Kalibra Terms of Service

Last Updated: 01 July, 2021

Kalibra PTE LTD and its affiliates operate an app, virtual coach, marker analytics and website platform called Kalibra. Kalibra requires a membership to use, and we have a few membership tiers ranging from our digital offering to track, store and analyze your data, a virtual coach and human coaching options, as well as personalised nutrition services. 

Your privacy is critically important to us. The entire purpose of the service is to sync and process your information. This is done on our servers, so if that is not something you feel comfortable with then you should not sign up for an account or connect your data. See the complete details of how we collect and use your personal information in our privacy policy here.

TLDR (too long; didn't read)
This agreement has a lot of legal language and is a bit long, but how Kalibra works is quite simple. Here are the basics you need to know:
We do not sell your data, and rather make money from you subscribing directly.
You own your content, but give us a right to use it.
When you opt-in for a renewing subscription, it will keep renewing until you can cancel your membership or delete your account at any time.
Subscription payments are not refundable.
Data in accounts without memberships will be deleted periodically.
We can cancel your account if you breach our terms of service.
We want your feedback, and you allow us to use it.
Follow any suggestions or insights at your own risk — we are not medical doctors and do not provide medical advice.

Full Terms of Service
The Kalibra websites, related mobile applications and services (collectively, the “Services”) are made available to you by Kailbra PTE LTD., subject to these Terms of Service (the “Terms”) and in accordance with the Kalibra Privacy Policy here. More information about the Services may be found at www.kalibra.ai. You agree to comply with these Terms and any other supplemental terms made available to you as part of our Services. We refer to Kalibra PTE LTD as “Kalibra” or “we” throughout this agreement. 

Description of services:
Only adults age 18 and older may use our services
You must create a Kalibra account and answer a number of questions about yourself.
If you buy a blood analysis product, you may choose to have your blood drawn by one of our partner labs that you choose during the purchase and scheduling process. Please review the terms of service found on our partner's website for the rights, obligations and conditions of having a blood test completed by such a lab.
For the Lab Results Upload product, you will provide your own blood test results from your doctor, insurance company, or other source.
If you buy a Kalibra affiliate partner DNA kit, you specifically agree that your DNA will be genotyped by our partner companies in the relevant geography. The Kalibra DNA partner results may include only a portion of the DNA in your genome.
All DNA samples are de-identified before being sent to our partners to help protect your privacy. For specific privacy policies of our DNA partners, please visit their websites.
After analysis, you agree that our partner labs will send us your biomarker and/or DNA data for analysis related to healthy aging, diet and fitness.

The Kalibra service does not provide specific medical advice. It is not a diagnosis of disease and it does not identify any medical conditions. 

By accessing, using or uploading or downloading any information or materials to or from the services, or by indicating your assent to these terms by creating an account, clicking “sign up” or any similar mechanism, you are agreeing to these terms. If you do not agree to these terms, do not access or use the services. This agreement was written in English. To the extent that a translated version of the Terms conflicts with the English version, the English version will prevail.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such a case, the term “you” will refer to such an entity and its affiliates. If you do not have authority, you may not access or use the Services on behalf of that company or other entity. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The Kalibra Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Kalibra processing data about you and other Kalibra members, including location, activity, health, and biomarker data. Processing of the data you share with Kalibra, including location data, is essential to the Services we provide and a necessary part of the agreement we have with you.

The following terms and conditions (“Terms”) govern all use of the Kalibra website and all content, services, and products available at or through the website, app and other platforms. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Kalibra’s Privacy Policy) and procedures that may be published from time to time by Kalibra (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. 

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Kalibra, acceptance is expressly limited to these Terms.

We may make changes to these Terms from time to time. We may notify you of such changes by reasonable means, including by posting the revised version of these Terms on our website. You can determine when we last changed these Terms by referring to the ‘Last Updated’ statement above.

Your use of our Services following changes to these Terms will constitute your acceptance of those changes.

Our Services are not intended for children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for, or use our Services. Any person who registers as a user or provides their personal information in order to use our Services represents that they are 18 years of age or older.

REGISTRATION AND ACCOUNTS
To use the Services, you must register for an account and be 18 years of age or older. You agree to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that Kalibra may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or Kalibra has reasonable grounds to suspect that such Member Data is inaccurate or not current, Kalibra has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will always prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Kalibra of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to Kalibra.

You may register for or log-in to your account via a third-party network, such as Facebook, Apple or Google. If you do so, you hereby authorize Kalibra to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third parties.

Your permission to use the Services is personal to you and non-transferable.

Fees, Payment, and Renewal.
FEES
Some of our Services are offered for a fee — such as chatbot services, AI coaching, data sharing, proprietary analytics or other advanced features in the app (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time from the billing page at www.kalibra.ai (for payments initiated on our website) or through the Apple App Store for subscriptions via the iPhone app or through the Google Play Store for subscriptions via the Android app.

PAYMENT
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

AUTOMATIC RENEWAL
To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a Kalibra annual plan, you will be charged each year. Subscriptions can be cancelled at any time at www.kalibra.ai.

REFUNDS
While you may cancel a Paid Service at any time, refunds for past periods are currently not available.

Where you have subscribed for and paid-up front for a monthly/annual Paid Service and Kalibra terminates such Paid Service before the expiry of the monthly/annual Paid Service period, Kalibra will refund you the difference between the price paid by you for the monthly/annual Paid Service and the amount of time you have had access to the Paid Service between the date of your subscription to the Paid Service and immediately prior to the date of notice by Kalibra of termination of your Paid Service.

