already been calculated and delivered to you in the App. If you have any questions, please contact us 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).

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 9 below. 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.

3 Access and Use of the App

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

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, provided that 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.

4 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 a possibility to follow up on how changes in your lifestyle affect your Results by purchasing one of our fixed-term Health Plans. You can choose the amount of Kits you receive during the fixed term, and we will send the ordered amount 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 in the App, 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 conclude with us, and you will also not be able to access such copy in the App 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.

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

5 Delivery and Use of Kit

To ensure timely delivery of Kit(s) included in your Health Plan, you must provide 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 the App, 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 delivered together with the Kit (“Instructions”). The Kit is intended for single use only. Not following the Instructions can result in inaccurate Results or Nightingale Health’s inability to process your blood sample and deliver the 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 at support@nightingalehealth.com if you are unsure of whether a specific health condition may affect the use of the Kit and/or the Results (however, please do not share any sensitive information, such as your specific medical condition, via our support email – upon request, we provide you an alternative method for that purpose).

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 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. 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 Results within approximately seven (7) business days of receiving the blood sample. We provide the Results in the App regardless of whether you had purchased a Health Plan through the App or our authorized distributor. We send you a text message when your Results are ready. We will make every reasonable effort to ensure that your Results are delivered within the estimated timescale.

6 Baseline Estimate and Results

The Baseline Estimate is based on the baseline information you have shared with us and represents a statistical range of healthy years people with similar baseline to you are likely to have during their life. We calculate your Baseline Estimate using our proprietary algorithms developed based on findings from scientific research and using large population health data sets that show how certain baseline factors correlate with common chronic diseases as well as other health conditions. The Baseline Estimate is intended purely for the purpose of encouraging healthy lifestyle to sustain general health and wellbeing.

The 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 Results to you in the form of validated, CE marked health indicators (“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.
• 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.
• Heart Health. 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.
• Mind Health. 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 Health Indicators and the Blood Test Contributors in the App. If you have any questions regarding the Health Indicators, the Blood Test Contributors, or the Results in general, you may also contact us 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.

The Baseline Estimate and the Results 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. Please also note that the Baseline Estimate and the 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 Results. Any intervention or other action you decide to do based on your Baseline Estimate or Results is entirely at your own risk.

The App includes a function to share your Results in the social media or through other channels. Sharing is completely voluntary, and we encourage you to consider carefully where and with whom you decide to share your Results.

7 Gift Cards

You can purchase a gift card for a Health Plan in the shop section of the App 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 in the App by email immediately following completion of the purchase. For delivery of a gift card purchased through our authorize distributor, please consult the distributor’s delivery terms.

8 Pricing and Payment Terms

If you purchase a Health Plan or gift card through us in the App, 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. Please note that specific terms and conditions, such as period of validity, might apply to the use of a discount code, and you must comply with such terms and conditions when using the discount code.

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.

9 Right of Withdrawal

If you purchase a Health Plan or gift card through the App, 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.

10 Defective Delivery

If the Kit you receive has been damaged, 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 12 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.

11 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 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 and/or its licensors own all intellectual property rights related to, or displayed in, the Service, the App, 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 and/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 Blood Test, and/or the Kit. This does not apply to processing of your personal data which will be done in accordance with the Privacy Policy.

12 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, or 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.

13 Data Protection and Privacy

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 full description of Nightingale Health’s data protection principles, see the Privacy Policy.

14 Subcontracting

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

15 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.

16 Third Party Links

The App contains 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.

17 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 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.

18 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 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.

19 Contact Us

If you have any questions, feedback, or complaints about the Service, these Terms, Nightingale Health, maintaining or improving your health and wellbeing, please contact us:

• by phone at +358 20 730 1812;
• 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); or
• by post at Nightingale Health Plc, Mannerheimintie 164a, 00300 Helsinki, Finland.

