Terms of Use
Welcome to Jonda! Jonda is a cloud-based service by Jonda Health Pte. Ltd. (“Jonda,” “we,” “us,” “our”) that helps you to store, manage, create and share your health information and medical records (collectively, the “Health Data”) securely using cryptographic end-to-end security.
This document contains the legal terms of service for your use of our app and other related technologies and services (collectively, the “Services”). Please read these terms carefully before using the Services, as they specify (i) your ownership of your Health Data, (ii) our rights to use the underlying data to provide the services to you, (iii) details relating to auto-renewal of subscriptions, (iv) the rules to follow when you use the Services, and more.
Securing your Health Data and respecting your privacy choices is important to Jonda and central to our mission of creating a patient-centric technology service. For details on how we manage and process your data, as well as give you control of the data, please review our Privacy Policy.
1. Acceptance of Terms
1.1. Jonda provides the Services to you subject to the following terms (as amended from time to time, the “Terms of Use”). By using or accessing the Services, you are agreeing to these Terms of Use. For the purposes of these Terms of Use, “you” and “your” means you as the user of the Services.
1.2. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. In the event of any conflict or inconsistency between any such supplemental terms, policies or documents and these Terms of Use, the terms in these Terms of Use shall prevail.
2. Services
2.1. Services. Jonda provides a cloud-based service that (i) allows you to upload or input your Health Data and other relevant information; (ii) allows you to decide whether and how to use and disclose any such information to us or third parties of your choice, including caregivers, medical professionals, and researchers; and (iii) in some cases Jonda may partner with third parties to enable you to automatically store and view your encrypted health data from the third party on Jonda.
2.2. Variations. You acknowledge that the Services may vary from place to place, time to time and device to device and are subject to various parameters such as specifications, device, internet availability and speed, bandwidth. The Services are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary discontinue the Services.
2.3. Not medical advice. The Services, including all material and information made available through the Services, are for informational purposes only and do not constitute professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. The Service is not a substitute for professional medical advice; never disregard professional medical advice or delay in seeking it because of something made available through the Services. Jonda does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services.
2.4. Compatible systems. The Services can be accessed through platforms, software and devices, which Jonda authorises from time to time, the current list for which can be found on the app stores where our app is made available (“Compatible System”). In some cases, whether a device is (or remains) a Compatible System may depend on the software or platform provided or maintained by the device manufacturer or other third parties. As a result, a device that is a Compatible System at one time may cease to be a Compatible System in the future. We cannot guarantee that the Services will be compatible with, or available on, your device. You are solely responsible for obtaining and maintaining all hardware and telecommunication services necessary to use the Services, and all fees associated therewith.
3. Encryption and Security
3.1. Encryption. You acknowledge that by using the Service, your Health Data shall be encrypted by client-side encryption ("Encrypted Data”). To the best of Jonda’s knowledge, Encrypted Data cannot be decrypted or inverted by Jonda or any unauthorised third party.
3.2. Collaboration. The Encrypted Data can only be decrypted by you by accessing your account and by persons with whom the Encrypted Data are specifically shared with ("Collaborator").
3.3. Roles and permissions. You understand that your Encrypted Data will be accessible by your Collaborators to the extent you have granted them access.
3.4. Security Token. A unique encryption key (“Security Token”) shall be generated in relation to your account and shall be stored on your Compatible System. Jonda has no access to Security Tokens and will not be able to recover Security Tokens relating to your account. Jonda is not liable if your Encrypted Data cannot be decrypted and / or recovered due to loss of the Security Token.
4. Usage of Services
4.1. Account registration. In order to use the Services, you need to register your account and register for a subscription plan (“Subscription”). If you are under 16 years of age, you are not authorised to use the Service. If you are above 16 years of age, you may be able to register multiple profiles under your account, including for individuals under 16 years of age. If you register an account, you represent and warrant to Jonda that all required registration information you submit is truthful, complete and accurate, and that you will maintain the accuracy of such information. Furthermore, if you register multiple profiles under your account, you represent and warrant to Jonda that you are authorised to do so or may validly act on behalf of the relevant individuals for the registration of the profiles of these individuals.
4.2. Member account, password and security. You are responsible for maintaining the confidentiality and security of your Jonda username, password and other account information, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Jonda of any unauthorised use, or any other breach of security including unauthorised disclosure of your username and/or password; and (b) ensure that you are logged out of your account at the end of each session when accessing the Services. Jonda is not liable for any acts or omissions by you in connection with your account, or for any loss or damage arising from your failure to comply with this section. Jonda is also not liable for any loss or unauthorised access, use or disclosure of your information, or for any other loss or damage of any kind incurred, arising from a stolen or lost mobile device.
4.3. User representations and restrictions. By using the Services, you represent and warrant that: (a) you have the legal capacity and you agree to comply with these Terms of Use; (b) your use of the Services will neither infringe nor violate the rights of any other party (including intellectual property rights) or breach any contract or legal duty to any other party; and (c) where you create an account and add multiple profiles, you have all necessary permissions and rights to manage the records and data of the respective profiles. You agree not to (a) use the Services for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (b) use the Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Services; (c) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Services; (d) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, including with bots, crawlers, spiders, data miners, scraping, or other automatic access tools; (e) engage in unauthorised framing of or linking to the Service; (f) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (g) attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services, or attempt to probe, scan, or test the vulnerability of any system or network connected to the Services; (h) upload or share any information or content on or through the Service other than medical records and health information; (i) upload or distribute any information or content through the Service without the appropriate permissions or rights; (j) upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (k) use the Services to send automated queries to any website or to send any unsolicited commercial e-mail; (l) use the Services for any purposes related to scientific research, analysis or evaluation of the Services without our express written consent; (m) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services; (n) use the Services in a manner inconsistent with any applicable laws or regulations or otherwise infringe these Terms of Use.
4.4. Service monitoring. Although Jonda has no access to the Encrypted Data, we reserve the right, but have no obligation, to monitor any account and / or activities conducted through or in any way related to the Services.
4.5. Sharing of records. When you agree to share your information or records with third parties, Jonda does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Jonda will have no liability with respect to any loss or damage of any kind incurred as a result of any sharing of your information or records with such third parties, or any other dealings between you and such third parties. You acknowledge sole responsibility for and assume all risk arising from the sharing of your information or records with any third party.
4.6. General practices regarding use and storage. You acknowledge that Jonda may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that information, records and other content will be retained by the Services and the maximum storage space that will be allotted on Jonda’s servers on your behalf.
4.7. Internet connection. You understand that certain functions of the Services require an internet connection. You are responsible for procuring and maintaining the network connections that connect your network to the Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Services.
5. Subscription
5.1. Subscription. The Services can be accessed and used only by registered users who have registered for a Subscription. To purchase or obtain access to a Subscription, you may be required to provide certain personal information to Jonda and may be required to make payments (“Subscription Fee”) through a debit card, credit card, wallet or other payment method that you have selected (“Payment Method”). You acknowledge that Jonda may offer different kinds of Subscriptions, each of which will be subject to different limitations and restrictions and the Subscription Fee for each of these Subscriptions may vary. The scope of the Services provided by Jonda to you under your Subscription would depend on the Subscription purchased.
