MX Labs OÜ offers access to the services through Shen Health Application both by ordering a paid subscription for the period selected by the user, including a free trial, and by entering an access Code obtained from an MX Labs Partner, read more. These terms and conditions regulate the access to the application for anyone who wants to subscribe to it individually.
Terms and Conditions of the Shen Health Mobile Application
1. General provisions
1.1. These Terms and Conditions define the terms and conditions for using electronically services provided through the mobile application named Shen Health (hereinafter referred to as the “Application“).
1.2. The service provider providing services through the Application is MX Labs OÜ, with its registered office in Tallinn, Estonia, at the address Lõõtsa tn 5, 11415 Tallinn, registered in the appropriate commercial register under the number 16090991, VAT: EE102308668, e-mail: firstname.lastname@example.org, (hereinafter also referred to as MX Labs, or the Service Provider), and it is also the owner of the Application.
2.1. The terms used in the Terms and Conditions of the Shen Health Mobile Application have the following meanings:
a) Application – Shen Health mobile application, i.e. the Service Provider’s software based on Shen.AI technology in the form of a mobile application, which enables the use of services;
b) Personal Data – information entered by the User and collected by the Service Provider, necessary for using the Application, constituting personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
c) Consumer – User of the Application who is a natural person is a natural person who concludes a transaction with Service provider not related to independent economic or professional activities;
d) Account – an individual account enabling access to the functionality of the Application after the User’s successful registration;
e) MX Labs or Service provider – MX Labs OÜ with its registered office in Tallinn, Estonia, at the address Lõõtsa tn 5, 11415 Tallinn, registered in the appropriate commercial register under the number 16090991, VAT: EE102308668, e-mail: email@example.com;
f) Terms and Conditions – these Terms and Conditions of the Shen Health Mobile Application;
g) Services – services provided by MX Labs enabling the User to access the Application and its functionality, constituting services provided electronically, i.e. at the direct request of a recipient of the services, without the parties being simultaneously present at the same location, which involve the processing, storage or transmission of information by electronic means intended for the digital processing and storage of data, and which must be entirely transmitted, conveyed and received by electronic means of communication;
h) User – a natural person who enters into a contract for the provision of Services, in the performance of which MX Labs provides Services through the Application;
i) External Provider – provider of the Google Play platform or App Store.
3. Technical requirements
3.1. The Application can be downloaded from the Google Play or App Store.
3.2. Using the Application requires a mobile device with a functioning camera and an up-to-date Android or iOS operating system, as well as access to the Internet and an active email account.
3.4. Service Provider makes every effort to ensure that the Application operates 24 hours a day, 7 days a week. However, Service Provider reserves the right to take necessary technical break in the operation of the Application, which will be communicated to Users in advance, if possible. The Application may also be unavailable due to force majeure, actions or omissions of third parties, or other circumstances beyond MX Labs’s control, including Internet access providers or Google Play and App Store services.
4.1. Using the Application requires registering an Account and accepting the Terms and Conditions.
4.2. The Application can be used by individuals who have reached the age of 18. Using the Application confirms that the user is an adult.
4.3. Each User can use the functionalities available in the Application after reading and accepting the Terms and Conditions. In the absence of consent to the terms of these Terms and Conditions, the User should not use the Services provided through the Application.
4.4. The User accepts the Terms and Conditions by checking the appropriate checkbox when creating an Account.
4.5. To create an Account and register, it is necessary to have an active email account and an email address.
4.6. Registration and account creation involve filling in the form fields with data in accordance with the information on the Application screen, including the email address that will be the User’s login and password.
4.7. The User sets an individual password for the Account. The User is responsible for keeping this password confidential. MX Labs is not responsible for the User sharing data related to the individual Account with third parties and the consequences of such sharing.
4.8. At the moment of clicking the button under the name “Register” or a synonym, an agreement is concluded for the electronic provision of the Account management service.
4.9. The User may at any time request MX Labs to delete the Account by sending a message to the following e-mail address: firstname.lastname@example.org. However, if the User has a valid, paid Subscription, deleting the Account may prevent further use of the Services under the Subscription, and if the User has exceeded the deadline to withdraw from the contract, the fee for the Subscription period not used due to the execution of the request to delete the Account is not refundable.
5. Subscription Ordering and Payment Terms
5.1. The Application offers Subscriptions enabling the User to access all its functionalities. In the absence of a valid Subscription, the User will only have access to some and limited functionalities of the Application.
5.2. Variants of the available Subscription periods, their prices, paid in advance, as well as the relevant trial periods of the Subscription are available to the User after registering the Account. Orders and payments for Application Subscriptions are handled only by the External Provider – Google Play or App Store, therefore the User may be asked at the stage of ordering the Subscription to provide the External Provider with specific data necessary to make the payment and accept separate terms and conditions of the External Provider.
5.3. The User orders and pays for the Subscription in accordance with the terms and conditions of the External Provider.
5.4. The User who made the payment for the Subscription with the External Provider is identified by MX Labs on the basis of the e-mail address being the login to the Account in the Application. MX Labs has no access to payment-related data, in particular to the User’s payment card details.
