Ada Health’s Terms and Conditions

Last modified: 04 November 2024

1. Welcome to Ada

1.1. Welcome to Ada. The following terms and conditions (“Terms and Conditions”) govern the users’ (“User(s)”, “you” or “your”) use of this website and Ada Assess (as defined below) and related services.

1.2. These Terms and Conditions form part of the agreement between you and Ada Health, Inc., with a registered office at The Flamingo House, 33 SE 4th Street, Suite 100, Boca Raton, 33432 Florida, USA (“Ada”, “we”, “our” or “us”), the operator of a platform that provides you access to our free digital health products and related services.

1.3. Ada offers the User an in-house developed, artificial intelligence (“AI”) model as a web-based digital health and symptom assessment that uses custom probabilistic reasoning technology on a medical-expert-curated knowledge base to provide Users with health information relevant to medical findings they are currently experiencing (the “Ada Assess”). Ada Assess is paired with a third-party Large Language AI Model (“LLM”) for refining condition suggestions and may also be paired with a third-party free text input (“FTI”) LLM to further assist the User in articulating their symptoms. Ada Assess is available for free via our website and (when and where available) via websites/apps of business partners of Ada (“Ada Partner(s)”).

Ada Assess is manufactured by Ada’s parent company, Ada Health GmbH, a company founded in Germany and registered with the Munich Local Court under the commercial register number 189710, with its registered office at Neue Grünstraße 17, 10179 Berlin, Germany. Ada has obtained a license from Ada Health GmbH to distribute Ada Assess in the US. The Ada Health website is operated in the US by Ada Health, Inc.

PLEASE NOTE THAT NEITHER ADA ASSESS, NOR OUR WEBSITE MAKE ANY MEDICAL DIAGNOSES. PLEASE SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU ARE CONCERNED ABOUT YOUR HEALTH. IN CASE OF AN EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY SERVICES IMMEDIATELY. ALWAYS CONSULT YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. YOU SHOULD NEVER DISREGARD A DOCTOR’S PROFESSIONAL ADVICE OR CANCEL AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ OR HEARD ON OUR WEBSITE OR VIA ADA ASSESS.

1.4. If you wish to contact us, please email our Customer Service team at [email protected].

1.5. You must be at least 16 years old if you wish to use this website and Ada Assess. If you are under 18 years old, usage of this website and Ada Assess and your agreement to these Terms and Conditions require the consent of your legal guardian.

1.6. Your use of the full functionality of this website and Ada Assess requires your agreement to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use or access any part of this website or Ada Assess.

1.7. The contract language for these Terms and Conditions is English.

2. The legal relationship between you and Ada

2.1. These Terms and Conditions apply to the use of this website and Ada Assess and contain the terms governing your use of the Ada Assess and this website. It is important that you have read and understood these Terms and Conditions in conjunction with our Privacy Policy before using this website and Ada Assess. If you have difficulty understanding any aspect of these documents, please contact us at [email protected] and we can explain what it means for you.

2.2. You may only set up a User account for this website and Ada Assess if you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not create a User account for this website or Ada Assess.

2.3. For the applicable terms and conditions for other Ada products, such as the Ada Health App please see Ada Health App Terms and Conditions. For the applicable terms and conditions for the Ada Antiviral Treatment Eligibility Questionnaire please see Ada Antiviral Treatment Eligibility Questionnaire Terms and Conditions.

2.4 Please note that these Terms and Conditions relate only to the legal relationship between you and Ada. The legal relationship between you and Ada Partners may differ according to the applicable terms and conditions of Ada Partners.

2.5 For the applicable terms and conditions of Fireworks.ai, Inc. (“Fireworks AI”), our third party Hybrid LLM provider, please see Fireworks AI Terms and Conditions.

2.6 For the applicable terms and conditions of Microsoft Corporation, Inc. and its product Microsoft Azure (“Microsoft Azure”) our third party FTI LLM provider, please see Microsoft Azure Terms and Conditions. Additionally, for the applicable Code of Conduct of Microsoft Azure, please see Microsoft Azure Code of Conduct.

3. Information we collect about you

3.1. Protecting your privacy and any data relating to you (hereinafter referred to as “Personal Data”) is immensely important to us. For that reason, any of your Personal Data generated by the use of this website and Ada Assess will only be collected, stored and processed by us in compliance with the applicable data protection laws such as the California Consumer Privacy Act (“CCPA”). Please read our Privacy Policy to understand how, and for what purposes, we collect and use your information to provide you with the best possible service.

