Terms of Use
Terms of Service [United States]
Last Updated: 5 May 2025
Welcome, and thank you for your interest in Healthnix Inc. (“Healthnix” “we,” or “us”) and our website at www.healthnix.io, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Healthnix regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING HEALTHNIX’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND HEALTHNIX’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY HEALTHNIX AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF HEALTHNIX AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE INFORMATION ABOUT OUR OFFERINGS AND REQUESTS FOR FEEDBACK, IF YOU OPTED INTO ONE OF OUR OFFERINGS. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND HEALTHNIX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Healthnix Service Overview. Our Service is a nutrition platform that allows individual users to track their health and wellbeing through symptom-tracking features and connects such users (“Clients”) with various resources related to health and nutrition (“Resources”) and allows certain Clients who choose to purchase a structured nutritional program to communicate with licensed Registered Dietitians contracted by Healthnix (collectively, “Providers” and together with Clients, “Users”), who provide Clients with nutritional programs and advice tailored to Clients’ individual health and wellbeing goals for a specified amount of time (the “Nutrition Plans” and together with Resources, “Offering(s)”).
2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration. To access most features of the Service, you must register for an account and in order to receive the Nutrition Plan you must meet eligibility criteria and you must not meet any of the Exclusion Criteria (as defined below). When you register for an account, you will be required to provide us with some information about yourself, such as your name, email address, other contact information, and sensitive health information required by the Registered Dietitian to prepare your unique Nutrition Plan, such as your symptoms, medical history, lifestyle and nutrition preferences and other information deemed necessary and reasonable to deliver the best quality Service to you. We will ask you a series of questions to determine whether you fall outside of the Exclusion Criteria and it is your responsibility to answer truthfully, accurately and to the best of your knowledge. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at hello@healthnix.io.
3.1 Exclusion Criteria. Healthnix is committed to the safety and well-being of all Users. Individuals who fall under any of the below exclusion criteria (the “Exclusion Criteria”) will not be permitted to register for an account or use the Service. Individuals are excluded from the Service if, Healthnix determines in its discretion, that such individuals:
(a) have or are (as appropriate):
(1) history of or undergoing cancer treatment;
(2) history of extreme food allergies;
(3) history of eating disorders;
(4) chronic liver disease;
(5) insulin dependent diabetes;
(6) dementia;
(7) clinical depression, schizophrenia or other severe mental health clinical conditions;
(8) pregnant or breastfeeding;
(b) are located outside of the States of Texas, New York, California or Ohio.
Our list of Exclusion Criteria is not exhaustive and may be subject to change at any time. Healthnix retains sole discretion over whether an individual is eligible to register for an account and use our Service.
4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.
4.1 Price. Healthnix reserves the right to determine pricing for the Service. Healthnix will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Healthnix may change the fees for any feature of the Service, including additional fees or charges, if Healthnix gives you advance notice of changes before they apply. Healthnix, at its sole discretion, may make promotional offers with different features and different pricing to any of Healthnix’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2 Authorization. You authorize Healthnix to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Healthnix, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Healthnix may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first Subscription Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Healthnix or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees (the “Subscription Fee”) and taxes for the next Subscription Period. If applicable, you must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Healthnix or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at hello@healthnix.io or through any other means designated by us. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
4.4. Delinquent Accounts. Healthnix may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Healthnix reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
4.5 Provider Service Relationships. Our Service does not constitute medical advice, is not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our platform. If you believe you are experiencing an emergency, please go to your nearest emergency room or call 9-1-1 immediately. By using the Services, you acknowledge the potential risks associated with virtual telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images); delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your records may result in delays or errors; although our systems incorporate various network and software security protocols to protect your privacy and security, those protocols could fail causing a breach of privacy of your health information.