5.2. Purchase of Subscription. You may purchase or obtain access to a Subscription (a) through a third-party app store; or (b) through a bundle with one or more of our business partners, which may include but are not limited to insurance companies and banks. If you obtain access to a Subscription through one or more of our business partners, the purchase may be further subject to the terms of such business partners, and payment and management of the bundle subscription may be administered by them.
5.3. Payment method. You authorise us and the app stores to charge the Subscription Fee and applicable fees to the Payment Method. You agree to keep your payment information complete, accurate and up to date while any Subscription remains outstanding. You represent and warrant that you have the right to use the Payment Method and any payment information that you submit. You are responsible for all applicable fees and charges incurred, including applicable taxes, in relation to all Subscriptions purchased by you.
5.4. Payment. Unless otherwise stated, all Subscription Fee are payable in advance on a recurring interval disclosed to you prior to your purchase and will be billed automatically to the Payment Method at the start of the next applicable Subscription period.
5.5. Auto-renewal. Unless otherwise stated, by purchasing a Subscription you agree that your Subscription will be automatically renewed. Unless you cancel your Subscription, you authorise us and the app store to charge your Payment Method for the renewal term. The period of auto-renewal will be the same as your initial Subscription period unless otherwise disclosed to you on the Services. The renewal rate will be no more than the rate for the immediately prior Subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to the auto-renewal, in which case you will have the right to cancel the renewal of your subscription. You understand and acknowledge that the Payment Method chosen by you may not enable Jonda or the app store to charge your Payment Method at the time of renewal and you may have to make a payment for the Subscription Fee for the renewal to continue your Subscription. Your Subscription will continue until it is terminated by Jonda or you in accordance with these Terms of Use.
5.6. Changes to Subscription by Jonda. Jonda may change your Subscription (including the Subscription period), the Subscription Fee and/or your billing cycle by giving you advance notice for any such changes. If you do not agree with any change, you may cancel your Subscription. However, please note that your cancellation of your Subscription shall take effect at the expiry of the current Subscription period. Any changes to your Subscription Fee or your billing cycle will be effective only after the expiry of the current Subscription period for which you have already been billed.
5.7. Downgrade and cancellation. No refunds or credits for the Subscription Fee or payments will be provided to you if you should elect to downgrade or cancel your Subscription. Please consider the relevant changes carefully as downgrading the Subscription may cause loss of content, features, or capacity of the Services, and Jonda does not accept any liability for such loss.
5.8. Status of Subscription. You can check the status of your Subscription, including the scope of Services covered by your Subscription and the applicable Subscription Fee, anytime through the “Subscriptions” section under the user profile page of our app.
6. Free trial
6.1. Free trial subscription. From time to time, Jonda may offer a free trial subscription for the Services. If applicable, the free trial subscription will last for such period, and cover such scope of Services, as is notified to you by Jonda when you register for the Subscription. Your eligibility for a free trial including the duration of such free trial and the Services available to you during the free trial period is at the discretion of Jonda. The availability of a free trial is not guaranteed and, if available, is only available to those who have not previously used the Services. Jonda reserves the right to modify or terminate any free trial offer, your access to the Services during the free trial subscription, or any terms relating to the free trial subscription without notice and with no liability. Jonda further reserves the right to limit your ability to take advantage of multiple free trials.
6.2. Cancellation of free trial subscription. If you cancel your free trial subscription before the end of the free trial period, you will not be entitled to any compensation, monetary or otherwise, from Jonda for the un-used period of the free trial. Once you have cancelled your free trial subscription, you cannot resume the free trial period even if it was not used for the entire period of the free trial.
7. Modifications and Updates to Services
7.1. Modifications to Services. Jonda reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Jonda will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
7.2. Updates. Without limiting the foregoing, we may provide updates for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). You acknowledge and agree that certain portions of our Services may not properly operate if you do not install all Updates. Further, you agree that the Terms of Use (and any additional modifications of the same) will apply to any and all Updates to the Services.
8. Your Ownership of Records
8.1. Your Content. You maintain your ownership of all Health Data and other materials which you upload, submit, create or share through the Services (the “Content”).
8.2. Representations and warranties. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Content. You agree that your Content will not contain material subject to copyright, confidentiality obligation or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to upload, submit or share the Content and to grant us the rights in relation to such Content as set out in these Terms of Use.
8.3. Limited rights granted to Jonda. These Terms of Use do not grant Jonda any ownership over your Content or your intellectual property, except for the limited rights that are reasonably necessary for Jonda to provide the Services in accordance with these Terms of Use, in particular to enable you to store, manage, create and share your Health Data.
9. Jonda’s Intellectual Property Rights
9.1. Jonda Content. Except as expressly provided in the Terms of Use, Jonda and/or its licensors own the Services and work product, including the “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, text, graphics, software, sound, videos, data and other materials made available on or through the Services (collectively, other than your Content, the “Jonda Content”), along with all right, title and interest in and to the Jonda Content (including any and all intellectual property rights therein). You agree not to take, or allow any third party to take, any action inconsistent with such ownership interests, or duplicate, reproduce, publish, display, distribute, transmit, transfer, decompile, reverse engineer, modify, create derivative works from, or otherwise exploit the Jonda Content unless specifically authorised in writing by us. You further agree not to remove, alter or obscure any copyright, trademark, or other proprietary right notices incorporated in or accompanying the Jonda Content. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to any intellectual property rights arising from or subsisting in the Jonda Content.
9.2. Jonda Trademarks. The Jonda name and logos and all related names, logos, product and service names, designs and slogans are trademarks and service marks of Jonda or its affiliates or licensors (collectively the “Jonda Trademarks”). Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with or connected to Jonda. Nothing in these Terms of Use or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any of the Jonda Trademarks without our prior written permission in each instance. All goodwill generated from the use of Jonda Trademarks will inure to our exclusive benefit.
9.3. Refined Health Information. As a part of the Services, we may produce reports, summaries, graphs, representations or other analysis of your Health Data (collectively, “Refined Health Data”) in relation to the Services and pursuant to your Subscription. Jonda may only use and disclose such Refined Health Data (which is part of the Services) consistent with these Terms of Use and the Privacy Policy.
9.4. License granted to you. During the period of your Subscription, subject to your compliance with these Terms of Use, Jonda hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, revocable and non-exclusive license to (a) download, install and use our app, downloaded directly from a legitimate marketplace, on a mobile device that you own or control; and (b) use the Services, solely for your own personal, non-commercial purposes in accordance with the Terms of Use and the terms of your Subscription.
9.5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that any contribution of Feedback provided by you to Jonda is non-confidential and becomes the property of Jonda. Jonda may use and disclose Feedback in any manner and for any purpose whatsoever without notice or compensation to you and without retention by you of any proprietary or other right or claim.
