ARTICLE 1. OVERVIEW AND SCOPE OF TERMS & CONDITIONS
Unless otherwise indicated, these Terms and Conditions of Service (“Terms & Conditions”) apply to (i) your use of and/or access to the lilo.one website and/or other websites (collectively, “Website”) which are owned or operated by Lilo Health SRL or its affiliates (collectively, “Lilo”, “we,” “us,” or “our”), including any portions thereof available only to subscribers, and (ii) your use of and/or access to the mobile phone applications which we may own or operate currently or in the future (collectively, the “Mobile App”) and (iii) your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by us (together with the Website and the Mobile App, collectively, the “Services”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Lilo. The term “Mobile App” shall refer to the App access (hereinafter defined).
Lilo Health SRL is registered in Belgium with company number 0739773171. Our registered office address is: Avenue Aviateur de Caters 13, 1310 La Hulpe, Belgium. You may contact us there by using this email address: firstname.lastname@example.org.
The information contained on the Website and the Mobile App is for general guidance only. Neither the Website nor the Mobile App and the services offered by Lilo constitute medical advice, and are not intended to replace medical advice which should be provided by a qualified and registered healthcare professional. Lilo Mobile App is not a medical device and is in no way a substitution for care or practice. You must act with vigilance towards information presented to you and in accordance with medical advice or treatment plan determined by a registered healthcare professional.
If you are not willing to or cannot be bound by any of these Terms & Conditions, including without restriction the following agreement and acknowledgment, do not access, browse or use the Services. Moreover, Lilo does not grant and will not grant the right or license to use, browse or use the services without the willingness and ability to be bound by all of the terms and conditions of this agreement.
If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or restrict any further access to such information and/or files, or our services, with or without notice.
You must exercise vigilance, common sense and sound judgement while using the Services. You are forbidden from infringing or threatening to infringe the security of the Services. Any such violation may result in criminal and/or civil penalties against you. Lilo may investigate any alleged or possible infringements and, if a criminal violation is suspected, we can contact and/or cooperate with law enforcement authorities in their investigations.
If you are not happy with how we have handled a complaint in relation to the Services, you may submit a dispute for online resolution to the European Commission Online Dispute Resolution platform. You can find this platform and more information about it here: http://ec.europa.eu/consumers/odr/.
ARTICLE 2. AGREEMENT AND ACKNOWLEDGEMENT
a. User Agreement.By using the Services, you accept these Terms & Conditions and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
b. Changes to Terms & Conditions.From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon posting by the Company on the Website, the Mobile App, via the Service or sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the Mobile App or the Website or otherwise using any of the Services following the date in which such Additional Terms become effective.
c. Modification of Services.In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services provided to you, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Services and (iv) changing any feature or functionality provided by the Services. You accept that the revocation or cancelation of your access to or use of the Services can be effected without prior notice. You hereby accept that we shall not be responsible to you or any third party for any revocation or cancelation of your access to any use of our Services.
d. Downloading the Mobile App. You may access the Mobile App which can be downloaded from an applications store or applications distribution platform, such as the App Store or Google Play, (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms & Conditions are entered into between us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to undergo any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms & Conditions; (v) the Mobile App Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms & Conditions, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the Mobile App against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the Services.
ARTICLE 3. ELIGIBILITY
We do not allow people under the age of 18 to become registered users of our Services. By accessing the Services, you represent and warrant that you are at least 18 years of age and have the right, permission and capacity to enter into these Terms and Conditions and to comply with the terms and conditions of these Terms and Conditions.
THE DATA DISPLAYED WITHIN THE APP IS INFORMATIVE AND SHOULD NOT BE USED FOR TREATMENT DECISION-MAKING. YOU SHOULD ALWAYS CONTACT YOUR DOCTOR TO DISCUSS YOUR TREATMENT PLAN AND IN CASE YOU HAVE ANY SYMPTOMS.
