Terms & Conditions

Thank you for joining Essence (“We”, “Us”, “Developer”, “Essence App”). These Terms of Use, together with the Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the well-being coaching services, mobile application, and Service provided or operated by Essence (“Service”) including any content and functionality offered through the Service. (“Terms of Use” or “Agreement”)

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICE. BY USING THE SERVICE, YOU REPRESENT YOU ARE AT LEAST 13 YEARS OF AGE. FURTHER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT 13 YEARS OLD OR DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SERVICE. WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.

Use of the Service

General

Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Essence 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 Essence 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.

The Service has been designed by Essence with the purpose of assisting people to improve their well-being and achieve their health goals through healthy lifestyle choices and behavior. We encourage you to consult with your healthcare provider before commencing the Services. You represent that you are in good enough health to begin these Services, which may include changes to your diet or level of physical activity, among other things. If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained the express approval from a healthcare professional to receive the Services before beginning. The Service requires your active engagement and participation. You understand that, despite your efforts, individual users' results will vary for a variety of reasons and Essence cannot guarantee that you will improve your mental or physical health and achieve your health goals.
Essence aims to provide helpful information to individuals in relation to their well-being. This includes information relating to nutrition, fitness, moods, dietary supplements, and general wellness. The dietary supplements may be produced by Essence or produced and made available by third parties on that third party’s website. We aim to tailor this information in relation to each individual user, to help individuals find information that we feel may be relevant to them. However, the information provided on the Essence App and Services, including via the virtual drop-in clinics, does not constitute health or medical advice and is not tailored to you or any particular individual.

IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY THE DEVELOPER. ESSENCE IS NOT A LICENSED MEDICAL CARE PROVIDER. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION, OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICES. SUGGESTIONS FOR NEW HABITS ARE SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR SERVICE IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE, OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE, OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE, OR TREATMENT SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS.

Registration

You are required to register for the Service and provide certain information about yourself. All information we collect about you in connection with the Services is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including being contacted via email.
 
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: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify us promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the Service.

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. We may suspend or terminate your access to the Service if you (a) breach any term of this Agreement, or (b) engage in any conduct that we determine in its discretion may have an adverse effect on our reputation. Upon termination, you will no longer have access to the Service, mobile application, or content provided through the Services. In addition to termination, we reserve the right to pursue any and all remedies available to it.

Registration

You will provide us 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 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.

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, our or third-party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is our exclusive property and/or third parties.

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 Developer, which includes information, materials, and content provided in connection with the Service) for any purpose with the Developer’s consent.

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.

Content

The information presented on or through the Service is made available solely for general information purposes. Although we frequently consult with third-party professionals (such as gynecologists, nutritionists, and endocrinologists) when curating the content on the Essence App and Services, this content has not been evaluated by medical professionals or medical bodies and is not intended to diagnose, treat, cure or prevent any illness, condition or other physical or mental health issue. 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.

Service Access and Changes

We reserve the right to withdraw or amend this Service or materials we provide in connection with the Service, at 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.

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 Developer 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 Developer.

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”) are provided solely as a convenience to you and not under our control. The Developer does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. The Developer 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.
Essence may provide links to third-party websites, for example, when referring to a supplement, product, or information that we feel may be of interest to you in general. If you purchase any products or services via a link to a third-party website, the terms and conditions and privacy policy of that website shall apply to such purchase. We may carry out certain verification checks on third-party suppliers but cannot guarantee any specific supplier's information, accreditation, or registration. We make no warranty regarding any goods or services purchased or obtained from third parties as a result of using the Services, and you should in all cases make your own inquiries.  In particular, it is your responsibility to satisfy yourself that a third-party supplier is solvent and has appropriately qualified and certified personnel where appropriate. We will not be a party to any contract made between you and any third-party supplier and therefore we shall not be liable for any loss or damage that results from any dealings between you and any such third-party supplier, including but not limited to any direct or indirect loss of any kind. Whilst we always aim to be as thorough as possible in checking other content or websites linked to or referred to on the Essence App or Services, it is not possible for us to review all such websites or other content, and you should therefore take care when following any link. We do not warrant the appropriateness or accuracy of any information made available to you by a third-party website linked from the Essence App or Services (regardless of source), and we accept no responsibility or liability for the appropriateness, accuracy, or any other aspect of such websites or the information made available by them to you; or any loss or damage that may be suffered as a result of following any links.
Link to Terms and Conditions of some third-party service providers used by the app