5.5. If the Subscription variant selected by the User provides for a free trial period, the User’s payment card will be charged by the External Provider only at the end of the trial period appropriate for a given Subscription option. Until the end of the trial period, as above the User has the option to cancel the Subscription via the Account settings in the Application, however, each time it will also be required to cancel the subscription via the account settings on the application of the External Provider that handles payments for the Subscription, of which MX Labs will additionally notify the User.
5.6. After the end of a trial period, regardless of the selected Subscription variant, the Subscription billing periods are renewed automatically, and the User’s payment card will be charged by the External Provider only at the end of the last billing period, i.e. in advance for the next billing period. Until the end of the current billing period as above The User has the option of canceling the Subscription for the next period via the Account settings in the Application, however, each time it will also be required to cancel the subscription through the account settings on the website of the External Provider that handles payments for the Subscription, of which MX Labs will additionally notify the User.
5.7. The User is bound by the deadline for canceling the Application Subscription via the account settings on the External Provider’s application.
5.8. The Subscription expiry date can be checked by the User from the settings of his Application Account in the “Subscription” tab, as well as through the account settings on the application of the External Provider that handles payments for the Subscription.
5.9. If the Subscription is canceled during the free trial period or the settlement period of a given variant of the already paid Subscription, the User may use the Services until the end of the Subscription period to which it is entitled. In the event of cancellation of a prepaid Subscription period, the User will not receive a refund of the fee charged for the current Subscription period from External Provider.
5.10. At the end of the trial period, as well as at the end of the billing period of a given Subscription variant, if the User has not previously resigned from the Subscription, its payment card will be charged by the External Provider with the amount due in accordance with the selected Subscription variant, and the External Provider will confirm to the User that the payment has been collected in an e-mail.
5.11. In the matter of any refunds, Subscription management, as well as the exercise of the right to withdraw from the Subscription contract, the User should contact the External Provider
5.12. The Service Provider reserves the right to change the Subscription prices, about which it will inform at least 14 days in advance via the External Provider. Any such change will be effective for the future, i.e. it will apply to the new Subscription renewal period. In the event that the User does not agree to the price change, the User may cancel the Subscription before the start of the new Subscription renewal period in the manner described in point 5.7. above.
6. Right of withdrawal from an agreement
6.1. A User who is a Consumer may, within 14 days, withdraw from a distance agreement without giving a reason.
6.2. The withdrawal period starts on the day of concluding the agreement, i.e. on the day of registering the Account. To meet the deadline, it is enough to send a statement to the Service Provider before its expiry.
6.3. In order to exercise the right to withdraw from the agreement, the User should submit a statement of withdrawal to the Service Provider, e.g. by e-mail to the following address: email@example.com. The User may use the model withdrawal form – then he should complete it and send it to the Service Provider:
MX Labs OÜ, Lõõtsa tn 8a, 11415 Tallinn, Estonia, firstname.lastname@example.org
I/We(*) hereby give notice(*) of my/our withdrawal from the agreement for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for a specific work involving the performance of the following goods(*)/for the provision of the following service(*)
Date of conclusion of the agreement(*)/receipt(*)
Name of consumer(s)
Signature of the consumer(s) (only if the form is submitted on paper)
(*) Delete where not applicable.
6.4. In the event of withdrawal from the agreement, it is considered void.
7. Application functionalities
7.1. Through the Application, the User has the ability to control its health and well-being and use tools that support and encourage them to take care of its health, in particular through the following functionalities:
a) health monitoring, prevention and self-assessment program;
b) camera-based measurements powered by Shen.AI: blood pressure, heart rate, heart rate variability, respiratory rate, cardiac stress;
c) personalized insights and recommendations;
d) health risks: stroke, heart failure, risk of developing atherosclerotic cardiovascular disease in the next 10 years, coronary artery disease, peripheral vascular disease, risk of a serious cardiovascular event, risk of a fatal cardiovascular event in the next 10 years, coronary death, fatal stroke, vascular age;
e) health assessments:
i. lifestyle assessment: a comprehensive assessment of a person’s lifestyle can help identify potential areas for improvement in their overall health. This assessment may include questions about diet, exercise, sleep habits, stress levels, and substance use;
ii. physical assessment: including cardiovascular health, body composition, and musculoskeletal function, it may involve measuring blood pressure, body weight, height, and body fat percentage, as well as assessing muscle strength and flexibility;
iii. mental health assessment: it can evaluate a person’s emotional well-being and identify mental health conditions, it may involve asking questions about mood, anxiety, sleep, and other mental health symptoms;
iv. cardiovascular health assessment: this assessment could include questions about blood pressure, cholesterol levels, family history of heart disease, and any current cardiovascular issues or concerns;
v. diabetes risk assessment: it can help individuals evaluate their risk of developing diabetes by asking questions about family history, weight, diet, physical activity, and other risk factors;
vi. hypertension risk assessment: it can help individuals evaluate their risk of developing hypertension (high blood pressure) by asking questions about family history, diet, physical activity, and other risk factors;
vii. obesity risk assessment: it can help individuals evaluate their risk of developing obesity by asking questions about weight, height, diet, physical activity, and other risk factors;
viii. heart disease risk assessment: it can help individuals evaluate their risk of developing heart disease by asking questions about family history, diet, physical activity, and other risk factors;
ix. stroke risk assessment: it can help individuals evaluate their risk of having a stroke by asking questions about family history, diet, physical activity, and other risk factors;
x. respiratory health assessment: it can help individuals evaluate their respiratory health, including any symptoms of respiratory disorders such as asthma, chronic obstructive pulmonary disease (COPD), and other related conditions;
xi. program targeting people suffering from psychological/mental problems related to depression;
xii. program aimed at people suffering from psychological/mental problems related to professional burnout;
xiii. program aimed at people suffering from psychological/mental problems related to symptoms of neurosis and obsessions;
xiv. program aimed at people suffering from psychological/mental problems related to the lack of skills to cope with stress;
xv. insomnia health assessment;
f) health challenges based on gamification: award points, badges etc.;
g) health calculators: BMI, hydration;
h) medication management and reminders;
i) notifications and push messages;
j) patient card – historical results, export to a doctor or a family member via email, pdf, a link or a QR code;
k) health data import from Google Fit and Apple Health;
l) health knowledge database with contextual placements.
