Terms of Use

Thank you for visiting Hanna Health, Inc. (“We”, “Us”, “Company”, “Hanna”, “Hanna Health”). These Terms of Use, together with the Privacy Policy, Acceptable Use Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the health coaching services, mobile application, and therapy or other related services provided or operated by Hanna Health (collectively, the “Services”), including but not limited to any content and functionality offered through the Services. (“Terms of Use” or “Agreement”)

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICES. THESE TERMS OF USE SET FORTH YOUR RIGHTS AND RESPONSIBILITIES CONCERNING THE SERVICES. THESE TERMS OF USE ALSO; (I) CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS ARE RESOLVED, AND (II) AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US OR OUR AGENTS TO BINDING AND FINAL ARBITRATION. IF YOU DO NOT UNDERSTAND THESE TERMS OF USE OR DO NOT AGREE TO THESE TERMS OF USE OR OTHERWISE USE ANY SERVICES PROVIDED BY HANNA.

‍IN ORDER TO USE THE SERVICES, YOU MUST BE AT LEAST 13 YEARS OF AGE AND LOCATED IN THE MIDDLE EAST. BY USING THE SERVICES, YOU (or, if you are younger than the applicable age of majority, your parent/legal guardian) REPRESENT YOU; (I) ARE AT LEAST 13 YEARS OF AGE, AND (II) ARE LOCATED IN THE MIDDLE EAST. FURTHER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT 13 YEARS OLD, OR IF YOU ARE LOCATED OUTSIDE OF THE MIDDLE EAST (IRRESPECTIVE OF YOUR AGE), YOU MUST NOT ACCESS OR USE THE SERVICES. If you are 13 or older, but under the age of 18 or other age of majority in your state of residence (in other words, you are considered a minor), your parent or legal guardian must agree to these Terms of Use on your behalf and you may only access and use the Services with permission from your parent or legal guardian.

‍IF YOU ARE A PARENT OR GUARDIAN ACCEPTING THESE TERMS ON BEHALF OF A MINOR YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE READ AND AGREE TO THESE TERMS ON BEHALF OF THE MINOR AND ON YOUR OWN BEHALF. AS A PARENT OR GUARDIAN OF A MINOR USING THE SERVICES YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS AND USE OF THE SERVICES ARE SUBJECT TO THIS AGREEMENT.

WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE, THE PRIVACY POLICY, AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.

“Acceptable Use Policy” means the Acceptable Use Policy attached hereto.

“App” means our mobile application made available through the Apple App Store.

“Authorized User(s)”, “You”, “Your” means an individual who enters into this Agreement with Hanna Health.

“Confidential Information” means information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include any information that (i) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (ii) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information

“Content” means information either; (i) created by Hanna Health and made available to Authorized Users through the Services, or (ii) obtained by Hanna Health from publicly available sources or third-party content providers and made available to Authorized Users through the Services.

“Documentation” means any documentation (online or otherwise) made available by Company to You describing the Services or any support provided for the Services.

“Malicious Code” means code, files, scripts, agents, or programs intended to do harm, including, for example, viruses, worms, time bombs, and Trojan horses.

“Services” means the Hanna Health services that are ordered by You (or provided to You under a free trial), and made available online by Hanna Health, including associated offline or mobile components, as described in the Documentation.

“Third-Party Technology” means; (i) a Web-based, mobile, offline, or other software application, technology, or functionality, or (ii) any third-party device or product, that is made available to Authorized Users and interoperates with, or is used by an Authorized User, in connection with a Service.

“Hanna Health” means Hanna Health Inc. and any of its affiliated companies.

“Your (User) Data” means electronic data and information submitted by or for an Authorized User to the Services, excluding Content and Third-Party Applications.

Registration. Your health care provider, health plan, pharmacy benefit manager, or employer will provide You with notification that You are eligible to participate in the Service as an “Authorized User”. To become an Authorized User, You are required to register for the Services and provide certain information about yourself. We will validate your entitlement to receive the Services and establish an Authorized User account on your behalf which You will thereafter use to access and use the Services. All information we collect about You in connection with the Services is subject to our then-current Privacy Policy. We also track certain Authorized User interactions with the App. This includes; viewing a page, tapping a button, time spent on a page, time for a page to load and data entered into the App. You will provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in the immediate termination of your account. You shall not use a false name, e-mail address, or phone number or otherwise enter information with the intent to impersonate another person. You warrant that all information You submit to us is true and correct.

