These terms and conditions (Terms) govern your access to and use of the Service (as defined below) and any recipes, information, text, videos, photos or other materials appearing on the Service (collectively the Content).
Please read these Terms carefully before you start to use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Service.
1. The Service
1.1 Holistal is a brand name owned and labeled by Holistal AB its web based and mobile application enabling users to inter alia register, conduct a personal assessment, select goals, perform actions, activate challenges and collect points (The Service).
1.2 The Service is operated by Holistal AB, reg. no. 556900-9169 (Holistal).
1.3 The Service may change from time to time without prior notice to you and Holistal reserves the right to cease (permanently or temporarily) to provide the Service (in whole or in part) to you or to users generally and may not be able to provide you with prior notice.
2. Access to and use of the service
2.1.1 In order to access or use the Service, your employer need a signed and valid agreement with Holistal. Access to corporate administrators is given by representatives at Holistal AB. Access to mobile application to end users at corporations is given by company administrators. The mobile application can be downloaded at App Store or Google Play.
2.1.2 When creating an account, you will need to provide certain personal data and establish a username and a password.
For corporate administrators the following must be provided upon registration and activation:
- First and last name
- Phone number
For mobile applications the information provided must primarily be provided to the corporate administrator for whitelisting (activation). The following personal information is then collected by Holistal:
- Email address
- Number of points associated with the email address
2.2 The personal information we collect and how we use it
Your personal details, including your name, e-mail address, all information that you fill in to create a profile in our application is used for below purpose
- Personal support
- Personal coaching: user authorization for access to personal information is needed and only limited to the coach approved by the individual
- Record keeping of financial transactions in accordance with applicable Swedish tax and accounting laws
Should you decide that you no longer wish to receive communication, you may unsubscribe to newsletters, and you always have the right to reach out to us to have your email or other data removed from our systems. To do so, please contact us at firstname.lastname@example.org or click on opt-out/unsubscribe below in the newsletter.
2.3 Aggregate Information About users and visitors
We gather information and statistics collectively about all visitors across all platforms accessed by end users and customers. We only use such data in the aggregate form and is non-personal. This information helps us determine what further development work could be most beneficial for our users and how we can continually improve our services to create a better overall experience.
2.4 Your right for information and deletion
2.4.1 You have the right at any time to ask us for a copy of the information that we hold on you. If you would like to make a request for information, please contact email@example.com. You also have the right, at any time, to ask Holistal AB to stop using your information or to delete it.
2.5.1 Subject to your compliance with these Terms, Holistal grants you a non-exclusive and non-transferable single user license to download and install one copy of the application to your mobile device, tablet and/or computer, and to access and use the Service, solely for your own personal use.
2.5.2 You may not: (i) copy, modify or distribute the Service for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Service; (iv) make the functionality of the Service available to multiple users through any means; (v) attempt to access, tamper with, or use non-public areas of the Service, Holistal’s computer systems or similar; (vi) gather and use information, such as other users' names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (vii) use the Service for any commercial purpose or for the benefit of any third party; or (viii) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
3.1 Unless otherwise agreed, the employer to the user shall compensate Holisital for the Service according to the fees specified in the tender. Holistal may charge fees for the use of certain features of the Service. Any and all fees are subject to change at any time.
3.2 Unless otherwise agreed, fees are invoiced for a period of three months in advance. Invoices become due for settlement 30 days after the invoice date. Holistal has a right to adjust payment conditions after written notice.
4. Intellectual property rights
The Service is protected by copyright, trademark, and other applicable laws. Except as expressly provided in these Terms, Holistal and its licensors exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
4.2 Infringement policy
4.2.1 Holistal respects the intellectual property rights of others and expect users of the Service to do the same. You are responsible for ensuring that the use of the Service does not infringe on any intellectual property right (including third party’s).
4.2.2 If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please send an e-mail to firstname.lastname@example.org with the information set out in Holistal’s from time-to-time applicable infringement policy.
5. No warranties
5.1 You acknowledge and agree that the Service and all Content, are provided to you on an "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, Holistal explicitly disclaims all warranties of any kind, whether express or implied, relating to the Service including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement and any warranties arising out of course of dealing or usage of trade. Your use of the Service is thus at your sole discretion and risk.
5.2 Holistal will not be responsible for any harm to your computer, mobile device, tablet or computer, loss of data or other harm that results from your use of the Service. Holistal renders no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
5.3 Furthermore, Holistal makes no representation or warranty regarding the accuracy, truthfulness, completeness or reliability of any Content provided through the Service, any information, products or services promoted or displayed through the Service or any transactions entered into through the Service. The Content, including the recipes and all related information and commentary made available through the Service is for informational purposes only and is not intended to be (and does not constitute) dietary advice or recommendations specifically for you and no advice or information, whether oral or written, obtained from Holistal or through the Service will create any warranty not expressly made herein. Holistal does not take responsibility for treating any medical conditions. If you have a medical condition; or belong to a risk group; in a pre-phase of a medical conditions, you must consult with your physician/doctor prior usage of the Service. You are solely responsible for all your communications and interactions with other users of the Service.
6. Limitation of liability
To the fullest extent permitted by applicable law, Holistal will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or in connection with the use, inability to use, or results of the use of the Service and/or any Content.
You agree to defend, indemnify, and hold Holistal, its directors and employees, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
8.1 You may terminate your account at any time by deactivating your account or by providing notice of termination to Holistal by emailing email@example.com.
8.2 If you breach any of these Terms, Holistal will have the right to suspend, disable or terminate your access to or use of the Service, in our sole discretion and without prior notice to you. Holistal will not be liable to you or any third party for termination of your access or use of the Service.
8.3 Any suspension or termination will not affect your obligations to Holistal under these Terms (including, without limitation, ownership, indemnification and limitation of liability), which by their nature and context are intended to survive such suspension or termination.
8.4 Holistal also reserves the right to investigate violations of any of these Terms and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Holistal has no obligation to monitor your access to or use of the Service but has the right to do so for the purpose of operating the Service to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
9.1 Holistal may revise these Terms at any time by giving notice in connection with you accessing the Service or by other means of communication. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Service.
9.2 The employer is responsible for the user’s use of the Service and any breach of the Terms.
9.2 The failure of Holistal to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
9.3 These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its principles of conflict of laws.