3.2. You hereby grant us the perpetual, worldwide, transferable, and sublicensable right to use data, which we have anonymized in line with applicable data protection law, in any manner, whether currently known or unknown. You acknowledge and accept that we own all right, title and interest in and to any data derived by us from such anonymized data.

3.3 Please note that the provisions of these Terms and Conditions regarding Personal Data relate only to the legal relationship between you and Ada. The legal relationship between you and Ada Partners regarding Personal Data may differ. Please be sure to carefully review the terms and conditions of the applicable Ada Partners as provided herein and on Ada Partner websites.

4. Ada Assess and its related services

4.1. Ada Assess is an AI software application that uses custom probabilistic reasoning technology on a medical-expert-curated knowledge base to provide Users with health information relevant to medical findings they are currently experiencing. At the end of the health assessment the User is provided with a report that lists such information as the conditions likely to be causing these findings, and actionable next steps (hereinafter referred to as the “Assessment Report”).

4.2. Please be aware that all information that are accessible and provided to you by this website and Ada Assess are solely for information purposes. No information that is presented and that you receive by this website or via Ada Assess constitutes a medical consultation or is intended to replace a medical consultation. The information given to you is NOT a suitable substitute for medical advice obtained from your doctor, general practitioner or other health service provider.

4.3. This website and Ada Assess does NOT provide diagnoses for medical conditions, nor do they prescribe how you are to treat any medical issues you may have. This can only be done by consulting a medical professional (such as a general practitioner).

4.4. Ultimately, if you do have any medical issues related to the information that you entered into this website or Ada Assess, you are responsible for whether or not you decide to consult a medical professional and/or seek medical advice.

5. Large Language AI Models

5.1. For deriving and suggesting possible conditions and their associated likelihoods listed in the Assessment Report, Ada Assess uses an in-house developed AI model as the main decision maker, i.e., a custom probabilistic reasoning technology on a medical-expert-curated knowledge base, and a Large Language AI Model (LLM) as a secondary model. Ada Assess’ AI-based custom probabilistic reasoning technology (Probabilistic Graphical Model, “PGM”) generates insights (the “Output”) based on the data processed on and through the Ada Assess platform, as entered by the User (the “Input”).

5.2. The Third-Party LLM. Ada utilizes the services of Fireworks.ai, Inc., a third party LLM, both to increase User accessibility and for internal AI training. As the User accesses the Ada Assess platform and enters information as Input into the software application, the PGM analyses the information entered by the User and creates a list of possible conditions and their associated likelihood (the “Output”). The Input information of the User and subsequent Output from the PGM is then submitted to a third-party LLM for additional analysis as a way of formulating a “second opinion”, wherein the LLM is instructed to select the most appropriate conditions present in the PGM conditions list to create its own LLM conditions list (the “LLM Output”). The PGM Output and LLM Output are combined into one single list of up to five possible conditions that are then provided to the User (the “Content”) in the form of an Assessment Report.

5.3. If a free text input (FTI) LLM is employed to promote accessibility and User Input accuracy, you will be required to manually type into a text box and describe your symptoms on the Ada Assess platform. In such instances, your entered text is then fed into Microsoft Azure, which will process the text and assist you by identifying potentially medically relevant information like symptoms (e.g. headache) and providing a summary list of your symptoms description (the “FTI Output”). You should review the FTI Output for accuracy and ensure that the symptoms and descriptions provided to you match that which you have intended to enter into the text box. Please edit and remove the provided list of symptoms accordingly. Subsequently, the FTI Output is mapped to Ada Health’s medical knowledge base and the PGM analyzes the information approved by the User and creates a list of possible conditions and their associated likelihood (the Output). This PGM Output is then submitted to a third-party LLM for additional analysis as a way of formulating a “second opinion”, wherein the LLM is instructed to select the most appropriate conditions present in the PGM conditions list to create its own LLM conditions list (LLM Output). The PGM Output and LLM Output are combined into one single list of up to five possible conditions that are then provided to the User (Content) in the form of an Assessment Report.

5.4. Please ensure that when utilizing the FTI LLM features and describing your symptoms in the provided text box, PLEASE LIMIT YOUR DESCRIPTION TO INFORMATION THAT RELATES DIRECTLY TO YOUR SYMPTOMS. DO NOT INCLUDE ANY OTHER INFORMATION ABOUT YOURSELF, SUCH AS YOUR NAME, ADDRESS, TELEPHONE NUMBER, EMAIL, OR SOCIAL SECURITY NUMBER.