Effective from 15 June 2022

These Livit by Nightingale Health™ Consumer Terms of Service (“Terms”) set forth the terms and conditions for using the Livit by Nightingale Health™ consumer service (“Service”) brought to you by Nightingale Health Plc or its group company (“Nightingale Health”, “we”, “us”). The purpose of the Service is to provide you 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 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 we offer consist of the following:

• Livit by Nightingale Health™ App. We offer you the possibility to access, free of charge, general health content on our mobile application called Livit by Nightingale Health™ (“App”). Before accessing the free content, you must register and answer a few simple baseline questions regarding you and your goals. Based on your answers, we offer you an estimate of healthy years people with similar baseline to you are likely to have during their life (“Baseline Estimate”). The Baseline Estimate does not include any blood test results and is based on your baseline information only. The Baseline Estimate represents a statistical range of healthy years people with similar baseline to you are likely to have during their life, and your exact number of healthy years can be higher or lower. You will also have access to health articles and other varying content focusing on factors and habits that have been shown to help in maintaining and improving health and wellbeing. We may change the free content from time to time.
• Nightingale Kit™ 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 (“Blood Test”). For each Blood Test, you take a fingerprick blood sample at home with our easy-to-use blood collection package called Nightingale Kit™, a CE marked medical device (“Nightingale Kit”), and send it to us for analysis. Nightingale Kit includes all necessary items for you to take and send your blood sample to us. When we receive the Nightingale Kit with your blood sample in it, we analyze the sample using our proprietary technology and deliver the analysis results (“Results”) and related content to you in the App. You can find more information on our Blood Test plans ("Health Plan(s)”) available for purchase in Section 4.

By accessing or using the Service, you warrant that you are at least 18 years old and agree to be bound by these Terms and our Livit by Nightingale Health™ Privacy Policy (“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, you warrant that the user of the Health Plan is at least 18 years old and has full legal authority to accept and be bound by these Terms.

Nightingale Health is the legal manufacturer of the Nightingale Kit and responsible for the Service in accordance with the applicable mandatory legislation. You must use the Service in compliance with all applicable laws.

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 ensure that you have a compatible mobile device, operating system, and internet connection to access and use the Service.

At times, the Service may be inaccessible, for example, due to causes beyond Nightingale Health’s reasonable control.

Resale of the Service is prohibited without Nightingale Health’s prior written authorization.

2 Livit Account

Before accessing or using the Service, you must create a Livit account (“Account”) in the App. In connection with registration, we will ask you to fill in the baseline information about you and your goals. To receive accurate Baseline Estimate and Results, please make sure to provide correct and up-to-date information. Please visit our Privacy Policy to find out how we process and secure your personal data.

You are responsible for keeping your Account credentials and details confidential and up to date. You are fully responsible for all activities that occur under your Account, and you shall notify Nightingale Health immediately of any unauthorized access to or use of your Account. 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.

You may access and modify your Account credentials and details in the App. However, please note that modification of certain baseline information will only affect your future Results and not automatically update your Baseline Estimate or Results that have already been calculated and delivered to you in the App. If you have any questions, please contact us 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).

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 refund for a Health Plan is only available as described in Section 8 below. 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.

3 Access and Use of the App

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

You acknowledge and agree that 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 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. You must always access and use the Service through the latest version of the App.

You may not use the App for any other purpose than to access and use the Service. 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. 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.

4 Health Plans

We offer the Blood Test for sale in the form of different Health Plans. Please 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) Nightingale Kit after you have completed the ordering process, including payment.
• Fixed-Term Health Plans. You can benefit from a possibility to follow up on how changes in your lifestyle affect your Results by purchasing one of our fixed-term Health Plans. You can choose the amount of Nightingale Kits you receive during the fixed term, and we will send the ordered amount to you in accordance with your chosen plan (once every six, four, or three months). A fixed-term Health Plan cannot be terminated during the fixed term and the Health Plan does not renew automatically. However, you benefit from an affordable price and have a statutory cancellation right for fourteen (14) days of purchase in accordance with Section 8.

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

To ensure timely delivery, you are solely responsible for providing correct address and other required details in connection with your order. We reserve the right to refuse any incorrect or incomplete order at our discretion. For Health Plans ordered through the App, we normally ship the first Nightingale Kit within five (5) business days, and depending on your chosen Health Plan, the remaining Nightingale Kits 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.

