Thank you for using the OnePlus Health app and associated services.
In order for us to provide better services to you, please carefully read this OnePlus Health User Agreement (hereinafter referred to as “this Agreement”).
This Agreement is made and entered into by and between you and OnePlus Technology (Shenzhen) Co., Ltd. and its affiliates (hereinafter referred to as the “Company”, “we”, “us”, or “our”), and governs your downloading and installation of, signing up for, signing in to, and use of OnePlus Health, and your access to the associated services provided by OnePlus Health. You understand and agree that by accepting such services, you acknowledge and agree that the rights and obligations between the Parties are also bound by this Agreement.
(b) Please carefully read and fully understand each clause of this Agreement, particularly the Exclusion or Limitation of Liability, Governing Law, Grant of Rights and Use of Information, and Dispute Resolution clauses. The limitation or disclaimer clause is highlighted in bold lettering or is underlined for your attention.
(c) Unless you fully accept all of the provisions of this Agreement, you have no right to download, install, or use (hereinafter referred to collectively as “use”) the App. This Agreement incorporates the following related agreements:
For all users:
By completing your sign-up and using the Services and continuing to use the Services after a change to any relevant terms, you confirm that you have carefully read, fully understood and consented to each provision of this Agreement, particularly those provisions that restrict or exempt liabilities, any applicable service-specific terms and the above-listed related agreements. You should read this Agreement carefully and should not use the Services (or should stop using the Services if you have already started using it) if you do not agree.
(d) Our services are mainly targeted at adults. If you are a minor according to the applicable laws in your country, please use the Services with the consent of your legal guardian.
1.1 “User” shall mean any user who directly or indirectly obtains and uses the App and associated services, such as a natural person, legal entity, or other organization, referred to as “User” or “you” in this Agreement.
1.2 “OnePlus Health” shall mean the client app legally owned and operated by the Company and named “OnePlus Health”, which provides the User with associated products or services over the internet, referred to as the “App”, “Product”, or “Platform” in this Agreement.
1.3 This Agreement shall include agreements, rules, and other content regarding the OnePlus Health app and associated services that have been issued and may be subsequently issued from time to time by the Company. Such agreements and rules shall form an integral part of this Agreement once issued and sent to the User properly (such as through system notification) and shall also be complied with by you.
1.4 The Company has the right to modify or terminate the Product or associated services or your right to use the Product or associated services for any reason at any time without any notice or liability to you. You can sign-in to the App or associated services and choose to disable your user account.
2.1 The Health platform and associated services record and analyze your exercise and health data and provide exercise guidance and health services, and deliver the following services (where services may be updated from time to time):
(a) Account login: To manage your exercise and health data, you must sign up for a OnePlus account and sign-in to it.
(b) Personal information management: The App allows you to edit information about your height and weight and your personal settings and then save it locally or to the Health Cloud.
(c) Device management: This service allows you to add, manage, and view your fitness devices such as watches and bands.
(d) Watch face management: This service allows you to manage your watch faces, including but not limited to downloading, installing, switching, and deleting a watch face.
(e) Exercise: This service offers both running and walking modes. It can record and display daily exercise data and record your routes for exercises including walking, running, cycling, and swimming. To record routes, you must turn on the location service on your device.
(f) Fitness: This service displays data about your daily activity, calories burned, heart rate, sleep, energy, and fitness data. To use this service, you need to pair your phone with your wearable smart device and allow the App to obtain data from the device. Cloud services are not offered in some countries and regions, so features that rely on cloud services will be unavailable in those regions. Available features may vary according to the version of the OnePlus Health app you are using.
2.2 You may need to register and use an OnePlus ID (an identifier owned and used by BRAVO UNICORN PTE. LTD., a company established in the Republic of Singapore with registration number 201915628R, and its registered office at the address of 9 Raffles Place, #26-01 Republic Plaza, Singapore 048619, to identify a user’s identity) to use the Services. Your registration and use of your OnePlus ID is subject to OnePlus ID User Terms (https://www.oneplus.in/legal/user-agreement?_ga=2.111439373.884374553.1607995697-1612217520.1598950386)and your continued compliance with the OnePlus Account Terms and Conditions forms a condition of your right to use the Services.