ARTICLE 4. SUBSCRIPTIONS
When registering for the App you will be presented with different types of plans to Lilo One Health Plan that differ in subscription terms, e.g. monthly plan that renews and is billed monthly or a 6-month plan that renews and is billed semi-annually. These Lilo One Health Plans may require a fee, paid by the user. You have to select a plan to use the Account. Our plans grant a free trial for a limited period of 7 days from your subscription and we will not charge you during this period (Read more about Free Trials and Auto-renewal in ARTICLE 5). You are responsible for all charges and fees associated with connecting to and using Mobile App and/or the Website, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or Mobile App.
ARTICLE 5. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES
If you are a subscriber to an Account, you further agree as follows:
a. Agreement to Pay. If you become a subscribed user, you are responsible for the fixed and/or periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription. You will pay through the Apple or Google system through which you obtained the relevant App upon confirmation of purchase. Applicable taxes, and other charges and fees incurred in order to access your account may also apply.
b. Auto-Renewal and Free Trial Periods.Unless specifically noted at the time you purchase a subscription, that subscription will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate until cancelled by you. If you don't cancel your membership or subscription more than 24 hours before your trial period or current billing period ends, you will be billed again at the start of each new billing period. You can manage your subscription and cancel it, if you wish so, in the Apple ID or Google Play Store Subscriptions settings - you must go to these settings to change your subscription. If you cancel your subscription or cancel during the Free Trial Period, you may continue to use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you might not be eligible for a prorated refund of any portion of the subscription free paid for the then-current subscription period. We may use commercially reasonable means to remind you of the expiration of any free trial period, but it is your responsibility to track when subscriptions commence and renew.
By subscribing, you authorise the Apple or Google system, Mobile App Provider, to charge your respective account at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed upon your subscription payments. Upon the renewal of your subscription, if your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and therefore agree that Lilo may either terminate or suspend your subscription. You may be granted a "Billing Grace Period" operated by your Mobile App Provider for auto-renewable subscriptions which means you will have a few days to update your payment details before we disable your access to the App. You agree that your Mobile App Provider, as appropriate, will continue to attempt to charge your account until payment is received.
The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If (i) you purchased a multiple-period prepayment plan or (ii) you were eligible for a promotional rate but are no long eligible for that rate, then your subscription will be offered to renew your subscription at our then-current non-promotional subscription rates at the beginning of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription prior to the termination of your current plan.
All refunds are handled by your Mobile App Provider.
d. Modifications.We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mobile App or such other means as we may deem appropriate from time to time (including electronic mail). Any changes made would refer to all memberships created or extended after the date of adoption of those changes.
ARTICLE 6. USER ACCOUNT AND SECURITY
In connection with your use of certain features of the Services, you will be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Services will be current, complete and accurate. As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account of any other member at any time.
YOU MUST NOTIFY US IMMEDIATELY IN THE EVENT OF ANY KNOWN OR SUSPECTED UNAUTHORIZED USE OF YOUR USER ACCOUNT, OR ANY KNOWN OR SUSPECTED BREACH OF SECURITY, INCLUDING LOSS, THEFT, OR UNAUTHORIZED DISCLOSURE OF YOUR OR ANYONE ELSE’S USER ACCOUNT INFORMATION.
You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge.
As a subscriber to the App, you consent as follows:
b. One Account Per User. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website or other Services. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Services using another user name or through any other means.
ARTICLE 7. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM LILO
b. Service Announcements.In using the Services, you may receive periodic electronic communications from Lilo regarding the Services, sent to you via e-mail or posted on the Website and/or the Mobile App, such as introducing new features, important updates and other information regarding the Website and/or the Mobile App, which are part of the Services and which you cannot opt out of receiving.
c. Promotional Communications.You may also receive periodic promotions and other offers or materials Lilo believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each message.
