Terms & Conditions

Hilo Terms and Conditions

Section 1: General provisions

1. Introduction & Definitions
   • We are Hilo, your blood pressure companion These Terms apply to all offers, orders and agreements for which Hilo Products and/or Services are delivered to You. By purchasing and/or using our Products and/or Services, You acknowledge and agree to be bound by these Terms in addition to any additional terms included in the Offer.
   • In case there is a conflict between the contents of these Terms and any terms in an Offer, the terms in the Offer shall prevail.
   • Capitalized words and expressions used in these Terms are defined as follows, other capitalized words and expressions are defined in the body of these Terms:
     • “Agreement“: the agreement established between You and Hilo, including the accepted Order, these Terms and any annexes thereto;
     • “Hilo“: Hilo is a trademark owned by Aktiia SA, a company with limited liability, incorporated under the laws of Switzerland, having its corporate seat in Neuchâtel (rue du Bassin 8a, 2000), trade register number CH-645-4117746-3. The term “Hilo” may irrespectively refer to the Hilo brand or to Aktiia SA and any of its subsidiaries, including Aktiia B.V., a company with limited liability, incorporated under the laws of the Netherlands, having its corporate seat in Waalwijk (Koetshuislaan 215, 5146 BM), trade register number 82016194, and Aktiia Australia Pty. a company with limited liability, incorporated under the laws of Australia, having its corporate seat in Sydney (Hall & Wilcox, Level 18 , 347 Kent Street , Sydney Nsw 2000), trade register number 684 780 667 The specific legal entity you are contracting with depends on your country of residence, as outlined in clause 2.1 of these Terms;
     • “Fee“: any costs or prices, whether non-recurring or periodic, You are obliged to pay to Hilo for the performance of any Services, as detailed in an Offer;
     • “Offer“: a proposal of Hilo to deliver Products or to perform Services on the terms of these Terms and any additional terms included in the Offer;
     • “Order“: Your request for the delivery of Products or the performance of Services to You as included in an Offer;
     • “Party“: You or Hilo;
     • “Products“: Products offered by Hilo, including hardware;
     • “Services“: The provision of the Software related to the Products;
     • “Software“: Software and SaaS-platforms offered by Hilo, including through its Products and Website;
     • “Terms“: these terms and conditions that are part of the Agreement between You and Hilo;
     • “Website“: the Hilo Website, available at Hilo.com; and
     • “You“/”User”: a party who wishes to utilize or Order Products and/or Services from Hilo.

2. Offers and Agreement
   • If You live in Switzerland or the United Kingdom, these Terms apply between You and:

Hilo

c/o Aktiia SA
Rue du Bassin 8a,
2000
Neuchâtel
Switzerland

If you live in the European Economic Area, these Terms apply between You and:

Hilo

c/o Aktiia B.V.
Koetshuislaan 215
5146 BM Waalwijk
The Netherlands

• All Offers are conditional to You meeting the following conditions:
  • You do not intend to distribute, license, resell, or otherwise use the Products or Services for business or commercial purposes;
  • You must be an individual who is 18 years or older; and
  • You provide the information required by the Offer.
• You acknowledge and agree that any images contained in Offers are indicative and that the Products offered and Services performed may differ from these images.
• You acknowledge and agree that all Offers are non-binding and that an Agreement on the basis of an Offer is only final when Hilo confirms your Order.
• Hilo may refuse to accept an Order at its own discretion, including but not limited to:
  • In relation to a previous dispute regarding payment of Fees for previous Orders;
  • The Products cannot be delivered or the Services cannot be performed, due to lack of stock or unexpected limitation of Hilo’s resources;
  • There was an unmistakable error in the Fees included in the Offer; or
  • Hilo suspects that an Order was not placed in good faith.

