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:
a) 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.
b) 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.
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
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 email@example.com.
Please do not share any sensitive information, such as health data, via the support email firstname.lastname@example.org. Upon request, we provide you an alternative method for that purpose.
3 Access and Use of the App
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:
a) 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.
b) 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 email@example.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 firstname.lastname@example.org 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 email@example.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 firstname.lastname@example.org (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.
To the extent permitted by applicable mandatory law,
a) 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;
b) Nightingale Health is not liable for any indirect, special, punitive, or consequential damage; and
c) 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 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.
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 email@example.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.