Ada Digital Health’s Terms and Conditions
Last updated 31.03.2017
1.Welcome to Ada
Welcome to the Ada websites and mobile application. The following terms constitute an agreement (the 'Terms & Conditions') between you and Ada Health GmbH (‘Ada’, ‘we’, ‘our’, or ‘us’), the operator of a platform through which you can access the following services:
our free health companion which includes (amongst other things) the symptom checker service used to obtain personalised health information, Ada's symptom tracking functionality and condition library, all powered by Ada's unique artificial intelligence system ('Health Companion'); and
our online messaging, video, and telephone medical consultation, information, prescription and referral service ('Telemedicine Service'), (together the 'Services').
The Services can be accessed through our smartphone application (the ‘App’), available for download on your mobile device free of charge, and (subject to availability) may also be accessed through our web-based application available at ada.com (the ‘Site’). Together the Site, the App and the Services, including any software and other technology underlying the Site, App and the Service, including updates, are our ‘Platform’. Further details on how you may be able to access the Services are provided on the Site.
The Platform is operated by Ada Health GmbH, a company incorporated and registered in Germany, district court Munich, under company registration number 189710 and with its registered office at Adalbertstraße 20, 10997 Berlin, Germany. Notwithstanding the foregoing, any medical advice delivered through the Telemedicine Service is under the control of Ada Digital Health Ltd, trading as Ada Health, a company incorporated and registered in England and Wales, under company registration number 10201906 and with its registered office at 20 Eastbourne Terrace, W2 6LG. Ada Digital Health Ltd. is a subsidiary of Ada Health GmbH.
To contact us, please email our customer service team at firstname.lastname@example.org.
You must be 13 years or older and capable in your country of residence of entering into legal binding agreement to use our Service.
By accessing or using this site, or downloading or using the App, you represent and warrant that you agree to be bound by the terms and conditions. If you do not agree to these terms & conditions, you may not access or use the Platform, including the Site, App or the Services.
2.Your relationship with Ada
3.Information we collect about you
4.About our Services
We provide both the Health Companion and the Telemedicine Service to you through our Platform. These Services are described in more detail below.
The Services are not suitable for the treatment of medical emergencies. We do NOT provide any emergency services, care for acute medical conditions or in-person diagnosis or treatment. As such, the Services are designed to complement but not replace the services of your regular in-person doctor or General Practitioner ('GP'), a hospital or other healthcare provider.
Any information provided through the Health Companion, or diagnoses, treatment or prescriptions provided through the Telemedicine Service, will in either case be based on the information that you have provided to Ada via the Platform. It is your responsibility to ensure this information is correct and complete and you accept that failure to do so (whether intentionally or not) may affect the information and advice that Ada can give to you and may have consequences for which we are not responsible.
Ada does NOT provide diagnosis, treatment or offer prescriptions through the Health Companion. Such services are only made available via the Telemedicine Service as they must be administered by a qualified and appropriately licensed doctor.
If you do not fully understand any information or advice obtained through the Services, it is your responsibility to raise this with Ada, or with the Doctor during a Consultation where relevant (as those terms are defined below), who will seek to provide an explanation.
5.The Health Companion
The Health Companion offers Users the ability to complete a symptom assessment that leads to a list of possible health conditions, based on what would be considered possible causes of those symptoms for groups of similar patients within the population, along with possible causes and suggested steps that may be taken to treat such conditions ('Assessment Report').
The Health Companion is free and you can complete as many symptom assessments and obtain as many Assessment Reports as you wish.
You understand that the Health Companion we provide is for information purposes only; it is not medical advice and the Health Companion does not act as a substitute for advice from your regular doctor, GP or any other health professional.
The Health Companion does NOT diagnose health conditions or prescribe how you should treat any health condition you may have. This should only be done with the help of a health professional (such as a registered doctor or a nurse).
You are ultimately responsible for deciding whether or not to contact a health professional and/or seek medical advice about any health concerns that you have shared via the Health Companion.