3. Prices and payments
   • Unless stated otherwise, the Fees contained in an Offer are localized and displayed in the currency of the country associated with Your location. Fees contained in Offers solely apply at that time.
   • The Fees included in an Offer include all costs associated with the offer and delivery of the Products or the performance of the Services as described in the Offer, including taxes and customs and insurance charges.
   • To pay the Fees included in the Offer, You can solely utilize the methods of payment as included in the Offer.
4. Intellectual Property
   • You acknowledge and agree that all intellectual property rights (such as: copyrights, trademarks, tradenames) vesting in the Products, Services, Website, texts, photographs, images and other (promotional) materials are exclusively owned by Hilo (or are managed by Hilo with permission of the party entitled to such intellectual property rights). You acknowledge and agree that You shall not infringe these intellectual property rights.
5. Privacy
   • The provision of our Products and Services may result in the processing of personal data. Our privacy notice explains how Hilo processes such personal data.
6. Liability and warranty
   • The Products and Services are provided for general information only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Products or Services. Although we make reasonable efforts to update the information provided by the Products and Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. The use of the Products and Services is entirely at your own risk. Guarantees for the Products and Services are only given by Hilo if they are declared in writing (at least in text form) and are expressly designated as a guarantee.
   • You acknowledge and agree that, to the extent permitted by applicable law, Hilo is not liable for any indirect damages, including but not limited to consequential loss, loss of profits, corruption or loss of data or other intangible losses (even if we have been advised of the possibility of such damages).
   • Hilo is not liable for injuries caused by misuse of the Products, failure to follow instructions, or use of the Products with unauthorized accessories.
   • In the event Hilo is liable for damages for any reason, that liability is limited to the Fees actually paid for the Products or Services that resulted in the damages.
   • Nothing in these Terms or any Agreement excludes or limits our liability for damages resulting from personal injury or death caused by our gross negligence, willful misconduct or a defect in the Product, as required by applicable law.
7. Complaints procedure
   • Please contact Hilo through the Website if You have any complaints about the execution of the Agreement.
   • Your complaint will be dealt with as soon as possible, yet at the latest within fourteen (14) days after receipt thereof. Should it take longer to finalize the complaint, a confirmation of your complaint will be sent within fourteen (14) days, to inform You when a substantive response can be expected.
8. Miscellaneous
   • You acknowledge and agree that if Hilo does not enforce parts of the Agreement, this cannot be regarded as a waiver of the right to enforce such obligations at a later stage.
   • The invalidity or unenforceability of any provision of the Agreement shall not affect any other provisions of the Agreement, unless any such provision is inextricably linked to the invalid or unenforceable provision. Any invalid or unenforceable provision shall be replaced or, insofar possible under applicable law, deemed to be replaced, by a valid and enforceable provision which differs as little as possible from the invalid or unenforceable provision and reflects the intent of the invalid or unenforceable provision.
9. Governing law and jurisdiction
   • These Terms and the Agreement, and any matter, claim or dispute arising in connection with it, whether contractual or non-contractual, is governed by the laws of Switzerland. This choice of law does not affect the protection You may have under mandatory law in Your country of residence.

The courts competent for Your place of residence shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement. In addition, You shall be entitled to submit claims also before the courts of Neuchatêl, Switzerland.

Section 2: Sale of Products

This Section 2 only applies to Offers, Orders and Agreements in so far as these relate to the purchase of a Product.

10. Delivery
    • If You pay the Fees in instalments, Hilo retains title to the Product until payment has been made in full, unless otherwise agreed in writing.
    • You acknowledge and agree that Products shall only be delivered to the address specified in the Order and an Order governing multiple Products may be delivered in parts.
    • You acknowledge and agree that the delivery of a Product is subject to the accuracy of information You provide and Your cooperation, including by providing Hilo with additional information necessary for the delivery of a Product.
    • You acknowledge and agree that no rights can be derived from any dates of delivery that have been communicated to You. However, Hilo will make a first attempt to deliver the Product within 30 days unless otherwise specified in the Offer.
    • If Hilo is unable to deliver a Product, Hilo may cancel (parts of) an Order. In such case, any Fees paid for the delivery of Products which could not have been delivered shall be repaid within a reasonable period of time.
    • An Offer may state that a Product can be delivered through ‘express delivery’ as described in this article (Express Delivery). Express Delivery may only be available for certain territories as described in the Offer and may include additional Fees as described in the Offer. Subject to the payment of the Fees associated with the Order, the following applies to all Express Deliveries:
      • Hilo shall process and dispatch all Orders placed before 12pm Central European Time on Mondays through Fridays (excluding national holidays) the same day;
      • All other Orders shall be processed and dispatched by Hilo on the following working day.

