Personal Health Programme

What this Program does for you

The Program is intended to help adults at risk of a lifestyle induced chronic disease to improve one or more of the lifestyle related risk factors: increase physical activity level, adopt a healthy diet, lower the BMI, educate on coping with stress and give advice on sleep routines.

The program comprises of hardware, software and personal coaching. Personal coaching will be provided via the telephone. Coaching is personalized using data from your connected devices, which can be accessed by the coach during the Program. As a participant in the Program will require at least a Philips health watch). Weight information can be input manually or via the body analysis scale. Optionally, blood pressure values can be input manually or via a connected blood pressure monitor.

The Program offers:

• Personal guidance on goals based on an initial assessment (via intake call)
• Personalized behavior change support based on coaching calls and measured health related lifestyle behaviors like weight management, physical activity, and diet
• Additional insight and motivation via content sent through e-mail

Precautions

YOU UNDERSTAND AND AGREE THAT PHILIPS IS NOT A MEDICAL CARE PROVIDER, AND THAT THIS PROGRAM IS NOT INTENDED TO DIAGNOSE, EXAMINE , TREAT OR MANAGE MEDICAL CONDITIONS OF ANY KIND. THE PROGRAM, AND GUIDANCE PROVIDED BY THE COACH, IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT BY ANY HEALTHCARE PROVIDER.

The Program is not suitable for everyone. Pregnant women, children younger than 18, disabled people, people who have type 1 diabetes, people suffering from sleep disorders or having other contraindications as listed in the (safety) documentation of the Philips’ connected device(s) should not participate in the Program.

People who are currently taking medication for their existing condition(s) should check with their physician before signing up for the Program. This also applies to persons who have been told by their doctor that they have a condition and that they can only engage in physical activities recommended by a doctor.

You are advised to always consult a physician for questions regarding your medical condition and engaging in physical activity.

Warranty disclaimer on the Program

This Program is provided “as is”. Any use of the Program is for your own risk and account. To the maximum extent permitted by law, Philips disclaims all warranties of any kind; either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, any implied warranty of non-infringement. Philips does not warrant that the functions contained in the Program will meet any requirements or needs you may have or that the Program will operate error free, or in an uninterrupted fashion, or that any defects or errors in the Program will be corrected, or that the Program is compatible with any particular platform.

YOU UNDERSTAND AND AGREE THAT PHILIPS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND NO PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BY USE OF THE PROGRAM, AND THE PROGRAM IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. YOU SHALL INDEMNIFY PHILIPS FULLY AND HOLD PHILIPS HARMLESS AGAINST ANY LOSSES OR LIABILITY IN CONNECTION WITH ANY CLAIM ARISING DUE TO YOUR USE OF THE SOFTWARE FOR PURPOSES OF DIAGNOSIS OR TREATMENT.

Warranty in general

These terms of use will not impair any statutory warranty rights you have as a consumer in the country of your residence.

Third party services

Use of the Program does not include the provision of a mobile device or other necessary equipment to access it. To use the Program you will require internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur or be charged for by third parties. It is possible that when you use the Program you will also use a service, download a piece of software, or purchase goods or services that are provided by a third party. Those third party services and goods may be subject to their own rules and restrictions, separate from these terms of use, and you need to abide by them in regard to such third party. Philips is not responsible for these third parties or any part of their offering.

Third party websites and Apps

The Program may provide links or references to websites and Apps operated by third parties. Philips does not monitor such websites and is not responsible for the content, functionality, or practices of such websites. If you access these third party websites, you do so at your own risk. We advise you to read the terms of use and privacy policies on those third party websites. You agree that Philips has no liability for any damage or loss of any type that is a result of your use of a third party website.

Liability

To the maximum extent permitted by applicable law, Philips accepts no liability for any damages incurred as a result of your participation in the Program. In no event will Philips, or any owners or licensors of, or author or contributors to the Program be liable for any direct, indirect, incidental, special, exemplary or consequential damages (such as, but not limited to, procurement of substitute goods or service; loss of data, use or profits; business interruptions) however caused and on ay theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the participation in the Program, even if advised of the possibility of such damage. Philips’ aggregate liability with respect to its obligations under these terms of use or otherwise in connection with the Program shall not exceed the amount of 100 (one hundred) Euros. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, so the above limitation or exclusion may not apply to you. If any limitation on remedies, damages or liabilities is prohibited or restricted by law, Philips shall remain entitled to the maximum disclaimers and limitations available under these terms of use and at law.