Where you have subscribed for and paid-up front for a monthly/annual Paid Service and you terminate such Paid Service before the expiry of the monthly/annual Paid Service period, Kalibra will refund you the difference between the price paid by you for the monthly/annual Paid Service on the date of your subscription for the Paid Service and the amount of time you have had access to the Paid Services immediately prior to the date of your notice to Kalibra for termination of the Paid Service (including an administrative processing fee of SGD 50.00).

FEE CHANGES
We may change our fees at any time. When applicable, we will give you an advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

Cancellation
If you signed up via www.kalibra.ai, you may cancel your membership by visiting the “Billing” page and selecting “Cancel”.

If you signed up via the Google Play or iTunes store, you may cancel your membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle. When your membership ends, your account will remain and convert to a free membership.

Using a Paid Service may be required to store and sync all data. In the absence of a subscription and after a period of inactivity, some data may be removed or access terminated. 

Should you decide to cancel your subscription, you can renew it at any time without opening a new account at the prevailing rates.

You can delete your account at any time via the App or by going to www.kalibra.ai

Proprietary Rights
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Kalibra or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

Kalibra grants you a personal, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to access and use the Services provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the interfaces that are provided by Kalibra.

The term Kalibra, the Kalibra logo and other Kalibra logos and product and service names are exclusive trademarks of, and are owned by, Kalibra PTE LTD and you may not use or display such trademarks in any manner without Kalibra’s prior written permission. Any third-party trademarks or service marks displayed on the Services are the property of their respective owners.

Kalibra reserves all rights not expressly granted hereunder.

Changes
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

TERMINATION.
Kalibra may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Kalibra account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  

Disclaimer of Third-Party Information
Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, content providers, information providers or merchants appearing on Kalibra are not authorized Kalibra spokespersons, and their views do not necessarily reflect those of Kalibra.  
  
Disclaimer of Warranties
The information, software, products, services and content available through the services are provided to you “as is” and without warranty. Kalibra and its subsidiaries, affiliates, officers, employees, agents, partners and licensors hereby disclaim: 

A. All warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement as well as all other conditions, warranties and other terms that might otherwise be implied by law into these terms. 

B. Any and all liability to you whether arising under these terms or otherwise in connection with your use of the services.

C. Any warranty that: (a) the service will meet your requirements; (b) your content will be available or the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.

You expressly agree that kalibra is not providing medical advice via its services. The content provided through the services, including all text, photographs, images, illustrations, graphics, audio, video and other materials, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label.

Should you have any health related questions, please call or see your physician or other healthcare provider promptly.

Should you have an emergency, call your physician or your local emergency services immediately. You should never disregard medical advice or delay in seeking medical advice because of any content presented on the services, and you should not use the services or any content on the services for diagnosing or treating a health problem.

The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Kalibra.

You expressly agree that your athletic activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities.

You expressly agree to release Kalibra, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability in connection with your athletic activities, diet plans, or any other lifestyle changes, and/or use of the Kalibra websites, mobile applications, content, services or products (including, without limitation, any kalibra training plan), and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with such use.

You also agree that in no event shall the released parties be liable to you or any third party for any damages arising out of or in any way connected with (a) your use or misuse of the services, (b) any delay or inability to use the services experienced by you, or (c) any information, software, products, services or content obtained through the services, whether based on contract, tort, strict liability or otherwise, even if Kalibra has been advised of the possibility of damages. Kalibra does not endorse your content or any other member’s content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage injury, claim, liability or other cause of any kind or character based upon or resulting from any content on the services.

For the avoidance of doubt, this section is subject to the limitation of liability of Kalibra as expressed in the limitation of liability section below.
 

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind including (without limitation). Notwithstanding the foregoing, nothing in these terms in intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions or limitation in this part are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

JURISDICTION AND APPLICABLE LAW
Except to the extent that any other applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the Republic of Singapore. 

LIMITATION OF LIABILITY
Except in the case of death or personal injury caused by Kalibra’s negligence, Kalibra (including the Represented Parties as defined above) liability under or in connection with this agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the sum of: 
(a) Fifty Singapore dollars (SGD 50.00); or;
(b) The total amount of fees paid by you to Kalibra in the period of twelve (12) months prior to the date of any claim
(Whichever is the lower).
Further, all claims made against Kalibra and/or the Represented Parties shall exclude all claims for compensatory, direct, indirect and consequential damages as well as damage to property and claims of third parties.

GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that your use of our Services:
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.

In addition, your use of the Services is conditional on your compliance with the rules of conduct set forth in these Terms and you agree that you will not:
Use the Services for any fraudulent or unlawful purpose;
Use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others;
Interfere with or disrupt the operation of the Services;
Transmit or otherwise make available in connection with the Services any virus or other computer code that is harmful or invasive or may or is intended to damage the operation of the hardware, software or equipment used by Kalibra in delivering the Services;
Reproduce, duplicate, copy sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Services; or
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services.

INDEMNIFICATION
You agree to indemnify and hold harmless Kalibra, and its respective directors, officers, employees, and agents from and against any and all claims and expenses, including legal fees, arising out of your use of our Services.

Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Kalibra a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Kalibra any Feedback that you do not wish to license to us as set forth above.

MISCELLANEOUS
This Agreement constitutes the entire agreement between Kalibra and you concerning the subject matter hereof, and it may only be modified by further agreement between yourself and an authorized executive of Kalibra., or by the posting by Kalibra of a revised version.

If any provision of this agreement shall be prohibited by law or adjudged by a court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.

The purposes of theContracts (Rights of Third Parties) Act 1999 (Cap 53.B) and notwithstanding any other provision of this agreement this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Kalibra may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

CONTACT
To contact us, please send a message to [email protected] or visit Contact Us