ARTICLE 8. LIMITED LICENSE
Subject to your continued conformity with the Terms & Conditions, including without limitation the timely payment of any relevant fees, we issue you a non-exclusive , non-transferable, non-sublicensable, completely revocable, restricted license to access and use our Services (whether via the Website or through downloading and installing the Mobile App, including any updates or bug fixes). Your use is limited to your own personal, non-commercial use only.
The Services, or any part thereof, can not be reproduced, duplicated, copied, altered, sold, resold, distributed, visited or otherwise exploited for any commercial purpose without the express written permission of Lilo. In addition, except for the limited rights granted in this Section, you can not (and will not encourage or assist any third party): (i) modify, alter, tamper with, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by Lilo to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services.
ARTICLE 9. RESTRICTIONS ON USE OF CONTENT
You acknowledge that our Services contain software, information, content, recommendations, tips, photos, video, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the Belgian copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Services are trademarks of their respective owners. The Lilo Trademark is the registered trademark of Lilo Health SRL.
Our commercial partners, suppliers, distributors, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Services. You may not alter, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.
We may at any time terminate your use of the Services and/or remove or disable any Content that we reasonably and in good faith believe is in violation of any of these Terms & Conditions. We will provide you with notice of any such suspension or disablement before its implementation.
ARTICLE 10. DATABASE OF FOOD, RECIPES AND ACTIVITIES
As part of the Services and the Content we provide, Lilo maintains a database of foods, recipes and activities compiled with the use of handpicked sources and/or created by Lilo in case of the recipe database, keeping the accuracy, completeness, reliability and usefulness in mind. However, Lilo does not (i) guarantee the accuracy, completeness and usefulness of any such information displayed; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such information. Under no circumstances will Lilo be responsible for any loss or damage resulting from your reliance on the information.
ARTICLE 11. USER CONTENT
“User Content” is any content , material or information, data, questions, comments, ideas, feedback, suggestions or other content, including personally identifiable information that you submit, post, display, perform, distribute or otherwise transmit to us, at our request or on your own, on, or through the Services (such as Ideas & Feedback submission). You agree not to submit, post, display, perform, distribute any content, materials or other information in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, or rights of privacy, or in violation of any applicable law or regulation. You are solely responsible for any violations of any laws and for any infringements of third party rights caused by your use of the Services. You are responsible for proving that content, materials or other information do not violate any laws or third-party rights.
You hereby grant Lilo, and collectively, the Lilo Parties (its directors, employees, affiliates, shareholders, representatives, service providers, partners, sublicensees, successors and assigns) a royalty-free, irrevocable, sub-licensable, assignable, perpetual, non-exclusive right (including any moral rights) and license (as well as consent) to use, licence, edit, alter, adapt, reproduce, reformat, publish, translate, transmit, create derivative works from, distribute, derive revenue or remuneration from, perform, display, communicate to the public, and otherwise use any User Content (in whole or in part) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks, and other intellectual and proprietary rights that may exist in User Content.
You further acknowledge that we and our Lilo Parties shall be entitled to unrestricted use of the User Content for any purpose, commercial or otherwise, without compensation to the provider to the User Content. You also permit any user to access, view, display, store and reproduce any User Content that you have made available in any Public section (including Ideas & Feedback) for personal use.
We are not responsible for maintaining a copy of any material we remove from our Services, and we are not liable for any loss you in the event that Content you post or transmit to our Services is removed. Lilo reserves the right to (i) suspend, remove, edit or modify any User Content in its sole discretion at any time, without notice and for any reason, or for no reason at all and (ii) to suspend, remove or block any User Content. Lilo also reserves the right to read, access, preserve, and disclose any information to (i) enforce these Terms & Conditions, (ii) respond to user requests, (iii) prevent, detect or otherwise address fraud, security or technical issues, or (iv) protect the rights, property or safety of Lilo and its users.
Lilo disclaims any perceived, implied or actual duty to monitor the User Content, and disclaims any responsibility or liability for information provided. Under no circumstances will we be responsible or liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content submitted, posted or otherwise transmitted to or through our services.