10. Termination
10.1. Termination of Services by Jonda. Jonda reserves the right to immediately terminate, suspend, limit, or restrict your Subscription or Jonda account, and/or your access to your Jonda account and the Services at any time without notice or liability to you or any other person, if (a) Jonda, in our sole discretion, determines you are or have been in violation of these Terms of Use or acting inconsistently with the letter or spirit of these Terms of Use; (b) Jonda is required to do so by law or in response to requests by law enforcement or other government agencies; (c) Jonda, in our sole discretion, determines you have created risk or possible legal exposure for Jonda, the general public, any third party, or any user of the Services; (d) the partner with whom Jonda offered the Services to you has terminated its relationship with Jonda or you; (e) Jonda is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; (f) the provision of the Services to you by Jonda is, in Jonda’s opinion, no longer commercially viable; (g) there are unexpected technical issues or problems; or (h) Jonda reasonably believes that your Jonda account has been created fraudulently, your Jonda account has been accessed fraudulently, or anyone uses your Jonda account to commit fraud or for any purpose other than its intended purpose and in accordance with all applicable requirements. To the fullest extent permitted by law, you agree that Jonda and/or its affiliates will not be liable to you or to any third party for any such restriction, suspension or termination of your Subscription or Jonda account, and/or your access to your Jonda account and the Services.
10.2. Termination of account by you. If you would like to terminate your Jonda account, you may do so by deleting your profile under the “Settings” section of our app.
10.3. Cancellation of Subscription. If you purchased your Subscription through a third-party app store, you may cancel your subscription according to the current process outlined by the relevant third-party app store and such cancellation will be governed by the terms of the relevant third party app store. If you cancel your Subscription or your Subscription expires, Jonda reserves the right to terminate your Jonda account if no new Subscription is made on your Jonda account within one (1) year from the cancellation or expiry of your previous Subscription (“Grace Period”). During this Grace Period, you can purchase a new Subscription.
10.4. Non-refundable. Unless otherwise set out in the terms of the third party app store through which you purchased your Subscription, if your Jonda account is terminated or your Subscription is cancelled, the Subscription Fee billed for your current Subscription period are non-refundable.
10.5. Further details. For more details on how to terminate your Jonda account, cancel your Subscription or re-subscribe to the Services, you may contact our customer support services at support@jonda.io
10.6. What happens at termination. Upon the termination of your Jonda account, you will no longer be able to log into the account and we will delete your Health Data (except where we are required to retain your data under applicable laws), and such Health Data cannot be recovered. All sections of these Terms of Use which expressly or by implication is intended to come into or continue in force on or after the termination of these Terms of Use will remain in full force and effect. Termination of these Terms of Use for whatever reason will not affect any rights, remedies, obligations or liabilities of Jonda or you that have accrued up to the date of termination.
11. Discount or Gift Codes
11.1. If you have received a discount or gift code in connection with the Services, the following terms apply in addition to any terms and conditions of the specific discount or gift code:
11.1.1. To redeem a discount or gift code, log in to your Jonda account and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when making a new Subscription, and to accounts not already attached to an existing Subscription. A payment method may be required to redeem a discount or coupon code.
11.1.2. Discount and gift codes cannot be combined with any other sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts.
11.1.3. It is your own responsibility to use a discount or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the relevant Subscription before the end of a free or discounted period if you do not want to continue with the Subscription at the regular price.
11.1.4. The terms and conditions of a specific discount or gift code may include additional restrictions on its use, including but not limited to the type of subscription plan, duration of free or discounted Services, and/or validity dates. Jonda reserves the right to cancel or withdraw discount and gift codes at any time and without prior notice.
12. Communications between You and Jonda
12.1. When you use the Services, you may be given the opportunity to consent to or opt out from receiving communications from us through email, text and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your information page on the relevant Service and changing your preferences. Please note, however, that we do need to send you certain communications regarding the Services and your account, and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Use or Privacy Policy. Please see our Privacy Policy for further information on how we manage and process your personal data. You acknowledge that you are not required to consent to receiving promotional texts, emails or calls or any other communication as a condition of using the Services.
13. Third Party Content and App Stores
13.1. Third-party links. The Services may contain links to third party sites and third-party content (collectively, “Third-Party Content”). Such Third-Party Content are not under our control and we are not responsible for any Third-Party Content, including the accuracy, availability, or reliability of any information, goods, data, opinions, advice or statements made available in any such Third Party Content. We do not endorse, sponsor, warrant, or make any representations with respect to Third-Party Content. We are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Content. You acknowledge sole responsibility for and assume all risk arising from your access and use of any such Third-Party Content. When you link to a third-party site, the applicable third party’s terms and policies will govern your use of the third party site. Your transactions and other dealings with Third-Party Content that are found on or through our app, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
13.2. App stores. You acknowledge and agree that the availability of our app is dependent on the third-party app store from which you received the app. You agree to pay all fees charged by the applicable app store in connection with our app. You agree to comply with, and your license to use the app is conditional upon your compliance with, all applicable agreements, terms of use/service, and other policies of the applicable app store.
13.3. Release. You hereby release Jonda, its affiliates, officers, directors, employees and agents, from claims, demands any and all losses, damages, rights, claims, and actions of any kind, that is either directly or indirectly related to or arises from any interactions with or conduct of any app store, or any Third-Party Content.
14. Disclaimers and Limitation of Liability
14.1. Disclaimer of warranties. You agree that use of and the access to the Services is at your own risk. The Services, including any material contained on or provided through the Service, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, Jonda disclaims all warranties of fitness for a particular purpose, title, merchantability, or non-infringement. Without limiting any of the foregoing, Jonda makes no warranty or representation and disclaims all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system or device, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility of the Services with any other application or any particular system or device; (d) whether the Services will meet your requirements, or be available on an uninterrupted, secure or error-free basis, or be free of viruses, malware or other harmful components; and (e) the deletion of, or the failure to store or transmit, your content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from Jonda or through the Services, will create any warranty or representation not expressly made herein.
14.2. Disclaimer for Beta Services. From time to time, Jonda may release products and features that are still subject to testing and evaluating ("Beta Services"). Despite anything to the contrary in these Terms of Use: (a) you may choose to use Beta Services at your sole discretion and USE BETA SERVICES AT YOUR OWN RISK; (b) Beta Services may not be supported and may be changed at any time without notice; (c) Beta Services may not be as reliable or available as the Services; (d) Beta Services have not been subjected to the same security measures and auditing to which the Services have been subjected. JONDA WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES.
14.3. Limitation of liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT SHALL JONDA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. JONDA'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO JONDA WITH RESPECT TO YOUR SUBSCRIPTION FOR THE PAST SIX (6) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, JONDA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
15. Indemnity
15.1. You agree to indemnify and hold harmless Jonda, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Services; (b) your breach of any term of these Terms of Use; (c) your violation of any third party rights, including without limitation any publicity, privacy or intellectual property right; (d) your breach of any applicable laws; and/or (e) any unauthorised, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorised or permitted by you.