5. Licenses
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Healthnix grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
5.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Healthnix an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights. The Service is owned and operated by Healthnix. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Healthnix (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Healthnix or its third-party licensors. Except as expressly authorized by Healthnix, you may not make use of the Materials. There are no implied licenses in these Terms and Healthnix reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms
7.1 Third-Party Services and Linked Websites. Healthnix may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Google, X or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize Healthnix to transfer that information to the applicable third-party service. Third-party services are not under Healthnix’s control, and, to the fullest extent permitted by law, Healthnix is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Healthnix’s control, and Healthnix is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Healthnix will have no control over the information that has been shared.
7.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. User Content
8.1 User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
8.2 Limited License Grant to Healthnix. By Posting User Content to or via the Service, you grant Healthnix a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Healthnix’s exercise of the license set forth in this Section.
8.3 Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
8.4 You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Healthnix disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Healthnix and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Healthnix, the Service, and these Terms;
(b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Healthnix to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
(c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
8.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Healthnix may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Healthnix with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Healthnix does not permit infringing activities on the Service.
8.6 Monitoring Content. Healthnix does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Healthnix reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Healthnix chooses to monitor the content, then Healthnix still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Healthnix may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
9. Communications
9.1 Text Messaging & Phone Calls. You agree that Healthnix and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM HEALTHNIX, YOU CAN EMAIL HELLO@HEALTHNIX.IO OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM HEALTHNIX, YOU CAN EMAIL HELLO@HEALTHNIX.IO OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.
9.2 Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.
9.3 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
10.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
10.2 harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
10.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
10.4 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Healthnix;
10.5 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
10.6 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
10.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
10.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
10.9 attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).
11. Intellectual Property Rights Protection
11.1 Respect of Third Party Rights. Healthnix respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
11.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
Healthnix Inc.
Attn: Maja Mazur, CEO
40 West 25th, New York City, 10010, New York, United States
Email: maja@healthnix.io
11.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property right that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by Healthnix with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Healthnix making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
11.4 Repeat Infringers. Healthnix’s policy is to: (a) remove or disable access to material that Healthnix believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Healthnix will terminate the accounts of users that are determined by Healthnix to be repeat infringers. Healthnix reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
11.5 Counter Notification. If you receive a notification from Healthnix that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Healthnix with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Healthnix’s Designated Agent through one of the methods identified in Section 11.2 (DMCA Notification), and include substantially the following information:
(a) your physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Healthnix may be found, and that you will accept service of process from the person who provided notification under Section 11.2 (DMCA Notification) above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
11.6 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Healthnix in response to a Notification of Claimed Infringement, then Healthnix will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Healthnix will replace the removed User Content or cease disabling access to it in 10 business days, and Healthnix will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Healthnix’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Healthnix’s system or network.
11.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Healthnix] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Healthnix reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
12. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service
13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2 (Termination).
13.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Healthnix may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by completing [this form].
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Healthnix any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Healthnix), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
13.4 Modification of the Service. Healthnix reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Healthnix will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
14. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Healthnix, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Healthnix Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. Disclaimers; No Warranties by Healthnix
15.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HEALTHNIX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HEALTHNIX DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND HEALTHNIX DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
15.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR HEALTHNIX ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HEALTHNIX ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
15.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMERS; NO WARRANTIES BY HEALTHNIX) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Healthnix does not disclaim any warranty or other right that Healthnix is prohibited from disclaiming under applicable law.
16. Limitation of Liability
16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HEALTHNIX ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HEALTHNIX ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
16.2 EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HEALTHNIX ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO HEALTHNIX FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
16.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Dispute Resolution and Arbitration
17.1 Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Healthnix agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HEALTHNIX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Healthnix Inc., Attention: Maja Mazur – Arbitration Opt-Out, 40 W25th, 10010, New York City, New York that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Healthnix receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
17.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Healthnix.