Nightingale Kit must be used in accordance with the instructions delivered together with the Nightingale Kit (“Instructions”). Nightingale Kit is intended for single use only. Not following the Instructions can result in inaccurate Results or Nightingale Health’s inability to process your blood sample and deliver the 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. Please contact us at support@nightingalehealth.com if you are unsure of whether a specific health condition may affect the use of the Nightingale Kit and/or the Results (however, please do not share any sensitive information, such as your specific medical condition, via our support email – upon request, we provide you an alternative method for that purpose).

Nightingale Kit must be used within forty-five (45) calendar days from the date when you receive the Nightingale Kit, and always before the expiry date marked in the packaging of the Nightingale 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 Nightingale Kit, or any part thereof.

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

Before you take the fingerprick blood sample in accordance with the Instructions, you must register the Nightingale Kit in the App. The Nightingale Kit must be registered under the user’s Account and including someone else’s blood sample in the Nightingale Kit is strictly prohibited. If you have ordered a Health Plan for someone else, they must use or create their own Account to register the Nightingale Kit. After sampling, you must send the Nightingale Kit with your blood sample in it to us within twenty-four (24) hours in accordance with the return instructions included in the Instructions.

After receipt of your registered and correctly used Nightingale Kit, we will start processing your blood sample and aim to provide your Results within seven (7) business days. We provide the Results in the App regardless of whether you had purchased a Health Plan through the App or our authorized distributor. We send you a text message when your Results are ready. We will make every reasonable effort to ensure that your Results are delivered within the estimated timescale.

5 Baseline Estimate and Results

The Baseline Estimate is based on the baseline information you have shared with us and represents a statistical range of healthy years people with similar baseline to you are likely to have during their life. We calculate your Baseline Estimate using our proprietary algorithms developed based on findings from scientific research and using large population health data sets that show how certain baseline factors correlate with common chronic diseases as well as other health conditions. The Baseline Estimate is intended purely for the purpose of encouraging healthy lifestyle to sustain general health and wellbeing.

The 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 Results to you in the form of validated, CE marked health indicators (“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.
• 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.
• Heart Health. 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.
• Mind Health. 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 Health Indicators and the Blood Test Contributors in the App. If you have any questions regarding the Health Indicators, the Blood Test Contributors, or the Results in general, you may also contact us 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.

The Baseline Estimate and the Results are not a medical diagnosis issued by a medical doctor and as such cannot be used as a basis for diagnosis. We recommend you consult your medical doctor to obtain a medical diagnosis. Please also note that the Baseline Estimate and the 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 Results. Any intervention or other action you decide to do based on your Baseline Estimate or Results is entirely at your own risk.

6 Gift Card Vouchers

You can purchase a gift card voucher for a Health Plan by contacting us at support@nightingalehealth.com or through our authorized distributors. A gift card voucher is valid for and must be redeemed within six (6) months from the purchase of the gift card voucher.

Gift card vouchers purchased through Nightingale Health will be delivered by email. For delivery of gift card vouchers purchased through our authorize distributor, please consult the distributor’s delivery terms.

7 Pricing and Payment Terms

If you purchase a Health Plan through the App, the price of the Health Plan, including applicable taxes and other possible charges, is the price indicated on the order page when you proceed with the 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.

Payment for your chosen Health Plan purchased through the App must be made at the time of your purchase. After payment, we will send you an email to confirm your purchase. If you purchase a Health Plan through our authorized distributor, the price of the Health Plan 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.

8 Cancellation Right and Return of Damaged Goods

If you purchase a Health Plan through the App, you have a statutory cancellation right for fourteen (14) days of purchase. If you wish to cancel your purchase and get a refund, 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) or by using the cancellation form available here. The notice of cancellation must be made before expiry of the cancellation period.

If you use your cancellation right, we will refund all payments made by you, including possible shipping costs, without delay and at the latest within fourteen (14) days of receiving your notice of cancellation, however not before we receive the unused Nightingale Kit that we will ask you to return as described below. We will make the refund using the same payment method that you used to make the purchase. However, you must pay the shipping costs for returning the Nightingale Kit.

If you have already used the Nightingale Kit by the time of your cancellation, a refund is no longer possible. If we have already sent you the Nightingale Kit by the time of your cancellation, but you have not yet used the Nightingale Kit, a refund requires that you return the unused Nightingale Kit to us without delay, and at the latest within fourteen (14) days of your notice of cancellation or your receipt of the Nightingale Kit, whichever occurs later. For hygiene, safety, and health reasons, “unused” means that the Nightingale Kit must be unopened in its original packaging.