2.3 We recommend that you choose a password with a high level of security and keep it safe. You are responsible for keeping your password secure. You shall bear any losses and liability arising as a result of you providing your Account and Transaction Information to a third party. If you believe that someone may be using your Account and Transaction Information, you should promptly notify us. Access to your account shall be limited to you only, and without the written consent of OnePlus Health, you shall not give, lend, rent, transfer, sell, or otherwise allow others to use it in any manner.
2.4 You can obtain the client App through preinstallation or by downloading it from a third party authorized by the Company. If the App is not obtained from the Company or a third party authorized by the Company, the Company does not guarantee that a non-official version of the App can be properly used, and the Company will not be liable for any losses thus incurred by you.
2.5 The Company may develop different versions of the App for different devices, and you should obtain, download, and install a version appropriate for your device.
2.6 You can use the App and associated services or update it based on your own needs. If you no longer need to use the App and associated services, you can uninstall it yourself.
2.7 In order to improve user experience and services, the Company will provide updates or changes to the App (including but not limited to modifications, upgrades, functional enhancements, development of new services, and replacements) on an unscheduled basis. In order to ensure the security of the App and associated services and improve associated services, the Company will notify the User of any updates to the App and associated services or certain services, including but not limited to, system prompts, announcements, and private messages, wherever possible, and the User has the right to decide whether or not to accept the updated App or services. If the User does not accept the updated App or services, certain features will be restricted or unusable.
2.8 Unless authorized by the Company in writing, you shall not access or use the App or associated services in any unauthorized way, including but not limited to their adaptation, reproduction, dissemination, vertical search, mirroring, or trading.
2.9 The Company grants you a non-transferable, non-exclusive license to legally use the App and associated services for non-commercial purposes. You shall only use the App in accordance with this Agreement on the mobile device legally owned by you.
2.10 Complaints and feedback: If you find that the content of the App or the content of the third-party webpage accessible via any link generated infringes upon your legitimate rights and interests, you can make a complaint or provide feedback by support@OnePlus.com or through other channels published by the Company.
3. Third-party Services
4. Purchases and Charges
You understand and agree that the Company has the right to charge a fee for certain special features or services or change the price of a service and reserves the right to charge a fee for all or certain features and services in the future. If required to give prior notice to you by effective laws or regulations, the Company will give reasonable prior notice to you. If you do not agree to us changing a fee or requiring you to pay a fee in the future, you have the right to stop using the feature or service after the change or before the commencement of the paid service and can opt out of it.
5. User Restrictions
5.1 You must comply with laws and regulations when using the Product or associated services, and you shall not use the Product or associated services to engage in illegal activities or activities expressly prohibited by this Agreement, including but not limited to:
(A) Posting, transmitting, disseminating, or storing any content that endangers national security or unity, undermines social stability, goes against public order or good morals, or any insulting, defamatory, obscene, or violent content, or any content that violates national laws or regulations;
(B) Posting, transmitting, disseminating, or storing any content that infringes upon the legitimate rights of others such as intellectual property rights and trade secrets;
(C) Posting any photos or other content that involves violence, nudity, partial nudity, discrimination, violation of laws, or infringement, or any disgusting, pornographic, or sexually suggestive photos or other content through the App or associated services;
(D) Using the App or associated services for illegal or unauthorized purposes;
(E) Defaming, coercing, bullying, abusing, harassing, threatening, impersonating, or intimidating other persons or entities, or using the App or associated services to post private or confidential information, including but not limited to your own or others’ID card number, bank card number, passport number, home address, non-public telephone number, or non-public email address;
(F) Altering, modifying, adapting, or changing the App or associated services, or altering, modifying, or changing other websites so as to mislead others into believing that such websites are linked to the App or associated services;