YOU SHALL INDEMNIFY PHILIPS AND ITS AFFILIATED COMPANIES FULLY AND HOLD PHILIPS AND ITS AFFILIATED COMPANIES HARMLESS AGAINST ANY LOSSES OR LIABILITY IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR PARTICIPATION IN THE PROGRAM FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT. YOU AGREE TO ENGAGE ON A VOLUNTARY BASIS AND AT YOUR OWN RISK IN ANY EVENTS AND ACTIVITIES YOU HAVE LEARNED ABOUT THROUGH YOUR PARTICIPATION IN THE PROGRAM.

Jurisdiction

These terms and conditions shall be construed, interpreted and governed by the laws of the country of your residence without regard to conflict of law provisions thereof.

Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.

Privacy

Philips values and respects your privacy. Personal data collected during your participation in the Program through the connected devices and the App will be used in accordance with the Privacy Notice. Please read the Privacy Notice.

Intellectual Property

Upon Philips request as well as your own initiative you may provide feedback and suggestions to Philips in relation to the Program. Philips will own all rights, title, and interest in and to such feedback and suggestions and Philips and its affiliates will be entitled to use such without restriction. You hereby irrevocably assign to Philips all right, title, and interest in and to such feedback and suggestions and agree to provide Philips any assistance Philips may require to document, perfect, and maintain Philips’ rights thereto.

The Program

The pilot program consists of:

• Typically, 4-5 telecoaching calls during a period of 12 weeks

o 1 intro call (approximately 40 minutes)

o 2-3 progress check-in calls (approximately 20 minutes)

o 1 wrap up call (approximately 30 minutes)

• Information send to you by the coach though email throughout the Program
• A self-maintenance period of 12 weeks

Your coach will offer personal guidance and support in order to stimulate long lasting behavioral changes. The primary coaching focus will be on goals in the App (‘Get more active” or “Lose weight”) without losing relevant lifestyle factors out of sights, e.g. interaction between sleep and healthy food choices in weight loss track, interaction between sedentary behavior and weight loss. No part of the Program, including the coaching, constitutes medical advice, guidance or treatment in any manner under applicable law. In case of concerns regarding your health, always contact your physician or general practitioner directly.

Your conduct

At the start and end of the Program you may be requested to complete a questionnaire that helps us to understand how you have perceived the Program and how we can further improve the Program. During the questionnaire, there are no right or wrong answers, we just want to find out more about your current situation, experience and opinion.

Your participation in the Program is absolutely voluntarily. If you decide to participate you will be asked to accept these terms of use to acknowledge that your participation is indeed voluntary. Participation in the Program can stop for several reasons:

• If you feel uncomfortable at any stage of the Program, you are free to request your coach to stop your participation in the Program.
• The responsible coach decides that you can no longer participate because:

o Further participation may cause you harm,

o You did repeatedly ignore the coaching guidance provided by your coach

o You no longer meet the criteria for participation, or

o Philips decided to stop the Program.

If participation is no longer possible, the responsible coach will inform you. Philips shall not be obliged to continue the Program, nor shall Philips incur any liability if it decides to terminate the Program (or any part thereof).

Please note that in case your participation stops, personal data collected during your participation in the Program through the connected devices and the App will continue to be stored by Philips. However, you always have the right to delete your account and all stored data if you wish so.

The information that is recorded about you during the Program by your coach will be deleted at the end of the Program.

You agree that any content you provide under the Program and your use of the Program shall not:

a) be fraudulent, inaccurate or misleading;

b) infringe any third party’s proprietary rights or rights of publicity or privacy;

c) be illegal or violate any applicable law or regulation;

d) be competitive with Philips or the Program;

e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

g) create liability for Philips or cause Philips to lose (in whole or in part) the services of suppliers;

h) modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Program or any hardware or application (to be) used in respect thereof, or assist any other person or entity in doing so; or

i) link directly or indirectly to or include descriptions of goods or services that

I. are prohibited under these terms; or

II. you do not have a right to link to or include.

You may not consummate any transaction that was initiated using our Program that could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of the Program or any part of the content thereof without Philips prior written consent.

Your acknowledgment and acceptance

By accepting these terms you agree that:

• You have read and understood the information in these terms.
• You had sufficient time to consider your participation in the Program and are fully aware that participation in this Program is voluntary.
• You know that you can decide not to participate or stop participation at any time without giving any reason for this decision.
• You understand that additional terms and conditions apply to hardware and application (to be) used by you as part of the Program and acknowledge to agree to such terms before entering into the Program
• You understand and agree that personal data will be collected, used and processed in accordance with the Privacy Notice for the purposes of the delivering the Program to you by the responsible coach.
• You know that you have the right to request an overview of the personal data collected about me and can have it corrected or deleted.

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