Terms of service
1. General
1.1. Welcome to Hilo, your blood pressure companion. The following provisions describe the terms and conditions applicable to your use of hilo.com (the “Site”), Hilo Band, Hilo Cuff and/or other electronic accessories (collectively referred to as the “Products”), including the Hilo application and subscription (collectively referred to as the “Services”). They contain important information about the Products, Services, fees and charges, future changes to these Terms, subscription renewals where applicable, and your legal rights and obligations. Please read them carefully.
1.2. “Hilo”: Hilo is a trademark owned by Aktiia SA, a company with limited liability, incorporated under the laws of Switzerland. 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 and Aktiia Australia Pty. a company with limited liability, incorporated under the laws of Australia,. The specific legal entity you are contracting with depends on your country of residence, as outlined below.
1.3. By purchasing, accessing, or using any of the Hilo Products and Services, Apps or Websites, you acknowledge that you have read and understood these Terms & Conditions and agree to be bound by them, together with the Privacy Policy, Return Policy and any additional terms, policies, or conditions that apply to specific Services, Products, Offers, or Orders. If you do not agree to these Terms, you must not access or use the Hilo Products or Services. These Terms apply whether you purchase Products or Services directly from Hilo or through an Authorized Reseller. They also apply whether access to the Services is paid, included with a Product, provided through a promotion, or made available free of charge, including during any free trial period, unless expressly stated otherwise.
1.4. These Terms form the entire agreement between you and Hilo. If there is any conflict between these Terms and the terms of an accepted Offer or Order, the terms of the accepted Offer or Order will prevail to the extent of that conflict.
2. Definitions
2.1. In these Terms, the following capitalized terms have the meanings set out below. Other capitalized terms may be defined elsewhere in these Terms.
- “Agreement” means the agreement between you and Hilo governing your purchase, access to, and use of the Services, consisting of these Terms, any accepted Order, any applicable Offer, and any documents or terms expressly incorporated by reference.
- “Subscription” means the recurring subscription that gives you access to the Hilo Services for the applicable Subscription Term.
- “Authorized Reseller” means an authorized third-party reseller or authorized third-party marketplace through which you may purchase a Product or subscription relating to the Services.
- “Fee” means any amount payable by you to Hilo for Products or Services, whether charged on a one-time, recurring, subscription, or other basis, as specified in an applicable Offer, Order, or checkout flow.
- “Hilo”, “we”, “us”, and “our” mean the Hilo brand and the applicable Aktiia entity contracting with you under these Terms, as determined by your country of residence.
- “Hilo App” means the Hilo mobile application, software, and any related software-as-a-service, digital platform, or interface made available by Hilo for accessing or using the Services.
- “Offer” means any Offer, proposal, product listing, checkout page, plan description, or other communication by which Hilo offers Products or Services on specified terms.
- “Order” means your request, submission, or purchase to obtain Products or Services from Hilo under an applicable Offer.
- “Paid Services” means any Products or Services made available by Hilo for a fee, including one-time purchases, Subscriptions, pre-orders, and any other paid features, functionality, content, or offerings. Hilo may determine, at its discretion, which Products, Services, or features are offered as Paid Services.
- “Party” means either you or Hilo, and “Parties” means both you and Hilo together.
- “Products” means the Hilo Band, Hilo Cuff, and any other physical products, devices, chargers, accessories, or related hardware made available by Hilo.
- “Services” means the Site, the Hilo App, the Products to the extent connected to digital functionality, and any related software, subscriptions, digital content, support, features, functionality, and other services made available by Hilo.
- “Site” means the Hilo website located at www.hilo.com and any related webpages or online properties operated by or for Hilo.
- “Subscription Term” means the period covered by an active Hilo Subscription, which renews automatically unless cancelled in accordance with these Terms or applicable law.
- “Terms” means these Terms & Conditions, as amended from time to time.
- “User Content” means any content, information, materials, feedback, suggestions, messages, images, reviews, profile information, or other materials that you submit, upload, post, store, transmit, or otherwise make available through the Services.
- “You” and “your” mean the individual consumer who accesses, purchases, or uses the Services. If you create an account or use the Services on behalf of a company, organization, or other legal entity, references to “you” include both you and that legal entity, and you represent and warrant that you are authorized to bind that legal entity to this Agreement.
2.2. 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:
3. Contracting Entities & Contact
3.1. The Hilo entity entering into this Agreement with you depends on your country of residence.
- If you live in Switzerland, UK or Canada, these Terms apply between you and: Hilo, c/o Aktiia SA, Rue du Bassin 8a, 2000 Neuchâtel, Switzerland, trade register number CH-645-4117746-3.
- If you live in the European Union, these Terms apply between you and: Hilo, c/o Aktiia B.V., Koetshuislaan 215, 5146 BM Waalwijk, The Netherlands, trade register number 82016194.
- If you live in Australia, these Terms apply between you and: Hilo, c/o Aktiia Australia Pty Ltd, Level 18, 347 Kent Street, Sydney NSW 2000, Australia, Australian Company Number (ACN) 684 780 667.
3.2. If your country of residence is not listed above, the applicable Hilo contracting entity may be identified in the relevant Offer, checkout flow, Order confirmation, invoice, or other transaction document.
3.3. The Hilo customer support team is available to answer questions regarding Products and Services, available through the “Contact Us” section on Hilo’s website.
4. Access and Use of Hilo Products & Services
4.1. General
4.1.1. Hilo Products and Services may be purchased through the webshop available on our website.
4.1.2. To place an order, the customer selects the desired product and subscription, adds it to the shopping cart, and completes the electronic ordering process. Before submitting the order, the customer may review and correct the entered information at any time. By submitting the order, the customer confirms acceptance of these Terms and Conditions. By clicking the order button, the customer makes a binding offer to purchase the selected product(s). Receipt of the order is confirmed by an automatic email. Such confirmation of receipt does not constitute acceptance of the offer. The sales contract is concluded only upon our express acceptance of the order, in particular by sending an order confirmation, shipping confirmation, or by dispatching the ordered product.
4.1.3. Hilo products may also be purchased through other Authorised Resellers (e.g. Amazon). In such cases, the contract of sale is concluded with the respective seller under that seller’s applicable terms and conditions, unless expressly stated otherwise. For purchases made through Authorised Resellers, matters relating to payment, shipping, returns, cancellations, and customer service are generally governed by the terms of the relevant third party.
4.1.4. Use of the Hilo Products and related Services requires the creation and maintenance of a user account. An account is necessary to activate the product, access the Hilo App, and manage any subscription. Without an account and an active subscription, the product may not function.
4.2. Hilo Services
4.2.1. When you purchase the Services, your purchase may include both: (a) Hilo Product(s); and (b) an Hilo subscription (the “Subscription”), which provides access to the Hilo App and any subscription-based features of the Services during the applicable Subscription Term. The specific features, functionality, and service elements included in your Subscription will be identified in the applicable Offer, checkout flow, or Order confirmation.