If the Nightingale Kit you receive has been damaged, you may request us to send you a new Nightingale 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 Nightingale Kit to us without any cost to you.

Please note that only returning or not collecting the Nightingale Kit from the post without a separate notice to us does not suffice to cancel the service agreement or enable us to send you a new Nightingale Kit to replace a damaged one. You are responsible for proving that sufficient notice has been made to Nightingale Health.

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 applicable cancellation process and handling of damaged goods.

9 Intellectual Property Rights

NIGHTINGALE HEALTH, NIGHTINGALE KIT, LIVIT, and LIVIT BY NIGHTINGALE HEALTH are trademarks of Nightingale Health. The Service, the App, the Nightingale Kit, the underlying technology, and the contents of any of the foregoing are protected by copyright, trademarks, patents, and other intellectual property rights. You acknowledge and agree that Nightingale Health and/or its licensors own all intellectual property rights related to, or displayed in, the Service, the App, the Blood Test, the Nightingale 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.

If you provide any recommendations and/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 Blood Test, and/or the Nightingale Kit. This does not apply to processing of your personal data which will be done in accordance with the Privacy Policy.

10 Liability

Nightingale Health is responsible for defects, delays, and damage pertaining to the Service in accordance with applicable mandatory law. 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 is not liable for any indirect, special, punitive, or consequential damage; and
• Nightingale Health is not liable for damage caused by a force majeure event beyond Nightingale Health’s reasonable control.

You acknowledge and agree that you are solely responsible for your misuse of the Service (including, without limitation, misuse of the Nightingale Kit), or for your breach of these Terms or the Instructions and the consequences of any such misuse or breach. Nightingale Health assumes no responsibility for the use of the Service or the Nightingale Kit inconsistent with these Terms or the Instructions.

11 Data Protection and Privacy

Nightingale Health is committed to the high standards of data protection and privacy set forth by the EU General Data Protection Regulation 2016/679 and other applicable mandatory data protection laws. Nightingale Health has implemented measures and systems to ensure the confidentiality of your data. For full description of Nightingale Health’s data protection principles, see the Privacy Policy.

12 Subcontracting

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

13 Revisions to the Terms

We reserve the right to revise these Terms from time to time in our sole discretion. The version of the Terms which exists at the time you purchase a Health Plan will be the Terms which govern your use of the Health Plan. However, changes in applicable laws will become effective immediately upon effectiveness of such laws. In addition, we may make such changes to the contents of the Service (including the contents of the App, the Baseline Estimate, and the Results) that do not decrease the components of the Service described in the Terms at the time of your purchase. Please check this page before you purchase a Health Plan, as this version may be different from the version which applied to your previous purchase.

14 Third Party Links

The App contains 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.

15 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 order-related information communicated to you in connection with your order of a Health Plan 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 apply to your purchase of the Health Plan through the authorized distributor as described in such terms and conditions.

16 Applicable Law and Dispute Resolution

These Terms are governed by the laws of the country where you use the Service.

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 more information on how to contact and submit an application to your local authority. If you are a consumer in the European Union (“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.

17 Contact Us

If you have any questions, feedback, or complaints about the Service, these Terms, Nightingale Health, maintaining or improving your health and wellbeing, 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); or
• by post at Nightingale Health Plc, Mannerheimintie 164a, 00300 Helsinki, Finland.

Effective from 21 March 2022

These Livit by Nightingale Health™ Consumer Terms of Service (“Terms”) set forth the terms and conditions for using the Livit by Nightingale Health™ consumer service (“Service”) brought to you by Nightingale Health Plc or its group company (“Nightingale Health”, “we”, “us”). The purpose of the Service is to provide you information that helps you to maintain and improve your health and wellbeing.