17.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Healthnix’s address for Notice is: Healthnix Inc., 40 W25th, 10010, New York City, New York. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Healthnix may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Healthnix will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
17.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Healthnix must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
17.7 Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Healthnix before an arbitrator was selected, Healthnix will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
17.8 No Class Actions. YOU AND HEALTHNIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Healthnix agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
17.9 Modifications to this Arbitration Provision. If Healthnix makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Healthnix’s address for Notice of Arbitration, in which case your account with Healthnix will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.10 Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Healthnix receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.3 (Governing Law) will govern any action arising out of or related to these Terms.
18. Miscellaneous
18.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Healthnix regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2 Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Healthnix submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.
18.3 Privacy Policy. Please read the Healthnix Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Healthnix Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
18.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18.6 Contact Information. The Service is offered by Healthnix Inc., located at 40 W25th, 10010, New York City, New York. You may contact us by sending correspondence to that address or by emailing us at hello@healthnix.io.
18.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
18.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
18.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
19. Notice Regarding Apple. This Section 19 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Healthnix only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
20. Telehealth Consent Form. I understand that Telehealth is a mode of delivering health care services via communication technologies (e.g., internet or cellphone) to facilitate diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care.
By acknowledging my consent below, I understand and agree to the following:
1. I understand that Junction and affiliate Openloop Healthcare Partners, PC offer Telehealth consultations, which are conducted through videoconferencing, telephonic, and asynchronous technology and my Telehealth provider will not be present in the room with me.
2. I understand there are potential risks to the use of Telehealth technology, including but not limited to, interruptions, delays, unauthorized access, and or other technical difficulties. I understand that either my Telehealth provider or I can discontinue the Telehealth appointment if the technical connections are not adequate for my visit.
3. I understand that I could seek an in-office visit rather than obtain care from a Telehealth provider, and I am choosing to participate in a Telehealth consultation with Junction, an affiliate of Openloop Healthcare Partners, PC, Openloop Healthcare Partners, PC, Openloop Healthcare Partners California, PC, Openloop Healthcare Partners Colorado, PC, Openloop Healthcare Partners New Jersey, PC, Openloop Healthcare Partners Wisconsin SC, Reliant.MD Medical Associates, PLLC, Reliant.MD Medical Associates California, PC, Reliant.MD Medical Associates Colorado, PC, Reliant.MD Medical Associates New Jersey, PC, Reliant.MD Medical Associates Wisconsin, SC, MECNB Physician Services, PC, MECNB Physician Services California, PC, MECNB Physician Services Colorado, PC, MECNB Physician Services New Jersey, PC, and MECNB Physician Services, SC.
4. To protect the confidentiality of my health information, I agree to undertake my Telehealth consultation in a private location, and I understand that my Telehealth provider will similarly be in a private location.
5. I understand that I am responsible for payment of any amounts due and owing resulting from my Telehealth visit.
6. In an emergent situation, I understand that the responsibility of my Telehealth provider may be to direct me to emergency medical services, such as an emergency room.
By acknowledging below, I certify:
- that I have read this form and/or had it explained to me
- that I understand the risks and benefits of a Telehealth appointment
- That I have been given the opportunity to ask questions and that such questions have been answered to my satisfaction.
21. Bioreference Labs: NY + NJ. Patients residing in New York and New Jersey have the right under their respective state patient billing laws to request an itemized price list from Healthnix for their laboratory tests.
Terms of Service [United Kingdom]
These terms may have changed since you last reviewed them
For a list of changes and when they were made, see the Appendix. These terms were last updated in September 2024.
Where to find information about us and our services
You can find everything you need to know about us, Healthnix Ltd (company number 15121283 registered at 86-90 Paul Street, London, England, United Kingdom, EC2A 4NE), and our services on our website https://www.healthnix.io before you purchase any services or products from us. We also confirm the key information to you in writing after you purchase any services or products from us, either by email, or in your online account.