4.2.2. Subject to your compliance with these Terms, Hilo grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable licence to access and use the Hilo App for your personal, non-commercial use solely in connection with the Products and Services. Except as expressly permitted by these Terms or applicable law, you may not use the Hilo App on behalf of, or for the benefit of, any third party. Hilo and its licensors reserve all rights not expressly granted to you.
4.2.3. The Services may include the Site, the Hilo App, device-connected functionality, data displays, analytics, insights, notifications, educational content, support, and other digital features or services made available by Hilo from time to time. Hilo may modify, update, enhance, limit, suspend, or discontinue any part of the Services in accordance with these Terms.
4.2.4. Unless otherwise stated in the applicable Offer, the Subscription has an initial term of twelve (12) months (the “Subscription Term”). Unless cancelled in accordance with these Terms and subject to applicable law, the Subscription will automatically renew for successive renewal periods equal to the initial Subscription Term. The applicable Fees, billing intervals, renewal terms, and subscription details will be presented to you at the time of purchase and form part of your Agreement with Hilo.
4.2.5. By purchasing a Subscription with recurring billing, you authorise Hilo, or the applicable payment provider or app store, to charge your selected payment method for the initial Subscription Fee and each renewal Fee unless and until the Subscription is cancelled in accordance with these Terms.
4.2.6. Hilo may from time to time offer free trials, discounted offers, promotional pricing, or credits. The duration, scope, eligibility criteria, billing terms, and any other conditions of a free trial, promotion, or credit will be set out in the applicable Offer. Unless otherwise stated in the applicable Offer, a free trial will automatically convert into a paid Subscription at the end of the trial period, and the applicable Fees will be charged to your selected payment method unless you cancel before the trial ends. Hilo will inform you of the applicable Fees, billing terms, and any material conditions before the free trial begins. Discounts, credits, and promotions are personal, may be subject to additional conditions, and may not be combined unless Hilo expressly states otherwise. The grant of any free trial, discount, credit, refund, or other benefit is made on a discretionary basis and does not create any right or legitimate expectation that Hilo will offer the same or a similar benefit again. If you do not activate or use the Services during a free trial, or if your account remains inactive for an extended period, Hilo may terminate the trial or the related Subscription in accordance with these Terms and applicable law. In such case, any refund will be limited to the extent required under the applicable Offer or mandatory law.
4.2.7. Hilo may change Subscription Fees, billing terms, or Subscription plans from time to time to the extent permitted by applicable law. Where required, Hilo will provide prior notice of such changes. If you do not agree to a notified change, you may cancel your Subscription before the change takes effect.
4.2.8. If payment for a Subscription cannot be successfully processed, Hilo may suspend or terminate access to the Subscription-based Services until payment is received.
4.3. Products
4.3.1. This Section applies to offers, Orders, and agreements to the extent they relate to the purchase, delivery, or use of Hilo products, including the Hilo Band and any related accessories, chargers, or other physical goods made available by Hilo (the “Products”).
4.3.2. The Products included in your purchase will be identified in the applicable Offer, checkout flow, or Order confirmation. Your Order constitutes an Offer to purchase the Products on the terms presented at the time of purchase. No contract for the sale of Products is formed until Hilo accepts your Order.
4.3.3. Products will be delivered to the delivery address specified in your Order. You are responsible for ensuring that all delivery information you provide is accurate, complete, and up to date. You must also provide any additional information reasonably requested by Hilo to enable delivery. If an Order includes multiple Products, Hilo may deliver them in separate shipments.
4.3.4. Any delivery dates or timeframes communicated by Hilo are estimates only, unless expressly stated otherwise in the applicable Offer. Delivery of a Product depends on the accuracy of the information you provide and your cooperation in the delivery process. No rights may be derived from any estimated delivery date or timeframe. Unless otherwise specified in the applicable Offer, Hilo will make a first delivery attempt within thirty (30) days after conclusion of the contract.
4.3.5. If a parcel cannot be delivered because the delivery information provided by you is incorrect or incomplete, the parcel is unclaimed, or delivery otherwise fails due to circumstances attributable to you, Hilo may cancel the relevant Order. In such case, Hilo may refund any Fees paid for the affected Products, less any non-refundable costs actually incurred by Hilo, to the extent permitted by applicable law.
4.3.6. If Hilo is unable to deliver or supply a Product, Hilo may cancel the affected part of the Order or the entire Order. In that case, Hilo will refund any Fees paid for the affected Product(s) which may take up to 45 days.
4.3.7. If expressly stated in the applicable Offer, certain Products may be eligible for expedited or express delivery which may only be available in certain territories and may be subject to additional Fees and conditions as described in the applicable Offer.
4.3.8. Delivery timelines, dispatch estimates, shipping methods, and any related charges are as described during the Order process, in the applicable Offer, or on the website. Any processing, dispatch, shipment, or delivery timeframes are indicative only, do not form part of the contractual performance obligation, and are not guaranteed unless expressly stated otherwise by Hilo in writing. Delays may occur, including due to carrier, supplier, logistics, customs, stock availability, payment verification, technical issues, force majeure, pre-orders, or other circumstances beyond Hilo’s reasonable control. Hilo may engage third-party providers for processing, fulfillment, and delivery, and, to the extent permitted by applicable law, Hilo shall not be liable for delays, failed deliveries, or other delivery-related issues caused by such third parties or other circumstances outside Hilo’s reasonable control. Refused, undeliverable, or unclaimed deliveries may be returned to Hilo or its fulfillment partners, and any refund, replacement, or re-shipment will be handled in accordance with these Terms, the applicable Offer, and applicable law.
4.3.9. If Hilo permits payment by instalments or deferred payment, title to the Products shall remain with Hilo until all applicable Fees for those Products have been paid in full, unless otherwise agreed in writing.
4.4. Hilo may make certain Products available for pre-order before they are in stock or ready for shipment. By placing a pre-order, you submit an Order for a Product that is intended to be manufactured, stocked, or fulfilled at a later date. If permitted by applicable law and stated at checkout, Hilo may charge the amount shown at checkout at the time the pre-order is placed, or at such other time as disclosed during the purchase process. Any shipping, dispatch, or availability dates communicated for pre-ordered Products are estimates only, are provided for information purposes, and are not guaranteed. Actual delivery times for pre-ordered Products may vary for reasons including production schedules, supply constraints, manufacturing delays, logistics disruptions, and payment processing. Hilo does not guarantee any specific shipping, dispatch, or delivery date for pre-ordered Products unless expressly stated otherwise in the applicable Offer.
4.5. Customers who previously purchased a Hilo product without a subscription may, at our discretion, be offered an individual transition plan to a subscription for additional services or features.
4.6. Offers, Product Information, and Order Acceptance
4.6.1. Any images, descriptions, illustrations, specifications, or other materials shown in Offers, listings, or the Services are for illustrative purposes only. Actual Products and Services may vary.
4.6.2. All Offers are non-binding, subject to availability, and subject to confirmation by Hilo. No contract is formed unless and until Hilo expressly confirms your Order.
4.6.3. Hilo may refuse, reject, or cancel any Order where reasonably necessary, including if:
· there has been a previous dispute relating to payment for an earlier Order;
· the relevant Product cannot be supplied or the relevant Service cannot be provided due to stock#
· shortages, operational constraints, or other unexpected limitations;
· an Offer contains an obvious pricing, description, or other manifest error; or
· Hilo reasonably suspects that the Order was not placed in good faith.