(G) Accessing our confidential application programming interface (“API”) by means other than those permitted by us. Any use of our API is subject to applicable terms and conditions;
(H) Submitting emails, comments, likes, or other forms of business or harassment letters (“Spam”) to any of our users;
(I) Using any domain name or website URL in your account without our prior written permission;
5.2 You shall not Interfere with or disrupt the App or associated services or any servers or networks connected to the App or associated services, including by spreading worms, viruses, spyware, malware, or other destructive code. You shall not place content or code into your browser or device or otherwise change or interfere with the rendering or display of our web pages on your browser or device, including but not limited to:
(A) Creating an account to use our Product or associated services by unauthorized means, including but not limited to by using an automated device, script, robot, spider, crawler, or cheater;
(B) Attempting to restrict other users from using or enjoying the App or associated services, or encouraging or facilitating any activities that violate this Agreement or other rules or regulations of the Company;
5.3 You shall not use any plug-ins, systems, or third-party tools not authorized or licensed by the Company to interfere with, disrupt, or otherwise affect the normal functioning of the OnePlus Health app or associated services;
5.4 Reverse engineering, disassembling, or decompiling the OnePlus Health app, or otherwise attempting to discover the source code of the App is forbidden;
5.5 Performing other activities that violate laws or regulations, this Agreement, or the applicable rules of the Company or infringe upon the legitimate rights or interests of others is forbidden.
5.6 You are solely responsible for your acts and any data, text, files, information, account numbers, images, graphics, photos, profiles, applications, links, and other content or materials (“User Content”) submitted, posted, or displayed by you through the App or associated services.
5.7 You represent and warrant that you possess the ownership of the User Content posted on or through the Product or associated services, or you have the right to grant the rights and licenses stipulated in this Agreement.
5.8 You understand and agree that if any infringement complaint is filed against you or by you, we have the right to provide necessary information such as the name and contact information of the party involved in the dispute and the specifics of the complaint to the other party involved in the dispute or the applicable authority in order to resolve the dispute as soon as possible and protect the legitimate rights and interests of others. If you repeatedly infringe upon the intellectual property rights of others, we will disable your account in due course.
5.9 If the Company determines that any User has violated this Agreement, the Company may terminate its user account. You understand and agree that the Company is not, and will not be, responsible for the User Content posted on the App or associated services, and that your use of the App or associated services is at your own risk. If you violate the provisions or spirit of this Agreement or otherwise cause us to bear any risk or render us possibly legally liable, we will cease to make the App or associated services available to you in whole or in part.
7. Change, Suspension, and Termination of Services
7.1 The Company will make every endeavor to provide you with uninterrupted and secure services. However, you understand and agree that the Company cannot foresee or prevent technological and other risks at all times, including but not limited to force majeure, viruses, Trojans, hacker attacks, system instability, defects in or security issues with third-party services that may lead to the interruption of associated services, data loss, and other losses and risks.
7.2 The Company hereby disclaims all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, title, customs duties, trade, quiet enjoyment, system integration, and freedom from computer viruses.
8. Limitation of Liability and Waiver
8.1 You understand and agree that the App and associated services may be affected or disturbed by various factors. The Company does not guarantee that the Product is compatible with all software and hardware systems, and risks may occur as a result. We will make every endeavor to provide uninterrupted online services. In view of the particularity of the internet, access to the Platform from the internet may be blocked, limited, or terminated due to a variety of factors, and we will not be liable for any losses or inconvenience thus caused to you.
8.2 The Company makes no representations, warranties, or undertakings to you, express or implied, as to the App and associated services. The Company makes no warranties of any kind as to the timeliness, security, correctness, and reliability of the exercise and health data displayed in the App, and you shall use such data based on your own judgment. The data displayed in the App cannot replace professional medical advice. Before making any decisions on your physical health based on such data, you are advised to seek professional advice from a legally qualified health care professional if you deem it necessary, after taking your own health condition into consideration.