Our services
Our services include the provision of the Healthnix digital platform, through which you may access various online resources relating to nutrition and musculoskeletal health, use our platform to track your health and wellbeing through our symptom tracking features and connect with HCPC (or equivalent) registered dietitians to receive personalised nutritional and lifestyle advice from such dietitians, tailored to your individual health profile. As and when appropriate, your personalised nutritional and lifestyle advice may include educational materials from or interaction with other healthcare professionals relevant to your individual case and needs, for example a physiotherapist or a health coach.
We carefully check the experience and qualifications of all the registered dietitians, nutritionists, health coaches and physiotherapists (as appropriate) who are involved in the delivery of our services.
The specific package of services you receive may vary from one client to another, since the exact dietary and lifestyle advice provided to you is created by the registered dietitians.
When we talk about the “Healthnix programme” we refer to the structured 12 week personalised programme delivered through the Healthnix mobile app by the professionals mentioned above, tailored to your specific needs.
When we talk about the “Healthnix platform” we refer to the mobile app, available on iOS and Android devices, which we have created to facilitate the delivery of the Healthnix programme to those users who purchase it, as well as a set of other platform features, such as symptom tracking, access to meal recipes, educational materials and a user community, which we may make available to a selected group of users as we test the beta of this offering.
When you purchase access to the Healthnix platform from us you are agreeing that:
- Your access to the Healthnix platform will be granted only after we have verified your order. This will include checking your eligibility for the programme based on your age, BMI, existing conditions and completion of any pre-requisities in line with our onboarding policy.
- For health and safety reasons, not everyone is eligible to take part in the structured Healthnix programmes led by the registered dietitians, so we may reject some purchase requests.
- Healthnix is not yet freely available on the market. It is currently being made available to selected groups of users to enable us iterative product development and market testing.
- Neither we, nor dietitians on the Healthnix programme and/or platform provide medical advice.
- We charge you when we accept your purchase of access to Healthnix.
- We are not responsible for delays outside our control.
- You are responsible for making sure the information you provide is accurate.
- You have a legal right to change your mind.
- You have rights if there is something wrong with the services we have provided to you.
- We can change services and these terms.
- We can suspend supply (and you have rights if we do).
- We can withdraw services.
- We can end our contract with you.
- We don’t compensate you for all losses caused by us or our services.
- We use your personal data as set out in our Privacy Notice.
- You have several options for resolving disputes with us.
- Other important terms apply to our contract.
These terms are explained in more detail below.
We will only grant you access to the Healthnix platform/ programme after we verified and approved your order
We contact you to confirm we’ve received your order and then we contact you again (normally within 3 working days) to confirm we’ve accepted it or, if not, we will provide the reasons why we cannot accept your request to access our services. You are entitled to appeal any such decision.
Not everyone is eligible to be onboarded – sometimes we reject orders
Sometimes we reject orders, for example, because we can’t verify your age (our services are only for users aged 18 or older), because you are not eligible for our services due to some health exclusion criteria (which will be communicated to you in the onboarding process) or because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
We do not provide medical advice
The Healthnix programme and any materials you may access on the Healthnix platform are not, and are not intended to be, medical advice. Registered dietitians who provide dietary plans as part of the Healthnix programme provide nutritional advice only. Information shared with you through the Healthnix platform or through the educational non-personalised section of the Healthnix programme content is informational and educational in nature only and must not, in any case, substitute medical advice given to you by your healthcare professional.
Whilst we do our best to ensure it is safe for you to use our services, we recommend that you consult your primary care physician or rheumatologist before taking part in the Healthnix programme.
Please note that whilst working with a dietitian and implementing lifestyle changes is likely to help manage your osteoarthritis symptoms, and may reduce your pain levels or improve mobility, it should not be treated as a substitute for medical advice or medication which may in some cases be necessary. We hope that our services will allow you to reduce medication usage in a safe and effective manner, but the decision to do so should always be made after consultation with your healthcare professional.
