My Nightingale consumer terms of service
These Terms of Service (“Terms”) set forth the terms for purchasing and using the My Nightingale service (“Service”).
By placing an order, you acknowledge and agree to be bound by these Terms and use the My Nightingale Service in accordance with these Terms. By placing an order, you warrant that you are at least 18 years old. If you are buying the Service for someone else, you warrant that the user of the Service is at least 18 years old.
The Service is valid and can be used for 12 months from the purchase, or in case of gift card voucher, from redeeming the gift card voucher. The gift card voucher is valid until the expiry date indicated on the gift card voucher before which it must be redeemed. The Service is intended for sale and use in Finland only.
We may revise these Terms from time to time in our sole discretion. The version of the Terms which exists at the time you place your order will be the terms which govern the Service. Please check this page before you submit an order for Services, as this version may be different from the version(s) which applied to previous order(s) for Services you submitted.
2. Scope of the Service
My Nightingale is a health service that provides comprehensive blood-based information to help you maintain and improve your health and wellbeing. The Service consists of:
- Blood test at Nightingale Nest;
- measuring and analysing your blood sample using Nightingale’s proprietary technology; and
- providing the results via My Nightingale app.
If the Service is purchased with Nightingale Kit, the blood test is taken by using Nightingale Kit. Nightingale Kit is a CE marked in vitro diagnostic (IVD) medical device providing all necessary items, as listen in the instructions of Nightingale Kit, for you to take and send your blood sample to us for analysis.
3. Pricing and Payment Terms
The price of the Service is the price indicated on the order page of the My Nightingale site (“Site”) when you placed your order. Payment of the price of the Service shall be made at the time you place the order.
After payment, we will send you email to confirm your purchase.
You have a right to a refund within 14 days of purchase. However, if you take the blood test before the end of the 14-days cancellation period, a refund is no longer possible. If the Service is purchased with Nightingale Kit, a refund is possible for an unused Nightingale Kit only. For hygiene, safety and health reasons, all the items must be unopened in their original packaging. Nightingale's shipping costs are non-refundable, and you are responsible for paying the shipping costs for returning the Nightingale Kit.
If you purchase the Service with blood test at Nightingale Nest, your My Nightingale blood test results (“Results”) include the Nightingale Health Index, a number of health indicators and biomarkers, which are parameters of metabolic health. If you purchase the Service with Nightingale Kit, your Results include Nightingale Health Index and the following health indicators: Heart age, Diabetes resistance (including Type 2 diabetes risk), Fatty acid balance, Cholesterol balance and Inflammation.
When using Nightingale Kit, you acknowledge and agree to use Nightingale Kit in accordance with the instructions provided by Nightingale. Special attention should be paid to warnings and precautions of the instructions. Nightingale Kit should not be used in case you have a bleeding disorder. Not following the instructions provided by Nightingale can result in inaccurate Results or inability to process your blood sample and deliver the Results. Nightingale is not responsible for your failure to follow instructions.
Nightingale Kit orders ship Monday-Friday, most within 3 business days. We aim to provide your Results within two to seven working days of the blood test or, in case of Nightingale Kit, of receiving your blood sample. We will make every reasonable effort to ensure that your Results are delivered within the estimated timescale.
The Results are provided to you via My Nightingale app (“App”). To book time for blood test and to receive your Results through My Nightingale app, you must create an account on the Site. If the Service is purchased with Nightingale Kit, you must also register your Nightingale Kit device online before sending your blood sample to us. You are solely responsible for keeping your password and account details confidential and are fully responsible for all activities that occur under your password or account.
The health indicators are based on scientific research findings on how the blood test results in some large studies correlate with common chronic diseases as well as overall health. The health indicators give you indicative information about your wellbeing. The health indicators cannot be considered as a diagnosis and as such cannot be used as a basis for diagnosis.
Ketosis is reflected by a raised level of beta-hydroxybutyrate, the main ketone bodies circulating in your blood. Ketosis result is based on reference values as found in scientific literature or commonly used in laboratories giving you indicative information about your body’s ketosis state. Ketosis result cannot be considered as a diagnosis and as such cannot be used as a basis for diagnosis or for other diagnostic purposes.
Any intervention or other action you decide to do based on your Results is entirely at your own risk.
5. Intellectual Property Rights
You acknowledge and agree that Nightingale owns all intellectual property rights related to the Service.
To the extent permitted by mandatory law,
- Nightingale’s maximum liability for any responsibility under these Terms is limited to the amount you paid (or someone paid on your behalf) for the Service or one hundred (EUR 100) euros, where no amount is paid to us; and
- Nightingale is not liable for any indirect damage.
You acknowledge and agree that you are solely responsible for your misuse of the Service or your breach of these Terms and the consequences of any such misuse or breach. Nightingale assumes no responsibility for the use of the Services outside these Terms.
7. Data Protection and Privacy
Nightingale is committed to the high standards of data protection and privacy set forth by the GDPR. Nightingale has implemented measures and systems to ensure the confidentiality of your data.
Nightingale is entitled to use subcontractors to fulfil any of its obligations without separate permission from you.
9. Other terms
You may not transfer your rights or your obligations under these Terms 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 unenforceable, the remaining paragraphs will remain in full force and effect.
These Terms constitute the entire agreement relating to the Service, and no other communications, whether oral or written, are considered as part of the Terms.
10. Applicable Law and Dispute Resolution
These Terms are governed by the laws of Finland, excluding its regulations regarding the choice of law.
Any dispute relating to these Terms can be settled by the Consumer Disputes Board (for more information: kuluttajariita.fi) or the district court of Helsinki or the district court of your domicile.