By using the Services, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy, including being contacted via email, text message (SMS), phone, or other electronic means.

By using the Services, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy, including being contacted via email, text message (SMS), phone, or other electronic means.
Your Authorized User account may only be used for your personal use and will require a username and password. You are responsible for all activities that occur under Your account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data You provide; (ii) maintain the confidentiality of your password and user account information; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services and notify the Company promptly of any such unauthorized use; and (iv) comply with all applicable laws in using the Services.

Subject to the terms and conditions of this Agreement (including the Privacy Policy and Acceptable Use Policy), and during the term of this Agreement, Hanna Health grants you a non-exclusive and non-transferable right to access and use the Services in accordance with the terms of this Agreement, and any Documentation made available to you by Hanna Health solely for purposes of your personal use of the Services. The Services are limited to Authorized Users in the Middle East. The Services are enabled by technology, software and certain Content delivered electronically. Any use of the Service in breach of this Agreement, or that in our judgment threatens the security, integrity or availability of the Service, may result in immediate suspension of the Service, however, we will use commercially reasonable efforts under the circumstances to provide You with notice and an opportunity to remedy such violation or threat prior to such suspension. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.

Hanna Health has designed the Services to assist people to achieve their health goals through healthy lifestyle choices and behaviour. We encourage You to consult with Your healthcare provider before commencing the Services. You represent that You are in good enough health to begin these Services, which may include changes to Your diet or level of physical activity, among other things. The Services require Your active engagement and participation. You understand that, despite Your efforts, individual users’ results will vary for a variety of reasons and Hanna Health cannot guarantee that You will achieve your health goals.

Hanna Health will match You with a health coach or therapist who will consult with You via telephone, video conference, chat, email, or other online tools. We strive to maintain the client-health coach or client-therapist relationship throughout Your use of the Services but reserve the right to change Your health coach or therapist at any time. Our health coaches provide You with peer-to-peer support, encouragement, accountability, and practical tips to help overcome barriers to meeting Your health goals.

‍H therapists are healthcare professionals trained to evaluate a person’s mental health and use psychotherapeutic techniques to improve mental health. For quality assurance and training purposes, Ha Health records interactions between You and your health coach, including telephone and video conference calls. You will be asked to consent to ch recording prior to your initial session. Hth records calls or videoconferences between You and your therapist. If You do not want Ha Healto monitor Your interactions with your health coach, please inform Your health coach or write to H’s Quality Assurance team at qa@hanna.health You can also disable recording under Your settings in the App.

FOR PURPOSES OF HEALTH COACHING SERVICES ONLY, IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY THE COMPANY. HANNA HEALTH COACHES ARE NOT ACTING IN A HEALTHCARE PROFESSIONAL CAPACITY. OUR HEALTH COACHES DO NOT PROVIDE ANY MEDICAL, OR CLINICAL SERVICES, AND DO NOT DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, DISEASE, OR CONDITION OR HOLD THEMSELVES OUT AS BEING ABLE TO DO SO. HANNA HEALTH AND ITS HEALTH COACHES DO NOT HAVE EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL OR PSYCHOLOGICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. HANNA HEALTH DOES UTILISE LICENSED THERAPISTS WHO MAY PROVIDE COGNITIVE BEHAVIOURAL THERAPY. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION, OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICES OR FROM ONE OF OUR HEALTH COACHES OR THERAPISTS. CONSULTATION WITH OUR HEALTH COACHES IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR HEALTH COACHES OR THERAPISTS IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE, OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE, OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE, OR TREATMENT ALWAYS SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. HANNA HEALTH COACHES AND THERAPISTS ARE GENERALLY AVAILABLE 24/7 TO PROVIDE COACHING (E.G., ADVICE ON MEAL SELECTION WHILE AT A RESTAURANT), THEY DO NOT PROVIDE EMERGENCY SERVICES. PLEASE CONFIRM AVAILABILITY DIRECTLY WITH YOUR COACH. THE SERVICES DO NOT INCLUDE EMERGENCY, TIME-SENSITIVE OR URGENT, REMOTE, OR CRITICAL CARE SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

The term of this Agreement will begin upon Your successful registration for the Services and will continue indefinitely unless terminated by either party as permitted herein.