5. Eligibility; Customer Responsibilities; Account Security; Prohibited Actions
5.1. Eligibility and Consumer Use
5.1.1. The Services and Products are made available only to consumers for personal, non-commercial use. You are responsible for your use of the Services and for ensuring that your use complies with these Terms and all applicable laws.
5.1.2. By accessing or using the Services, creating an account, or placing an Order, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement under applicable law.
5.2. Customer Responsibilities
5.2.1. You must provide, maintain, and promptly update accurate, complete, and current account, contact, billing, payment, and other information requested by Hilo.
5.2.2. Certain features of the Services or Hilo App may require compatible devices, software, internet access, or third-party services. You are solely responsible, at your own expense, for obtaining and maintaining all such requirements (incuding securing your own compatible device) and for paying any fees charged by your providers.
5.2.3. You are responsible for your use of the Services, Products, and Hilo App, and for all activities conducted through your account, except to the extent caused by Hilo.
5.2.4. You further agree that Hilo shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the Services, including any failure to provide adequate security or backup devices or services.
5.3. Accounts Security, Compatibility, and Updates
5.3.1. Certain features of the Services or Hilo App may require you to create and maintain an account. If you create an account, you must:
· provide accurate, complete, and current information and keep it updated.
· keep your login credentials secure and confidential.
· not share your account or allow any other person to access or use it; and
· not use another person’s account or registration information without permission.
5.3.2. You may not select or use a username that:
· impersonates another person.
· infringes the rights of another person without appropriate authorization; or
· is obscene, hateful, racially or ethnically offensive, or otherwise inappropriate.
5.3.3. You must notify Hilo without undue delay if you become aware of:
· any unauthorized access to or use of your account.
· any loss, theft, or compromise of your login credentials; or
· any actual or suspected security incident affecting the Services or Hilo App.
5.3.4. Hilo may from time to time deploy updates, patches, bug fixes, upgrades, or other modifications to the Hilo App or Services for security, maintenance, compatibility, compliance, operational, or performance reasons. Where technically feasible, such updates may be installed automatically.
5.3.5. Certain features or Services may not operate properly unless you install and use the most current version of the Hilo App. Hilo may also provide updates that are necessary for the continued provision, security, or proper functioning of the Services and Hilo App.
5.4. Prohibited Actions
5.4.1. Unless expressly permitted by these Terms, by Hilo in writing, or by applicable law, you must not, and must not permit any third party to:
· use the Services, Products, or Hilo App in any unlawful manner or in violation of these Terms;
· copy, reproduce, modify, adapt, translate, republish, distribute, display, sell, lease, sublicense, or create derivative works from any part of the Services, Products, Hilo App, software, or content;
· access, purchase, or use the Services or Products for resale, redistribution, commercial exploitation, or any business purpose, unless Hilo has expressly agreed otherwise in writing;
· reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, or organization of the Hilo App or any software or technology used in the Services, except to the extent such restriction is prohibited by applicable law;
· crawl, scrape, mirror, frame, harvest, or otherwise extract data from the Services or Hilo App by automated or systematic means;
· use bots, scripts, crawlers, scrapers, or other automated means to access or interact with the Services, except as expressly authorized by Hilo in writing;
· interfere with, disrupt, damage, disable, overburden, or impair the Services or any related systems, networks, infrastructure, or security features;
· upload, transmit, introduce, or distribute any virus, worm, Trojan horse, malware, malicious code, or other harmful material into the Services, the Hilo App, or related systems;
· probe, scan, test, exploit, or attempt to exploit any vulnerability in the Services or Hilo’s systems, including through unauthorized access, automated extraction, injection attacks, or similar activities;
· circumvent or attempt to circumvent any authentication measures, access controls, technical restrictions, limitations, or security mechanisms;
· use the Services or Hilo App to develop, build, benchmark, support, or assist any competing product or service;
· provide access to the Services, Products, or Hilo App to any third party except as expressly authorized by Hilo;
· use the Services in any manner that infringes, misappropriates, or otherwise violates the rights of Hilo or any third party, including intellectual property, privacy, publicity, confidentiality, trademark, or database rights;
· collect, process, or use personal data of other users without a lawful basis or proper authorization;
· use any Product with unauthorized third-party software, applications, accessories, or services where such use is prohibited by Hilo’s instructions or may impair safety, functionality, or legal compliance;
· directly or indirectly export, re-export, transfer, or otherwise make available the Services, Products, related software, or technical information in violation of applicable export control, trade, or sanctions laws; or
· misuse any content, output, recommendations, or information made available through the Services, including by presenting it as professional, medical, legal, or other regulated advice where it is not intended as such.
6. Changes to Terms, Products, Services and Fees
6.1. Hilo is continuously developing and improving its Products and Services. As a result, Hilo may need to update the Products, Services, these Terms, or the fees from time to time at its sole discretion. This Section explains when Hilo may make those changes, how Hilo will communicate them, and what rights you may have if a change materially affects you.
6.2. Changes to the Products & Services
6.2.1. Hilo may modify, update, suspend, discontinue, or otherwise change the Products and Services, in whole or in part, from time to time. This may include changes made to:
· comply with applicable law;
· address security, integrity, abuse-prevention, or technical issues;
· maintain, improve, repair, or enhance functionality or performance;
· reflect operational changes; or
· introduce, modify, or remove features or functionality.
6.2.2. Where technically feasible, Hilo may also deploy updates, patches, bug fixes, or upgrades automatically, including for security, maintenance, compatibility, or performance purposes.
6.2.3. Hilo also reserves the right to determine, in its discretion, which Services, features, or portions of the Services are made available free of charge and which require payment.
6.3. Changes to Terms
6.3.1. Hilo may amend these Terms from time to time. Unless otherwise stated, any changes to these Terms will become effective when posted through the Services or otherwise communicated to you.
6.4. Changes to Fees
6.4.1. Hilo may change the fees for Paid Services from time to time.
6.4.2. If Hilo changes the fee for an ongoing subscription or other recurring Paid Service, Hilo will provide prior notice where required by applicable law. Unless otherwise stated in that notice, the new fee will apply at the start of the next renewal term following the notice period.
6.4.3. If you do not agree to the new fee, you may cancel the affected Paid Service before the renewal takes effect.
6.5. Effect of Changes; Termination and Refund Rights
6.5.1. To the maximum extent permitted by applicable law, a modification, update, suspension, or discontinuation of the Services, Terms, or fees will not give rise to any refund, compensation, or termination right unless the relevant change has a material and more than minor adverse effect on your access to or use of an affected Paid Service.
6.5.2. If a change to an affected Service has a material and more than minor adverse effect on your access to or use of that Service, Hilo will provide notice where required by applicable law. In that case, you may terminate the affected Paid Service by notifying Hilo within 30 days after the change is communicated to you or takes effect, whichever is later.
6.5.3. Upon such termination, Hilo will refund any prepaid fees allocable to the unused portion of the then-current term of the affected Service, to the extent required by applicable law.