REMEMBER THAT THE HEALTH COMPANION DOES NOT PROVIDE YOU WITH A MEDICAL DIAGNOSIS. IF YOU ARE WORRIED ABOUT YOUR HEALTH, YOU SHOULD GET ADVICE FROM A HEALTH PROFESSIONAL. IN THE CASE OF AN EMERGENCY, YOU SHOULD CALL EMERGENCY SERVICES IMMEDIATELY. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE HEALTH COMPANION.
6.The Telemedicine Service
The Telemedicine Service may be accessed and used for a fee, as described in these Terms and Conditions.
The Telemedicine Service provides Users with the ability to access online medical consultations with appropriately qualified and licensed doctors (details of the doctors that you can interact with via the Telemedicine Service, including their background and qualifications, may be found on our Platform) (the 'Doctors'), obtain tailored diagnoses and access certain prescription and referral services (where these additional services have been launched on the Platform by Ada).
How to start and complete a Consultation
In order to commence a consultation with a Doctor using the Telemedicine Service (a 'Consultation'), Users must first complete a self-assessment or pre-assessment using the Health Companion and obtain an Assessment Report.
The User must then follow the instructions on the Platform to submit the Assessment Report to one of the Doctors, along with specific questions, additional explanatory notes and an image if required ('Consultation Request'). Only one medical issue can be dealt with per Consultation Request.
Following submission of a Consultation Request, a Doctor will review all information provided and respond to the User via the Platform ('Initial Response'). If more information is required, the Doctor will include follow up questions in the Initial Response.
Where the Consultation Request has been submitted within operational hours (as listed on the Site) a Doctor will provide an Initial Response to the User on the same day.
Where the Consultation Request has been submitted outside of operational hours, a Doctor will provide an Initial Response to the User on the next working day (Monday to Friday excluding bank holidays).
Consultation Requests will be handled on a first-come-first-served basis, except in the event that a Consultation Request is categorised as urgent by Ada, in which case such urgent Consultation Request will take precedence. Users will usually be contacted by messages sent via the Platform. In exceptional cases, however, a Doctor may telephone a User using the telephone number submitted by the User when signing-up for the Services on the Platform.
Following receipt of an Initial Response, the User must reply within 72 hours by sending a message to the Doctor on the Platform. If the User does not reply within 72 hours, the Consultation will be closed and the User must submit a new Consultation Request as necessary. Where 48 hours have elapsed and the User has not provided a reply to the Initial Response, Ada will send the User a reminder that their Consultation is pending and that the User only has 24 hours to reply.
Where the User replies to an Initial Response, the Doctor may need to ask a number of follow up questions.
This process of request and response will continue until the Doctor has sufficient information to provide a final report, including information about symptoms, a diagnosis, appropriate medical advice on next steps and actions and a proposed prescription for medication if appropriate ('Consultation Conclusion').
Once a Consultation Conclusion has been issued, the Doctor will close the conversation with the User and the Consultation will be brought to an end. The User will be able to find a summary of their Consultation on the Platform.
Where appropriate, the Doctor may follow up with the User a few days after a Consultation Conclusion to check that all is going well and to provide additional advice if necessary.
Where an Initial Response has not been provided within the timeframes set out at clauses 6.3(d) and 6.3(e), the User will be provided with a full refund of any amounts paid in respect of the relevant Consultation Request. We will ensure that the Initial Response is subsequently delivered by a Doctor and the Consultation will then proceed to the final Consultation Conclusion as usual.
Availability, access and use
The Telemedicine Service will be available for access and use 24 hours a day, 7 days a week, but Doctors will only be available to respond to a Consultation Request during the applicable operational hours for the service. The operational hours can be found on the Site.
The Telemedicine Service will be primarily delivered via the online chat functionality on the Platform (or, where made available on the Platform, through voice or video communication channels).
Use of the Telemedicine Service is only open to Users aged 18 or over.
Use of the Telemedicine Service is only open to residents of the UK who provide a contact telephone number (for use in case of an emergency), along with credit card details and a billing address. For prescriptions, you will also be required to provide your full name, date of birth and home address.
