Bowhead Health - Terms of service

(Last updated 01.10.2022)

These Terms of Service ("Terms of Service" or “Terms”) govern your relationship with the services operated by Bowhead Health Inc., which is located at 210 Barrow Crescent, K2L 2C7, Kanata, Canada, and/or any of its affiliates (referred to as "Bowhead" or "we").

You must read these Terms of Service carefully because you will be legally bound to them. Any use or access of the Bowhead Services without acceptance of these Terms of Service is prohibited.

  1. Description of the Bowhead Services

    Bowhead, under these Terms of Service, provides the mobile application Better by Bowhead Health (hereinafter referred to as “the App”), which has been created to track your health habits and help you live a healthier life. Bowhead also provides the underlying distributed ledger technology (“DLT”) software and any related services, features, and tools, as well as the website www.bowheadhealth.com (collectively referred to as "Bowhead Services" or “Services”), for use by you (a “User”). Any new features or tools which are added to the Bowhead Services shall be also subject to these Terms of Services.

  2. Acceptance and modifications to these Terms

    1. By registering to use, or by using the Bowhead Services you are agreeing to be bound by these Terms and acknowledge all legal consequences arising from them. Any use or access of the Service without acceptance of these Terms of Service is prohibited.

    2. Bowhead's Privacy Policy is available at https://healthyhabits.bowheadhealth.com/#/privacy and forms a part of these Terms. It explains your and our respective rights and obligations in connection with applicable data protection laws, in particular regarding the processing of your personal health data.

    3. We reserve the right, at our sole discretion, to revise these terms at any time. We recommend you review the Terms of Service page on our website from time to time for any updates or changes that may impact you and you agree that notwithstanding whether or not you have been advised of any such changes, these Terms of Service shall continue to apply.

    4. If an amendment to these Terms is substantial, we will make reasonable efforts to notify you before any new terms take effect. What constitutes a substantial change is determined at Bowhead's sole discretion.

    5. By continuing to access or use the Bowhead Services once those revisions have become effective, you agree to be bound by the revised terms. We ask you to stop using the website and the Bowhead Services, should you disagree with the new terms.

  3. Medical disclaimer

    1. The information provided to you in any of the Bowhead Services is for educational purposes only and does not substitute for professional medical advice diagnosis or treatment.

    2. The Bowhead Services are not intended for medical purposes and your use of the Bowhead Services is at your own risk. We recommend you always seek the guidance of your doctor or a qualified healthcare provider with any questions you may have regarding your health or a medical condition.

    3. When you use the Bowhead Services, you agree to only use them for the intended purposes as described in these Terms.

    4. If you have any feedback, suggestion, or complaint regarding any of the Bowhead Services, please do not hesitate to reach out to our customer support team, by sending an email to support@bowheadhealth.com.

  4. Your account

    1. To use the Bowhead App and its related services, you need to create an account.

    2. To do so, you must (a) be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Bowhead Services, (b) agree with these Terms of Service, and (c) give your explicit consent to the processing of your data under the terms of our Privacy Policy. When you create an account, you assure that all of the information you provide is correct and complete.

    3. You are solely responsible to keep your account secure. Bowhead cannot and will not be liable for any loss or damage from your failure to maintain the security of your account. You must secure your account by creating a 12-word recovery phrase (referred to as “Private Key”) and keep it secure. You will need your Private Key if you want to access your account after being logged out. Bowhead does not store any Private Key for security reasons. If you lose your Private Key, it will not be possible for Bowhead to recover it for you and you may permanently lose access to your account and to the personal and health data you have entered.

    4. It is Bowhead's responsibility to keep our Services as safe and secure as possible. Therefore, a breach or violation of any term in the Terms of Service, including the Privacy Policy, as determined in the sole discretion of Bowhead will result in an immediate termination of your Account and access to the Bowhead Services. All provisions of these Terms shall survive termination.

  5. Acceptable Use Policy

    1. You are responsible for the content you choose to upload to your account. We may, but have no obligation to, remove your uploaded content if we determine in our sole discretion that it violates these Terms of Service.

    2. Any actual or potentially illegal, harmful, threatening, or offensive content, as determined in Bowhead's sole and unfettered discretion, that you may upload to, provide to, or use in any way in association with your account, or encourage or facilitate others to do so, is strictly prohibited. This includes, but is not limited to:

      • Illegal Activities: any illegal activities, including but not limited to advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting, or facilitating child pornography.

      • Harmful or Fraudulent Activities: Activities that may be harmful to others, our operations, or reputation, including offering or disseminating fraudulent goods, services, schemes, documents, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.

      • Infringing Subject Matter: any content that infringes or misappropriates the intellectual property or proprietary rights of others.

      • Offensive Content: Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.

      • Harmful Content: Content or sale of goods that are harmful to others, or content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or bots.

      • Abusive Use: Verbal or written abuse of any kind (including threats of abuse or retribution) of any Bowhead customer, Bowhead employee, User, or third party.

    3. Furthermore, you are not permitted to:

      • make the access data sent or used for authentication and identification available to third parties or to pass them on to third parties;

      • bypass the access control systems in order to use the Services without authorization;

      • remove or obscure copyright notices and/or notices regarding trademarks or other intellectual property rights of Bowhead, companies affiliated with Bowhead, or third parties;

      • transfer or assign rights or obligations under these Terms to third parties.