15.2. Jonda reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Jonda. Jonda will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
16. Governing Law and Dispute Resolution
16.1. Governing law. These Terms of Use, including any dispute, controversy, proceeding, or claim of whatever nature which may arise out of or in connection with these Terms of Use (“Dispute”), are governed by the laws of Singapore without regard to the conflict of laws principle.
16.2. Dispute resolution. In the event that a Dispute arises, you shall attempt first to resolve such Dispute by writing to customer support at support@jonda.io. If the Dispute is not resolved by following the customer support process within sixty (60) days from raising the Dispute to customer support then the Dispute shall be referred by either you or Jonda to and be finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this section and the venue of arbitration shall be Singapore. The parties agree that: (a) the arbitral tribunal shall be constituted in accordance with SIAC Rules and shall consist of a sole arbitrator to be appointed jointly by the parties, failing which, a sole arbitrator shall be appointed in accordance with the provisions of the SIAC Rules; (b) the place or seat of arbitration shall be Singapore; (c) the language to be used in the arbitration proceedings shall be English; and (d) the award rendered by the arbitral tribunal shall be final, conclusive and binding on all parties to this Agreement and shall be subject to enforcement in any court of competent jurisdiction. This arbitration agreement shall be governed by the laws of Singapore.
17. General
17.1. Severability. If any provision of these Terms of Use is or are held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
17.2. Changes to terms. We may modify these Terms of Use from time to time. If we do this, we will update the “Last Updated” date at the top of these Terms of Use. If we make changes that are material, we may also attempt to notify you, such as by e-mail notification. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access to or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
17.3. Continuing effect of certain terms. The provisions of these Terms of Use, other than the obligations on Jonda to provide you with access to the Services, your rights to use or access the Services and your obligations to pay the Subscription Fee, will survive the termination or expiry of your Subscription and/or these Terms of Use.
17.4. Entire agreement. These Terms of Use constitute the entire agreement between you and Jonda governing your use of the Services, superseding any prior agreements between you and Jonda regarding such use. Further, your acceptance of these Terms of Use constitutes a valid and binding agreement between you and Jonda.
17.5. Waiver. No waiver by you or Jonda of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach of default.
17.6. Transfer of rights and obligations. You agree that we can transfer our rights and obligations under these Terms of Use to any company, firm or person. You may not transfer your rights or obligations under these Terms of Use to anyone else.
17.7. Notices. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Services or by e-mail (including in each case via links).
17.8. Language of terms. The language of the Terms of Use and the transactions envisaged by it is English and all notices, requests, statements, certificates or other documents or communications shall be in English, unless otherwise agreed in writing. Any translation of these Terms of Use from the English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms of Use and any translation, the English language version shall prevail.
17.9. Territory. To use the Services, you must reside in Singapore and the European Union. Those who choose to access the Service from locations outside Singapore or the European Union do so at their own risk, choice and initiative, and are responsible for ensuring that their use of the Services complies with all applicable laws.
17.10. App store terms. If you download our app from a third-party app store, you acknowledge and agree that: (a) these Terms of Use are an agreement between you and Jonda, and not with the app store, and as between Jonda and the app store, Jonda is solely responsible for its apps; (b) the app store has no obligation to provide any maintenance and support services with respect to our app; (c) in the event of any failure of our app to conform to any applicable warranty, (i) you may notify the app store and the app store may refund the purchase price for the app to you (if applicable), (ii) to the maximum extent permitted by applicable law, the app store will have no other warranty obligation whatsoever with respect to the app, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Jonda and the app store, Jonda’s responsibility; (d) the app store is not responsible for addressing any claims you have relating to the app or your possession and use of the app; (e) if a third party claims the app infringes another party’s intellectual property rights, as between the app store and Jonda, Jonda will be responsible for the investigation, defence, settlement and discharge of any such claim to the extent required by these Terms of Use; and (f) you must comply with the terms of any third-party agreement applicable to you when using the app. The app store is a third-party beneficiary of this provision only and, upon your acceptance of these Terms of Use, will have the right to enforce these Terms of Use against you as a third-party beneficiary thereof. Notwithstanding the foregoing, Jonda’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party (including the app store).
17.11. Third parties. Unless otherwise specified in these Terms of Use, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of its terms and the application of the Contracts (Rights of Third Parties) Act 2001 is expressly excluded.
17.12. Miscellaneous. These Terms of Use do not create any partnership, joint venture or agency relationship between you and Jonda. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that a breach of these Terms of Use will cause irreparable injury to Jonda for which monetary damages would not be an adequate remedy and Jonda shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law.
18. Contact Us
18.1. You may contact us regarding the Services or these Terms of Use by email at support@jonda.io.
19. Glossary
19.1. “Beta Services” means products and features that are still subject to testing and evaluating.
19.2. “Collaborator” means persons with whom Encrypted Data are specifically shared with.
19.3. “Compatible System” means platforms, software and devices, which Jonda authorises from time to time, the current list for which can be found on the app stores where our app is made available.
19.4. “Content” means all Health Data and other materials which you upload, submit, create or share through the Services.
19.5. “Dispute” means any dispute, controversy, proceeding, or claim of whatever nature which may arise out of or in connection with these Terms of Use.
19.6. “Encrypted Data” means Health Data which has been encrypted by client-side encryption.
19.7. “Feedback” means feedback, comments and suggestions for improvements to the Services.
19.8. “Grace Period” means the period of one (1) year from the cancellation or expiry of your previous Subscription.
19.9. “Health Data” means health information and medical records.
19.10. “Jonda” means Jonda Health Pte. Ltd.
19.11. “Jonda Content” means the Services and work product, including the “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, text, graphics, software, sound, videos, data and other materials made available on or through the Services, other than your Content.
19.12. “Jonda Trademarks” means Jonda name and logos and all related names, logos, product and service names, designs and slogans are trademarks and service marks of Jonda or its affiliates or licensors.
19.13. “Payment Method” means a debit card, credit card, wallet or other payment method that you have selected.
19.14. “Privacy Policy” means our privacy policy at Privacy Policy.
19.15. “Refined Health Data” means reports, summaries, graphs, representations or other analysis of your Health Data.
19.16. “Security Token” means a unique encryption key.
19.17. “Services” means our app and other related technologies and services.
19.18. “SIAC” means the Singapore International Arbitration Centre.
19.19. “SIAC Rules” means the Arbitration Rules of the Singapore International Arbitration Centre.
19.20. “Subscription” means a a subscription plan.
19.21. “Subscription Fee” means payments required to purchase or obtain access to a Subscription.
19.22. “Terms of Use” means these terms of service for your use of the Services.
19.23. “Third-Party Content” means third party sites and third-party content.
19.24. “Updates” means upgrades, modifications, bug fixes, patches and other error corrections and/or new features.