If you choose to use the Telemedicine Service when located in any territory other than the UK, you acknowledge that:
Ada's Telemedicine Service is designed for UK residents and provides access to doctors and GPs who are qualified in the UK;
the Telemedicine Service is regulated by the Care Quality Commission; and
these Terms and Conditions are governed by the laws of England and Wales and the English courts will have exclusive jurisdiction for any legal proceedings relating to the Telemedicine Service, to the extent permitted by applicable law.
Ada does not take any responsibility for differences between healthcare regulations in the UK and any other countries in which you choose to access the Telemedicine Service.
It is your responsibility to ensure that it is lawful to access the Platform and use the Telemedicine Service in the country in which you are located at the time of a Consultation. Ada accepts no responsibility for the use of the Telemedicine Service or access to the Platform in any country where it is unlawful to do so.
Doctors Doctors providing services to Users of the Telemedicine Service via the Ada Platform are licensed to practice medicine in the UK, have undertaken post-graduate training in general practice and are registered with the General Medical Council.
What conditions can be assessed using the Telemedicine Service?
Users may request advice on any medical issue, but Doctors will only be able to treat certain conditions via the Telemedicine Service. A list of typical medical conditions that Doctors will usually be able to treat may be found on the Site. Only one medical issue or condition can be assessed, diagnosed and treated per Consultation.
Doctors cannot provide any emergency services through the Telemedicine Service. Doctors also cannot care for acute medical conditions, or deal with cases where assessment, treatment and/or diagnosis in-person is required.
Ada does not offer a specialist service and all Doctors are GPs. Where a Doctor considers it in the best interests of the User or if a particular request, query or treatment is outside of their field of expertise, the Doctor may direct that User to contact their regular in-person GP or clinical specialist.
Tests and referrals
As part of a Consultation, Doctors can make referrals to private clinical assessments (where available on the Platform) including laboratory testing provided by one of our approved providers. Users may request such private clinical assessments during a Consultation or directly via the Platform. Doctors can make a referral if appropriate, in the discretion of the Doctor. The availability of these services depends on your location when accessing and using the Telemedicine Service.
You will order, arrange and pay for any laboratory tests via the Ada Platform, but you acknowledge that you are solely responsible for undertaking such tests. You agree to comply with any instructions provided in relation to such testing services. The processing time of tests may vary according to the approved provider and we cannot control or guarantee the availability of the services from approved providers and shall not be liable for any acts or omissions of such approved providers.
You may also be able to request, or Doctors may offer (where available), certain 'do-it-yourself' laboratory testing kits through the Telemedicine Service. Our approved providers will process and manage the results of such tests, as set out in clauses 6.7(a) and 6.7(c).
The results from any laboratory tests arranged through the Telemedicine Service, whether from one of our private approved providers or following completion of an at-home test (provided by one of Ada's approved providers), will be interpreted by a Doctor and the interpreted results and commentary will be delivered to Users in the secure Account area of the Platform.
At the Consultation Conclusion, Doctors may issue prescriptions for medicines where they consider it in the best interests of the User and where making such prescription conforms with General Medical Council guidelines on remote prescribing and standards of quality and safety as set out by the Care Quality Commission.
Doctors may refuse to prescribe medicines in their absolute discretion when they believe it is not in a User's best interests or where such prescription is not possible in any particular territory or location.
We strongly advise Users to allow Ada to share information with their in-person doctor or GP about any prescriptions obtained through the Telemedicine Service, or any medication changes advised by a Doctor.
To obtain a prescription Users must notify us through the Platform of their preferred pharmacy ('Preferred Pharmacy'). We will then try to arrange for the prescribed medication to be delivered to that Preferred Pharmacy for collection by the User. We will let Users know when their prescription has been received by the Preferred Pharmacy, but we recommend calling the pharmacy to make sure the medication is ready for collection. Where delivery to a Preferred Pharmacy will not be possible, Ada will inform the User.
Since any prescriptions obtained through the Telemedicine Service are private, Users will need to pay for any medicines on collection. The relevant Doctor may be able to provide an estimated price or price range for the relevant medication when completing a prescription, but the exact price may differ.