You acknowledge and agree that the Company may suspend or terminate Your access to the Services if You (a) breach any term of this Agreement, or (b) engage in any conduct that the Company determines in its discretion may have an adverse effect on the Company or its reputation. The Company may also terminate Your access to the Services at any time for its convenience; and in such an event of a termination for convenience (but not upon termination due to your breach of this Agreement), the Company shall refund any amounts prepaid by You for Services paid for but not received as of the date of termination for convenience.The term of this Agreement will begin upon Your successful registration for the Services and will continue indefinitely unless terminated by either party as permitted herein.

If You were provided access to the Services as a result of participation in a health plan or because of an agreement between Hanna and your employer or health care provider, termination of the agreement between Hanna Health and the plan provider (or employer or health care provider if applicable) will also terminate Your right to use the Services unless you agree to assume financial responsibility for the Services and Company accepts such assumption. Upon termination, You will no longer have access to the Services or the health coaches, mobile application, or other Content provided through the Services. In addition to termination, the Company reserves the right to pursue any and all remedies available to it in the event of such a breach or conduct. Upon any termination, you will have the opportunity for a period of 90 days to retrieve any of Your data (and our obligations are only to use commercially reasonable efforts to retrieve such data, subject to any standard fees we may charge for our time in retrieving your specific data). To retrieve Your data please send an email to support@hanna.health We will store any PHI or PII as required by applicable law.

Services fees for the Term will be paid in accordance with your registration confirmation. You acknowledge that access to the Services may be suspended until payment is received in full. All Service Fees are exclusive of any tax, levy, or similar governmental charge that may be assessed. You are solely responsible for all taxes based upon the provision, sale or use of the Services, excluding any taxes based on the Company’s net income.

Patient Financial Responsibility/Payment Policy/Assignment of Benefits. Generally, payment for Services is made by Your employer or health plan. Absent such payment You remain financially responsible for any Services provided. Hanna Health will bill your insurance as a courtesy and make every effort to ensure claims are promptly and correctly submitted. For Hanna Health to submit a claim, you must provide your current insurance card and complete billing information. You will be responsible for any deductible, co-insurance, co-pay or any service(s) deemed a “non-covered benefit” by your insurance carrier at the time the Services were rendered to you. For information on how Hanna handles payment information please see our Privacy Policy.

Except for the limited license and use rights expressly granted to you under this Terms of Use during the Term, all title to and the rights in the Services, including any and all technology, software, and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, the Company’s or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of the Company and/or third parties. You grant Us a worldwide, perpetual, irrevocable, royalty-free license to use, modify and incorporate into the Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by You relating to the operation of the Services.

Trademarks, service marks, graphics, and logos used in connection with the Services are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code, and all other related content contained on the Services are owned by the Company or third parties and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution, or public exhibition of materials provided through the Services, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, or transmitted in any way (including “mirroring”) to any other computer, server, Services or another medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

The Service may contain certain applications and portions of applications that are provided under terms and conditions which are different from this Agreement (such as open source or community source), or which require us to provide You with certain notices and/or information (“Excluded Code”). We will identify such Excluded Code in a text file or about box or in a file or files referenced thereby (and shall include any associated license agreement, notices, and other related information therein), or the Excluded Code will contain or be accompanied by its own license agreement. Your Use of the Excluded Code will be subject to the terms and conditions of such other license agreement solely to the extent such terms and conditions are inconsistent with the terms and conditions of this Agreement or are required by such other license agreement. By using or not uninstalling such Excluded Code after the initial installation of the Excluded Code You acknowledge and agree to all such license agreements, notices, and information.

By accessing the Services, you will have access to certain of our Conformation Information, including but not limited to methods, techniques, programs, devices, and operations, and any other information we designate as our Confidential Information. Your Confidential Information includes Your Data but does not include anonymized information (including, without limitation, PHI that has been de-identified in accordance with HIPAA requirements) collected from all users. Both parties’ Confidential Information includes the terms and conditions of this Agreement. You and Hanna Health each agree to: (i) only use Confidential Information as explicitly permitted in this Agreement; (ii) not disclose any Confidential Information of the Disclosing Party to any third party; and (iii) not disclose or use Confidential Information following the termination of the Service subscription, unless otherwise explicitly permitted herein (or in the Privacy Policy or, in the case of Hanna, as permitted in a separate agreement with the employer, health plan or health care provider as applicable). Each party agrees to take reasonable efforts to protect the Disclosing Party’s Confidential Information from disclosure to third parties, except as explicitly permitted herein, and apply measures consistent with those applied to the Receiving Party’s protection of its own Confidential Information. Upon the Disclosing Party’s request, at any time, the Receiving Party agrees that it will promptly return or destroy all of the copies of Confidential Information to the Disclosing Party except for information periodically stored as part of a standard backup procedure. The Disclosing Party shall be entitled to injunctive relief in the event of any unauthorized use or disclosure, whether or not intentional, of its Confidential Information. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided that the Receiving Party notifies the Disclosing Party in advance of the compelled disclosure (to the extent legally permitted) and reasonable assistance in order to permit the Disclosing Party to contest such disclosure.