7.2. Services provided through the Application to the User do not constitute healthcare services within the meaning of applicable law. The provision of Services by MX Labs does not involve diagnostic or therapeutic activities and cannot be treated as medical advice, disease diagnosis, therapy, or replace any other healthcare services.
7.3. The User acknowledges that using the Application does not replace a diagnosis and does not constitute a basis for diagnosing, preventing, monitoring, forecasting, or treating the User, and that the services provided through the Application to the User do not constitute healthcare services, which means that health information provided through the Application, including measurement results, is for informational purposes only. If the User suspects, based on the data from the Application, any abnormalities, disease, or the need for help, they should immediately seek medical advice or appropriate healthcare services from the relevant institution.
8. Personal data protection
9. Protection of intellectual property and MX Labs’s interests
9.1. All elements of the Application, including property copyrights, intellectual property rights to its name, internet domain, texts, photos, graphics, logo, etc. – are the property of MX Labs. Using any elements of the Application without prior written consent of MX Labs is prohibited.
9.2. The User is prohibited from using the resources of the Application or services provided by MX Labs, including posting content and materials in their Account in a manner contrary to the law, good manners, violating the personal rights of third parties, or MX Labs’s legitimate interests.
9.3. The User is fully responsible for the content and materials posted in their Account in the Application, including their quality and legality, as well as for any damages resulting from such content and materials. MX Labs reserves the right to remove content and materials posted by the User that violate the provisions of the Terms and Conditions, good manners, or applicable law.
10. Changing the regulations, terms of liability and complaints
10.1. MX Labs reserves the right to change the terms of Service provision via the Application for important reasons. In exceptional cases affecting the safety or stability of the Service, MX Labs has the right to temporarily suspend or limit access to the Application, including during maintenance work aimed at restoring the safety and stability of the Service, about which, if possible, it will inform the Users in advance in the Application.
10.2. If an error occurs in the Application, the User may contact MX Labs by sending a message to the following email address: email@example.com. Complaints regarding non-delivery or abnormalities in the Service can be reported electronically to the above address. The complaint should contain the User’s name, email address and a description of the event the complaint concerns. Complaints will be considered within 14 days from the date of receipt of the report.
10.3. MX Labs is liable for non-performance or improper performance of the agreement.
10.4. Subject to the mandatory provisions of the law, MX Labs shall not be liable for any damages incurred by the User or third parties as a result of using the Service, as well as for damages incurred by the User or third parties in connection with a violation of the Terms and Conditions. In each case, MX Labs’s liability to the User cannot exceed the equivalent of the fee/remuneration paid for a given Service, if it is provided for in the agreement with the User. This does not apply to personal injury or damages caused by MX Labs as a result of deliberate action, for which MX Labs is fully liable.
10.5. MX Labs reserves the right to change the content of these Terms and Conditions with effect for the future, for important reasons, such as a change in the terms of the provision of Services or changes in the law. All changes to the Terms and Conditions will be announced in the form in which they were originally made available to Users, with a 14-day notice period where possible.
10.6. The content of the Terms and Conditions may be recorded by printing, saving to a data carrier, or downloading at any time from the Application.
10.7. In the event of a dispute arising under the agreement based on these Terms and Conditions, the parties will seek to resolve the dispute amicably.
10.8. A User may use out-of-court complaint handling and redress procedures. The rules for access to these procedures are available at the offices or on the websites of entities authorized to handle out-of-court disputes.
10.9. A User may also use the online dispute resolution system between consumers and entrepreneurs at the EU level at http://ec.europa.eu/consumers/odr/.
10.10. Matters not regulated in the Terms and Conditions shall be governed by Polish law.