Where the Platform allows Users to make direct prescription requests through the Telemedicine Service, Users must complete all mandatory information fields and answer a series of questions on the Platform. This information will be reviewed by Doctors who will decide, in their absolute discretion, whether the requested prescription request can be fulfilled. The Doctors dealing with any such request may contact the relevant User in order to discuss their request or any information provided via the Platform.
Users acknowledge that the dispensing pharmacy is a separate entity from Ada and to the extent permitted by law Ada disclaims any liability for any acts or omissions of the dispensing pharmacy and has no control over or responsibility for any of their acts or omissions, their policies in relation to acceptance or otherwise of prescriptions, delivery of prescriptions, opening hours or availability.
Prescription services are only available to Users of the Telemedicine Service aged 18 years and over.
You will comply with any instructions given in relation to any prescription provided to you including timing and dosage. You will promptly report any side effects of any prescription to a doctor and you will protect anything prescribed to you and not permit any other person access to the prescribed medication. You will not use any prescribed medication after its expiry date.
The Telemedicine Service only allows for remote prescriptions, without any in-person consultation. As such, the range of medications available is limited and does not include any medications requiring close monitoring, off license drugs or any controlled drugs.
Doctors will only prescribe a short course of any long-term medications for higher risk conditions in order to act as a bridge until the User can fulfil their prescription with their regular in-person doctor or GP. The Telemedicine Service should not be used for the purposes of obtaining a regular prescription for any such long-term medications. If, following receipt of an initial prescription through the Telemedicine Service, a User returns at a later date to re-new that prescription, it will be at the discretion of the Doctor whether to fulfil or reject that request. If a Doctor has any concerns about any request for medication and cannot satisfy themselves (via their direct interactions and conversations with Users) that prescribing would be safe and appropriate, that Doctor may not complete the prescription.
For any long-term medications for higher risk conditions, Ada will request photographic evidence of an existing regular prescription before the short-term prescription can be issued. We recommend that all Users allow Ada to inform their regular in-person doctor or GP of any prescription obtained through the Telemedicine Service. Sharing information with a regular in-person doctor or GP allows a doctor to effectively monitor your condition and is the most effective way to ensure you receive safe and effective care.
The type of membership you hold with Ada for the Telemedicine Service will dictate how you pay for Consultations. The types of memberships available to you may depend on your location.
Pay as you go:
Pay as you go Users will pay for the Telemedicine Service on a per Consultation basis ('Consultation Fee').
The cost of a Consultation is set out on the Platform and may vary from time to time and per location. The cost of each Consultation is payable up-front.
Cancellation of Consultation Once you have submitted and paid for your Consultation Request, Ada cannot offer a refund of any monies paid.
Subscription Users may purchase a monthly or annual subscription to access an unlimited number of Consultations on the Telemedicine Service for the period of their subscription ('Subscription').
The cost associated with purchasing a Subscription (the 'Subscription Fee') and details about how it works are set out on the Platform.
A Subscription is for a minimum of 3 months followed by a rolling monthly term (the 'Subscription Period'). The Subscription Fee is payable on a monthly basis.
At the end of the third and any subsequent month of your Subscription, your Subscription will renew automatically for another month, unless you notify us through your account settings before the time of 23:59 on the renewal date that you want to cancel or do not want to automatically renew. Unless you notify Ada, you understand that your Subscription will automatically renew each month and you authorise Ada, without further notice to you, to collect the applicable Subscription Fee using the payment details we have on record for you.
If all payment methods submitted by you are declined for payment of your Subscription Fee, your Subscription will be cancelled. If you provide Ada with new payment details and you are successfully charged, your Subscription Period will be based on the original renewal date and not the date of the successful charge.
Cancellation of Subscription You may cancel your Subscription on the Platform and you will receive a full refund if you cancel within 14 days after the day on which you purchased your Subscription ('Cooling Off Period'). Ada reserves the right to charge for any Consultations during the Cooling Off Period in line with the Consultation Fee.