Welcome to Jonda! Jonda is a cloud-based service by Jonda Health Pte. Ltd. (“Jonda,” “we,” “us,” “our”) that helps you to store, manage, create and share your health information and medical records (collectively, the “Health Data”) securely using cryptographic end-to-end security.
This document contains the legal terms of service for your use of our app and other related technologies and services (collectively, the “Services”). Please read these terms carefully before using the Services, as they specify (i) your ownership of your Health Data, (ii) our rights to use the underlying data to provide the services to you, (iii) details relating to auto-renewal of subscriptions, (iv) the rules to follow when you use the Services, and more.
Securing your Health Data and respecting your privacy choices is important to Jonda and central to our mission of creating a patient-centric technology service. For details on how we manage and process your data, as well as give you control of the data, please review our Privacy Policy.
1. Acceptance of Terms
1.1. Jonda provides the Services to you subject to the following terms (as amended from time to time, the “Terms of Use”). By using or accessing the Services, you are agreeing to these Terms of Use. For the purposes of these Terms of Use, “you” and “your” means you as the user of the Services.
1.2. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. In the event of any conflict or inconsistency between any such supplemental terms, policies or documents and these Terms of Use, the terms in these Terms of Use shall prevail.
2. Services
2.1. Services. Jonda provides a cloud-based service that (i) allows you to upload or input your Health Data and other relevant information; and (ii) allows you to decide whether and how to use and disclose any such information to us or third parties of your choice, including caregivers, medical professionals, and researchers.
2.2. Variations. You acknowledge that the Services may vary from place to place, time to time and device to device and are subject to various parameters such as specifications, device, internet availability and speed, bandwidth. The Services are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary discontinue the Services.
2.3. Not medical advice. The Services, including all material and information made available through the Services, are for informational purposes only and do not constitute professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. The Service is not a substitute for professional medical advice; never disregard professional medical advice or delay in seeking it because of something made available through the Services. Jonda does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services.
2.4. Compatible systems. The Services can be accessed through platforms, software and devices, which Jonda authorises from time to time, the current list for which can be found on the app stores where our app is made available (“Compatible System”). In some cases, whether a device is (or remains) a Compatible System may depend on the software or platform provided or maintained by the device manufacturer or other third parties. As a result, a device that is a Compatible System at one time may cease to be a Compatible System in the future. We cannot guarantee that the Services will be compatible with, or available on, your device. You are solely responsible for obtaining and maintaining all hardware and telecommunication services necessary to use the Services, and all fees associated therewith.
3. Encryption and Security
3.1. Encryption. You acknowledge that by using the Service, your Health Data shall be encrypted by client-side encryption ("Encrypted Data”). To the best of Jonda’s knowledge, Encrypted Data cannot be decrypted or inverted by Jonda or any unauthorised third party.
3.2. Collaboration. The Encrypted Data can only be decrypted by you by accessing your account and by persons with whom the Encrypted Data are specifically shared with ("Collaborator").
3.3. Roles and permissions. You understand that your Encrypted Data will be accessible by your Collaborators to the extent you have granted them access.
3.4. Security Token. A unique encryption key (“Security Token”) shall be generated in relation to your account and shall be stored on your Compatible System. Jonda has no access to Security Tokens and will not be able to recover Security Tokens relating to your account. Jonda is not liable if your Encrypted Data cannot be decrypted and / or recovered due to loss of the Security Token.
4. Usage of Services
4.1. Account registration. In order to use the Services, you need to register your account and register for a subscription plan (“Subscription”). If you are under 16 years of age, you are not authorised to use the Service. If you are above 16 years of age, you may be able to register multiple profiles under your account, including for individuals under 16 years of age. If you register an account, you represent and warrant to Jonda that all required registration information you submit is truthful, complete and accurate, and that you will maintain the accuracy of such information. Furthermore, if you register multiple profiles under your account, you represent and warrant to Jonda that you are authorised to do so or may validly act on behalf of the relevant individuals for the registration of the profiles of these individuals.
4.2. Member account, password and security. You are responsible for maintaining the confidentiality and security of your Jonda username, password and other account information, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Jonda of any unauthorised use, or any other breach of security including unauthorised disclosure of your username and/or password; and (b) ensure that you are logged out of your account at the end of each session when accessing the Services. Jonda is not liable for any acts or omissions by you in connection with your account, or for any loss or damage arising from your failure to comply with this section. Jonda is also not liable for any loss or unauthorised access, use or disclosure of your information, or for any other loss or damage of any kind incurred, arising from a stolen or lost mobile device.
4.3. User representations and restrictions. By using the Services, you represent and warrant that: (a) you have the legal capacity and you agree to comply with these Terms of Use; (b) your use of the Services will neither infringe nor violate the rights of any other party (including intellectual property rights) or breach any contract or legal duty to any other party; and (c) where you create an account and add multiple profiles, you have all necessary permissions and rights to manage the records and data of the respective profiles. You agree not to (a) use the Services for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (b) use the Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Services; (c) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Services; (d) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, including with bots, crawlers, spiders, data miners, scraping, or other automatic access tools; (e) engage in unauthorised framing of or linking to the Service; (f) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (g) attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services, or attempt to probe, scan, or test the vulnerability of any system or network connected to the Services; (h) upload or share any information or content on or through the Service other than medical records and health information; (i) upload or distribute any information or content through the Service without the appropriate permissions or rights; (j) upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (k) use the Services to send automated queries to any website or to send any unsolicited commercial e-mail; (l) use the Services for any purposes related to scientific research, analysis or evaluation of the Services without our express written consent; (m) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services; (n) use the Services in a manner inconsistent with any applicable laws or regulations or otherwise infringe these Terms of Use.
4.4. Service monitoring. Although Jonda has no access to the Encrypted Data, we reserve the right, but have no obligation, to monitor any account and / or activities conducted through or in any way related to the Services.
4.5. Sharing of records. When you agree to share your information or records with third parties, Jonda does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Jonda will have no liability with respect to any loss or damage of any kind incurred as a result of any sharing of your information or records with such third parties, or any other dealings between you and such third parties. You acknowledge sole responsibility for and assume all risk arising from the sharing of your information or records with any third party.
4.6. General practices regarding use and storage. You acknowledge that Jonda may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that information, records and other content will be retained by the Services and the maximum storage space that will be allotted on Jonda’s servers on your behalf.
4.7. Internet connection. You understand that certain functions of the Services require an internet connection. You are responsible for procuring and maintaining the network connections that connect your network to the Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Services.
5. Subscription
5.1. Subscription. The Services can be accessed and used only by registered users who have registered for a Subscription. To purchase or obtain access to a Subscription, you may be required to provide certain personal information to Jonda and may be required to make payments (“Subscription Fee”) through a debit card, credit card, wallet or other payment method that you have selected (“Payment Method”). You acknowledge that Jonda may offer different kinds of Subscriptions, each of which will be subject to different limitations and restrictions and the Subscription Fee for each of these Subscriptions may vary. The scope of the Services provided by Jonda to you under your Subscription would depend on the Subscription purchased.