6.6. No Termination or Refund Right in Certain Cases
6.6.1. For the avoidance of doubt, except where mandatory law provides otherwise, you will not be entitled to terminate, receive a refund, or claim compensation where the relevant change:
· is required by law;
· is necessary to prevent security or abuse risks;
· relates to a free Service; or
· has only a minor impact on your use of the Products or Services.
7. Non-Conformity; Skin Compatibility; Contra-indications; Complaints
7.1. If you have a complaint regarding the Products, Services, or performance of the contract or if you wish to utilize a warranty claim, please contact Hilo’s Customer Support Team through the “Contact Us” section on Hilo’s website. Hilo will review requests as soon as reasonably possible. Hilo aims to acknowledge complaints and claims within fourteen days of receipt and, if a full response cannot be provided within that time, to inform you when a substantive response can be expected.
7.2. Some users may experience skin irritation, redness, itching, pressure marks, allergic reactions, or other discomfort when wearing a Hilo device. This may result from prolonged contact, moisture, sweat, soap or sanitizer residue, friction, skin sensitivity, allergens, improper fit, or inadequate cleaning. You should wear the device as instructed, keep it clean and dry, periodically adjust its position, and regularly inspect the skin beneath it. If redness, swelling, itching, pain, or other irritation occurs at or near the area where the Product contacts your skin, remove the Product immediately and allow the area to recover. If symptoms persist, recur, or worsen, you should consult a qualified medical professional before resuming use. Continued use despite irritation may aggravate symptoms.
7.3. The Product includes an Instructions for Use (IFU) and labeling that identify contraindications for use. You should review these carefully before using the Product. If, upon reviewing the IFU or labeling, you determine that you are contraindicated for use of the Product, you should not use it and should contact Hilo's Customer Support Team to discuss return options. Hilo will review such requests in accordance with its Return Policy and applicable consumer protection law. Nothing in this section limits any statutory rights you may have under applicable law.
7.4. The Services may from time to time be temporarily unavailable, inaccessible, or inoperable for reasons including equipment malfunctions, maintenance, repairs, updates, or causes beyond Hilo’s reasonable control. Hilo may carry out maintenance, repairs, updates, or other technical work, with or without notice where permitted by applicable law. Hilo will use reasonable efforts to minimize disruption where reasonably practicable.
7.5. Nothing in these Terms limits or excludes any mandatory statutory rights you may have as a consumer under applicable law if a Product or Service is defective, non-conforming, not supplied as agreed, or otherwise fails to meet the legal or contractual requirements applicable to it.
7.6. 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 (or longer, if required by local regulations) starting from the date of the delivery of the Product
7.7. Section 7.5 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 unauthorized 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.
7.8. You acknowledge and agree that – when section 7.5 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.
7.9. 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.
7.10. You acknowledge and agree that your personal entitlement to the warranty in section 7.5 must be evidenced by You, e.g. by the original invoice for the purchase of the Product in question, as issued by Hilo.
7.11. 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.
7.12. You acknowledge and agree to follow all reasonable instructions by Hilo in relation to Your appeal on the warranty, including shipping the Product.
7.13. 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.
7.14. If a return is required, If return, inspection, repair, or replacement is required, Hilo proceeds according to the Hilo Return Policy. If Hilo confirms a valid non-conformity claim, Hilo will bear the return costs to the extent required by applicable law or as otherwise stated by Hilo. 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. If the warranty conditions are met, Hilo will either repair or replace the defective Product. Any replacement Product may be new or refurbished, unless applicable law requires otherwise.
7.15. 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.
7.16. You acknowledge and agree that the original warranty period as detailed in section 7.5 continues to apply for any Product that Hilo replaces, without granting any extension of the warranty period, to the extent permitted by applicable law.
8. Termination and Suspension
8.1. Suspension or Restriction of the Services
8.1.1. Hilo may suspend, restrict, or deactivate your access to all or part of the Services if reasonably necessary, including where:
· you breach these Terms or applicable law;
· you fail to pay any applicable Fees when due;
· your use of the Services creates security, legal, operational, or integrity risks for Hilo, other users, or third parties;
· Hilo is required to do so by law or by a court, regulator, or other competent authority;
· the Services or Products are being used for resale, misuse, fraud, or any unauthorized purpose; or
· Hilo needs to prevent illegal, abusive, fraudulent, or harmful activity or address security issues affecting the Services.
8.1.2. Where reasonably practicable, and except where immediate action is necessary for legal, security, fraud-prevention, or abuse-prevention reasons, Hilo will use reasonable efforts to provide prior notice before a suspension or restriction takes effect.
8.1.3. During any period of suspension or restriction, some features or functionality may be unavailable, and access to certain data, content, or account features may be limited.
8.2. Non-Payment
8.2.1. Access to certain Services may require payment of applicable Fees in advance, including any Subscription Fees, as described during the Order process or in the applicable Offer.
8.2.2. If you fail to pay any applicable Fees when due, Hilo may, to the extent permitted by applicable law, suspend, restrict, or deactivate access to some or all of the Services until payment is received. If your Subscription expires and is not renewed, Hilo may limit your access to the Services and to collected user data as described in the applicable Offer or during the Order process. Unless otherwise stated, following expiry of a Subscription, you may continue to access only the last twenty-four (24) hours of your data for up to thirty (30) days. If the Subscription is not renewed within that period, Hilo may lock access to the app and the affected Services unless and until the Subscription is renewed or otherwise reactivated.
8.2.3. Hilo is not responsible for any interruption, reduced functionality, restricted access, or loss of access resulting from your failure to maintain an active Subscription or to pay applicable Fees when due. Any suspension, restriction, deactivation, or locking of access under this Section is without prejudice to any other rights or remedies available to Hilo under these Terms or applicable law.
8.3. Cancellation by You
8.3.1. You may cancel your Subscription through the platform or channel through which it was purchased, including the Hilo App, the Hilo webshop, Apple App Store, Google Play, or another designated billing provider, as applicable.
8.3.2. Unless otherwise required by applicable law or expressly stated in the relevant Offer, cancellation takes effect at the end of the then-current Subscription Term or billing period. Cancellation prevents future renewal charges only. You will continue to have access to the relevant paid Services until the end of the period already paid for.
8.3.3. Unless required by applicable law, Fees already paid are non-refundable, and Hilo does not provide full or partial refunds, including prorated refunds, for any unused portion of the current Subscription Term or billing period.
8.4. Termination by Hilo
8.4.1. Hilo may terminate your access to all or part of the Services, or terminate these Terms as they apply to you, if:
· you materially breach these Terms;
· you fail to pay applicable Fees when due;
· your use of the Services creates security, legal, or operational risks;
· Hilo is required to do so by law or by a court, regulator, or other competent authority; or
· Hilo discontinues the relevant Service, feature, Subscription, or Product offering.
8.4.2. Where reasonably practicable, and except in cases of material breach, fraud, abuse, non-payment, security risk, or legal necessity, Hilo will use reasonable efforts to provide prior notice before termination takes effect.
