Terms of Service
LAST UPDATED JANUARY 2024
Information about us and how to contact us. You can contact us in writing at privacy@modobio and Modo Bio PO Box 13686 Glenageary Co Dublin Ireland. If we have to contact you, we will do so by email at the email address you provided to us when subscribing to our Services.
Our Services. Modo Bio is not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information received through the client’s wearable device.
Nature of our Services. Modo Bio does not provide health care services. At your direction, Modo Bio will make its technology and other non-medical services available to the health care professional(s) of your choosing and with your consent in order for such health care professional(s) to use our platform to provide you with clinical and wellness services. The Services are not suitable for acute health problems and are especially not suitable for emergencies. If you have an urgent medical emergency, you should call emergency services immediately. Our Services do not replace nor are they a substitute for your health provider.
If we cannot accept your subscription. In the unlikely event that we are unable to accept your subscription, we will inform you of this and will not charge you. If you have paid the subscription fee, we will arrange a refund which will usually be made within 5 to 10 business days.
Some of our Services will be available by “appointment basis,” which may require you to create an Account as well. These Services will be subject to the terms that are provided to you at the time you book the appointment.
The Services may contain general information related to medical conditions, research, testing, and treatment, and other health care topics. Any such information is provided for informational purposes only. The receipt of any such information does not create a professional relationship between you and Modo Bio. THE SERVICES SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE OR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
Modo Bio is not responsible for the quality and appropriateness of the Clinical and Wellness Services or the care the Clinical and Wellness Providers render to you. The doctor-patient relationship (or other similar relationship between you and a medical or wellness professional) is between you and the Clinical and Wellness Provider. Your interactions with the Clinical and Wellness Providers via Telehealth Consultations are not intended to replace your relationship of your other health care practitioners or primary care physician. Neither Modo Bio, nor any of its subsidiaries or affiliates or any third party who may promote the Clinical and Wellness Services, shall be liable for any professional advice obtained from a Clinical and Wellness Provider via Telehealth Consultation, or any information obtained on the Clinical and Wellness Services. We are not responsible for delays outside our control. If our Services are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable or responsible for such delays.
Our obligations. We have a legal obligation to protect all customer confidential data, including all medical information. We cannot share patient confidential data with third parties without your explicit consent.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and applications in order to access our Services.
Reasons we may suspend use of our Services. We may have to suspend our Services to:
- deal with technical problems or make minor technical changes;
- update the Services to reflect changes in relevant laws and regulatory requirements.
- if you do not pay the Subscription Fee.
Your rights if we suspend use of our Services. In the unlikely event we will be suspending our Services, we will contact you in advance to tell you unless the problem is urgent or an emergency or for routine maintenance carried out outside of usual business hours.
Billing and payment
Where to find the price. The price of the Services will be the price indicated in the App Store when you subscribe (the “Subscription Fee”).
Subscription Fee. Upon your approval of such charges, the App Store will charge a monthly or yearly subscription fee (the “Subscription Fee”) for access and use of the platform and other Services pursuant to such App Store’s online terms of service, which can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html (Apple App Store) and https://play.google.com/intl/en-US_us/about/play-terms/index.html (Google Play store).
Automatic renewal. Your subscription automatically renews at the end of each subscription term if you do not terminate your subscription prior to the end of the subscription term.
User Conduct and Responsibilities
You agree that you will only provide information in connection with any and all other uses of the Services that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity.Additionally, you agree not to, without limitation:
- Use any content or information available on this Site or Services for any unauthorized purpose;
- Interfere with or damage this Site or servers or networks connected to this Site or disobey any requirements, procedures, policies, or regulations of networks connected to this Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, denial of service attacks, forged routing of electronic mail address information, or similar methods or technology;
- Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site or Services;
- Make any statements, express or implied, that you are endorsed by Modo Bio without our specific prior written consent;
- Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; or
You are solely responsible for your conduct and any data that you submit, post, transmit, or display on or through the Services. In addition, you agree not to, without limitation, upload, post, submit, publish, transmit, or display in connection with the Services, any information or material that:
- you do not own or do not have the right to post, including proprietary material of any third party;
- breaches any agreement with any other person or entity;
- violates any law or may be considered to violate any law; or
- threatens or abuses others, libels, defames, invades privacy, is false, discriminatory, hateful, harassing, or offensive, or otherwise injurious or objectionable.
You represent, warrant, and agree that you will comply with the above acceptable use requirements.
You hereby grant to Modo Bio a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully transferable and sub-licensable right and license to use, reproduce, modify, adapt, reformat, publish, translate, create derivative works from, distribute, transmit, perform, and display all data, feedback, or other information submitted, posted, published, transmitted, or displayed on or via the Services, and to incorporate such data in other works in any form, media, or technology now known or later developed. Modo Bio shall have no obligation of any kind with respect to any such data that you submit, post, publish, display, or transmit via the Services. You represent and warrant that you have proper authority to grant this license.
Modo Bio Materials
Linking and Third Parties
The Services or communications you receive from the Services may contain links to third-party websites, applications, or features (together, the “Third Party Services”). In addition, some of the Services may permit interactions between the Services and Third Party Services. Modo Bio does not control any of these Third Party Services or any of their content. The inclusion of any link to Third Party Services does not necessarily imply Modo Bio’s endorsement of or affiliation with that third party. You acknowledge and agree that Modo Bio has no responsibility or liability for any such Third Party Services. Your correspondence and dealings with third parties found through the Services are solely between you and the third party. By using such Third Party Services, you acknowledge and agree that: (i) if you use the Third Party Services to share information, you consent to information about your profile on the Services being shared; (ii) your use of Third Party Services may cause personal information to be publicly disclosed and/or associated with you, even if Modo Bio itself has not provided such information; and (iii) your use of Third Party Services is at your own option and risk, and you will hold the Modo Bio Parties (defined below) harmless for activity related to the Third Party Services.