1 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 we offer consist of the following:

• Livit by Nightingale Health™ App. We offer you the possibility to access, free of charge, general health content on our mobile application called Livit by Nightingale Health™ (“App”). Before accessing the free content, you must register and answer a few simple baseline questions regarding you and your goals. Based on your answers, we offer you an estimate of healthy years people with similar baseline to you are likely to have during their life (“Baseline Estimate”). The Baseline Estimate does not include any blood test results and is based on your baseline information only. You will also have access to health articles and other varying content focusing on how you can maintain and improve your health and wellbeing. We may change the free content from time to time.
• Nightingale Kit™ 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 (“Blood Test”). For each Blood Test, you take a fingerprick blood sample at home with our easy-to-use blood collection package called Nightingale Kit™, a CE marked medical device (“Nightingale Kit”), and send it to us for analysis. Nightingale Kit includes all necessary items for you to take and send your blood sample to us. When we receive the Nightingale Kit with your blood sample in it, we analyze the sample using our proprietary technology and will deliver the analysis results (“Results”) to you in the App. You can find more information on our Blood Test plans available for purchase in Section 4.

By accessing or using the Service, you warrant that you are at least 18 years old and agree to be bound by these Terms and our Livit by Nightingale Health™ Privacy Policy (“Privacy Policy”). Special attention should be paid to warnings and precautions included in these Terms. If you are buying the Blood Test for someone else, you warrant that the user of the Blood Test is at least 18 years old and has full legal authority to accept and be bound by these Terms.

Nightingale Health is the legal manufacturer of the Nightingale Kit and responsible for the Service in accordance with the applicable mandatory legislation. However, you are solely responsible for compliance with all applicable laws relating to your use of the Service.

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 ensure that you have a compatible mobile device, operating system, and internet connection to access and use the Service.

At times, the Service may be inaccessible, for example, due to causes beyond Nightingale Health’s reasonable control.

The Service is not intended for resale without Nightingale Health’s prior written authorization.

2 Livit Account

Before accessing or using the Service, you must create a Livit account (“Account”) in the App. In connection with registration, we will ask you to fill in the baseline information about you and your goals. To receive accurate Baseline Estimate and Results, please make sure to provide correct and up-to-date information. Please visit our Privacy Policy to find out how we process and secure your personal data.

You are responsible for keeping your Account credentials and details confidential and up to date. You are fully responsible for all activities that occur under your Account, and you shall notify Nightingale Health immediately of any unauthorized access to or use of your Account. 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.

You may access and modify your Account credentials and details in the App. However, please note that modification of certain baseline information will only affect your future Results and not automatically update your Baseline Estimate or Results that have already been calculated and delivered to you in the App. If you have any questions, please contact us at support@nightingalehealth.com.

If you choose to delete your Account, you may do so by contacting us at support@nightingalehealth.com. However, please note that refund for a Blood Test plan is only available as described in Section 8. After deletion of your Account, we will continue to process your personal data in accordance with the Privacy Policy.

Please do not share any sensitive information, such as health data, via the support email support@nightingalehealth.com. Upon request, we provide you an alternative method for that purpose.

3 Access and Use of the App

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

You acknowledge and agree that Nightingale Health may from time to time modify, improve, update, and otherwise change the App, 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. You must always access and use the Service through the latest version of the App.

You may not use the App for any other purpose than to access and use the Service. 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. 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.

4 Nightingale Kit™ Blood Test

We offer the Blood Test for sale in the form of different health plans. Please choose the best plan for you from the available options:

• One-time Blood Test. If you choose our one-time service plan, we send you one (1) Nightingale Kit after you have completed the ordering process, including payment.
• Fixed-Term Health Plans. You can benefit from a possibility to follow up on how changes in your lifestyle affect your Results by purchasing one of our fixed-term health plans. You can choose the amount of Nightingale Kits you receive during the fixed term, and we will send the ordered amount to you in accordance with your chosen plan (e.g., once every four months). A fixed-term health plan cannot be terminated during the fixed term and the plan does not renew automatically. However, you benefit from an affordable price and have a statutory cancellation right for fourteen (14) days of purchase in accordance with Section 8.

Our authorized distributors offer the Blood Test for sale in accordance with their terms and conditions.

To ensure timely delivery, you are solely responsible for providing correct address and other required details in connection with your order. We reserve the right to refuse any incorrect or incomplete order at our discretion. For health plans ordered through the App, we normally ship the first Nightingale Kit within three (3) business days. If you purchase the Blood Test 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.