6. Creating a User account

6.1. If you use this website or Ada Assess, you may wish to register with us by setting up a User account with a username and password (hereinafter referred to as “User Account”). Registration constitutes a binding offer of the User to be bound by these Terms and Conditions. We may (but are not obliged to) accept this offer by enabling access to our products for the first time via the User Account. We will send you confirmation of registration electronically. By using, accessing or otherwise utilizing this website or Ada Assess, EVEN IF YOU DO NOT SET UP A USER ACCOUNT, you accept, acknowledge and avail yourself to these Terms and Conditions.

6.2. We will save the contractual text of the agreed Terms and Conditions. Beyond this, we do not assume any obligation with regard to the availability of the agreed terms to the User.

6.3. We advise our Users to only use ‘strong’ passwords for their User Account (strong passwords are passwords consisting of a combination of numbers, both upper and lower case letters, and symbols). When you register your User Account or provide us with other information, you are also declaring that the information provided to us is correct and complete. In the event of any change in the information later on, you declare that you will promptly notify us of such changes by updating the information.

6.4. You may be able to access this website, Ada Assess or your User Account directly via one of our products or via an application, through us directly or through an Ada Partner. It may be possible to login to your User Account via an account you hold with a third-party service provider (such as Facebook). If you connect to your User Account through such a third-party service provider, you also grant us access to the use of certain information you have provided to that service provider (e.g. name, date of birth, email address, phone number), if and to the extent permitted by that service provider’s terms and conditions and our Privacy Policy.

6.5. You are responsible for maintaining the confidentiality of your login information and any activity in your User Account. Should you have the suspicion that your User Account may have been misused, you agree to inform us of this immediately by emailing [email protected].

6.6. Please note that any User Account that is registered with us, including all information and data contained therein, may be accessed by the Ada parent company, Ada Health GmbH. By using, accessing or otherwise utilizing the User Account function, you accept, acknowledge and avail yourself to these Terms and Conditions.

6.7. Your User Account credentials to login to your account will be the same across all Ada products (for example, your User Account credentials can be used to access your User Account both via this website as well as through the Ada Health App). Please note that the terms and conditions of other Ada products may differ from these Terms and Conditions.

7. Your right to use Ada Assess and this website

7.1. This website and Ada Assess are our property, the property of Ada Health GmbH or the property of the persons who have granted us the applicable license (this also applies to the third-party software listed on the website). We grant you the right to use these products, materials and content, but only for the purposes of using this website and Ada Assess, for you personally or on behalf of another person always in accordance to these Terms and Conditions. If you use this website or Ada Assess, the products, materials and content contained therein for another person, you remain fully responsible for ensuring that the use on behalf of that person is permitted under privacy and other applicable legal requirements. In particular, you are obliged to collect applicable consent from that person and inform them about our Terms and Conditions and Privacy Policy.

7.2. We grant you the right to personally access and use this website and Ada Assess. You are prohibited from transferring this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access this website and Ada Assess does not preclude us granting other persons the right to access this website and Ada Assess.

7.3. Your right to use the name “Ada” or any trademarks, logos, domain names or other characteristic trademarks whatsoever is limited to the scope defined in these Terms and Conditions.

7.4. In return for your warranty to comply with these Terms and Conditions, we grant you a limited, non-transferable, non-sublicensable, personalized, non-exclusive, revocable right to access and use this website and Ada Assess.

7.5. As the User of this website or Ada Assess, unless such behaviours are appropriately permitted in accordance with these Terms and Conditions you undertake to refrain from the following:

  1. You, the User, agree not to replicate or copy this website or Ada Assess, either in whole or in part.
  2. You, the User, agree not to sell or otherwise make available this website or Ada Assess, either in whole or in part, to anyone else.
  3. You, the User, agree not to modify this website or Ada Assess, in whole or in part, in any way whatsoever.
  4. You, the User, warrant that you will not attempt to discover or access the source code of this website or Ada Assess, in whole or in part, unless it has been expressly published by us and released into the public domain.

7.6. You are aware that we, and/or the persons who have granted us a license in this respect, are entitled to any confidential information, rights of use, of exploitation and of recovery – and any other intellectual property rights fully or partially existing – regarding this website or Ada Assess.