ARTICLE 12. INFORMATION PROVIDED BY USERS, MEMBERS, SUBSCRIBERS IN PUBLIC SECTIONS OF OUR SERVICES
As a subscriber to the App, you are automatically allowed to contribute to the “Ideas & Feedback” feature of the App with other subscribers of the App as well as the Lilo Team, personnel of Lilo Health. Ideas & Feedback is a Public section, and by using it, you abide by the community standards and conduct guidelines at all times. If not so, we reserve the right to, without notice, delete any User Content for any reason. We have no obligation to review Content prior to the Content’s posting or to delete User Content that you may find objectionable or offensive. Lilo disclaims any perceived, implied or actual responsibility to monitor Public sections and disclaims any responsibility or liability for information provided thereon.
ARTICLE 13. COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You agree that you will not and/or will not use the Website, the App and/or any part of our Service to:
a. Submit, post, or otherwise transmit any User Content or other material that:
(i) are unlawful, threatening, harmful, abusive, harassing, defamatory, vulgar, discriminatory, hateful, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
(ii) contain adult content, including obscene and/or sexual terms, descriptions, profanity or graphic violence;
(iii) incite or encourage criminal or terrorist activities, or physical harm against one another;
(iv) exploit political agendas or issues, or those that contain hate speech towards race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identification, or language of an individual or group;
(v) are not your own or do not have the right to submit, post or otherwise transmit under any law or under contractual relationships;
(vi) are unauthorised advertising, promotional materials, “spam”, “phishing”, “pyramid schemes” or any other form of solicitation, opinions or notices, commercial or otherwise;
(vii) contain software viruses, spyware, worms, adware, or any computer malware or malicious code, files or programs intended to interrupt, destroyed or limit the performance or functionality of any computer software, hardware or telecommunications equipment;
b. Advertise or otherwise solicit funds or constitute a solicitation of goods or services;
c. Impersonate any person or entity, including but not limited to any user of the Services, any employee, director, shareholder or representative of Lilo and Lilo Parties, or falsely state or otherwise misrepresent affiliation to Lilo and Lilo Parties or any other person or entity;
d. Provide misleading, false or inaccurate information to Lilo or any other user;
e. Attempt to scan, test or probe the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorisation;
f. Use or affect our Services in any manner that could damage, disable, impair or overburden the Services, the performance or its functionality, or disrupt the normal flow of dialogue ( including, without limitation “crashing”, “mail bombing” or “flooding”), or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of our Services;
g. Disrupt or interfere with the Services or the servers or networks connected to the Services, or disobey any requirement, policies or regulation of networks connected to our Services;
h. Intentionally or unintentionally violate any applicable local, state, national or international law;
i. Collect, solicit or post personal data or attempt to solicit, collect, or post personal data about other users of the Services;
j. Access or attempt to access another user’s account without his or her permission or consent;
k. Reverse engineer, decompile or disassemble the App, the Website or any of our Services, or attempt to discover or recreate the source code for the App or any portion of our Services; or
l. Assign, transfer or sublicense your rights as a registered user of our Services.
Your use of our Services depends on your compliance with the community standards and conduct guidelines described above. We may revoke your privileges to use all or a portion of our Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are discovered or brought to our attention. If you fail to adhere to these community standards and conduct guidelines, or any part of the Terms & Conditions, we may cancel, in our sole discretion, your participation in the Public section or your use of our Services. Any violation of this article may subject you to civil and/or criminal liability.
ARTICLE 14. THIRD-PARTY WEBSITE SERVICES, PRODUCTS, SERVICES AND DATA COLLECTION
Certain Contents offered on the Website and the App include links to websites of third parties (“Third-party Websites”), some of whom may have established relationships with Lilo and some of whom may not. We do not have control over the content and performance of Third-Party Websites. Lilo cannot review or control all of the material made available on or through Third-Party Websites and is not liable nor responsible for any content, advertising, products, or other materials on or available from Third-Party Websites. Lilo does not warrant, represent or endorse any Third-Party Website, or the accuracy, content, lawfulness, performance or quality of the content or any material provided on or through the Third-Party Websites.
