Agreement to Terms and Conditions of Use for HeHealth Services
Welcome to HeHealth, the web and application-based services owned and operated by HeHealth Pte. Ltd. (“HeHealth”).
These Terms and Conditions create a legal binding agreement between you (the user) and HeHealth Pte. Ltd. and its affiliates (collectively, “HeHealth” “we” or “us”). These Terms and Conditions applies to the service provided via the websites and mobile applications known as HeHealth (hehealth.ai), HeHealth app, and HeHealth AI (collectively the “Service”).
The information provided on the Service is for general informational and educational purposes only. Please read and review these Terms and Conditions carefully before accessing or using the Service.
Terms & Conditions Contain the Following Sections
1. Important Limitations of the Service
4. User Content
5. User Restrictions
6. Reservations of rights
7. Cookies and Internet Tags
8. Limitation of Liability
10. Linked Websites
11. No Endorsement of Non-HeHealth Entity; No Relationship with Users 12. Warranty
14. Our refund policy
15. Governing Law
1. Important Limitations of the Service
- HeHealth AI is our artificial intelligence (AI) algorithm. These Terms and Conditions also describes the personal information we collect from you and how we use and secure it.
- The accuracy of the Service will vary depending on, among other things,
- the quality of images uploaded,
- the visibility of the concerned area in the uploaded images,
- the accuracy of the information you provide,
- the data contained in the HeHealth database (training dataset)
- The Service permit Customers to upload images of skin conditions privately and permits Professionals to provide information about skin conditions privately in response to Customers’ uploads.
- A Professional’s information in response to an individual Customer upload is made available to Customer upon payment of the posted fee for the Service after Customer pays HeHealth. (Customer and Professional are defined below.)
- Customers’ uploaded images are received and stored as anonymous images; they are not associated with any identifying information regarding Customers.
- The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location.
1.2 Do Not Diagnose
- The Service is a venue for informational and educational purposes. The Service does not (a) engaged in rendering medical or similar professional services or advice, (b) serve as a communication conduit for such services.
- The Service may contain general information relating to various medical conditions and their management and treatment, but such information is not intended to (a) diagnose health conditions, (b) provide professional medical advice, (c) be a substitute for professional medical advice, diagnosis, or treatment provided by a doctor or other qualified healthcare professionals. You should not disregard or delay seeking medical advice based on anything that appears in the Service.
- You should not (a) use the information contained herein for diagnosing a health problem or disease, (b) construe the content as any warranty or recommendation of treatment.
- IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “995” OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. IF YOU REQUIRE NON-EMERGENCY MEDICAL SERVICES, CONTACT YOUR REGULAR HEALTHCARE PROVIDER.
1.3 HeHealth is a Venue
- HeHealth is not involved in any conversation, information provided between Customers and Professionals and does not refer Customers to or endorse or recommend particular Professionals.
- You understand and acknowledge that HeHealth cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Professionals’ responses.
- HeHealth shall not be liable for any acts or omissions of Professionals, content in responses, the ability of Professionals to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Professional will complete a transaction. Notwithstanding the foregoing, HeHealth reserves the right, but is not obligated, to refuse to respond or to remove any content and/or remove any User’s access to the Service.
- Emergency questions and crisis situations should be directed immediately by telephone or in person to qualified professionals (e.g. in Singapore, call 995). The Service is not the appropriate venue to deal with such situations.
1.4 Verification; No Reliance on the Term “Professional”
- Every Professional on the Service has been verified by HeHealth or its contractors as qualified to respond to inquiries on the Service.
- HeHealth conducts reviews of each Professional’s responses to inquiries provided by Customers on a random basis, but does not commit to do so on an ongoing basis, and assumes no liability for the content of such responses.
- While HeHealth strives to admit only high-quality Professionals onto the Service, use of the term “Professional” by HeHealth and on the Service is only meant to describe Users who answer questions on the Service, and not to guarantee any particular level of expertise of the Professional.
- HeHealth cannot and does not make any guarantee, warranty or representation with respect to the qualifications of individual Professionals or any information they may provide via the Service.
- All Users acknowledge that HeHealth will not be liable for any loss or damage caused by reliance on any information or content contained in responses.
1.5 Information Not Advice; No Client-Professional Relationship
- INFORMATION PROVIDED BY PROFESSIONALS VIA THE SERVICE IS NOT MEDICAL ADVICE. NO PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BY USE OF THE SERVICE.
- Responses of Professionals on the Service are provided by Professionals and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional medical advice.
- Professionals will provide only general information about skin conditions, and will not provide medical advice nor propose a specific course of action for a Customer; by providing information, Professionals do not form physician-patient relationships with Customers on the Service.
- Professionals may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
- Professional medical advice may require information typically discovered through in-person evaluations or visits.
- Communications on this Service are not confidential and shall not be the subject of any privilege. Communications on this Service are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in- person evaluations and visits.
In the Terms,
- “User,” “you” and “your” refer to the individual or entity that uses the Service.
- “HeHealth,” “we,” “us” and “our” refer to HeHealth.