Telehealth is the practice of health care, including diagnosis, consultation, treatment, transfer of medical data, and education using interactive audio, video, and/or other types of data communication. By signing this document and agreeing to participate in Services, You consent to engage in telehealth (e.g. internet, e-mail, or telephone-based interactions) with Your healthcare provider.

Your Hanna healthcare provider may present You with a disclosure authorization form to release and/or exchange information with other healthcare providers in an effort to coordinate Your care. Your Hanna healthcare providers may communicate using interactive audio, video, or other methods for data communication. Within telehealth practice, Your medical information and/or mental health information will remain confidential except as otherwise authorized in the Privacy Policy and in cases where You authorize disclosure (e.g., for Your health care provider to coordinate with Your primary care doctor) or required by law.

Ha Health’s App, web, and email are encrypted. By agreeing to this Consent, You agree that Ha Health will not be held responsible for any breach of confidential information if You communicate confidential or private information via unencrypted email, text, or phone messages.Telehealth through the App includes multiple benefits such as convenient appointments with Your health care provider and easier access to Your health information. Potential risks from telehealth include disruption in services and information due to technical difficulties, unauthorized interruptions to the transmission or storage of medical information, or misunderstandings through Chat messaging. Your Ha health care provider will review with You the process in the event that You encounter technical difficulties during Your session or in between sessions. You may also email Ha Health’s customer support team at support@hanna.heath if You experience technical issues with the App.

Hanna Health’s App, web, and email are encrypted. By agreeing to this Consent, You agree that Hanna Health will not be held responsible for any breach of confidential information if You communicate confidential or private information via unencrypted email, text, or phone messages.

Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that You send to us through the Services, such as any questions, comments, suggestions, or the like, is and will be deemed to be non-confidential and We will have no obligation of any kind with respect to such information.

The information presented on or through the Services is made available to You solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. The Services may provide information about health and wellness and certain health conditions. However, the Services should not be construed as providing any kind of medical advice or recommendation and should not be relied on as the basis for any clinical decision or action. Patients should not use the information contained on the Services for diagnosing a health problem or disease. Medical advice should always be sought from a licensed, qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials by You.

Service Access and Changes. We reserve the right to withdraw or amend these Services or materials we provide in connection with the Services at any time in our sole discretion. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services. We also may update the Services’ Content from time to time. While we make reasonable efforts to maintain current information, we cannot guarantee that the Services’ Content is complete or up-to-date.

The following terms and conditions apply to You only if You are using the App from the Apple App Store. You, as an end-user of the App, acknowledge that this agreement is entered into by and between us and You and not with Apple, Inc., and Apple, Inc. is not responsible for the App and/or its content. Notwithstanding the foregoing, You acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the App. You acknowledge that You have reviewed the App Store Terms and Conditions (located online at http ://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the App is considered the “Licensed Application” as defined in the LAEULA and we are considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the App (including, without limitation, a third party claim that the App infringes that third party’s intellectual property rights) or Your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.

Any and all Third Party Technology or services provided, made available, linked to, or otherwise accessible through the Services are provided solely as a convenience to You and not under our control. The Company does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. The Company does not have any responsibility or liability to You for any Third Party Technology which You access and use at Your own risk. Further, You agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that You have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology. We encourage You to review the terms of use and privacy policies applicable to such Third-Party Technology.

We warrant that the Services will substantially perform in accordance with the Documentation. We provide no warranty with respect to any Content. In the event of any breach of this warranty, (i) You must promptly notify us in writing, and (ii) Your sole remedy and our sole obligation shall be to refund any Fees paid by You (excluding any Fees paid on Your behalf) during the period of time the Services were not provided as warranted, up to a maximum of 6 months of Fees paid by You.

DISCLAIMER.

EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY IMMEDIATELY ABOVE, HANNA HEALTH MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION, HANNA HEALTH; (1) DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND (2) MAKES NO WARRANTY AS TO THE ACCURACY, INTEGRITY, OR COMPLETENESS OF ANY CONTENT OR THAT CONTENT PROVIDED IS APPLICABLE TO OR APPROPRIATE FOR YOUR PARTICULAR CONDITION OR USE OUTSIDE OF SAUDI ARABIA. CONTENT AND THIRD-PARTY TECHNOLOGY ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER.