Certain features, software products and services offered through our Services are provided, in whole or in part, by Third-Party Service Providers. In order to use Third-Party Service Providers and their services, you may be required to agree to additional terms and conditions with Third-Party Service Providers. Our Terms & Conditions only apply to our Services and not to the services of any other person or entity, and your right to use such Third-Party Software as part of our Services is subject to and governed by the terms and conditions of the Third-Party Service Providers. In the event of a conflict between the terms of these Terms & Conditions and the terms of such Third-Party Service Providers, the terms of the Third-Party Service Providers shall control with regards to your use of the relevant Third-Party Service only.
ARTICLE 15. HEALTH AND MEDICAL SERVICE DISCLAIMER
Lilo does not provide professional medical advice or services, The Service provided by our Website and/or the App does not contain or constitute, and should by no means be interpreted as medical advice or opinion. No official doctor-patient relationship is created through our Services. Use of the Services is not for medical emergencies.
Any content, features, information or other materials provided through and/or in the Services are for informational purposes only. Lilo is not a medical professional, nor a medical device, and Lilo does not provide medical services or medical advice. Nothing displayed or contained in the Services should be considered as such advice or diagnosis. The information generated by us should not be interpreted as a substitute for physician consultation, evaluation, treatment or diagnosis and the information made available on or through the Services should not be relied upon when making medical decisions, and/ or ti diagnose, treat a medical or health condition. Your use of our Services does not create or constitute a doctor-patient relationship between you and any of the users, doctors or other Lilo Parties. You are advised and even urged to seek advice of a physician or a healthcare professional with any questions you may have regarding your health before beginning physical activities and new nutritional habits or any other plans that may be references, discussed or provided under our Services.
If you are being treated for an illness, taking prescription medication or following a therapeutic diet to treat an illness or a disease, it is especially urged to consult with your physician before using our Services. By using our Services, you comply and represent that you are not using our Services or participating in any of the parts of our Services and activities offered by our Services for the purpose of seeking medical attention. You agree that, before using our Services, you shall consult and seek medical advice from your physician, particularly if you are at risk of problems resulting from changes in your diet or exercise. If any content, or information you receive from using our Services that is inconsistent with the medical advice from your physician, you are urged to follow the advice of your physician.
ARTICLE 16. DISCLAIMERS AND WARRANTIES
Lilo, on behalf of itself, its affiliates and Lilo Parties, disclaims all warranties. The products, offerings, content and materials provided in our Services are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permitted by law, Lilo, on behalf of itself, its affiliates and Lilo Parties, disclaims all warranties, expressed of implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, compatibility, security, accuracy or non-infringement. Neither Lilo, nor its affiliates or Lilo Parties warrant that the Services, the App or any function contained in any of our Services will be uninterrupted and error-free, that defects will be corrected, or that any part of our Services are free of virus or other harmful components.
Any product, content, or any other material downloaded or otherwise obtained through the use of our Services is done at your sole risk and you will be solely responsible for any damage to your computer or devices or loss of data that result from such download. Neither Lilo, nor its affiliates or Lilo Parties warrant or make any representations with regards to the use or the result of the use of any product, content, or any other material in our Services with regards to the correctness, accuracy, performance, reliability, or otherwise.
No advice or information obtained by you through our Services or from our personnel shall create any warranty not explicitly stated in these Terms & Conditions.
ARTICLE 17. LIMITATION OF LIABILITY
You acknowledge and agree that in no event shall Lilo, its affiliates and Lilo Parties, or respective Third-Party Service Providers be liable for any direct, indirect, incidental, consequential, exemplary or special damages, or any other damages, including but not limited to damages for loss of profits, use, data, goodwill or other intangible losses (even if you have been advised of the possibility of such damages), arising or resulting from (i) the use of the inability to use the Services; (ii) the use of any content or other material on the Website, our App or Applications linked to our App; (iii) the cost of procurement of substitute goods and services resulting from any products, data, information or services purchased or obtained, or transactions entered into through or from our Services; (iv) unauthorised access to or alteration of your transmissions or data; (v) or any other matter relating to our Services.