After the Cooling Off Period, you may cancel your Subscription with immediate effect if:
we breach these Terms in a material way and fail to correct or fix the situation within 14 working days of you asking us to do so in writing;
we go into liquidation or a receiver or an administrator is appointed over our assets;
we change these Terms and Conditions to your disadvantage; or
there is a risk of substantial delay caused by an event outside of our control.
In such circumstances we will refund you the Subscription Fee you have paid for the current month.
If you cancel your Subscription for any other reason, you must pay the total Subscription Fee for the current Subscription Period and we will not offer you any refund.
You can cancel your subscription by following the instructions on the Platform.
Some Users may receive the Telemedicine Service as a benefit under a scheme provided by one of Ada's partner organisations, such as an employee benefit scheme with your employer, your insurance policy with your insurer or as a service of your regular health care provider (a 'Partner Scheme').
Where you are receiving the Telemedicine Service through a Partner Scheme, your right to use the Telemedicine Service shall also be subject to and in accordance with the rules of the Partner Scheme. In the event of any inconsistency or conflict between these Terms and Conditions and the terms of the Partner Scheme these Terms and Conditions shall take precedence.
The detail of your Partner Scheme, including your right to cancel your membership of your Partner Scheme will be in accordance with the terms and conditions of such scheme.
The price of a one-off Consultation or subscription and any other products or services available for purchase via the Services will be quoted on the Platform. Prices include any applicable taxes, e.g. VAT, which might apply and are liable to change at any time, but any changes will not affect any existing Consultation already booked or Subscription already in place.
Payments may be made to Ada within the App using either your Apple or Google Play account, or via our third party payment provider as directed on the Platform.
8.Setting up an account
To access the Services, you must set up an Apple ID or Google account and download our App from the Apple App or Google Play Store for use on your mobile device or tablet. If available, the Services can also be accessed directly via the web-based application on our Site.
Once you have downloaded our App (or accessed the web-based application on the Site), you can set up an account with a username and password within the profile area (your 'Account'). We advise all users to only use ‘strong’ passwords with their Account (passwords that use a combination of numbers, upper and lower case letters and symbols). When you register your Account or otherwise submit information to us, you represent that the information you provide is accurate and comprehensive. If any information changes, you warrant that you will promptly let us know of such changes by correcting the information.
You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, we ask you to let us know straight away by contacting us via email@example.com.
You must be 18 years or older and capable, in your country of residence, of entering into a legally binding agreement to use our Services. The Platform and Services are not to be used by those under the age of 18. However, the Platform may be used by adults to discuss healthcare concerns regarding their children under the age of 18.
Use of the Telemedicine Service is only open to residents of the United Kingdom with a UK billing address. Use of the Health Companion is available to Users worldwide.
9.Your right to use the Services
The materials and content comprising the Platform and the Services belong to us, or the people who have licensed them to us (including the Third Party Software listed on the App) and we give you permission to use these materials and content for the sole purpose of using the Platform and the Services in accordance with these Terms & Conditions.
Your right to access the Platform and use the Services is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to access the Platform and use the Services does not stop us from giving other people the right to access the Platform and use the Services.
Other than as allowed in these Terms & Conditions you are not given a right to use the ‘Ada’ name, or any of the ‘Ada’ trademarks, logos, domain names and other distinctive brand features.
Unless allowed by these Terms & Conditions, you agree:
not to replicate or copy our Platform or any portion of the Services;
not to give or sell or otherwise make available our Platform or any portion of the Services to anybody else;
not to change our Platform or any portion of the Services in any way;
not to look for or access the source code of our Platform or any portion of the Services that we have not expressly published publicly for general use.
You agree that all confidential information, copyright and other intellectual property rights in our Platform or any portion of the Services belong to us or the people who have licensed such rights to us.
You agree that you have no rights in or to our Platform or any portion of the Services other than the right to access and use them in accordance with these Terms & Conditions.
10.Your use of the Platform and the Services
In addition to the other requirements within these Terms & Conditions, this section describes specific rules that apply to your use of the Platform (the 'Rules').
