Terms of Service

updated: 26 December 2019

These Terms of Service (hereinafter, the Terms) regulate the general manner of use of the Services and the distribution of rights, obligations and liability of Healthy Networks OÜ (hereinafter, Healthy Networks) and users of the Services. These Terms of Service neither govern nor define the rights and obligations of third parties.

Take a moment to find out more about our Terms of Service and contact us if you have any questions.

By using our Services, you are agreeing to these Terms. Subject to these Terms, Healthy Networks grants you a personal non-transferable right to access and use the Services.

1. General Provisions

1.1. The Services includes the mobile application “LungPass” (hereinafter, LungPass), its web-version and the web-site with a domain name “lungpass.com” (hereinafter, the Web-site).

1.2. The Services are designed to conduct an automatic lungs auscultation with the usage of LungPass, to monitor your health status, as well as to obtain relevant information about the Services through the Website.

1.3. The administration of the Services as well as technical support is provided by Healthy Networks Limited Liability Company located: Starynaŭskaja str. 3, unit 11H, 220056, Minsk, the Republic of Belarus.
email (general questions): support@lungpass.com
email (personal data questions): dpo@lungpass.com

1.4. The time of availability of the functionality of the Services is determined by Healthy Networks and may be changed without prior notice.

1.5. Healthy Networks is not a medical institution or a health care provider, and LungPass should not be used as a replacement of professional medical examinations. Please do not replace professional medical care with LungPass usage in emergency situations that threaten your life. You can always ask for emergency medical help by calling 112 (for Europe) or 911 (for the USA) or contacting your nearest medical facility.

2. Terms and Definitions

2.1. For the purposes hereof, the following terms and definitions are used:

You (User) – any individual who uses the functionality of the Services and has reached the age of full legal capacity in accordance with the legislation of the country of their citizenship.

We (Healthy Networks) - Healthy Networks OÜ.

Services - the web-site with a domain name “lungpass.com” and the mobile application “LungPass” (including its web-version).

3. User Consent

3.1. By continuing to use our Services, you are agreeing to these Terms of Service. Please stop using our Services if you do not agree to these Terms of Service.

3.2. By expressing consent, you agree to regularly check and read notifications about updates and (or) additions to the Terms.

3.3. By expressing your consent, you also confirm that LungPass should not be considered as the replacement of personal medical examination of your lungs, and that the usage of LungPass must be periodically combined with your physician’s consultation and examination in medical institutions.

4. Rights and Obligations

4.1. Hereunder we undertake to:

(1) comply with the Privacy Policy as well as the relevant requirements for personal data protection;

(2) duly consider incoming applications, complaints and comments of Users.

4.2. We have the right to:

(1) amend and (or) supplement the Terms, if necessary, including updates in accordance with the applicable law;

(2) modify, suspend or terminate operation or access to the Services, any part and/or function of the Services for any reason;

(3) interrupt the operation of the Services or any part thereof, if it is required to perform any maintenance, bug fixes and (or) make any other modifications.

4.3. The User agrees to:

(1) submit accurate information requested for the use of the Services;

(2) comply with the Terms of Service and other rules of use of the Services (Privacy Policy) as well as any other applicable law;

(3) bear full responsibility for keeping personal account details, including the password, confidential, as well as for any other activities that occur on behalf of the user account.

You agree to notify us immediately in case of a compromised account (theft, unauthorized access);

(4) ensure that there are sufficient legal grounds for uploading third-party personal data to the Services by the user in the case of creating several profiles within one LungPass account;

(5) refrain from re-engineering (reverse engineering), decompilation and disassembly of the Services or parts thereof, refrain from actions aimed at determining the source code of the Services, refrain from actions aimed at circumvention of the software and hardware means of protection of the Services;

(6) refrain from using the Services for any purpose prohibited by applicable law or these Terms as well as incite any illegal activity or other activity that violates our rights and legitimate interests as well as the rights and legitimate interests of third parties.

4.4. The User has the right to:

(1) use the functionality of the Services within the limits and in the manner permitted hereby and by the applicable law;

(2) contact Healthy Networks for suggestions and/or complaints.

5. Data Protection

5.1. The Services may collect and process your personal data. Any collection and processing of your personal data is governed by our Privacy Policy and Cookies Policy.

6. Content of Services

6.1. All text, graphics, user interfaces, visual interfaces, photographs, names and trademarks, logos, sounds, music, images and any other audio-visual content and software code (collectively referred to as the Content), including, without limitation, the design, structure, selection, coordination, appearance, overall style, location and any other way of organising the Content as part of the Services, are either owned by us or transferred to us for further use by their owners under relevant agreements. The Content is protected by copyright, law on trademarks and other laws governing intellectual property and unfair competition.

