The website Heraleto.com (the “Website”), mobile application (the “Hera Leto App”) and connected device (the “Hera Leto Device”, collectively the “Hera Leto Service”) are not intended to diagnose, treat or prevent any disease or medical condition. Always seek the advice of a qualified medical professional before you use the Hera Leto Service to ensure that using the Hera Leto Service will not affect your health negatively. By using the Hera Leto Service, you understand and agree that all of your activities using the Hera Leto Service may have inherent, implicit and/or expressed risks of bodily injury or death and/or property damage. By initiating a workout or otherwise using the Hera Leto Service, you are acting voluntarily and at your own free will. Consequently, you are liable for all risks associated with such activities even if such risks may be claimed to be caused in whole or part by actions, inactions or negligence of Actywell Digital Limited (“HERA LETO,” “we,” “us,” “our”), its affiliates, directors, officers, employees or others.
DISCLAIMER OF WARRANTIES AND LIABILITY
The Hera Leto Service is provided “AS IS” without any expressed or implied warranties of any kind and HERA LETO disclaims all warranties to the fullest extent permitted by applicable law, whether written or oral, express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. Furthermore, HERA LETO does not warrant or make any warranty or representation as to the use of the Hera Leto Service in terms of correctness, accuracy, adequacy, usefulness, reliability, availability, security, safety or otherwise. HERA LETO does not guarantee that use of the Hera Leto Service will be timely, uninterrupted, secure or error-free and HERA LETO, its affiliates, directors, officers or employees shall not be subject to liability for the truth, accuracy, or completeness of any information conveyed to users or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information from whatever cause.
IN NO EVENT WILL HERA LETO OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SEPCIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF HERA LETO WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBLITY OF THESE DAMAGES, ARISING OUT OF OR RELATED TO THE USE, OR INABILITY TO USE, ANY OF THE SERVICES PROVIDED BY THE HERA LETO SERVICE. ANY USE OF THE SERVICES PROVIDED BY THE HERA LETO SERVICE IS AT YOUR OWN RISK.
Applicable law may not allow exclusions or limitations of certain warranties and/or liabilities; however, you agree that foregoing disclaimers shall apply to the widest extent permitted by applicable law.