8.4.3. If Hilo terminates your access because of your breach, non-payment, misuse of the Services, or violation of applicable law, Hilo may suspend or terminate your access immediately.
8.4.4. If Hilo terminates for convenience or discontinues a paid Service that you have prepaid for, you will retain access until the end of the paid period unless continued access is not reasonably possible. If continued access is not reasonably possible, Hilo will provide a prorated refund for the unused portion of the prepaid period to the extent required by applicable law.
8.5. Effect of Termination
8.5.1. If these Terms or your access to any Service are terminated:
· all rights and licenses granted to you in relation to the affected Services will end immediately;
· you must stop using the affected Services and any related software, where applicable;
· your access to account features, User Content, or stored data may be restricted or end, subject to the Privacy Policy and applicable law; and
· any provisions that by their nature are intended to survive termination will continue in effect.
8.5.2. Termination or cancellation does not affect any rights, remedies, obligations, or liabilities that accrued before the effective date of termination or cancellation.
9. Pricing, Fees, and Taxes
9.1. Products and Services offered by Hilo are available for a Fee, including one-time purchases, subscriptions, pre-orders, and other paid features. Hilo reserves the right, at its sole discretion, to determine which offerings require payment and may modify, suspend, or discontinue Paid Services at any time in accordance with these Terms.
9.2. All applicable Fees, charges, and taxes for Paid Services will be clearly displayed at checkout or prior to completing your purchase. Prices apply only at the time presented and in the specified currency. Unless otherwise specified, Fees presented in an Offer are localized and displayed in the currency associated with your location and apply only at the time shown. Fees included in an Offer cover all costs related to the Offer, including delivery of Products (if applicable), provision of Services during the Subscription Term, and any applicable taxes, customs, or insurance charges. Payments must be made using the methods specified at checkout. By completing a purchase, you agree to pay all amounts due, including applicable taxes, shipping costs, and any additional charges disclosed during the checkout process.
9.3. Fees may vary if you modify your Paid Services, accept promotional offers, or due to changes in taxes or currency exchange rates. Discounts cannot be combined unless expressly stated.
9.4. Subscriptions and Automatic Renewal
9.4.1. Paid Services are offered as Subscriptions, which may be provided on a continuous, monthly, annual, or other recurring basis, as specified at the time of purchase. Unless otherwise specified, subscriptions automatically renew for successive periods following the initial Subscription Term.
9.4.2. By subscribing, you authorize Hilo (and Hilo’s third-party payment processors) to charge your designated payment method prior to, or at the start of, each Subscription Term for the applicable subscription Fee, along with any taxes and additional charges. You will be notified of the applicable Fees before each renewal, and renewal will occur at the then-current price of the Paid Service.
9.4.3. Either Party may cancel the Subscription at any time. Cancellation will take effect at the end of the current Subscription Term, or earlier if required or permitted by applicable law. Cancellation will only prevent future charges and does not entitle you to a refund of any previously paid Fees or a prorated refund for any remaining portion of the current Subscription Term. You will continue to have access to your Subscription until the end of that Term.
9.5. Payment Authorization and Processing
9.5.1. To purchase Paid Services, you must provide a valid and accepted payment method. By submitting your payment details, you represent and warrant that you are authorized to use that method and you authorize Hilo, along with its third-party payment processors, to charge all applicable amounts.
9.5.2. Your payment details will be processed and stored by a third-party payment processor. You are required to maintain at least one valid payment method on file at all times. Subscription Fees are billed on a recurring basis (e.g., monthly or annually, depending on your selection), are due immediately upon billing, and may be subject to change. You acknowledge that your Subscription includes recurring payments and you accept responsibility for all charges incurred prior to cancellation. Charges may be applied to your saved payment method one day before the monthly or annual anniversary of your initial purchase date. Third-party payment processors operate under their own terms and privacy policies. Hilo is not responsible for errors caused solely by such third parties, except where required by law.
9.5.3. If your payment method is declined, invalid, unverifiable, or otherwise cannot be processed, Hilo may suspend, refuse, or cancel your access to the relevant Paid Service until the issue is resolved.
9.5.4. If you choose to finance a purchase through a third-party provider, your payment obligations (including interest) may begin before all items are shipped. Interest already accrued may not be refunded.
9.6. Billing Information
9.6.1. You are responsible for maintaining accurate and up-to-date billing, contact, and payment information. Failure to do so may result in continued charges to your stored payment method for outstanding amounts until the relevant Paid Service is properly cancelled.
10. Refunds, Mandatory Consumer Rights, Right of Withdrawal, Returns
10.1. Unless otherwise stated in these Terms, the applicable Offer, or required by applicable law, payments made to Hilo are non-refundable. Nothing in these Terms excludes, limits, or affects any mandatory rights you may have under applicable consumer protection laws, including any rights relating to cancellation, withdrawal, refund, repair, replacement, or remedies for non-conforming Products or Services.
10.2. The statutory right of withdrawal for eligible EU consumers, including the EU Consumer Withdrawal Notice and model withdrawal form, is set out in Hilo’s Withdrawal and Return Policy.
11. User Content and Consumer Feedback, Analytics
11.1. Hilo may allow you to submit, upload, post, store, transmit, or otherwise make available content, including profile information, entries, messages, images, reviews, suggestions, comments, feedback, ideas, and other materials expressly excluding health data (hereinafter referred to as “User Content”).
11.2. By submitting or making available any User Content, you grant Hilo a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, use, reproduce, modify, adapt, translate, create derivative works from, display, publish, distribute, transmit, perform, and otherwise exploit that User Content for any lawful purpose related to operating, providing, maintaining, improving, supporting, securing, analyzing, marketing, and promoting Hilo, the Services, and Hilo’s business, and for any other purpose described in these Terms or the Privacy Policy free of charge. To the extent permitted by applicable law, this license survives termination of the Services.
11.3. You represent and warrant that you own or control all rights, licenses, consents, and permissions necessary to submit the User Content and to grant Hilo the rights set out in these Terms, and that the User Content, and Hilo’s exercise of its rights in that User Content, will not infringe, misappropriate, or otherwise violate any third-party rights, any law, regulation, or court Order, or these Terms. You must not submit or make available any User Content that is unlawful, infringing, defamatory, abusive, harassing, hateful, fraudulent, deceptive, obscene, harmful, or otherwise objectionable, or that violates these Terms or applicable law. You will defend, indemnify, and hold harmless Hilo, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your User Content, your submission or use of the Services in connection with such User Content, your breach of these Terms, or your violation of any law or third-party rights.
11.4. Hilo may collect, use, analyze, and otherwise process information relating to your use of the Services, including User Content and other account, device, technical, usage, and interaction data, as described in the Privacy Policy. This may include using such data to operate, maintain, improve, support, secure, develop, personalize, and promote the Services, to perform analytics, to monitor compliance with these Terms, and to comply with applicable law.
11.5. Any processing of personal data will be carried out in accordance with the Privacy Policy.
12. Trademarks, Intellectual Property
12.1. All intellectual property rights in and to the Services, software, devices, website, content, design, text, graphics, photographs, images, videos, audio, data, technology, branding, trademarks, trade names, logos, and other materials made available by Hilo (collectively, “Hilo Materials”) are and remain the exclusive property of Hilo or its licensors. Nothing in these Terms transfers any intellectual property rights to you except for the limited rights expressly granted in these Terms.