The Blood Test must be used in accordance with the instructions delivered together with the Nightingale Kit (“Instructions”). Nightingale Kit is intended for single use only. Not following the Instructions can result in inaccurate Results or Nightingale Health’s inability to process your blood sample and deliver the 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 and must be used before the expiry date marked in the packaging of the Nightingale 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 Nightingale Kit, or any part thereof.

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

Before you take the fingerprick blood sample at home in accordance with the Instructions, you must register the Nightingale Kit in the App. The Nightingale Kit must be registered under the user’s Account and including someone else’s blood sample in the Nightingale Kit is strictly prohibited. If you have ordered the Blood Test for someone else, they must use or create their own Account to register the Nightingale Kit. After sampling, you must send the Nightingale Kit with your blood sample in it to us within twenty-four (24) hours in accordance with the return instructions included in the Instructions.

After receipt of your registered and correctly used Nightingale Kit, we will start processing your blood sample and aim to provide your Results within two (2) to seven (7) business days. We provide the Results in the App regardless of whether you have purchased the Blood Test through the App or our authorized distributor. We send you a text message when your Results are ready. We will make every reasonable effort to ensure that your Results are delivered within the estimated timescale.

5 Baseline Estimate and Results

The Baseline Estimate is based on the baseline information you have shared with us and represents a statistical range of healthy years people with similar baseline to you are likely to have during their life. We calculate your Baseline Estimate based on findings from scientific research using our proprietary algorithms and large population health data sets that show how certain baseline factors correlate with common chronic diseases as well as other health conditions. The Baseline Estimate is not a CE marked medical device and is intended purely for the purpose of encouraging healthy lifestyle to sustain general health and wellbeing.

The 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 based on findings from scientific research using our proprietary algorithms and 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 Results to you in the form of validated, CE marked health indicators (“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.
• 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.
• Heart Health. 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.
• Mind Health. 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 marker 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 Health Indicators and the Blood Test Contributors in the App. If you have any questions regarding the Health Indicators, the Blood Test Contributors, or the Results in general, you may also contact us 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.

The Baseline Estimate and the Results cannot be considered as a diagnosis and as such cannot be used as a basis for diagnosis. Please also note that the Baseline Estimate and the 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 Results. Any intervention or other action you decide to do based on your Baseline Estimate or Results is entirely at your own risk.

6 Gift Card Vouchers

You can purchase a gift card voucher for the Blood Test by contacting us at support@nightingalehealth.com or through our authorized distributors. A gift card voucher is valid for and must be redeemed within six (6) months from the purchase of the gift card voucher. Gift card vouchers purchased during our pre-sales campaign are valid for six (6) months from the date when the Service is made commercially available.

Gift card vouchers purchased through Nightingale Health will be delivered either electronically or using postal service, and we will communicate the applicable delivery method to you in connection with the ordering process. For delivery of gift card vouchers purchased through our authorize distributor, please consult the distributor’s delivery terms.

7 Pricing and Payment Terms

If you purchase a health plan through the App, the price of the plan, including applicable taxes and other possible charges, is the price indicated on the order page when you proceed with the purchase. Information on available payment methods is communicated to you in connection with the ordering process. We may change, suspend, or discontinue a payment method at any time.

Payment for your chosen health plan purchased through the App must be made at the time of your purchase. After payment, we will send you an email to confirm your purchase. If you purchase a Blood Test through our authorized distributor, the price of the Blood Test 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.

8 Cancellation Right and Return of Damaged Goods

If you purchase a health plan through the App, you have a statutory cancellation right for fourteen (14) days of purchase. If you wish to cancel your purchase and get a refund, 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) or by using the cancellation form available here. The notice of cancellation must be made before expiry of the cancellation period.

If you use your cancellation right, we will refund all payments made by you, including possible shipping costs, without delay and at the latest within fourteen (14) days of receiving your notice of cancellation, however not before we receive the unused Nightingale Kit that we will ask you to return as described below. We will make the refund using the same payment method that you used to make the purchase. However, you must pay the shipping costs for returning the Nightingale Kit.