5.2. Purchase of Subscription. You may purchase or obtain access to a Subscription (a) through a third-party app store; or (b) through a bundle with one or more of our business partners, which may include but are not limited to insurance companies and banks. If you obtain access to a Subscription through one or more of our business partners, the purchase may be further subject to the terms of such business partners, and payment and management of the bundle subscription may be administered by them.
5.3. Payment method. You authorise us and the app stores to charge the Subscription Fee and applicable fees to the Payment Method. You agree to keep your payment information complete, accurate and up to date while any Subscription remains outstanding. You represent and warrant that you have the right to use the Payment Method and any payment information that you submit. You are responsible for all applicable fees and charges incurred, including applicable taxes, in relation to all Subscriptions purchased by you.
5.4. Payment. Unless otherwise stated, all Subscription Fee are payable in advance on a recurring interval disclosed to you prior to your purchase and will be billed automatically to the Payment Method at the start of the next applicable Subscription period.
5.5. Auto-renewal. Unless otherwise stated, by purchasing a Subscription you agree that your Subscription will be automatically renewed. Unless you cancel your Subscription, you authorise us and the app store to charge your Payment Method for the renewal term. The period of auto-renewal will be the same as your initial Subscription period unless otherwise disclosed to you on the Services. The renewal rate will be no more than the rate for the immediately prior Subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to the auto-renewal, in which case you will have the right to cancel the renewal of your subscription. You understand and acknowledge that the Payment Method chosen by you may not enable Jonda or the app store to charge your Payment Method at the time of renewal and you may have to make a payment for the Subscription Fee for the renewal to continue your Subscription. Your Subscription will continue until it is terminated by Jonda or you in accordance with these Terms of Use.
5.6. Changes to Subscription by Jonda. Jonda may change your Subscription (including the Subscription period), the Subscription Fee and/or your billing cycle by giving you advance notice for any such changes. If you do not agree with any change, you may cancel your Subscription. However, please note that your cancellation of your Subscription shall take effect at the expiry of the current Subscription period. Any changes to your Subscription Fee or your billing cycle will be effective only after the expiry of the current Subscription period for which you have already been billed.
5.7. Downgrade and cancellation. No refunds or credits for the Subscription Fee or payments will be provided to you if you should elect to downgrade or cancel your Subscription. Please consider the relevant changes carefully as downgrading the Subscription may cause loss of content, features, or capacity of the Services, and Jonda does not accept any liability for such loss.
5.8. Status of Subscription. You can check the status of your Subscription, including the scope of Services covered by your Subscription and the applicable Subscription Fee, anytime through the “Subscriptions” section under the user profile page of our app.
6. Free trial
6.1. Free trial subscription. From time to time, Jonda may offer a free trial subscription for the Services. If applicable, the free trial subscription will last for such period, and cover such scope of Services, as is notified to you by Jonda when you register for the Subscription. Your eligibility for a free trial including the duration of such free trial and the Services available to you during the free trial period is at the discretion of Jonda. The availability of a free trial is not guaranteed and, if available, is only available to those who have not previously used the Services. Jonda reserves the right to modify or terminate any free trial offer, your access to the Services during the free trial subscription, or any terms relating to the free trial subscription without notice and with no liability. Jonda further reserves the right to limit your ability to take advantage of multiple free trials.
6.2. Cancellation of free trial subscription. If you cancel your free trial subscription before the end of the free trial period, you will not be entitled to any compensation, monetary or otherwise, from Jonda for the un-used period of the free trial. Once you have cancelled your free trial subscription, you cannot resume the free trial period even if it was not used for the entire period of the free trial.
7. Modifications and Updates to Services
7.1. Modifications to Services. Jonda reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Jonda will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
7.2. Updates. Without limiting the foregoing, we may provide updates for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). You acknowledge and agree that certain portions of our Services may not properly operate if you do not install all Updates. Further, you agree that the Terms of Use (and any additional modifications of the same) will apply to any and all Updates to the Services.
8. Your Ownership of Records
8.1. Your Content. You maintain your ownership of all Health Data and other materials which you upload, submit, create or share through the Services (the “Content”).
8.2. Representations and warranties. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Content. You agree that your Content will not contain material subject to copyright, confidentiality obligation or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to upload, submit or share the Content and to grant us the rights in relation to such Content as set out in these Terms of Use.
8.3. Limited rights granted to Jonda. These Terms of Use do not grant Jonda any ownership over your Content or your intellectual property, except for the limited rights that are reasonably necessary for Jonda to provide the Services in accordance with these Terms of Use, in particular to enable you to store, manage, create and share your Health Data.
9. Jonda’s Intellectual Property Rights
9.1. Jonda Content. Except as expressly provided in the Terms of Use, Jonda and/or its licensors own the Services and work product, including the “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, text, graphics, software, sound, videos, data and other materials made available on or through the Services (collectively, other than your Content, the “Jonda Content”), along with all right, title and interest in and to the Jonda Content (including any and all intellectual property rights therein). You agree not to take, or allow any third party to take, any action inconsistent with such ownership interests, or duplicate, reproduce, publish, display, distribute, transmit, transfer, decompile, reverse engineer, modify, create derivative works from, or otherwise exploit the Jonda Content unless specifically authorised in writing by us. You further agree not to remove, alter or obscure any copyright, trademark, or other proprietary right notices incorporated in or accompanying the Jonda Content. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to any intellectual property rights arising from or subsisting in the Jonda Content.
9.2. Jonda Trademarks. The Jonda name and logos and all related names, logos, product and service names, designs and slogans are trademarks and service marks of Jonda or its affiliates or licensors (collectively the “Jonda Trademarks”). Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with or connected to Jonda. Nothing in these Terms of Use or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any of the Jonda Trademarks without our prior written permission in each instance. All goodwill generated from the use of Jonda Trademarks will inure to our exclusive benefit.
9.3. Refined Health Information. As a part of the Services, we may produce reports, summaries, graphs, representations or other analysis of your Health Data (collectively, “Refined Health Data”) in relation to the Services and pursuant to your Subscription. Jonda may only use and disclose such Refined Health Data (which is part of the Services) consistent with these Terms of Use and the Privacy Policy.
9.4. License granted to you. During the period of your Subscription, subject to your compliance with these Terms of Use, Jonda hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, revocable and non-exclusive license to (a) download, install and use our app, downloaded directly from a legitimate marketplace, on a mobile device that you own or control; and (b) use the Services, solely for your own personal, non-commercial purposes in accordance with the Terms of Use and the terms of your Subscription.
9.5. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that any contribution of Feedback provided by you to Jonda is non-confidential and becomes the property of Jonda. Jonda may use and disclose Feedback in any manner and for any purpose whatsoever without notice or compensation to you and without retention by you of any proprietary or other right or claim.