You, on behalf of yourself, your personal representatives, and your heirs agree to waive, discharge, hold harmless and release Lilo, its affiliates and Lilo Parties, from any and all claims, actions or losses for bodily injury, property damage, wrongful death, emotional distress, loss of Services, or other damages or harm, whether to you or to Third-Parties, which may result from your use of our Services.
The maximum liability of Lilo and Lilo Parties and respective Third-Party Service Providers to you, under all circumstances for all damages, losses, and causes of action shall not exceed the amount paid by you, if any, for accessing our Services. If any portion of this limitation is found to be invalid, liability is limited to the fullest extent permitted by law. You agree that this limitation of liability represents a reasonable allocation of risk and it is the fundamental element of the basis of the bargain between Lilo and you. The Services would not be provided without such limitations. Any cause of action by you as the result of or relating to the Services, or these Terms & Conditions must be instituted within one year after the cause of action arose or be forever waived and discharged.
ARTICLE 18. INTELLECTUAL PROPERTY
- Software. You acknowledge and agree that our Services and all intellectual property rights associated are, and shall remain the property of Lilo( and where applicable, its licensors). You acknowledge and agree that the source and object code of the Website, the App and/or other Lilo applications, and the format, directories, queries, algorithms, organisation and structure of the Website, the App and/or other Lilo applications are the intellectual property and proprietary and confidential information of Lilo and Lilo Parties. Except as explicitly stated in the Terms & Conditions, you are not granted any intellectual property rights to our Services by any legal theory and all rights in and to Services are reserved and retained by Lilo.
- Trademarks. Lilo is a trademark of Lilo Health SRL. Other trademarks, service masks, logos, graphics and domain names appearing on the Website, the App or in other Content provided to you may be trademarks by third-parties. Neither your use of our Services, nor the Terms & Conditions grant you any right, interest, title or any licence to reproduce or otherwise use Lilo Trademarks or any third-party trademarks, service masks, logos, graphics and domain names. You agree that goodwill in the Lilo Trademarks generated as a result of your use of our Services will insure to the benefit of Lilo Health SRL, and you agree to assign all such goodwill to Lilo Health SRL.
- Copyright Notice. All content and other materials available through the Services are either owned by Lilo or are property of Lilo’s licensors and suppliers, unless otherwise stated. Neither your use of our Services nor these Terms & Conditions grant you any right, interest or title to any such content or materials.
ARTICLE 19. APPLICABLE LAW
These Terms & Conditions shall be governed by and in accordance with the Belgian Law. You agree that any action at law or in equity arising out of or relating to the use of our Services or these Terms & Conditions shall be filed only in Belgium and you hereby consent and submit to the jurisdiction of such court for the purposes of litigating any such action.
ARTICLE 20. TERM AND TERMINATION
a. Termination. The Terms & Conditions will remain in full force and effect while you use our Services. We may terminate your use of, or access to, our Services in accordance with these Terms.
b. Effect of Termination. Termination of these Terms & Conditions automatically terminates all rights and licenses granted to you under these Terms & Conditions, including all rights to use the Services, except that all terms that by their nature may survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, disclaimers, limitations of liability, User Content license, governing law).
c. Legal Action. If we, in our sole discretion, take legal action against you in connection with any actual or suspected breach of these Terms & Conditions, we will be entitled to recover from you as part of such legal action, and you agree to pay, our reasonable costs and attorneys’ fees incurred as a result of such legal action. Lilo Parties will have no legal obligation or any other liability to you or to any third-party arising out of or relating to termination of the Terms & Conditions.
We hope you enjoy Lilo!
© Lilo Health SRL.
Last updated: 30 November, 2020