  • Google Play Services

  • Google Analytics for Firebase

  • Firebase Crashlytics

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.

Purchases

Essence offers certain enhanced features of the Services that 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 Essence 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 Essence until accepted and confirmed by Essence. 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 Essence.

Subscription Auto-Renewal

Subscriptions are automatically renewed until you terminate or cancel the subscription. All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) 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.

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 Essence membership at any time, and you will continue to have access to Essence’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.

Pricing

Essence reserves the right to change its pricing terms for Subscriptions at any time and Essence 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 Essence’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscription Cancellations & Refunds.”

Indemnity

You agree to defend, indemnify, and hold the Developer, 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.

DISCLAIMER: ESSENCE IS NOT A MEDICAL ORGANIZATION. YOU SHOULD NOT CONSIDER THE SERVICE OR THE DOCUMENTATION AS MEDICAL ADVICE OF ANY KIND, AND 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 The Developer 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 The Developer 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. Further, The Developer makes no representation that content provided on the Service is applicable to, or appropriate for use in, locations outside of Estonia. The Developer 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 The Developer 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.

Limitation of Liability

Except where prohibited by law, in no event will THE DEVELOPER 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 DEVELOPER 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 Developer 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, THE DEVELOPER’S AND ITS AFFILIATE’S 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.
Notwithstanding any other provision, nothing in these Terms of Use shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
If you are dissatisfied with the Essence App, the Services, or any of these Terms of Use, your sole remedy under these Terms of Use shall be to discontinue use it.
All conditions, warranties, and obligations which may be implied or incorporated into these Terms of Use by statute, common law, or otherwise, and any liabilities arising from them are hereby expressly excluded to the extent permitted by law.
We shall have no liability to you for any indirect loss or for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption, or loss of data you may suffer in connection with your use of the Essence App, the Services, or any materials available through the Essence App or Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for indirect losses.  Accordingly, some of the above limitations of liability may not apply to you.
To the extent that any limitation or exclusion of liability in these Terms of Use proves ineffective, our maximum aggregate liability under or in connection with these Terms of Use (including your use of the Essence App and Services) whether in contract, tort (including negligence), statutory duty, misrepresentation or otherwise, shall in all circumstances be limited to £100.

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 Estonia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Tallinn, Estonia, 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.

No Waiver

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

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.

Important disclaimers

While we will aim to maintain an uninterrupted service through the Essence App and Services, it is provided on an “as is” basis and we do not promise that your access to the Essence App or Services will be delivered uninterrupted, securely, in a timely manner or error-free, or that the Essence App or Services will be free from viruses or other harmful properties. We recommend that you always use up-to-date firewalls and anti-virus software to protect your equipment and data.
From time to time, we may carry out maintenance of the Essence App or Services which may result in certain parts of it becoming unavailable.
While we try to make sure that the Essence App and Services are secure, you should note that transmission of information via the Internet may not be absolutely secure and could be subject to interception by third parties.  
We reserve the right to modify or discontinue temporarily or permanently all or part of the Essence App or Services, with or without notice, without liability for any modification or discontinuance.
With respect to our responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. We accept no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. We do not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS versions that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the app and may terminate your use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but we cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

Contact Us

If you have any questions or suggestions about my Terms and Conditions, do not hesitate to contact me at letstalk@theessence.app.