10. Termination
10.1. Termination of Services by Jonda. Jonda reserves the right to immediately terminate, suspend, limit, or restrict your Subscription or Jonda account, and/or your access to your Jonda account and the Services at any time without notice or liability to you or any other person, if (a) Jonda, in our sole discretion, determines you are or have been in violation of these Terms of Use or acting inconsistently with the letter or spirit of these Terms of Use; (b) Jonda is required to do so by law or in response to requests by law enforcement or other government agencies; (c) Jonda, in our sole discretion, determines you have created risk or possible legal exposure for Jonda, the general public, any third party, or any user of the Services; (d) the partner with whom Jonda offered the Services to you has terminated its relationship with Jonda or you; (e) Jonda is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; (f) the provision of the Services to you by Jonda is, in Jonda’s opinion, no longer commercially viable; (g) there are unexpected technical issues or problems; or (h) Jonda reasonably believes that your Jonda account has been created fraudulently, your Jonda account has been accessed fraudulently, or anyone uses your Jonda account to commit fraud or for any purpose other than its intended purpose and in accordance with all applicable requirements. To the fullest extent permitted by law, you agree that Jonda and/or its affiliates will not be liable to you or to any third party for any such restriction, suspension or termination of your Subscription or Jonda account, and/or your access to your Jonda account and the Services.
10.2. Termination of account by you. If you would like to terminate your Jonda account, you may do so by deleting your profile under the “Settings” section of our app.
10.3. Cancellation of Subscription. If you purchased your Subscription through a third-party app store, you may cancel your subscription according to the current process outlined by the relevant third-party app store and such cancellation will be governed by the terms of the relevant third party app store. If you cancel your Subscription or your Subscription expires, Jonda reserves the right to terminate your Jonda account if no new Subscription is made on your Jonda account within one (1) year from the cancellation or expiry of your previous Subscription (“Grace Period”). During this Grace Period, you can purchase a new Subscription.
10.4. Non-refundable. Unless otherwise set out in the terms of the third party app store through which you purchased your Subscription, if your Jonda account is terminated or your Subscription is cancelled, the Subscription Fee billed for your current Subscription period are non-refundable.
10.5. Further details. For more details on how to terminate your Jonda account, cancel your Subscription or re-subscribe to the Services, you may contact our customer support services at support@jonda.io
10.6. What happens at termination. Upon the termination of your Jonda account, you will no longer be able to log into the account and we will delete your Health Data (except where we are required to retain your data under applicable laws), and such Health Data cannot be recovered. All sections of these Terms of Use which expressly or by implication is intended to come into or continue in force on or after the termination of these Terms of Use will remain in full force and effect. Termination of these Terms of Use for whatever reason will not affect any rights, remedies, obligations or liabilities of Jonda or you that have accrued up to the date of termination.
11. Discount or Gift Codes
11.1. If you have received a discount or gift code in connection with the Services, the following terms apply in addition to any terms and conditions of the specific discount or gift code:
11.1.1. To redeem a discount or gift code, log in to your Jonda account and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when making a new Subscription, and to accounts not already attached to an existing Subscription. A payment method may be required to redeem a discount or coupon code.
11.1.2. Discount and gift codes cannot be combined with any other sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts.
11.1.3. It is your own responsibility to use a discount or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the relevant Subscription before the end of a free or discounted period if you do not want to continue with the Subscription at the regular price.
11.1.4. The terms and conditions of a specific discount or gift code may include additional restrictions on its use, including but not limited to the type of subscription plan, duration of free or discounted Services, and/or validity dates. Jonda reserves the right to cancel or withdraw discount and gift codes at any time and without prior notice.
12. Communications between You and Jonda
12.1. When you use the Services, you may be given the opportunity to consent to or opt out from receiving communications from us through email, text and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your information page on the relevant Service and changing your preferences. Please note, however, that we do need to send you certain communications regarding the Services and your account, and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Use or Privacy Policy. Please see our Privacy Policy for further information on how we manage and process your personal data. You acknowledge that you are not required to consent to receiving promotional texts, emails or calls or any other communication as a condition of using the Services.
13. Third Party Content and App Stores
13.1. Third-party links. The Services may contain links to third party sites and third-party content (collectively, “Third-Party Content”). Such Third-Party Content are not under our control and we are not responsible for any Third-Party Content, including the accuracy, availability, or reliability of any information, goods, data, opinions, advice or statements made available in any such Third Party Content. We do not endorse, sponsor, warrant, or make any representations with respect to Third-Party Content. We are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Content. You acknowledge sole responsibility for and assume all risk arising from your access and use of any such Third-Party Content. When you link to a third-party site, the applicable third party’s terms and policies will govern your use of the third party site. Your transactions and other dealings with Third-Party Content that are found on or through our app, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
13.2. App stores. You acknowledge and agree that the availability of our app is dependent on the third-party app store from which you received the app. You agree to pay all fees charged by the applicable app store in connection with our app. You agree to comply with, and your license to use the app is conditional upon your compliance with, all applicable agreements, terms of use/service, and other policies of the applicable app store.
13.3. Release. You hereby release Jonda, its affiliates, officers, directors, employees and agents, from claims, demands any and all losses, damages, rights, claims, and actions of any kind, that is either directly or indirectly related to or arises from any interactions with or conduct of any app store, or any Third-Party Content.
14. Disclaimers and Limitation of Liability
14.1. Disclaimer of warranties. You agree that use of and the access to the Services is at your own risk. The Services, including any material contained on or provided through the Service, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, Jonda disclaims all warranties of fitness for a particular purpose, title, merchantability, or non-infringement. Without limiting any of the foregoing, Jonda makes no warranty or representation and disclaims all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system or device, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility of the Services with any other application or any particular system or device; (d) whether the Services will meet your requirements, or be available on an uninterrupted, secure or error-free basis, or be free of viruses, malware or other harmful components; and (e) the deletion of, or the failure to store or transmit, your content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from Jonda or through the Services, will create any warranty or representation not expressly made herein.
14.2. Disclaimer for Beta Services. From time to time, Jonda may release products and features that are still subject to testing and evaluating ("Beta Services"). Despite anything to the contrary in these Terms of Use: (a) you may choose to use Beta Services at your sole discretion and USE BETA SERVICES AT YOUR OWN RISK; (b) Beta Services may not be supported and may be changed at any time without notice; (c) Beta Services may not be as reliable or available as the Services; (d) Beta Services have not been subjected to the same security measures and auditing to which the Services have been subjected. JONDA WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES.
14.3. Limitation of liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT SHALL JONDA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. JONDA'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO JONDA WITH RESPECT TO YOUR SUBSCRIPTION FOR THE PAST SIX (6) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, JONDA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
15. Indemnity
15.1. You agree to indemnify and hold harmless Jonda, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Services; (b) your breach of any term of these Terms of Use; (c) your violation of any third party rights, including without limitation any publicity, privacy or intellectual property right; (d) your breach of any applicable laws; and/or (e) any unauthorised, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorised or permitted by you.
