Terms and Conditions

Please read all these Terms and Conditions carefully (as of 28/03/2024).

As we welcome you to the service (the “Service”) provided via the Hibi app (the “App”) available in the Apple App Store and Google Play Store (the “Stores”), make sure these Terms and Conditions (the “Agreement”) contain all that you want and nothing that you are not happy with. This Agreement is legally enforceable without further reference to you.

These Terms and Conditions should be read alongside, and in addition to, our Privacy Policy, which can be found at: https://hibi.health/privacy-policy/.

1. Introduction

This Agreement will apply to the usage of the App by you (the Customer or you). We are Hibi Health Ltd (“Hibi”) a company registered in England and Wales under number 14527962 whose registered office is at 125-127 Mare Street, London, E8 3RH; (the Supplier or us or we). You can contact us by emailing us at hello@hibi.health or at www.hibi.health (the “Website”).

These are the terms on which we provide the Service to you. Before signing up to the App, you will be asked to agree to this Agreement by clicking on the checkbox labeled 'I agree to the Terms and Conditions and the Privacy Policy'. If you do not click on the checkbox, you will not be able to complete your sign up. You must at least 18 years old to create an account. If you are a parent or guardian of a dependent who is younger than the legal age of majority in your location of residence, you may accept this Agreement on behalf of the minor dependent, but thereby take full responsibility for their use of the Service.

2. About Hibi

The Hibi app provides tools and resources to allow you to help you manage and coordinate your loved one's care, including but not limited to: secure document storage and sharing, a digital care passport, a journal for tracking (e.g., mood, symptoms, behaviours) and logging (e.g., medications, appointments), and an expert-led discover section where you can ask questions and access expert resources.

We generally offer free basic services and fee-based subscription services to provide additional functionalities. By signing up to the App, you only get the free basic services by default. Fee-based subscription services will be made available later. To stay up to the date, please check the Website or you might be notified through the App when there is an update.

NOT MEDICAL ADVICE: You agree that if you choose to use the Service, you are solely responsible for deciding how you act in relation to your health. As such you agree that Hibi is not a healthcare provider, and does not provide you with any actual medical advice. No information provided through the Service, the App, or the Website can substitute professional medical advice. PLEASE DO NOT USE HIBI FOR MEDICAL PURPOSES. IN CASE OF ANY HEALTH ISSUES OR CONCERNS FOR YOUR LOVED ONE OR YOURSELF, CONSULT A MEDICAL PROFESSIONAL.

3. Interpretation

Section headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.

4. Service

The description of the Service is as set out on the Website. Any description is for illustrative purposes only and there may be small discrepancies in the functionality and all functionality is subject to availability and variability.

We are not obliged to accept any registrations and, in our sole determination and discretion, we shall decline the creation and active usage of any and all accounts that are intended to disrupt or falsify the Service or that, in fact, do disrupt or falsify the Service.

You may not copy or publish any part of the app or services.

By using the App, you give us permission to use your anonymous information for product development and statistical purposes to improve the Service for all users.

Subject to your consent to this Agreement and your use of the Service, Hibi hereby grants to you a personal, non-assignable, non-exclusive, limited license (the “License”) to user the software provided to you through the App (the “Software”).

You agree that the Software may automatically download and install updates and upgrades from time to time without further notice to you, to improve or enhance the Software and the Service.

You agree not to post, upload, publish, submit, store, or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. You further agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

5. User Content and Data Protection

We take your privacy and data protection very seriously and retain all personal information under the Privacy Policy and comply with General Data Protection Regulation. By using the Service, you agree to the collection and use of personal information in accordance with our Privacy Policy.

For the purposes of these Terms and Conditions: “Data Protection Laws” means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR. “GDPR” means the UK General Data Protection Regulation. “Data Owner”, “Data Controller”, “Data Processor”, “Personal Data” and “Processing” shall have the same meaning as in the GDPR.

You are the sole Data Owner and retain full ownership of all profile information, data, files, or other materials that you enter, log, or post in the App (the “User Content”). Furthermore, you are the Data Controller, as such you and only you decide to what end or purposes the User Content gets used.

We are a Data Processor of the Personal Data we Process in providing the Service to you.

Subject to creating an account on the App, your data will be stored locally on your device as well as on our servers so that the Service can used over several devices that are logged in. Your data is securely backed up in the cloud.

Throughout your usage of the App, it is solely your responsibility to ensure that any information or specification you provide is accurate.

Hibi is not in any way liable for your User Content. We assume no liability for the deletion, corruption, or failure to store any User Content maintained or transmitted through your use of the App other than the liability required by applicable law.

We may contact you by using email and you expressly agree to this.

For any enquiries or complaints regarding User Content and data protection and privacy, you can email us at: hello@hibi.health.

6. Withdrawal and Cancellation

You can withdraw from this Agreement and thereby the Service by either deleting your account or telling us at any time, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

7. Limitation of Liability

WE DO NOT ASSUME ANY GUARANTEE OR SPECIFIC LIABILITY AS TO THE SERVICE AND WITH REGARD TO THE PURPOSE OF YOUR USE. IN PARTICULAR, WE ARE NOT RESPONSIBLE IF YOU USE THE SERVICE FOR MEDICAL PURPOSES.

8. Governing Law, Jurisdiction, and Complaints

This Agreement (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

9. Change to these Terms and Conditions

Hibi Health Ltd reserves the right to change these Terms and Conditions as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and the App and you are deemed to have accepted the terms of the Privacy Policy on your first use of the Service following the alterations. You may contact Hibi Health Ltd by email at hello@hibi.health.