Linking and Third Parties
The Services or communications you receive from the Services may contain links to third-party websites, applications, or features (together, the “Third Party Services”). In addition, some of the Services may permit interactions between the Services and Third Party Services. Company does not control any of these Third Party Services or any of their content. The inclusion of any link to Third Party Services does not necessarily imply Company’s endorsement of or affiliation with that third party. You acknowledge and agree that Company has no responsibility or liability for any such Third Party Services. Your correspondence and dealings with third parties found through the Services are solely between you and the third party. By using such Third Party Services, you acknowledge and agree that: (i) if you use the Third Party Services to share information, you consent to information about your profile on the Services being shared; (ii) your use of Third Party Services may cause personal information to be publicly disclosed and/or associated with you, even if Company itself has not provided such information; and (iii) your use of Third Party Services is at your own option and risk, and you will hold the Company Parties (defined below) harmless for activity related to the Third Party Services.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON THE SERVICES, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE SERVICES INCLUDING COMPUTER VIRUSES) EVEN IF MODO BIO HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, MODO BIO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “MODO BIO PARTIES”) PROVIDE THE SERVICES, INCLUDING WITHOUT LIMITATION, THE MODO BIO MATERIALS, “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
NO INFORMATION PROVIDED VIA THE SERVICES, OR BY THE MODO BIO PARTIES, SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MODO BIO PARTIES MAKE NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, ACCURACY, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES OR THE MODO BIO MATERIALS; ii) THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; iii) THAT THE SERVICES OR THE MODO BIO MATERIALS WILL MEET YOUR NEEDS OR EXPECTATIONS; iv) AS TO THE QUALITY OR VALUE OF ANY OF MODO BIO’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE SERVICES; v) AS TO THE AVAILABILITY OF ELECTRONIC OR TELECOMMUNICATION SERVICES AND ACCESS TO THE ELECTRONIC OR TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION, ANY LOSS, AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE ELECTRONIC OR TELECOMMUNICATION SERVICES; OR vi) THAT ANY ERRORS PERTAINING TO THE SERVICES WILL BE CORRECTED.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or where it would otherwise be unlawful to do so.
However, to the fullest extent permitted by applicable law, under no circumstances are we liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of emotional well-being (b) loss of data; (c) loss of revenue or anticipated profits; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or injury to reputation; (g) losses suffered by third parties; or (h) any indirect, consequential, special or exemplary damages arising from the use of the Subscription Service regardless of the form of action.
Digital Content If defective digital content which we have supplied damages your device and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice.
To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our services.
Viruses and damage to computer equipment: We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or to your downloading of any digital content associated with it.
You further acknowledge that the Internet may be subject to security breaches, and as such, submission of your data or other information may not be secure.. You are solely responsible for your interactions with other users of the Services, whether online or offline. You agree that the Modo Bio Parties have no responsibility or liability whatsoever for the conduct of any user.
You have several options to resolve disputes with us.
Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to EU Online Dispute Resolution (ODR) platform through their website at Online Dispute Resolution | European Commission (europa.eu) The ODR does not charge you for making a complaint and if you’re not satisfied with the outcome you can still go to court.
Your right to end the contract
You can always end your subscription with us:
- If you decide to cancel your subscription before the term ends.
You may terminate your use of the Services at any time. If you wish to terminate your access to the platform and/or Services, go to the settings cogwheel on the bottom navigation bar of the mobile application, click Manage Account, then Close Account, and then click the red button at bottom of the page labeled “Close My Account.” PLEASE NOTE, CLICKING “CLOSE MY ACCOUNT” WILL NOT CANCEL YOUR SUBSCRIPTION(S) FROM THE SERVICES. TO CANCEL YOUR SUBSCRIPTION(S), PLEASE SEE THE PROCEDURE SET FORTH BELOW.
IF YOU WISH TO CANCEL YOUR SUBSCRIPTION(S) WITH MODO BIO , YOU MUST FOLLOW THE CANCELLATION PROCESS PURSUANT TO THE APPLICABLE APP STORE’S TERMS OF SERVICE, WHICH CAN BE FOUND AT HTTPS://WWW.APPLE.COM/LEGAL/INTERNET-SERVICES/ITUNES/US/TERMS.HTML (APPLE APP STORE) AND HTTPS://PLAY.GOOGLE.COM/INTL/EN-US_US/ABOUT/PLAY-TERMS/INDEX.HTML (GOOGLE PLAY STORE). IF YOU CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION TO THE PLATFORM WILL REMAIN ACTIVE UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD.
- If our Service is grossly misdescribed you may have a legal right to end the contract. Please contact us at firstname.lastname@example.org
- If you want to end the Service because of something we have done or have told you we are going to do. The contract will end immediately, and we will refund you relative to amount of time remaining in the Subscription Term. The reasons are:
- we have told you about an upcoming change to the Service or these Terms which you do not agree to;
- the supply of the Services is significantly delayed because of events outside our control;
- we have suspended supply of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days or
- you have a legal right to end the contract because we have done something materially wrong that breaches these Terms.
If you have just changed your mind, you may be able to get a refund if you are within the cooling-off period under the Consumer Digital Rights Act 2022 but this may be subject to deductions. For goods and services bought online you have a legal right to change your mind within 14 days and receive a refund (“cooling off period”). The cooling off period ends 14 days after you have signed up for the Services, however, if you have commenced using the Services within 14 days, you must pay us for the services provided to you during the cooling off period. You must inform us before the expiry of the cooling off period.
For questions about terminating the Services or cancelling your subscription, please contact us via email at email@example.com.
No Waiver, Assignment Rights
PO Box 13686