- “Customer” refers to the individual who uploads an image and makes payment(s) to the Service.
- “Professional” refers to the person who provides information regarding the skin condition shown in an image provided on the Service (i.e. a medical doctor). Professionals are not employees or agents of HeHealth but are independent service providers using the Service to sell information to Customers and are, as such, along with Customers, simply Users of the Service.
- In order to use or to receive the the Service, you must register for a HeHealth account (an “Account” and each Account holder, a “User”).
- If you visit, access or otherwise use the Service as an individual on your own behalf under an Account registered to you as an individual, you must ensure that no other individual uses or otherwise accesses your Account.
- We will take anonymity as top priority and users are instructed to avoid using any personal identifiers when creating account. If any personal identifier is used, HeHealth does not take responsibility in protecting your anonymity.
4. User Content
- All information, data, text, software, images, videos, or other content that a User may post, submit, link to, or otherwise make available to, on, or through the Service (“User Content”) is solely the responsibility of such User.
- All User Content that you provide through our Service or in connection with any Service should be true, accurate, current, complete and not misleading, and offered in good faith.
- In providing the Service, HeHealth relies upon the accuracy of the User Content you provide. Submission of any false, inaccurate, non-current, incomplete, or misleading information or your failure to update your Account information promptly upon the occurrence of any change in such information, can result in inaccurate information from the Service.
- You consent and agree to HeHealth using, storing, processing, and/or disclosing any User Content provided by you in its sole discretion, in connection with the HeHealth database.
- You consent to HeHealth’s use or disclosure of any de-identified and/or aggregated information gathered by HeHealth through or relating to your use of the Service for product and Service development purposes.
- You consent to HeHealth contacting you if you meet the trial or study criteria to determine if you might be interested in becoming a participant.
- You agree to not assert any ownership right of any kind in such communications (including copyright, trademark right, patent right, unfair competition, moral rights, or implied contract) and you waive any such moral rights in whole in favor of HeHealth and its successors.
- We may use common internet technologies, such as “cookies”, to manage the information we receive from you, as detailed below in Section 7. HeHealth will not share, sell or otherwise distribute any of your personally-identifiable information with third parties for their promotional or sales purposes. In the event we provide a product or service to you, we may share certain information only with organizations who work with HeHealth in order to provide those services to you.
- You grant to HeHealth a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub-licensable (through multiple tiers) license to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works from, content that you have in your User Content, in any media now known or not currently known. This licensed right may be exercised in order to provide the Service and for other purposes.
5. User Restrictions
- You are entirely responsible for maintaining the confidentiality of information provided to HeHealth, including email(s), password(s), images(s), and for any activity that occurs under your account.
- You agree not to:
- Use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit or otherwise use the Service or any of its contents in any way for any public or commercial purpose.
- Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
- Resell or make any commercial use of our system or the content on the Service without HeHealth’s prior written consent.
- Be competitive with HeHealth or the Service.
- Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
- Reverse engineer, disassemble or decompile any software, services included in the content.
- Use the Service for any purpose in violation of local, national, or international laws.
- Use the Service as a means to distribute or post advertising or other unsolicited material to any third party.
- Impersonate any person or entity or falsely represent your identification or affiliation.
- Distribute viruses, Trojan horses or other harmful computer programming routines, codes that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Harvest or otherwise collect information about others.
- Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
- Interfere with the operation of the Service.
- Copy or distribute in any medium any part of the Service.
- Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- Consummate any transaction that was initiated using the Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation.
6. Reservation of rights
- HeHealth reserves the right to modify these Terms and Conditions at any time, effective upon posting. Your use of the Service following such changes will be deemed to be an acceptance of any changes.
- HeHealth has the right, but has no obligation, to review, vet, reject, or delete any User Content.
- All text, graphics, user interfaces, visual interfaces, information, documents, materials, photographs, trademarks, logos, sounds, music, artwork, and computer code contained on or derived from the Site, including, without limitation, the design, structure, selection, coordination, expression, “look and feel”, and arrangement thereof (collectively, the “Site Content”), (including, without limitation, all associated copyright, patent, trademark, trade secret, and other intellectual property rights and all moral rights related thereto) are owned or licensed by HeHealth. Nothing contained in the Service should be construed as granting any license or other right without the express written permission of HeHealth.
- HeHealth reserves the right to suspend or terminate your access to the Service at any time, for any reason or for no reason. HeHealth has the right (but not the obligation) to refuse to provide access to the Service to any person or organization, or to prohibit any person or organization from using the Service, at any time, for any reason or for no reason, in our sole discretion.
- You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to these Terms and Conditions and to use the Service in accordance with these Terms and Conditions.
- HeHealth maintains the Service from offices in Singapore and makes no representation that materials on the website are appropriate or available for use in other locations. If you access the Service from a location outside Singapore, you do so at your own risk and are responsible for compliance with applicable laws at your location.
7. Cookies and Internet Tags
- We may collect and process information about your visit to the Service, such as the pages you visit, the website you came from and some of the searches you perform. Such information is used by us to help improve the contents of the Service and to compile aggregate statistics about individuals using the Service for internal, market research purposes. In doing this, we may install “cookies” that collect the domain name of the user, your internet service provider, your operating system, and the date and time of access.
