The “Novify” mobile application (the “Application”) is provided by NOVI Health (“we”, “us”, “ours” or “NOVI Health”) as a value-added service that NOVI Health provides. Your use of the Application is subject to the following terms of use (the “Terms of Use”).

1             Acceptance of the Terms of Use

Please read these Terms of Use carefully before using the Application. By accessing the Application and using its content, you acknowledge and agree that you have read and understood the Terms of Use and agree to be bound by them.

2             Application services

The key function of the Application is to provide integrated tracking and monitoring of certain key types of data (e.g. glucose levels, diet, physical activity, sleep, mood, blood pressure and medications, weight and heart rate) which you provide to evaluate your lifestyle habits and to provide you with health coaching relating to those habits. The Application also facilitates remote communication between you and NOVI Health’s healthcare staff, and for NOVI Health’s healthcare staff to monitor this data remotely. If you are an existing NOVI Health patient, the Application also assists NOVI Health with providing telemedical consults and other medical and health related services to you.

The Application is provided for your personal use only. You may not disclose, distribute, sell or otherwise exploit any portion of the Application in any way for any commercial purpose. When accessing the Application, you agree not to:

• use the Application for any illegal or unauthorised purpose, or in any manner which in NOVI Health’s opinion, is harmful to NOVI Health or another person;

• interfere, disrupt or misuse the Application, including by introducing viruses, trojans, worms, or other malicious or harmful content;

• attempt to gain unauthorised access to the Application, its databases, or the servers on which the Application is hosted;

• change, modify, adapt or alter the Application; or

• use the Application to monitor the data of any other person other than yourself.

3             Disclaimers

The following services provided on the Application should not be considered medical advice or an opinion of a doctor or other health professional about your actual medical state: (a) tracking and monitoring of data using the Application, and (b) any information that the Application provides to you including any information relating to coaching on lifestyle habits. Please consult a healthcare professional regarding any symptoms or queries you may have.

Telemedical consults for existing NOVI Health patients: If you are an existing NOVI Health patient, the Application may provide telemedical consults (through the Application by doctors registered with the Singapore Medical Council) during specific time slots identified on the Application. However, please note the following in relation to these telemedical consults:

• Emergencies / urgent conditions: This Application does not monitor your parameters in real time and/or on an ongoing basis and does not serve as an emergency monitoring service. If you have an urgent condition or emergency, please call 995 or visit your closest A&E or medical clinic immediately.

• Interruption of telemedical consults: In the event any telemedical consult is interrupted or cut off, you should wait for the doctor to call you back.

4             Copyright

We or our licensors own the copyright subsisting in the Application and its contents. You may download and temporarily store one or more of the pages of this Application for the purposes of viewing them and you may print any page from this Dashboard for your personal and domestic use only. Any other storage, copying, transmission or distribution of the content of this Application is prohibited without our consent.

You warrant that any information or material that you upload to the Application is owned by you or used by you under a valid license, and that such information or material will not infringe the rights of any third party, and you shall indemnify us for any loss arising from any breach of this warranty.

5             Trade Marks

The marks ‘NOVIFY’ and ‘NOVI HEALTH’ (and any logos used by NOVI Health in relation to those marks) are trade marks of NOVI Health, and nothing in these Terms of Use gives you the right to use those trade marks without our prior written approval.

6             Your Account

When you use the Application for the first time, you will be asked to register a user account and password. You are responsible for maintaining the confidentiality of your user password and account and for any activities that occur using your account. We shall not be liable to you for any loss or damage which may arise as a result of any failure by you to protect your password or account.

7             Third Party Software and Application Programming Interface (“API”)

We may use third party software and APIs for the Application, or the Application may contain links to sites and resources provided by third parties (‘Third Party Content’). We do not guarantee the reliability of such Third Party Content, and we have no control over the contents of those Third Party Content. It is your responsibility to review the respective terms of use and privacy policies of such Third Party Content.

You agree that we are not liable for any loss or damage arising out of the use of such Third Party Content to access any information or the Application.

8             Personal Data

You confirm that all information and details provided by you to us via the Application are true, accurate and up to date in all respects and at all times. Your access or use of the Application is also subject to our Privacy Policy.

9             Liability

Any content of this Application that is provided by NOVI Health or its licensors is provided for general information only and we do not accept any responsibility for its use. We provide the Application on an “as is” and “as available” basis and, to the maximum extent permitted by applicable laws, we exclude all warranties in relation to the Application.

We exclude all liability which might arise from your use or reliance on the content of the Application, save to the extent such liability arises from our fraud or fraudulent misrepresentation or from any death or personal injury that arises due to our negligence.

While we use reasonable efforts to ensure that the Application is free from viruses and other malicious or harmful content, we cannot guarantee that your use of this Application (including any content on it or any website accessible from it) shall not cause damage to your computer or other device. Except where required by applicable law, we shall not be liable to you for any loss or damage you suffer as a result of viruses or other malicious or harmful content that you access from or via the Application.

While we shall use reasonable efforts to ensure that availability of the Application shall be uninterrupted and that transmissions shall be error-free, this cannot be guaranteed. Also, your access to the Application may also be occasionally suspended or limited to allow for repairs, maintenance, or the introduction of new services. We shall attempt to limit the frequency and duration of any such suspension or restriction and use reasonable efforts to notify you in advance.

To the extent permitted by applicable law, we shall not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any indirect or consequential losses.

To the extent permitted under applicable law, we shall not be held responsible for any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond our reasonable control.

10          Indemnity

You agree to defend, indemnify and hold harmless NOVI Health, our affiliates from time to time, and our and their respective directors, officers, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees on a full indemnity basis) arising from or relating to: (a) your use of and access to the Application; (b) your violation of any provision of these Terms of Use; or (c) your violation of any third party right, including any copyright, property, or privacy right. This defence and indemnification obligation will survive the termination of these Terms of Use and of your use of the Application.

11          Third Party Rights

Only you and we shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act (Cap 53B) or otherwise.

12          Governing Law and Jurisdiction

These Terms of Use and all issues regarding your use of the Application are governed by Singapore law and shall be subject to the exclusive jurisdiction of Singapore courts.

13          Amendments and Contact

These Terms of Use may be varied from time to time by notice to you and, by continuing to use the Application, you agree to be bound by the then current Terms of Use. 

If you have any questions regarding the Application or these Terms of Use, please contact us at: info@novi-health.com