12.2. Subject to these Terms, Hilo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services and Hilo Materials for their intended purpose. You may not copy, reproduce, modify, distribute, sell, license, reverse engineer, create derivative works from, or otherwise use Hilo Materials except as expressly permitted by these Terms or by applicable law.
12.3. All Hilo trademarks, trade names, logos, and branding remain the property of Hilo or its licensors. You may not use them without Hilo’s prior written consent. The Services may also display names, logos, brands, product names, service names, and other trademarks or brand features owned by third parties. All rights in and to such trademarks are reserved by their respective owners.
12.4. Hilo respects the intellectual property rights of others. If you believe that any content made available through the Services infringes your intellectual property rights, you may submit a notice to Hilo using the contact details set out in these Terms. Your notice should include sufficient information to identify the allegedly infringing material, the intellectual property right allegedly infringed, the basis of your claim, your contact information, and any other information reasonably requested by Hilo to investigate the matter.
13. Data Privacy & Monitoring
13.1. Your use of the Services may involve the processing of personal data, including where applicable account, device, usage, purchase, support, and health-related data. Hilo processes personal data as described in its Privacy Policy, which forms an important part of your use of the Services. Please read the Privacy Policy carefully for information on what data Hilo collects, how Hilo uses it, with whom Hilo shares it, and what rights you may have. Under the GDPR, the privacy notice must explain key information such as purposes, recipients, and data-subject rights.
13.2. Hilo may use affiliated companies and third-party service providers in connection with the Services, including for hosting, infrastructure, analytics, customer support, communications, payment processing, fulfillment, and other operational functions. Where such providers process personal data on Hilo’s behalf, this is governed by the Privacy Policy and applicable data protection law. The GDPR specifically regulates the use of processors acting on behalf of a controller.
13.3. Where permitted by applicable law, Hilo may send you service-related communications, including notices relating to your account, purchases, subscriptions, billing, security, updates, support, and use of the Services. Marketing communications will be provided only in accordance with applicable law and the choices you make. You may opt out of marketing communications at any time using the unsubscribe or similar mechanism provided, but you may still receive non-marketing service communications where necessary for the operation of the Services. Consent-based communications must be transparent, and applicable privacy rules for electronic communications may also apply.
13.4. To the extent Hilo relies on your consent for specific processing activities, you may withdraw that consent at any time with effect for the future. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal. However, if certain processing is necessary for particular features or functions of the Services, withdrawal of consent may mean that those features or functions can no longer be provided, in whole or in part. The GDPR expressly provides that consent may be withdrawn at any time and that withdrawal does not affect prior lawful processing.
13.5. Hilo may monitor use of the Services to the extent reasonably necessary to operate, secure, maintain, improve, and enforce the Services and these Terms, subject to the Privacy Policy and applicable law.
14. Artificial Intelligence
14.1. Hilo may make available features, tools, or functionality that use artificial intelligence, machine learning, large language models, or similar technologies, including technologies provided by third-party providers (“AI Features”). AI Features may generate responses, recommendations, summaries, insights, translations, classifications, or other content or information (“AI Output”).
14.2. AI Features are based on evolving technologies and may produce output that is inaccurate, incomplete, outdated, misleading, biased, offensive, inconsistent, or not suitable for your specific circumstances. AI Output may also omit relevant information, misunderstand context, or generate content that appears plausible but is incorrect. You are solely responsible for reviewing and evaluating any AI Output before relying on it or using it for any purpose.
14.3. AI Output is provided for general informational purposes only and does not constitute medical, legal, financial, professional, or other regulated advice. AI Features are not a substitute for professional judgment or human review. You should not rely on AI Output for decisions that could affect your health, safety, legal position, finances, or other important interests without appropriate independent verification.
14.4. Hilo does not warrant that any AI Feature or AI Output will be available, accurate, complete, reliable, safe, lawful, non-infringing, or fit for any particular purpose. To the fullest extent permitted by applicable law, AI Features and AI Output are provided “as is” and “as available.”
14.5. Hilo may use third-party providers in connection with AI Features, and AI Features may be modified, suspended, restricted, or discontinued at any time. Your use of AI Features must comply with these Terms and all applicable law. Where required by applicable law, Hilo may apply use restrictions, safeguards, disclosures, or eligibility conditions to AI Features. The EU AI Act provides a current regulatory framework for AI systems and related obligations in the EU.
14.6. To the fullest extent permitted by applicable law, Hilo is not liable for losses arising from your use of, inability to use, or reliance on any AI Feature or AI Output, except to the extent such liability cannot be excluded or limited under applicable law.
14.7. You must not use AI Features to generate, submit, or distribute unlawful content, infringing material, misleading medical claims, discriminatory content, or content that violates the rights of any person.
15. Warranty, Liability, Indemnification
15.1. General
15.1.1. Hilo Products and Services are intended to support general wellbeing, lifestyle awareness, and consumer use. Depending on the relevant Product or Service, they may display measurements, trends, summaries, prompts, notifications, AI-supported outputs, and similar information.
15.1.2. Unless Hilo expressly states otherwise in writing for a specific Product, neither the Products nor the Services are intended to provide medical care or professional healthcare services or function as a diagnostics device. They are not designed to replace a physician, clinician, or other qualified professional, and they should not be relied upon as the sole basis for diagnosis, treatment, medication decisions, or other healthcare decisions.
15.1.3. Information made available through the Services may be incomplete, generalized, delayed, or unsuitable for your personal situation. Outputs that appear individualized, including outputs supported by artificial intelligence, remain informational only and should be independently assessed before you act on them.
15.1.4. If you have symptoms, a known medical condition, concerns about your health, or questions about treatment, you should consult an appropriately qualified healthcare professional. You should also seek professional advice before making material changes to exercise, recovery, diet, or similar routines if you have health concerns or an existing medical condition. Hilo Products and Services are not intended for emergency use or urgent medical situations. If you believe you may be experiencing a medical emergency, you should immediately contact emergency services or a qualified medical provider.
15.1.5. Your use of the Products or Services, and any communication with Hilo through the App, the Site, email, or customer support channels, does not create any doctor-patient, therapist-patient, trainer-client, or similar professional relationship.
15.1.6. Nothing in this section limits any rights you may have under mandatory law where a Product is specifically marketed, approved, or regulated for a particular medical purpose. Mandatory consumer rights relating to goods, goods with digital elements, digital content, and digital services remain unaffected.
15.2. Warranties
15.2.1. Except for any express commercial warranty that Hilo provides in writing for a specific Product, and except to the extent otherwise required by applicable law, the Services are made available on a current-availability basis and without any promise that they will always be uninterrupted, complete, or suitable for every use case.
15.2.2. To the fullest extent permitted by applicable law, Hilo does not make any representation or warranty not expressly stated in these Terms. This includes, without limitation, any implied warranty or condition as to merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, continuous availability, compatibility, or accuracy.
