Terms & Conditions

Last update: Dec 31, 2020

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.enhancedapp.io (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Services”, which may be updated from time-to-time at the sole discretion of Enhanced). Please read these terms and conditions, carefully before ordering any Services from the Website or third-party App stores (e.g. the Apple App Store, the Android Play Store, etc.). By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Services.
Our contact email address is contact@enhancedapp.io. All correspondence to Enhanced including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.

1. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

2. General

Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Enhanced grants you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, and any documentation made available to you by Enhanced solely for purposes of your personal use of the Services. The Service is enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Services, including any and all technology, software, and content. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Services, including any and all technology, software, and content. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Services. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.

3. Registration

You are required to register for the Service and provide certain information about yourself.
You will provide our Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Company account. You shall not use a false nature, e-mail address, or phone number or otherwise enter information with the intent to impersonate another person. You will receive a user account for our personal use that requires an e-mail and password. You are responsible for all activities that occur under your user account. You shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (b) maintain the confidentiality of your password and user account information; (c) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify Enhanced promptly of any such unauthorized use; and (d) comply with all applicable local, state, and federal laws in using the Service.

4. Term and Termination

The term of this Agreement will begin upon your successful registration for the Service and will continue indefinitely unless terminated by either party as permitted herein.Enhanced may suspend or terminate your access to the Service if you breach any term of this Agreement, or engage in any conduct that Enhanced determines in its discretion may have an adverse effect on the Company or its reputation. Upon termination, you will no longer have access to the Service, mobile application, or content provided through the Services. In addition to termination, Enhanced reserves the right to pursue any and all remedies available to it.

5. Intellectual Property Ownership

Except for the limited license and use rights expressly granted to you under this Terms of Use during the Term, all title to and the rights in the Services, including any and all technology, software, and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, Enhanced’s or third-party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of Enhanced and/or third parties.

6. Confidentiality

We will use and protect your personal information pursuant to the Privacy Policy. You agree not to reveal or disclose any confidential information of the Company, which includes information, materials, and content provided in connection with the Service) for any purpose with the Company’s consent.

7. Non-Confidential Information

Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the Service, such as any questions, comments, suggestions, or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how, or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products.

8. Content

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. This Service may provide information about health and wellness and certain health conditions. However, nothing on this Service should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any clinical decision or action. Patients should not use the information contained in the Service for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.

9. Service Access and Changes

We reserve the right to withdraw or amend this Service or materials we provide in connection with the Service, in our sole discretion. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service to users. We also may update the content on this Service from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date.

10. Trademarks

Trademarks, service marks, graphics, and logos used in connection with the Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code, and all other related content contained on the Service is owned by the Company or third parties and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution, or public exhibition of materials provided through the Service, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Service and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed, or transmitted in any way (including “mirroring”) to any other computer, server, Service or another medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

11. Third-Party Links and Technology

Any and all third-party technology or Services provided, made available, linked to, or otherwise accessible through the Service (“Third-Party Technology”) is provided solely as a convenience to you and not under our control. The Company does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third-Party Technology. The Company does not have any responsibility or liability to you for any Third-Party Technology which you access and you use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third-Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third-Party Technology. We encourage you to review the terms of use and privacy policies applicable to such Third-Party Technology.

12. Intended for Users Over 13

The Service is not for use by any individual under the age of 13. We will not knowingly collect information or provide Services to anyone under the age of 13.

13. Purchases

Enhanced offers certain features of the Services which you can purchase as a monthly, yearly or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Enhanced may charge your credit card or third-party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or another financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Enhanced until accepted and confirmed by Enhanced. All payments made are non-refundable and non-transferable except as expressly provided in these Terms. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Enhanced.

14. Subscription Auto-Renewal

Subscriptions are automatically renewed until you terminate or cancel the subscription. All amounts are payable and charged: (a) for one-off purchase (e.g. lifetime Subscription), at the time you place your order, and (b) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period.

15. Subscription Cancellations & Refunds

Generally, all charges for purchases are nonrefundable and there are no refunds or credits for partially used periods. You can cancel your Enhanced membership at any time, and you will continue to have access to Enhanced’s service through the end of your billing period. Objections to a payment already made or Cancellation requests should be directed to Customer support if you made your Subscription purchase via the Site. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.

16. Pricing

Enhanced reserves the right to change its pricing terms for Subscriptions at any time and Enhanced will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Enhanced’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscription Cancellations & Refunds.”

17. Indemnity

You agree to defend, indemnify, and hold Enhanced, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Service.
Enhanced is not a medical organization. You should not consider the service or the documentation as medical advice of any kind; the service is not intended to treat any illness, disease, or adverse medical condition or manage a chronic disease or condition.
By using the Service, you expressly agree that use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. Neither Enhanced nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) warrant that use of the Service will be uninterrupted or error-free. Neither Enhanced nor its Affiliates warrant the accuracy, integrity, or completeness of the content provided on the Service or the products or services offered for sale on the Service. Enhanced and its Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability, or fitness for a particular purpose. No oral advice or written information given by Enhanced or its Affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

18. Limitation of Liability

Except where prohibited by law, in no event will Enhanced or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the service, including but not limited to reliance by you on any information obtained from the service. The foregoing limitation of liability will apply in any action, whether in contract, tort, or any other claim, even if an authorized representative of the company has been advised of or should have knowledge of the possibility of such damages. If notwithstanding the other provisions of these Terms of Use, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, Enhanced or its affiliates liability will in no event exceed the amount of fees paid during the preceding 12 month period. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

19. Governing Law

You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of Israel without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Israel, and waive any objection to such jurisdiction or venue. ‍Waiver of trial by jury. Except where prohibited by law, you expressly waive trial by jury in any judicial proceeding involving any dispute, controversy, or claim arising out of or relating to these terms and conditions or the service.

20. No Waiver

The failure of Enhanced to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by The Company of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Enhanced and you or any other party be deemed to modify any provision of these Terms of Use.

21. Severability

The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use, will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.

22. Ownership of Website and Content

All references to Enhanced within this Terms and Conditions are made on behalf of Pakotec Productions, the legal entity which owns and operates the Enhanced brand and its associated services and products.

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