11. Return and withdrawal
    • In accordance with applicable laws on distance selling transactions, we offer our customers a right of withdrawal without giving any reason. You have the right to exercise the right of withdrawal within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To comply with the withdrawal period, it is sufficient that You send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
    • To exercise Your right of withdrawal, You must notify us (Hilo c/o Aktiia B.V., Koetshuislaan 215, NL-5146 BM Waalwijk) of Your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may also use the model withdrawal form accessible via the Help Center or FAQ page available on our Website. You can also electronically complete and submit another clear statement to us. If you make use of this option, we will immediately send You a confirmation of receipt of such a withdrawal (e.g., by email).
    • You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that You have cancelled this contract. This deadline is met if You send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties, and functioning.
    • Hilo is only obliged to accept the return of a Product if:
      • You notify us of Your wish to return a Product during the fourteen (14) days following the delivery of a Product;
      • You have handled the Product and packaging with care;
      • You have only unpacked the Product and used it as necessary to determine whether You want to keep the Product, in a manner that would be appropriate in a store;
      • You have not broken any seal on the Product’s packaging (our Product is a Medical Device which cannot be returned for health or hygiene reasons if the seal has been broken, in accordance with applicable laws); and
      • You follow the instructions for the return of a Product as communicated by Hilo in this article 11.
    • You acknowledge and agree that You are responsible for the shipping and return costs of the Product. In order to facilitate the return Process, Hilo may provide You with a pre-filled return label, and a deduction amounting to the costs of return will be applied to your refund to cover such costs.
    • If You withdraw from the contract, we will refund all payments we have received from You, including delivery costs (with the exception of additional costs resulting from Your choice of a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of Your withdrawal from this contract. For this refund, we will use the same means of payment that You used for the original transaction, unless expressly agreed otherwise with You; under no circumstances will You be charged any fees for this refund. We may refuse repayment until we have received the goods back or until You have provided proof that You have returned the goods, whichever is earlier.
    • Refusal of delivery or the return of a good without a declaration of withdrawal does not suffice to express your wish to withdraw.
12. Non-conformity
    • In so far as required under applicable law, Hilo shall – at no charge to You – repair and/or replace any parts of the Product that do not adhere to Your reasonable expectations of the Product based on the Agreement during two (2) years starting from the date of the delivery of the Product
    • Article 1 does not apply to, and Hilo is not liable for:
      • damage resulting from an accident, flood, fire, misuse, abuse, or ordinary wear and tear, including scratches and dents;
      • consumable (‘wear and tear’) parts included in the Product, such as batteries, straps, unless the damage is the result of a defect in the material or workmanship;
      • damage that occurs when You do not use the Product in accordance with the instructions accompanying the Product or available on the Website;
      • damage resulting from negligence, modifications, attempted repair via unauthorised party, improper storage or transport;
      • damage resulting from third party services, from tampering with the Product or alterations made to the Product without authorization of Hilo; or
      • use of the Product with any application or software not developed or endorsed by Hilo.
    • You acknowledge and agree that – when article 1 applies – You may choose to have the Product repaired or replaced. Hilo may choose to refuse to repair and/or replace the Product if performing such action would be impossible or would impose disproportionate costs or efforts on Hilo.
    • If Hilo refuses or is unable to both repair and replace the Product, You shall be entitled to a (partial) repayment of the Fees as determined by Hilo or, if the issue with the Product is major, You may instead choose to terminate the Agreement in so far as it concerns the sale of the Product.
    • You acknowledge and agree that your personal entitlement to the warranty in article 12.1 must be evidenced by You, e.g. by the original invoice for the purchase of the Product in question, as issued by Hilo.
    • Any valid warranty on a Product is passed on to potential buyers of second-hand devices, upon presentation of the original invoice evidencing the date of initial purchase.
    • If You wish to utilize the warranty in article 1, You shall contact Hilo’s Customer Support Team through the Help Center / FAQ page available on the Website.
    • You acknowledge and agree to follow all reasonable instructions by Hilo in relation to Your appeal on the warranty, including shipping the Product.
    • You acknowledge and agree that Hilo shall only return or replace Products provided under the warranty to countries where the Product can be purchased from. If a return is required, Hilo will provide you a free of charge return shipping label to be used to return the item. Only items shipped utilizing the provided label will be accepted. Please do not ship your item to any other address or utilizing any other method than as instructed by Hilo. Once the Product has been received, it will be inspected to determine if it meets the conditions set out in this section 12. If the warranty conditions are met, we will either repair or replace the defective Product. Product warranty as well as Product Support is only applicable and effective in the territories where Hilo’s Products are or have been commercialized. Replacement Products may only be shipped to countries where the Product is marketed
    • You acknowledge and agree that the original warranty period as detailed in article 1 continues to apply for any Product that Hilo replaces, without granting any extension of the warranty period, to the extent permitted by applicable law.

 

Section 3: Provision of Software

This Section 3 only applies to Offers, Orders, and Agreements in so far as these relate to the provision of our Software.