We charge you when we accept your purchase of access to the Healthnix platform
However, for most users, except our Early Adopters, access to the Healthnix platform beyond the 12 week dietitian led programme is charged at regular quarterly intervals, as explained to you during the onboarding process. You may cancel this subscription at any time through the relevant cancellation link in the platform or by contacting us at hello@healthnix.io
We’re not responsible for delays outside our control
If our supply of your service is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: hello@healthnix.io to end the contract and receive a refund for any services you have paid for in advance, but not received.
You are responsible for making sure information you provide is accurate
If we ask you for information relating to the service, you are responsible for making sure that information is correct.
This is essential and we may cancel your access to the Healthnix platform if we find out you shared inaccurate, incomplete or untrue information regarding your health, age, or any other factors which may make it unsafe or inappropriate for you to receive any or some of our services.
In particular, it is absolutely crucial that you answer truthfully and fully, to the best of your knowledge, any questions from us or dietitians relating to any relevant medical conditions you may have which may affect the advice dietitians ought to give you, any allergies, intolerances, symptoms, substance or drug usage. We only ask for information we need to ensure that it is safe for you to use any of the services we provide.
You have a legal right to change your mind
Your legal right to change your mind. You have 14 days after the date we confirm your order to change your mind about a purchase, but you lose the right to cancel any service, when it’s been completed (and you must pay for any services provided up the time you cancel). For instance, if you paid for the Healthnix programme and already did the blood tests or attended the first dietitian call, the part of the programme fee attributable to the blood tests and/or the first dietitian call is no longer refundable (except if you are an Early Adopter in which case the Early Adopter Terms, communicated to you during onboarding, apply).
How to let us know and what happens next.
If you change your mind and no longer wish to receive our services, please contact us as hello@healthnix.io. We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.
You have rights if there is something wrong with your service
If you think there is something wrong with your service, you must contact our Customer Service Team: hello@healthnix.io Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
Summary of your key legal rights
If your product is services, for example personalised online diet and lifestyle support, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
- If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
We can change services and these terms
Changes we can always make. We can always change a service:
- to reflect changes in relevant laws and regulatory requirements; and
- to make minor technical adjustments and improvements.
Changes we can only make if we give you notice and an option to terminate. We can also make other types of change to the service or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team (hello@healthnix.io) to end the contract before the change takes effect and receive a refund for any services you’ve paid for in advance, but not received.
We can suspend supply (and you have rights if we do)
We can suspend the supply of a service. We do this to:
- deal with technical problems or make minor technical changes;
- update the service to reflect changes in relevant laws and regulatory requirements; or
- make changes to the service (see We can change services and these terms).
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the service we adjust the price so you don’t pay for it while its suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than 72 hours you can contact our Customer Service Team: hello@healthnix.io to end the contract and we’ll refund any sums you’ve paid in advance for services you won’t receive.
We can withdraw services
We can stop providing a service. We let you know at least 24 hours in advance and we refund any sums you’ve paid in advance for services which won’t be provided.
We can end our contract with you
We can end our contract with you for a service and claim any compensation due to us if:
- you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service, for example, information we need to order the blood testing services for you, any information which is critical to the provision of safe dietary and lifestyle advice (as judged by the registered dietitians);
- you are abusive and/or repeatedly offensive to any of our staff, including contractors such as registered dietitians, health coaches or any other professional you come in contact with through the Healthnix platform;
- you provide incomplete, inaccurate or false information relating to your health which is relevant to the registered dietitians being able to provide their services to you through the Healthnix platform and you do not rectify such situation within 14 days of receiving our request, or a request from the dietitian, to do so.
We don’t compensate you for all losses caused by us or our services
We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
- A business loss. It relates to the purposes of your trade, business, craft or profession.
We use your personal data as set out in our Privacy Notice.
You have several options for resolving disputes with us
Our complaints policy. Our Customer Service Team hello@healthnix.io will do their best to resolve any problems you have with us or our services. We want to deliver exceptional services to you at all times and it is important to us that you notify us if something is not right.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
Appendix 1
No changes since Dec 2024.