15.2.3. Hilo does not guarantee that the Services will always function without interruption, delay, defect, or incompatibility, or that they will operate with every device, operating system, browser, network, accessory, or third-party service.
15.2.4. Hilo also does not guarantee that any analytics, insights, measurements, alerts, recommendations, or similar outputs generated through the Products or Services will be complete, error-free, clinically validated for your individual circumstances, or appropriate for medical, diagnostic, or treatment purposes.
15.2.5. No statement, explanation, or guidance given by Hilo or on Hilo’s behalf will create a warranty unless Hilo has expressly confirmed that warranty in writing.
15.2.6. Nothing in these Terms excludes, restricts, or replaces any statutory guarantee, conformity right, or other non-waivable right available to you under applicable law. Commercial warranties, where offered, exist in addition to mandatory legal remedies and do not replace them.
15.2.7. Where Hilo expressly offers a commercial warranty for a Product, that warranty applies only on the terms stated in the relevant warranty notice or Offer. Unless expressly stated otherwise in that written warranty, any Hilo commercial warranty:
· applies only to the original end customer who purchased the Product through Hilo or an authorized sales channel;
· applies only for the period expressly stated by Hilo; and
· covers only defects in materials or workmanship arising under normal intended use of the Product.
15.2.8. A Hilo commercial warranty does not cover issues caused by circumstances outside the Product’s intended use or outside Hilo’s reasonable responsibility. Unless the applicable warranty notice states otherwise, exclusions include normal wear, cosmetic deterioration, accidental damage, misuse, improper storage, improper charging, failure to follow instructions, unauthorized repairs or modifications, use with unauthorized or incompatible accessories or software, and loss or theft. Consumable or wear components may also be excluded unless mandatory law provides otherwise.
15.2.9. If Hilo confirms that a valid claim falls within an applicable commercial warranty, Hilo may choose, to the extent permitted by law, to repair the Product, replace it with an equivalent new or refurbished Product, or provide an appropriate refund.
15.2.10. Hilo may ask for reasonable evidence of purchase and compliance with the applicable claims process before providing a warranty remedy.
15.2.11. Any commercial warranty offered by Hilo is separate from, and in addition to, any mandatory remedies available under applicable law for lack of conformity, failure to supply, or defective products. Those mandatory remedies continue to apply according to the law governing the relevant consumer contract.
15.3. Liability
15.3.1. To the fullest extent permitted by applicable law, Hilo will not be responsible for losses that are not a direct and reasonably foreseeable result of Hilo’s own breach of these Terms.
15.3.2. To the fullest extent permitted by applicable law, Hilo will not be liable for indirect, incidental, special, punitive, or consequential loss, or for loss of revenue, profit, business opportunity, goodwill, anticipated savings, or data, arising out of or in connection with the Products, Services, or these Terms.
15.3.3. Hilo is also not responsible, to the extent permitted by applicable law, for loss or damage resulting from matters outside Hilo’s reasonable control or responsibility, including misuse of the Products or Services, failure to follow instructions or compatibility requirements, unauthorized repair or modification, failures in third-party platforms or infrastructure, interruptions in networks or connectivity, or third-party content, products, or services made available in connection with the Services.
15.3.4. Where liability may lawfully be limited, Hilo’s total aggregate liability arising out of or in connection with the relevant Product, Service, or these Terms shall not exceed the greater of: (a) the amount paid by you to Hilo for the specific Product or Service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim; or(b) CHF 100.
15.3.5. These limitations apply regardless of the legal basis of the claim, whether in contract, tort, negligence, statute, or otherwise.
15.3.6. Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by applicable law. This includes, in particular, any non-excludable liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or mandatory liability for defective products. Mandatory consumer remedies for lack of conformity of goods, goods with digital elements, digital content, and digital services also remain unaffected.
15.3.7. Where the Products or Services provide wellness-related, recovery-related, sleep-related, activity-related, or similar information, that information is supplied for general consumer use only and does not displace the need for independent judgment or professional advice where appropriate.
15.4. Indemnification
15.4.1. To the extent permitted by applicable law, you agree to indemnify Hilo and its affiliates, officers, directors, employees, agents, licensors, contractors, and service providers against third-party claims, losses, liabilities, and reasonable external legal costs to the extent those claims arise directly from:
· your unlawful misuse of the Products or Services;
· your breach of these Terms;
· your User Content; or
· your infringement of a third party’s intellectual property, privacy, publicity, or other rights.
15.4.2. This indemnity applies only to the extent the relevant claim results from your own acts, omissions, submissions, or breach. It does not apply to the extent a claim is caused by Hilo’s own breach of law, negligence, or wilful misconduct.
15.4.3. Hilo may assume control of the defence and settlement of any matter for which it seeks indemnification under this section. If Hilo does so, you will provide reasonable cooperation, at Hilo’s request and expense, to the extent reasonably necessary for the defence of that matter.
16. Authorized partners, Resale
16.1. Hilo may Offer the Services, software, devices, accessories, subscriptions, and related products directly or through authorized distributors, resellers, retailers, marketplace operators, app stores, platform providers, and other third-party partners (“Third-Party Partners”). If you purchase, access, or use any Hilo product or service through a Third-Party Partner, additional terms of that Third-Party Partner may apply to your purchase, download, delivery, billing, renewal, cancellation, or use (e.g. Apple Store terms and conditions).
16.2. These Terms govern the relationship between you and Hilo with respect to the Hilo products and services, except to the extent that mandatory third-party terms apply. Hilo is responsible for the Hilo products and services, and Third-Party Partners are responsible for their own services, terms, and conduct.
16.3. If you purchase through a Third-Party Partner, that partner may be responsible for certain commercial matters such as pricing, Order handling, shipping, payment processing, subscriptions, renewals, cancellations, refunds, and customer support, unless otherwise stated by Hilo.
16.4. If you use third-party products, platforms, operating systems, apps, or services together with Hilo products or services, you are responsible for complying with the applicable third-party terms. Hilo is not responsible for third-party products or services, or for any loss, delay, incompatibility, or failure caused by them, except where liability cannot be excluded under applicable law.
16.5. Unless expressly authorized by Hilo in writing, you may not resell, redistribute, sublicense, or commercially exploit any Hilo product or service.
17. Miscellaneous
17.1. You may not assign or transfer these Terms or any rights or obligations hereunder without prior written consent from Hilo. Hilo may assign or transfer these Terms, in whole or in part, provided that such assignment does not materially adversely affect your rights. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
17.2. The failure of Hilo to enforce any provision of these Terms shall not be deemed a waiver of its right to enforce such provision or any other provision at any time thereafter. Any waiver shall only be effective if made in writing and shall not constitute a continuing waiver.
17.3. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be deemed replaced by a valid provision that most closely reflects the original intent.
17.4. These Terms, together with any additional terms referenced herein or presented in connection with the Services, constitute the entire agreement between you and Hilo with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral. In case of any conflict between the terms of this Agreement and the terms of the Privacy Policy, the terms of this Agreement shall prevail.