When using the Platform, you must not:
circumvent, disable or otherwise interfere with any security related features of the Platform or features that prevent or restrict use or copying of the content accessible via the Platform;
create more than one account on the Platform (however, you may, as enabled by the functionality of the Platform connect all your social networks or other services accounts, that we support, to your Account on the Platform);
give any false or misleading information in your Account details;
permit another person to use the Platform or the Services under your name or on your behalf;
use the Platform or the Services if we have suspended or banned you from using them;
send junk, spam or repetitive messages;
engage in any illegal or unlawful conduct;
modify, interfere, intercept, disrupt or hack the Platform or the Services;
misuse the Platform or introduce viruses, Trojans, worms, logic bombs or other material which could harm the Platform or the Services or any other user of the Platform's own equipment;
collect any data from the Platform or Services other than in accordance with these Terms & Conditions or the functionality of the Services;
submit or contribute any content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive; or
submit or contribute any information or commentary about another person without that person's permission.
Failure to comply with the Rules constitutes a material breach of these Terms & Conditions, and may result in our taking all or any of the following actions at our sole discretion (with or without notice):
immediate, temporary or permanent withdrawal of your right to access the Platform and use our Services;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
disclosure of such information to law enforcement authorities as we believe is necessary.
The responses described in the above clause 10.3 are not limited, and we may take any other action we reasonably deem appropriate.
11.Ending our relationship
You can end your use of the Services and cancel your contract with us at any time, including in the event that you're not happy with any changes we propose making to the Platform, Services or these Terms & Conditions, by following the instructions for deactivating your Account as described on our Platform. If you access the Platform and use the Services through the App, you can delete your Account in the settings menu. Please refer to clause 6 for further details on cancellation of the Telemedicine Service.
We may immediately deactivate your Account and end your use of the Services with or without notice and for any or no reason, including if you break the Rules, any other important rule(s), or conditions we set for accessing and using the Platform or the Services, including these Terms & Conditions.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, and distributors (the 'Ada Parties') from all liabilities, claims, and expenses, including attorney's fees, relating to or arising out of: (a) your use of, or inability to use, the Platform and/or the Services; (c) your violation of these Terms & Conditions; (d) your violation of any rights of another party, including any other user; or (e) your violation of any applicable laws, rules or regulations. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. This provision does not require you to indemnify any of the Ada Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform or any Service provided hereunder. You agree that the provisions in this section will survive any termination of your Account, these Terms & Conditions or your access to the Platform.
13.Our liability/responsibility to you
Any information, including information relating to potential medical conditions, provided to you on the Platform whether written, stated or implied, is for information purposes only. The information is provided "as is" and without warranty of any kind by Ada.
You should not take any steps on the basis of information provided on the Health Companion without first consulting a doctor or other health professional.
Due to the nature of the internet and technology we are unable to promise and specifically disclaim that your use of the Platform or the Services will be uninterrupted, without delays, error-free, secure or meet your expectations and we do not give any commitment relating to the performance or availability of the Platform or the Services in these Terms & Conditions and, to the extent permitted by applicable law, we exclude any commitments that may be implied by law.
To the extent permitted by applicable law, you understand and agree that in no event will we be liable to you for any damages that are not foreseeable or, even if foreseeable, not directly related to our breach of these terms and conditions or our negligence. We will not be liable for any indirect, incidental, special or consequential damages arising out of or in connection with the Platform, including any information provided to you in connection with the Services or any action or inaction by you resulting from the information we have provided to you. In no event will we be liable to you for any loss of profits or loss of revenue or the procurement of substitute services. In no event will we be liable to you resulting from your interaction with any third party or third party technology in connection with the Platform.
Subject to the remainder of this clause, our total liability for all losses you suffer arising from or in connection with the use of the Platform or the Services shall be no greater than the amount paid by you for use of the Services at the date of such claim.
Nothing in these Terms & Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
14.Third Party Services
Where our Platform or Service contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the content of such third-party sites or resources and assume no responsibility for the content of linked or framed information or websites. We will not be liable for any loss or damage that may arise from your use of such sites or resources.