- A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This will enable you to decide if you want to accept it or not. If you do not accept cookies you may not be able to use all functionality of your browser software or this website. We may obtain the services of outside parties to assist us in collecting and processing information collected through cookies. We may also use internet tags (also known as action tags, web beacons, single-pixel GIFs, clear GIFs, invisible GIFs and 1-by-1 GIFs) and cookies at the Service and may deploy these tags/cookies through a third-party advertising partner or a web analytical service partner which may be located and store the respective information (including your IP address) in a foreign country. These tags/cookies may be placed both on online advertisements that bring users to the Service and on different pages of the Service.
- We use this technology to measure the visitors’ responses to this website and the effectiveness of our advertising campaigns (including how many times a page is opened and which information is consulted) as well as to evaluate your use of our Services.
- The third-party partner or the web analytical service partner may be able to collect data about visitors to our and other Services because of these internet tags/cookies, may compose reports regarding our Services’ activity for us and may provide further services which are related to the use of the Service and the internet. They may provide such information to other parties if there is a legal requirement that they do so, or if they hire the other parties to process information on their behalf.
Limitation of Liability
- In the event of any problem with the Service or any of its content, you agree that your sole remedy is to cease using the Service. Under no circumstances shall HeHealth or any HeHealth licensor, licensee or supplier be liable in any way for your use of the Service or any of its content including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any losses or damages of any kind arising directly or indirectly out of the use, inability to use, or the results of use of the Service, and any website linked to the Service, or the materials or information contained on any or all such services.
- Under no circumstances shall HeHealth, its licensors, licensees or suppliers or providers be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Service, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we or they have been advised of the possibility of such damages.
- You hereby release HeHealth and hold HeHealth and its licensors and suppliers and providers harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service. You waive the provisions of any local law limiting or prohibiting a general release.
- This limitation applies irrespective of the basis of liability (i.e., whether based on contract, tort, strict liability, or otherwise). If a jurisdiction does not permit such an exclusion or such a limitation on liability, this exclusion or limitation on liability will be to the maximum extent permitted by law.
- You agree to indemnify, defend and hold harmless HeHealth, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions.
10. Linked Websites
- The Service may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement or recommendation by HeHealth of the content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of or by such third-party websites. If you use any links, you will leave the the Service.
- HeHealth is not responsible for the content of linked third-party websites and does not make any representations regarding the privacy practices of, or any information or product or accuracy of materials found on such third-party websites. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.
11. No Endorsement of Non-HeHealth Entity; No Relationship with Users
- HeHealth may endeavor to offer to its Users products and services offered by non-HeHealth entities.
- Placement of information, logos, links or names of such non-HeHealth entities on the Service does not constitute an endorsement or warranty of these entities, their products or services.
- You take full responsibility for a decision to visit or patronize any such entity and hold HeHealth harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and HeHealth or between any User (including Customers and Professionals) and HeHealth by formation of this Agreement (or any of the Related Agreements) or by your participation on the Service.
- IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
- You expressly agree that your use of the Service and your reliance upon any of its contents is at your sole risk.
- Your use of the Service and the information contained therein is provided “as is” and “as available” without any warranty of any kind, express or implied.
- HeHealth does not warrant the accuracy, completeness or timeliness of the materials on this website and to the fullest extent permissible pursuant to applicable law, HeHealth disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, with respect to any information obtained through the Service.
- Without limiting generality of the foregoing, HeHealth does not warrant that access to the Service will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does HeHealth make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the Service or any of the information contained therein.
- You are responsible for paying all fees and charges associated with using the Service, including any applicable taxes.
- After a Customer uploads an image of a skin condition to the Service, if Customer pays the then-current fee in accordance with HeHealth instructions, HeHealth will unlock the information for the Customer. After the image is viewed by a Professional, and the Professional uploads information about the image, HeHealth will notify Customer.
- HeHealth does not guarantee that you will be satisfied with your communication with a Professional.
- HeHealth reserves the right to change the prices, fees, and charges associated with the Service and any products that may be made available through the Service at any time and from time to time without any notice or any liability to you or any other person.
- HeHealth also reserves the right at any time to reject, correct, cancel, or terminate any order. If you order the Service for which the price was incorrectly displayed, please contact HeHealth via firstname.lastname@example.org
14. Our refund policy
- The Service will vary depending on multiple factors, including the accuracy, quality, and limitations of the User input, as well as limitations to our training dataset. Since training and running our Service incurs a computational and financial cost on our end, we can only refund purchases where there is a clearly identifiable problem with the result (such as a clear model failure or technical glitch).
- In exceptional cases, User may submit a claim for a refund for a purchase by emailing email@example.com and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by Company in its sole discretion. Refund requests must be submitted within 30 days of purchase.
15. Governing Law
These Terms and Conditions and your use of the the Service shall be governed by the laws of Singapore without regard to its conflict of laws principles. Any legal action or proceeding related to the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Singapore.