13. License
    • Subject to Your compliance with the Agreement governing the provision of the Software, Hilo grants You a non-exclusive, non-transferable, non-assignable, revocable and limited, non-sublicensable license to the Software for Your personal use. Except as stipulated otherwise in these Terms, You are expressly prohibited from utilizing the Software on behalf or for the benefit of any third party. Hilo and/or our licensors reserve all rights on any Software provided.
    • Unless allowed by applicable law, You may not:
      • copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Software;
      • access or attempt to access the source code of the Software, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or their infrastructure;
      • introduce or attempt to introduce Trojan horses, time bombs or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information;
      • access or use the Website, the Mobile Application or the Services for the purpose of building a competitive Product or service or copying its features or user interface; or
      • provide access to the Software to third parties.
    • The Software may allow You to upload, publish or transmit content manually, such as log information, survey data, notes, sleeping schedule and medication (“User Content“). Hilo may use Your User Consent to the extent required to provide, monitor and improve the Products and Services. Provided Hilo makes reasonable effort to anonymise the User Content, Hilo reserves the right to use Your User Content for scientific publications, to generate recommendations that are useful to other users, for developing and marketing existing and new Products and Services and for statistical analysis; to this end, You hereby grant Hilo a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, to use Your User Content for those purposes. Hilo reserves the right to adjust, refuse or remove any User Content at its sole discretion.
14. Provision of the Software
    • You acknowledge and agree that You are responsible for procuring and maintaining (at Your expenses) any equipment and software required to access the Software.
    • You acknowledge and agree that certain features of the Software are only available through a personal account which is associated with Your personal login credentials (an “Account“). You acknowledge and agree that You are responsible for the confidentiality of Your Account.
    • You acknowledge and agree that You are fully liable for any losses and/or damages that Hilo may incur from Your use of the Software, unless you are not responsible for the losses and/or damages.
    • You represent and warrant that your use of the Software and that your User Content, shall not:
      • infringe, or cause a third party to infringe, any applicable law or regulation;
      • infringe any intellectual property right, or other proprietary rights or right of publicity or privacy;
      • be unlawful;
      • include any false, incomplete or inaccurate information about yourself, or any information about any other individual, company or other legal entity, or be defamatory or trade libelous;
      • be obscene or contain pornography; or
      • be improper or include obscene language.
    • Hilo may, in accordance with the statutory provisions, temporarily or permanently refuse, suspend, cancel or terminate your Account, any information relating in addition to that, and/or Your access and/or use to all or part of the Software if You are in breach of the Agreement.
15. Software necessary to Products
    • Hilo shall update Software that is necessary for a Product to perform the functions that you may reasonably expect a Product to have under the Agreement in order for the Product to be able to continue to perform those functions during the period that article 1 applies. Such updates include updates that concern the security of the Software.
16. Features and Subscription
    • Hilo offers certain features free of charge, while others are available exclusively to its premium Users, as outlined as follows:
      • Free features. Hilo provides all Users with access to certain features of Services at no cost. The specific features designated as Free features are determined solely at Hilo’s discretion and are subject to modification or discontinuation at any time without prior notice.
      • Premium features. Hilo offers premium Users enhanced tools and expanded access to features designed to provide deeper insights into blood pressure data. The features classified as Premium Features are determined exclusively by Hilo and may be modified or discontinued at Hilo’s discretion without prior notice.
    • Premium features are offered through the periodic payment of Fees as part of a subscription to our Services (“Subscription”). Subscription terms and details are displayed at the time of purchase of the Services.
    • If the provision of Services is conditional on a Subscription, the initial term of the Agreement shall lie between one month and one year, depending on the type of Subscription. You may terminate the Agreement with a notice period of one month to the end of the initial term. Following the initial term, the Agreement shall be tacitly extended by a specific period, depending on the Subscription type. After such extension, You may terminate the Agreement. Such termination will be effective at the end of the active Subscription term.
    • If a free trial is offered, the trial will transition to a paid Subscription at the end of the trial period unless canceled by the User before the trial ends. The specific terms of the trial, including its duration, will be displayed during activation.
    • Hilo shall charge such Fees monthly or annually, depending on the Subscription type.
    • Users are responsible for managing their Subscriptions, including cancellations and updates to billing information. Subscription management is conducted through the respective platform (Apple or Google) where the purchase was made.
    • Hilo may rescind the provision of the Software if You do not pay the associated Periodic Fees in a timely manner, meaning within 30 days following the charging thereof by Hilo.

 

 

Section 4: Country-specific deviations

If You live in the Netherlands, the following deviations to the Terms apply.

Clause	Deviation
16.3	Following the initial term, the User may terminate the Agreement at any time with a notice period of one month.