You acknowledge and agree that the availability of the App and the Service is dependent on the third party from whom you downloaded the App, (e.g. the Apple App Store or Google Play (each an 'App Store'). You acknowledge that these Terms & Conditions are between you and Ada and not with the App Store or Play Store.
15.Feedback, complaints and disputes
If you have a complaint relating to the Service, in the first instance please contact us at firstname.lastname@example.org and we will attempt to resolve the dispute with you.
Complaints should normally be made within 12 months of an incident occurring or of the matter being brought to your attention. You can make a complaint for yourself or on behalf of someone else provided that you have the person’s written permission to do so (unless the person is a child, does not have the mental capacity, the person has died or there is power of attorney in place).
We will endeavour to respond to your complaint within 3 working days and a decision on how best to resolve your complaint will be taken by the complaints manager in discussion with you.
In the unlikely event that we are not able to resolve a dispute informally, we will discuss with you the most effective way of resolving our dispute.
You may also refer a dispute to the European Online Dispute Resolution ('ODR') platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use.
16.Changes to the Platform and Services
We are constantly updating and improving the Platform to try and find ways to provide you with new and innovative services and features. Improvements and updates are also made to reflect changing technologies, behaviours and the way people use the internet and our Services.
In order to improve and update the Platform, we may need to update, reset, stop offering and/or supporting a particular part of the Services, or feature relating to the Platform ('Changes'). These Changes may affect your activities on the Platform and the functioning of the Services and the features that you use ('Service Elements'). Any Changes could involve your Service Elements being deleted, altered or reset.
From time to time updates to the App may be issued by us or through the App Store or Play Store from which you downloaded the App. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms. You may need to update third-party software from time to time in order to use the Platform and/or the Services.
You agree that a key characteristic of our Platform is that Changes will take place over time and this is an important basis on which we grant you access to the Services. Once we have made Changes, your continued use of the Services will indicate that you have accepted any consequential changes to the Services. You are always free to stop using the Services and deactivate your Account, in accordance with these Terms & Conditions.
We will try, where possible and reasonable, to contact you to let you know about any significant Changes. If you're not happy with the proposed Changes, you can end your use of the Services at any time in accordance with clause 11.2.
17.Changes to these Terms & Conditions
We may change these Terms & Conditions from time to time but the most current version will always be available on our Site (ada.com). Every time you wish to use the Services, please check the Site to ensure you understand the Terms & Conditions that apply at that time.
Potential changes to these Terms & Conditions will usually occur because of new features being added to the Platform or the Services or changes in the law or applicable regulations.
We will contact you to let you know about any significant changes to these Terms & Conditions and any of the documents referred to in these Terms & Conditions. We may contact you through the Platform (for example, by asking you to accept the changes before you continue to use the Services) or via email. Your continued use of the Platform and the Services will be deemed acceptance of such revised Terms & Conditions and it is your responsibility to ensure you consent to contract on such terms.
Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately. If this happens we will not give you any prior notice.
18.Documents that apply to our relationship with you
The current version of the Terms & Conditions contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms & Conditions will no longer apply to our relationship and are completely replaced by the current version.
We intend to rely on these Terms & Conditions as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms & Conditions cannot be enforced, then the remainder of the Terms & Conditions will still apply to our relationship.
If you do not comply with these Terms & Conditions and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
19.Governing Law and Jurisdiction
We are based in England and English law will apply to all disputes and the interpretation of these Terms & Conditions.
Subject to clause 15: the English courts will have exclusive jurisdiction over any dispute arising from or related to your use of the Platform and/or the Services.
You agree that we may communicate with you through electronic communications and that all electronic communications will satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
All notices given by you to Ada must be given in writing by email to the address set out below. We may give notice to you by email to the address you provide to us when registering on the Platform.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms & Conditions is found to be unenforceable, all other provisions shall remain unaffected.
No one other than a party to the Contract shall have any right to enforce any of its terms.
If you want to contact us in relation to these Terms & Conditions or any other document mentioned in them, please email us at email@example.com.