    4. When using the App and Services provided through the app, you must observe your contractual obligations with third parties, in particular, your internet access provider and the relevant app store operator.

    5. For the best experience of the Bowhead Services, you must regularly update your operating systems and the version of the Bowhead App on your device. It is also possible that certain activations may be required to make full use of the service. From time to time, the Bowhead App may automatically download and install updates and upgrades without specifically informing you. These updates are intended to technically improve and/or enhance the software and service. You agree that we may implement such updates as part of your use of the Bowhead Services.

  6. Intellectual Property and User-generated Content

    1. All of the content that we make available within the App is subject to international copyright law unless otherwise indicated. The reproduction, processing, distribution, and any form of commercial exploitation of the content, services, and software require our written consent.

    2. The use of the Services (and/or the provision of input information) does not give you any legal rights, titles, or legal interests in our Services or software. The Service and software are protected by copyright law, trademark law, intellectual property rights, and other applicable laws.

    3. The App is a copyright-protected software program. As a User, you are granted a simple, non-exclusive, non-transferable, and revocable right for personal use. You are not entitled to decompile, change or edit the App beyond the extent permissible by law. You are not permitted to lease, rent or otherwise transfer the app and/or its contents.

    4. The commercial use or retransmission of the Bowhead Services is prohibited. In particular, you may not copy or publish any part of the App.

    5. We do not claim title over any intellectual property rights over the content that you upload, store, retrieve, or otherwise make available through the App or any of the Bowhead Services.

    6. By providing such content for Bowhead for use on the Platform, you grant Bowhead an irrevocable, royalty-free, non-exclusive license to (a) display the content on the Platform to any other User or third-party; (b) allow Bowhead to store your content indefinitely and use such content internally for its own purposes; (c) remove content submitted to its Services, although Bowhead is not obligated to do so; and (d) use the names, trademarks, service marks and logos associated with your content. You hereby waive any moral rights you have in association with any content submitted to us.

    7. You are responsible for the compliance of the content you upload with any applicable laws or regulations, including any intellectual property rights. You hereby warrant that you will not infringe any third-party intellectual property rights by submitting any content to any of the Bowhead Services, nor cause Bowhead to infringe any such rights through your submission and our use of your content under these Terms of Service

  7. Limitation of Liability, Indemnities & Warranties.

    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOWHEAD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, ECONOMIC LOSSES, DAMAGES FOR INCORRECT OR MISLEADING INFORMATION, FAVOURABLE OR UNFAVOURABLE TRANSACTIONS, FAILURE TO ENGAGE IN A TRANSACTION, AND/OR A LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES.

    2. IN NO EVENT SHALL BOWHEAD BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THESE TERMS OF SERVICE (HOWEVER ARISING INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BOWHEAD, BOWHEAD AFFILIATES, AND BOWHEAD PARTNERS, AS WELL AS THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND SUPPLIERS OF ANY OF THEM, FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

    3. IN NO EVENT SHALL BOWHEAD BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIRD PARTIES FOR ACCESSING YOUR ACCOUNT AND SUBMIT CONTENT ON YOUR BEHALF, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. ONLY YOU OR YOUR AUTHORIZED LICENSEES OR DESIGNATES MAY USE THE BOWHEAD SERVICES, AND YOU ARE RESPONSIBLE FOR KEEPING YOUR BOWHEAD PRIVATE KEYS CONFIDENTIAL FROM THIRD PARTIES.

    4. YOUR USE OF THE BOWHEAD SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. BOWHEAD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. BOWHEAD DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. BOWHEAD DOES NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

  8. General Provisions

    1. Waiver: The failure of Bowhead to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. To the extent that any provision of these Terms of Service is deemed unenforceable or invalid, you and Bowhead agree that (a) such unenforceability or invalidity shall be limited to the provision deemed as such and the remainder of the Terms of Services shall continue to apply; and (b) the provision deemed unenforceable or invalid shall be deemed, if possible, to be minimally amended to resolve said unenforceability or invalidity and, in any case, shall thereafter be enforceable or valid.

    2. Complete Agreement: These Terms of Service constitute the entire agreement between you and Bowhead and govern your use of the Services, superseding any prior agreements between you and Bowhead (including, but not limited to, any prior versions of the Terms of Service) unless agreed to in writing by both you and Bowhead.

    3. Governing Law and Venue: These terms shall be governed and construed in accordance with the laws of the Province of Ontario. The federal and provincial courts located in Toronto, Ontario shall have non-exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms and Each Party hereby consents to the non-exclusive jurisdiction of such courts.

    4. Links To Other Websites: The Services may contain links to third-party websites or services that are not owned or controlled by Bowhead. Bowhead assumes no responsibility for the content of any third-party websites or services and strongly recommends you read the terms of use and privacy policies of any third-party websites or services you visit.

    5. Prevailing Language: The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Bowhead's Terms of Service available in another language, the most current English version of the Terms of Service at https://www.bowheadhealth.com/#/conditions will prevail.

  9. Contact us

    If you have any questions about these Terms, you can contact our support team or write us by mail at: support@bowheadhealth.com or at the following postal address:

    Bowhead Health, Inc.

    210 Barrow Crescent

    K2L 2C7

    Kanata

    Canada