 

If You live in the UK, the following deviations to the Terms apply.

Clause	Deviation
16.3	Insert the following wording after the first sentence: “If you wish to cancel your Subscription, you may do so immediately, provided that You notify us of Your wish to cancel within 14-days of purchase (the “cooling-off period”). Hilo shall refund You for the Subscription through the same payment method that You used for the original transaction within 14 days after accepting the cancellation.”
(New) Section 4: Use of the App	Section 4: Use of the App This Section 4 only applies to the use of our mobile app (the “App”). 1.                  17. [App store name]’s terms also apply 1.1               17.1 The ways in which you can use the App and Documentation may also be controlled by the [APPSTORE’S NAME]’s rules and policies [LINK TO RULES AND POLICIES] [and [APPSTORE’S NAME]’s rules and policies will apply instead of these terms where there are differences between the two]. 2.                  18. Operating system requirements 2.1               18.1 This App requires a [TYPE OF MOBILE PHONE OR HANDHELD DEVICE] device with a minimum of [AMOUNT OF MEMORY] of memory and the [TYPE OF OPERATING SYSTEM] operating system [VERSION OF OPERATING SYSTEM] . [INSERT OTHER REQUIREMENTS]. 3.                  19. How you may use the App, including how many devices you may use it on 3.1               19.1 In return for your agreeing to comply with these terms you may: 19.1.1 download or stream a copy of the App onto [NUMBER AND DESCRIPTION OF MOBILE TELEPHONE OR HANDHELD DEVICES ONTO WHICH APP MAY BE DOWNLOADED] and view, use and display the App and the Service on such devices for your personal purposes only. [In addition you may share the App and the Service in accordance with the rules set out in [LINK TO APPSTORE RULES ON FAMILY SHARING]]. 19.1.2 receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you. 4.                  20. Check that the App and the Services are suitable for you. 4.1               20.1 The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site and in the Documentation) meet your requirements.

 

 

 

If You live in Germany, the following deviations to the Terms apply.

Clause	Deviation
6.3	The following exclusions and limitations of liability apply to Hilo’s liability for damages, irrespective of the legal grounds and notwithstanding the other statutory requirements for claims. 6.3.1 Hilo is liable for intent or gross negligence. Hilo shall only be liable for simple negligence in the event of a breach of an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (so-called cardinal obligation). Otherwise, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded. 6.3.2 Insofar as Hilo is liable for simple negligence in accordance with Article 6.3.1 Hilo’s liability shall be limited to the damage that Hilo could typically expect to occur according to the circumstances known at the time the contract was concluded. 6.3.3 Hilo shall not be liable for the loss of data insofar as the damage is due to the fact that You have failed to carry out data backups to ensure that lost data can be restored with reasonable effort. 6.3.4 Insofar as Hilo provides features free of charge or free trials, its liability shall be limited to diligence in its own affairs pursuant to Section 277 of the German Civil Code (BGB); Section 516a Para 1 of the German Civil Code (BGB) shall remain unaffected hereby.
6.4	The above exclusions and limitations of liability shall not apply if Hilo has assumed a guarantee for the quality of the Products or Services, nor for damages that are to be compensated under the German Product Liability Act (ProdHaftG), nor for damages to life, body or health.
6.5	The above exclusions and limitations of liability shall also apply in favour of Hilo’s employees, vicarious agents and other third parties whose services Akita uses to fulfil the contract.
10.4	Delivery is made within the delivery period specified for the respective Product.
10.5	In the event of non-availability of the ordered Products for which Hilo is not responsible due to late or incorrect delivery (including delivery of short quantities) by Hilo’s (upstream) supplier despite a delivery contract concluded by Hilo with the (upstream) supplier for the ordered Products, Hilo reserves the right not to deliver. In this case, Hilo undertakes to inform You immediately of the non-availability of the ordered Products and to refund any consideration (payments) already received from You without undue delay.
12.4	Subject to the statutory requirements, You shall be entitled to reduce the purchase price or withdraw from the contract. For claims for damages due to a defect in the Products, the provisions specified in Article 6 shall apply in addition to the statutory requirements.
12.10	Article 12.10 does not apply.
16.3	If the provision of Services is conditional on a Subscription, the initial term of the Agreement shall lie between one month and one year, depending on the type of Subscription. You may terminate the Agreement with a notice period of one month to the end of the initial term. Following the initial term, the Agreement shall be tacitly extended for an indefinite period, and you may then terminate the Agreement at any time with a notice period of one month.