17.5. Any provisions of these Terms which by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.
17.6. These Terms and any dispute, claim or controversy arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by the laws of Switzerland, excluding its conflict-of-law rules. If you are a consumer, this choice of law shall not deprive you of any mandatory rights and protections afforded to you under the laws of your country of habitual residence. If you are a consumer, you may bring proceedings in connection with these Terms before the competent courts of your place of habitual residence or before the competent courts of Neuchâtel, Switzerland, to the extent permitted by applicable law. We may bring proceedings against you only before the courts of your place of habitual residence, unless mandatory law provides otherwise. If you are acting for purposes relating to your trade, business or profession, the courts of Neuchâtel, Switzerland shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.
Appendix 1: Hilo Withdrawal Notice and Return Policy
Last updated: May 1, 2026
This Withdrawal and Return Policy applies only to purchases of Hilo Products made directly from Hilo through Hilo’s online store. If you purchased a Hilo Product from an authorized reseller, distributor, retailer, marketplace, or other third party, that third party’s return and refund policy applies, and you must contact the original seller directly.
Consumer Right of Withdrawal
You have the right to withdraw from this contract within fifteen (15) days without giving any reason, to the extent provided by applicable law. The withdrawal period is calculated in calendar days.
The withdrawal period expires after fifteen (15) days:
a. in the case of a contract for the sale of Products, from the day on which you, or a third party indicated by you who is not the carrier, acquires physical possession of the Product; if multiple Products Ordered in one Order are delivered separately, the period begins on the day on which you, or such third party, acquires physical possession of the last Product; and
b. in the case of a contract for services, digital services, Subscription services, App access, or digital content not supplied on a tangible medium, from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform:
Hilo (Aktiia SA / Aktiia BV / Aktiia Australia Pty)
c/o Aktiia SA
Rue du Bassin 8A
2000 Neuchâtel
Switzerland
Help Center : https://hilo.com/en-eu/policies/refund-policy
Returns Portal: https://returns.hilo.com/
of your decision to withdraw from the contract by an unequivocal statement, for example by post or through Hilo’s online withdrawal or returns channel in your account (https://returns.hilo.com/). You may use the model withdrawal form below, but this is not mandatory. If Hilo offers an electronic submission option, Hilo may acknowledge receipt of the withdrawal without delay on a durable medium, such as by email.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Returning a Product without clearly notifying Hilo that you wish to withdraw is not sufficient.
Effects of Withdrawal
If you withdraw from this contract, Hilo will reimburse to you all payments received from you, including the costs of delivery, except for any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by Hilo, without undue delay and in any event not later than fifteen (15) days from the day on which Hilo is informed of your decision to withdraw from this contract. Hilo will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement.
For contracts for the sale of Products, Hilo may withhold reimbursement until Hilo has received the Products back, or you have supplied evidence of having sent back the Products, whichever is earlier.
You must send back the Products or hand them over to Hilo without undue delay and in any event not later than fifteen (15) days from the day on which you communicate your withdrawal from this contract to Hilo. The deadline is met if you send back the Products before that fifteen (15) day period has expired.
You bear the direct cost of returning the Products, unless Hilo expressly agrees otherwise in the applicable Offer or applicable law provides otherwise.
You are only liable for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Products.
Special Rules for Services, App Access, Subscription, Digital Content, and Digital Services
If you requested that Hilo begin providing services during the withdrawal period, you may be required to pay Hilo an amount proportionate to what has been provided until you informed Hilo of your withdrawal, compared with the full scope of the contract, where and to the extent required by applicable law.
If the contract relates to digital content not supplied on a tangible medium or to digital services, your right of withdrawal may expire once Hilo has begun performance of the contract after:
a. you have expressly consented to Hilo beginning performance before the end of the withdrawal period; and
b. you have acknowledged that you thereby lose your right of withdrawal once performance has begun,
in each case to the extent permitted by applicable law.
If your purchase includes both a physical Product and App access, Subscription services, digital content, or digital services, the withdrawal consequences may apply separately to the physical and digital components depending on the nature of the contract and the stage of performance. This follows from the Directive’s different rules for goods and for services or digital content.
Return Instructions
If you validly withdraw, Products must be returned in accordance with the return instructions provided by Hilo available via your account. Do not send Products to any address other than the address or return label specified by Hilo.
Unless Hilo expressly agrees otherwise, you bear the direct cost of returning the Product. If Hilo provides a prepaid return label, Hilo may deduct the cost of that label from your refund where permitted by applicable law and where properly disclosed.
You are responsible for the Product until it reaches Hilo’s designated return location. Hilo recommends that you use secure packaging and keep proof of shipment.
You may inspect the Product only to the extent necessary to establish its nature, characteristics, and functioning, as you would be allowed to do in a physical shop. To the extent permitted by applicable law, Hilo may reduce the refund to reflect diminished value if the Product is returned damaged due to improper handling, if parts, accessories, or components originally supplied with the Product are missing, or if the Product shows use beyond what is necessary for normal inspection.
When you make a qualifying return, Hilo will process the refund using the same payment method that you used for the original transaction.
Hilo will withhold the refund until the Products have been returned to us, and inspected.
Hilo will credit the full amount you paid, less the return shipping deductions and other deductions, if applicable, without undue delay and, in any event, no later than 45 days from the day we receive the returned Product.
Statutory Exceptions and Other Rights
The statutory right of withdrawal does not apply in certain cases permitted by applicable law. This may include, in particular:
a. Products made to your specifications or clearly personalized;
b. sealed Products which are not suitable for return for health protection or hygiene reasons, if they become unsealed after delivery;
c. Products which are, after delivery, according to their nature, inseparably mixed with other items; and
d. sealed audio recordings, sealed video recordings, or sealed computer software, if they become unsealed after delivery.
If Hilo relies on a statutory exception for a specific Product, Hilo will indicate this clearly on the relevant product page, packaging, checkout flow, or other pre-contract materials.
For the avoidance of doubt, there is no general exclusion from the right of withdrawal merely because a Product is electronic, connected, wellness-related, or health-related. Any exclusion must be based on a statutory exception applicable to the relevant Product or contract type. This is a drafting inference from the Directive’s closed list of exceptions.
This Policy does not limit any mandatory rights you may have under applicable law if a Product is defective, damaged, or not in conformity with the contract. Those rights exist separately from any withdrawal right.
If you believe your Product is defective, damaged, or incorrect, please contact Hilo through the “Contact Us” section on Hilo’s website.
Model Withdrawal Form
The EU Consumer Rights Directive provides a model withdrawal form which consumers may use, but are not required to use.
(Complete and return this form only if you wish to withdraw from the contract)
To:
Hilo (Aktiia SA / Aktiia BV / Aktiia Australia Pty)
c/o Aktiia SA
Rue du Bassin 8A
2000 Neuchâtel
Switzerland
I/We () hereby give notice that I/we () withdraw from my/our () contract of sale of the following goods () / for the supply of the following service (*):
— Ordered on () / received on ()
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) Delete as appropriate.
Returns, withdrawals, and refunds for purchases made directly through Hilo’s online store are governed by Hilo’s Withdrawal and Return Policy, as updated from time to time. The statutory right of withdrawal described in that Policy applies only to eligible consumers in the European Union, to the extent required by mandatory applicable law.