Except where prohibited by law, in no event will THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT, OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If notwithstanding the other provisions of these Terms of Use, the Company is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Services, the Company’s liability will in no event exceed the amount of fees paid by You or Your employer, health plan, pharmacy benefit manager or health care provider specifically in connection with Your use of the Services during the preceding twelve (12) month period.

You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) any claim by a third party that Your Data infringes any intellectual property rights of such third party, and (ii) any violation by You of applicable law, (iii) any Third Party Technology and (iv) Your use of the Services in violation of these Terms of Use.

(1) Unless You and the Company agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the county where the Services were provided. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at www.jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide.

(2) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and the Company expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

(3) We each are responsible for our respective costs, including counsel, experts, and witnesses. The Company will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator’s services.

(4) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award are final and binding, and judgment on the award may be entered in any court with jurisdiction.

The arbitrator will write an award explaining the decision and the findings and conclusions supporting it.

No Trial By Jury And No Class Action. IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTER-CLAIM, OR ANY OTHER COURT PROCEEDING, WE EACH AGREE TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.

The failure of the Company to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between the Company and You or any other party be deemed to modify any provision of these Terms of Use.

The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.

The Services, Content, and other technology We make available, and derivatives thereof may be subject to export laws and regulations of Saudi Arabia and other jurisdictions. You shall not use the Service in violation of any Saudi Arabian export law or regulation.

You shall not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Hanna Health’s prior written consent and any attempt to do so shall be void.

These Terms of Use, along with the then-current version of the Acceptable Use Policy and Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. Except as provided herein, any attempt to modify or supplement this Agreement shall be void unless agreed to in writing and signed by both parties.

You may contact us regarding the Services or these Terms of Use by mail at Hanna Health, Inc., Office 14. Sari St. Shatea Dist. Jeddah 21461 Saudi, 

or by email at support@hanna.health
or by phone at 966-582-911911.

© 2021 Hanna Health, Inc

You agree to comply with the following “Acceptable Use Policy” at all times while using the Service. You will not:

• violate our Privacy Policy or the legal rights (including the rights of publicity and privacy) of others;

• use the service for gambling, adult entertainment, sexually explicit or other similar business;

• upload any material depicting or promoting sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, or age or that could otherwise give rise to any civil or criminal liability under applicable laws;

• impersonate any other person, or misrepresent Your identity or affiliation with any person or organization;

• conduct Yourself in a vulgar, offensive, defamatory, harassing, or objectionable manner;

• copy, reproduce, create derivative works of, or distribute any Services, copyrights, or Trademarks;

• infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person or infringe a copyright in direct violation of the Digital Millennium Copyright Act (“DMCA”) or any similar legislation;

• remove or modify any copyright, trademark, or other proprietary rights notice on the Service or on any materials printed or copied off of the Service;

• resell, import, or export, directly or indirectly, the software associated with the Service;

• create a risk to public safety or health in general or to any individual’s health and safety;

• engage in any activity that interferes with or disrupts the Services or Software;

• upload or otherwise send or transmit any material that contains viruses or any other harmful computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment associated with the Services;

• reverse engineer, attempt to access or access any source code, algorithms, methods, or techniques used in the Services, Software, or Products;

• interfere with the servers or networks connected to the Service or violate any of the procedures, policies, or regulations of networks connected to the Service;

• attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means;

• use the Services to create unsolicited email and/or SPAM (including any conduct that would violate the CAN-SPAM Act of 2003 or similar legislation);

• record, process, or mine information about other users;

• use any robot, spider, Service search/retrieval application, or another automated device, process, or means to access, retrieve, scrape, or index the Service or any content of the Service;

• permit direct or indirect access to or use of the Service in a way that circumvents a contractual usage limit;

• modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Site or the Service.

Hanna Inc. is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

The Web Content Accessibility Guidelines (WCAG) define requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. Hanna Health is not conformant with WCAG. Not conformant means that the content does not conform to the accessibility standard.

We welcome your feedback on the accessibility of Hanna Health. Please let us know if you encounter accessibility barriers on Hanna Health:

• Phone: 966-582-911911

• E-mail: support@hanna.health

• We try to respond to feedback within 5 business days.