8.3 In no event shall the Company be liable to you for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind. In no event shall the Company be liable to you or anyone else for any losses, damage, or injuries (including but not limited to personal injuries and death).
8.4 You agree that if you suffer any damage, losses, or personal injuries due to the action or negligence of the Company, such damage caused to you (if any) shall not be irreparable, nor shall you prevent the exploitation of any websites, property, products, services, or other content owned or controlled by the Company by means of an injunction or have the right to assign or restrict the development, generation, dissemination, promotion, display, or exploitation of any websites, property, products, services, or other content owned or controlled by the Company.
8.5 By using the Product or associated services of the Company, you understand and agree that you may be required to waive certain rights regarding claims that are currently unknown.
8.6 The Company shall not be liable for your actions, content, information, or data, or those of any third party, and you hereby waive your right to hold the Company liable for any claims filed by you against any third party or any known or unknown claims or damages relating thereto.
9. Liability for Breach
9.1 You agree to protect and safeguard the interests of the OnePlus Health app, the Company and other users and to be liable for any losses incurred by the OnePlus Health app, the Company, or any other third party as a result of your violation of applicable laws, regulations, or any of the provisions of this Agreement. You agree to indemnify the Company and its parent company, subsidiaries, affiliates, and employees as well as all persons involved for all losses incurred as a result of your violation of applicable laws, regulations, or this Agreement.
10. Governing Law and Venue
10.1 This Agreement is governed by the laws of India, without regard to its conflict of laws provisions, except as otherwise provided by any mandatory applicable law in your jurisdiction, in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence.
10.2 To the extent permitted by applicable law, you and we shall first turn to amicable negotiations to resolve any dispute or issue in relation to the Services arising from this Agreement. In the event that no resolution can be concluded within 30 days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to the courts of Bangalore, India as the exclusive dispute resolution venue, with the only exception that if the mandatory law and courts in your country provide you with an inalienable right for consideration of the dispute in your local jurisdiction and venue or will not permit you to consent to the jurisdiction and venue of Bangalore, India or if the courts in your country consider this as being unfair, then the courts of your usual place of residence will apply to such disputes related to this Agreement. This does not affect your right to start proceedings to protect your legal position.
10.3 We have subsidiaries and affiliated legal entities around the world who may be providing the Services to you on behalf of us or in their own right. You agree that such our subsidiaries and affiliated legal entities are entitled to provide the Services to you under this Agreement.
11.1 If you use the Product or associated services on behalf of a legal entity, you hereby represent that you have the right to enter into this Agreement on its behalf. This Agreement constitutes the entire agreement between you and the Company, governs your use of the Product or associated services, and supersedes any prior agreements between you and the Company. No activities and business practices between the Parties will affect this Agreement. This Agreement grants no benefits to any third party.
11.2 As the Company offers a variety of products and services, additional terms and conditions may be necessary for specific services. When you use such products or services, additional terms and conditions may be provided along with them and form an integral part of this Agreement entered into with the Company. In the event of any conflict between any of such additional terms and conditions and the provisions of this Agreement, such additional terms and conditions shall prevail.
11.3 The Company has the right to limit the availability of the Product or associated services of the Company or any part thereof to any individual or territory and to limit the number of contents, programs, products, services, or other features provided by the Company at its sole discretion at any time.
11.4 The provisions of this Agreement are provided by the Company, and the exclusion or limitation of liability clause is highlighted in bold lettering or is underlined for your attention. If you do not agree to any of the provisions of this Agreement, or if you have any doubts about any of the provisions of this Agreement, do not agree to this Agreement or use the OnePlus Health app. By using the OnePlus Health app, you acknowledge that you consent to this Agreement and agree to be bound by it as a party hereto.
11.5 All notices to be given by the Company to the User under this Agreement may be given through system prompts, announcements, or private messages. Any notice will be deemed to have been served on the User on the day on which it is sent.
Updated: December 3, 2020