6.2. Unless expressly indicated herein, no parts of the Services or the Content may be copied, reproduced, published, posted online, sent by mail, demonstrated in public, encoded, translated, transmitted or otherwise sent (including copied) to another computer, server, website or any other data medium for publication, distribution or any other commercial purpose as well as used otherwise and in any other form without our prior express written consent.

6.3. You may use the information which is specifically provided by us and can be downloaded from the Services provided that you keep copyright marks in all languages in all copies of such documents, use such information for your personal, non-commercial (not related to commercial profits) informational purposes and do not copy or post such information on any network computer or transfer it to any medium, do not make changes to such information or make additional representations or warranties relating to such documents.

6.4. All rights save those expressly granted to you in these Terms are reserved

7. DISCLAIMER

7.1. HEALTHY NETWORKS GUARANTEES NEITHER UNINTERRUPTED OPERATION OF THE SERVICES NOR THAT ITS USE OR THE USE OF ITS FUNCTIONS WILL HELP YOU OBTAIN YOUR DESIRED RESULTS. THE SERVICES AND ITS CONTENTS ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. ANY INFORMATION IN THE SERVICES MAY BE REMOVED AND/OR AMENDED WITHOUT PRIOR NOTICE. HEALTHY NETWORKS IS NOT RESPONSIBLE FOR ANY ACTIONS AND (OR) OMISSIONS OF ANY THIRD PARTY WITH REGARD TO YOUR USE OF THE SERVICES.

7.2. Some links on the Services may lead to resources on third-party websites. These links are provided for the convenience of users, and Healthy Networks does not bear responsibility for the availability of these resources and their content.

7.3. The Services allow to enter and send information, including confidential information, to the relevant sections of the Services. Users will be fully responsible for the completeness and accuracy of such information and undertake to obtain any necessary permits to enter third-party personal data in the Services from such third parties.

7.4. Despite the fact that LungPass is a mobile application that provides the analysis of automatic auscultation of the lungs at an extremely high level, and a service that is developed with the involvement of professionals in the field of pulmonology, its use is not a complete replacement of a personal visit to pulmonologists and of a detailed examination in medical institutions. Please combine the usage of LungPass with a periodic personal examination with your physician (at least 1 time in 3-6-12 months, depending on the presence or absence of chronic diseases and their severity), as well as, please, care for your health.

8. Payments

8.1. Some functionality of LungPass is paid, so we integrated the appropriate payment service into our application.

8.2. Any processing of your payment information (details of your payment card) is governed by our Privacy policy.

8.3. Actual prices for the paid LungPass functionality are mentioned in application stores (App Store, Play Market, etc.). In case of any change in the amount of payment, we will inform you by a notification in LungPass and we will continue to charge the changed amount only if you agree to such changes.

8.4. When you purchase the paid LungPass functionality, payment for its use will be charged on a monthly basis from your payment card, which you indicated in the corresponding application store.

8.5. We use Google Play as a payment service, so any of your payments in LungPass will go through this service. Such a transfer of your payment info is also described in our Privacy policy.

8.6. By agreeing to these Terms, you also warrant that you use your personal payment card to pay for the paid LungPass functionality and that you do not use any stolen, found or non-owned payment cards to make any payments in our app.

8.7. If the auto-renewal function is enabled, then the LungPass subscription will be renewed automatically at the end of the payment year. If you want to refuse automatic renewal of your subscription, turn off the automatic renewal function or contact our technical support on this issue.

9. Additional Terms

9.1. If necessary, the Terms may be altered and (or) updated at any time of operation of the Services. The Services will be updated with the new version of the Terms and the date of their adoption. If you disagree with amendments and/or additions hereto, you must discontinue the use of the Services and their functionality.

9.2. The Terms are an agreement between us and the User with respect to the use of the Services. Any other prior written or oral agreements or arrangements with respect to such use are hereby cancelled.

9.3. If any provision hereof is invalid or unenforceable, other provisions shall remain valid and enforceable to the fullest extent permitted by the applicable law.

9.4. Failure to enforce your strict compliance herewith cannot be construed as our waiver of any provision hereof or any right hereunder.

9.5. The law applicable to these Terms of Service is the law of Estonia. The competent court at the location of Healthy Networks has the exclusive jurisdiction over all disagreements and disputes arising out of or in connection with the Terms.

9.6. The Terms are drawn up in English and in Russian. In case of any discrepancies, the Russian version of the document shall prevail.