15.2. Jonda reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Jonda. Jonda will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
16. Governing Law and Dispute Resolution
16.1. Governing law. These Terms of Use, including any dispute, controversy, proceeding, or claim of whatever nature which may arise out of or in connection with these Terms of Use (“Dispute”), are governed by the laws of Singapore without regard to the conflict of laws principle.
16.2. Dispute resolution. In the event that a Dispute arises, you shall attempt first to resolve such Dispute by writing to customer support at support@jonda.io. If the Dispute is not resolved by following the customer support process within sixty (60) days from raising the Dispute to customer support then the Dispute shall be referred by either you or Jonda to and be finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this section and the venue of arbitration shall be Singapore. The parties agree that: (a) the arbitral tribunal shall be constituted in accordance with SIAC Rules and shall consist of a sole arbitrator to be appointed jointly by the parties, failing which, a sole arbitrator shall be appointed in accordance with the provisions of the SIAC Rules; (b) the place or seat of arbitration shall be Singapore; (c) the language to be used in the arbitration proceedings shall be English; and (d) the award rendered by the arbitral tribunal shall be final, conclusive and binding on all parties to this Agreement and shall be subject to enforcement in any court of competent jurisdiction. This arbitration agreement shall be governed by the laws of Singapore.
17. General
17.1. Severability. If any provision of these Terms of Use is or are held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
17.2. Changes to terms. We may modify these Terms of Use from time to time. If we do this, we will update the “Last Updated” date at the top of these Terms of Use. If we make changes that are material, we may also attempt to notify you, such as by e-mail notification. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access to or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
17.3. Continuing effect of certain terms. The provisions of these Terms of Use, other than the obligations on Jonda to provide you with access to the Services, your rights to use or access the Services and your obligations to pay the Subscription Fee, will survive the termination or expiry of your Subscription and/or these Terms of Use.
17.4. Entire agreement. These Terms of Use constitute the entire agreement between you and Jonda governing your use of the Services, superseding any prior agreements between you and Jonda regarding such use. Further, your acceptance of these Terms of Use constitutes a valid and binding agreement between you and Jonda.
17.5. Waiver. No waiver by you or Jonda of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach of default.
17.6. Transfer of rights and obligations. You agree that we can transfer our rights and obligations under these Terms of Use to any company, firm or person. You may not transfer your rights or obligations under these Terms of Use to anyone else.
17.7. Notices. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Services or by e-mail (including in each case via links).
17.8. Language of terms. The language of the Terms of Use and the transactions envisaged by it is English and all notices, requests, statements, certificates or other documents or communications shall be in English, unless otherwise agreed in writing. Any translation of these Terms of Use from the English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms of Use and any translation, the English language version shall prevail.
17.9. Territory. To use the Services, you must reside in Singapore and the European Union. Those who choose to access the Service from locations outside Singapore or the European Union do so at their own risk, choice and initiative, and are responsible for ensuring that their use of the Services complies with all applicable laws.
17.10. App store terms. If you download our app from a third-party app store, you acknowledge and agree that: (a) these Terms of Use are an agreement between you and Jonda, and not with the app store, and as between Jonda and the app store, Jonda is solely responsible for its apps; (b) the app store has no obligation to provide any maintenance and support services with respect to our app; (c) in the event of any failure of our app to conform to any applicable warranty, (i) you may notify the app store and the app store may refund the purchase price for the app to you (if applicable), (ii) to the maximum extent permitted by applicable law, the app store will have no other warranty obligation whatsoever with respect to the app, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Jonda and the app store, Jonda’s responsibility; (d) the app store is not responsible for addressing any claims you have relating to the app or your possession and use of the app; (e) if a third party claims the app infringes another party’s intellectual property rights, as between the app store and Jonda, Jonda will be responsible for the investigation, defence, settlement and discharge of any such claim to the extent required by these Terms of Use; and (f) you must comply with the terms of any third-party agreement applicable to you when using the app. The app store is a third-party beneficiary of this provision only and, upon your acceptance of these Terms of Use, will have the right to enforce these Terms of Use against you as a third-party beneficiary thereof. Notwithstanding the foregoing, Jonda’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party (including the app store).
17.11. Third parties. Unless otherwise specified in these Terms of Use, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of its terms and the application of the Contracts (Rights of Third Parties) Act 2001 is expressly excluded.
17.12. Miscellaneous. These Terms of Use do not create any partnership, joint venture or agency relationship between you and Jonda. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that a breach of these Terms of Use will cause irreparable injury to Jonda for which monetary damages would not be an adequate remedy and Jonda shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law.
18. Contact Us
18.1. You may contact us regarding the Services or these Terms of Use by email at support@jonda.io.
19. Glossary
19.1. “Beta Services” means products and features that are still subject to testing and evaluating.
19.2. “Collaborator” means persons with whom Encrypted Data are specifically shared with.
19.3. “Compatible System” means platforms, software and devices, which Jonda authorises from time to time, the current list for which can be found on the app stores where our app is made available.
19.4. “Content” means all Health Data and other materials which you upload, submit, create or share through the Services.
19.5. “Dispute” means any dispute, controversy, proceeding, or claim of whatever nature which may arise out of or in connection with these Terms of Use.
19.6. “Encrypted Data” means Health Data which has been encrypted by client-side encryption.
19.7. “Feedback” means feedback, comments and suggestions for improvements to the Services.
19.8. “Grace Period” means the period of one (1) year from the cancellation or expiry of your previous Subscription.
19.9. “Health Data” means health information and medical records.
19.10. “Jonda” means Jonda Health Pte. Ltd.
19.11. “Jonda Content” means the Services and work product, including the “look and feel” (e.g., text, graphics, images, logos), proprietary content, information, text, graphics, software, sound, videos, data and other materials made available on or through the Services, other than your Content.
19.12. “Jonda Trademarks” means Jonda name and logos and all related names, logos, product and service names, designs and slogans are trademarks and service marks of Jonda or its affiliates or licensors.
19.13. “Payment Method” means a debit card, credit card, wallet or other payment method that you have selected.
19.14. “Privacy Policy” means our privacy policy at Privacy Policy.
19.15. “Refined Health Data” means reports, summaries, graphs, representations or other analysis of your Health Data.
19.16. “Security Token” means a unique encryption key.
19.17. “Services” means our app and other related technologies and services.
19.18. “SIAC” means the Singapore International Arbitration Centre.
19.19. “SIAC Rules” means the Arbitration Rules of the Singapore International Arbitration Centre.
19.20. “Subscription” means a a subscription plan.
19.21. “Subscription Fee” means payments required to purchase or obtain access to a Subscription.
19.22. “Terms of Use” means these terms of service for your use of the Services.
19.23. “Third-Party Content” means third party sites and third-party content.
19.24. “Updates” means upgrades, modifications, bug fixes, patches and other error corrections and/or new features.