If you have already used the Nightingale Kit by the time of your cancellation, a refund is no longer possible. If we have already sent you the Nightingale Kit by the time of your cancellation, but you have not yet used the Nightingale Kit, a refund requires that you return the unused Nightingale Kit to us without delay, and at the latest within fourteen (14) days of your notice of cancellation or your receipt of the Nightingale Kit, whichever occurs later. For hygiene, safety, and health reasons, “unused” means that the Nightingale Kit must be unopened in its original packaging.

If the Nightingale Kit you receive has been damaged in a way that the item can no longer be used for its intended purpose, you may request us to send you a new Nightingale Kit by contacting us as soon as reasonably possible 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). We may request you to return the damaged Nightingale Kit to us without any cost to you.

Please note that only returning or not collecting the Nightingale Kit from the post without a separate notice to us does not suffice to cancel the service agreement or enable us to send you a new Nightingale Kit to replace a damaged one. You are responsible for proving that sufficient notice has been made to Nightingale Health.

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

9 Intellectual Property Rights

NIGHTINGALE HEALTH, NIGHTINGALE KIT, LIVIT, and LIVIT BY NIGHTINGALE HEALTH are trademarks of Nightingale Health. The Service, the App, the Nightingale Kit, the underlying technology, and the contents of any of the foregoing are protected by copyright, trademarks, patents, and other intellectual property rights. You acknowledge and agree that Nightingale Health and/or its licensors own all intellectual property rights related to, or displayed in, the Service, the App, the Blood Test, the Nightingale 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.

If you provide any recommendations and/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 Blood Test, and/or the Nightingale Kit. This does not apply to processing of your personal data which will be done in accordance with the Privacy Policy.

10 Liability

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 is not liable for any indirect, special, punitive, or consequential damage; and
• Nightingale Health is not liable for damage caused by a force majeure event beyond Nightingale Health’s reasonable control.

You acknowledge and agree that you are solely responsible for your misuse of the Service (including, without limitation, misuse of the Nightingale Kit), or for your breach of these Terms or the Instructions and the consequences of any such misuse or breach. Nightingale Health assumes no responsibility for the use of the Service or the Nightingale Kit inconsistent with these Terms or the Instructions.

11 Data Protection and Privacy

Nightingale Health is committed to the high standards of data protection and privacy set forth by the EU General Data Protection Regulation 2016/679 and other applicable mandatory data protection laws. Nightingale Health has implemented measures and systems to ensure the confidentiality of your data. For full description of Nightingale Health’s data protection principles, see the Privacy Policy.

12 Subcontracting

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

13 Revisions to the Terms

We reserve the right to revise these Terms from time to time in our sole discretion. The version of the Terms which exists at the time you purchase a health plan will be the Terms which govern your use of the health plan. However, changes in applicable laws will become effective immediately upon effectiveness of such laws. In addition, we may make such changes to the contents of the Service (including the contents of the App, the Baseline Estimate, and the Results) that do not decrease the components of the Service described in the Terms at the time of your purchase. Please check this page before you purchase a health plan, as this version may be different from the version which applied to your previous purchase.

14 Third Party Links

The App contains 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.

15 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 order-related information communicated to you in connection with your order of a health plan 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 the Service apply to your purchase of the Service through the authorized distributor as described in such terms and conditions.

16 Applicable Law and Dispute Resolution

These Terms are governed by the laws of Finland, excluding its regulations regarding the choice of law, and the district court of Helsinki shall have the exclusive jurisdiction to hear any dispute relating to these Terms. This provision does not apply to the extent otherwise required by applicable mandatory law. For example, if you are a Finnish consumer, any dispute relating to these Terms can also be settled by the Consumer Disputes Board (Fi. Kuluttujariitalautakunta; for more information: kuluttajariita.fi/en) or the district court of your domicile; before taking a matter to the Consumer Disputes Board, you should contact the Consumer Advisory Service (Fi. Kuluttajaneuvonta; for more information: kkv.fi/en/consumer-advice).

17 Contact Us

If you have any questions, feedback, or complaints about the Service, these Terms, Nightingale Health, maintaining or improving your health and wellbeing, 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); or
• by post at Nightingale Health Plc, Mannerheimintie 164a, 00300 Helsinki, Finland.