7.7. Feedback/surveys. If you provide feedback, ideas or suggestions, or if you reply to surveys in connection with our services (hereinafter referred as the “Feedback”), you acknowledge that the Feedback is not confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty free and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with the applicable terms and conditions, these Terms and Conditions, our Privacy Policy and any other applicable laws.

8. Your use of this website and Ada Assess

8.1. In addition to the other provisions in these Terms and Conditions, this section defines certain regulations relating to the use of this website and Ada Assess (hereinafter referred to as “Regulations”).

8.2. The following is a list of activities that are prohibited in the context of accessing this website and using Ada Assess. You are prohibited to:

  1. Circumvent, disable, or otherwise manipulate any security features or any features preventing or restricting the use or copying of the content that is available via this website or Ada Assess,
  2. Create multiple User Accounts for this website or Ada Assess (however, as far as functionality allows it, you may link your social networks or other accounts supported by us with the User account),
  3. Provide false or misleading information in the User Account details,
  4. Use this website or Ada Assess if we have temporarily suspended your right of use, or forbidden you to continue using it,
  5. Send junk mail, spam or repeated messages,
  6. Act in any unlawful or illegal manner,
  7. Modify, interfere with, hack or disrupt this website or Ada Assess, or to intercept messages,
  8. Misuse the this website or Ada Assess or to infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm this website or Ada Assess or any other user of this website or Ada Assess,
  9. Extract data from this website or Ada Assess except as permitted under these Terms and Conditions,
  10. Post or contribute any abusive, threatening, obscene, misleading, untruthful, or offensive content, or content that contains any form of nudity or violence, and
  11. Enter information or comments about any third-party without the consent of the third-party concerned.

8.3. The non-compliance with the Regulations listed in paragraph 8.2 represents a material breach of these Terms and Conditions, and may result in us, at our sole discretion, initiating the following measures – either individually or in combination:

  1. The immediate, temporary suspension or permanent withdrawal of the right to access this website or Ada Assess,
  2. A warning being sent to you,
  3. Initiation of legal proceedings against you, including a claim for reimbursement of any costs and expenses incurred due to the breach of agreement (including reasonable administrative costs and legal fees), and moreover
  4. Disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary.

8.4. The reaction to a breach of agreement committed by you is not limited to the actions described in the preceding paragraph 7.3, i.e., we are entitled to take any further action in accordance with these Terms and Conditions and/or statutory law.

9. Termination of our contractual relationship

9.1. In the event that you feel that you can no longer agree to the present Terms and Conditions or the Privacy Policy, at any time, you agree to stop using this website, Ada Assess and your User Account immediately.

9.2. You are entitled to stop using this website, Ada Assess and your User Account at any time and to terminate your agreement with Ada, if you do not agree with the changes to the features of this website, Ada Assess and/or your User Account or these Terms and Conditions we proposed. Please follow the instructions on this website or Ada Assess to deactivate your User Account.

9.3. If we choose to terminate your agreement with us we will provide you with two weeks‘ notice.

9.4. Either party’s right to terminate the agreement for cause remains unaffected. Cause that entitles us to terminate the agreement may be, in particular but not exclusively, your violation of the material contractual provisions (in particular paragraph 8.2) and if, due to external circumstances, it can be assumed that you are making improper use of our services. If good reason exists, we are furthermore authorised to block your access to this website and Ada Assess, without any notice, and provided that no other less severe measure is effective.

9.5. If you or we deactivate your User Account as described in this paragraph or withdraw your right to access this website or Ada Assess, we will delete any Personal Data stored about you in accordance with our Privacy Policy (and as stipulated in the applicable statutory provisions), provided that our rights to use such data in anonymized form pursuant to section 3.2 remains unaffected. You also lose the right previously granted to you to access this website or Ada Assess.

10. Limitations

10.1. Any information on the symptoms or other health information provided by you that is made available to you via this website or Ada Assess is for information purposes only. The information is made available by Ada or Ada Health GmbH as is, without warranty, guarantee or representation of any kind.

10.2. You should not take any action based on the information provided this website or Ada Assess without consulting a doctor or other medical professional first.

10.3. Ada does not guaranty accuracy of any output generated by the Ada PGM or third party large language AI models (the “AI Feature”) in our product. Given the probabilistic reasoning , and the nature of AI, use of our AI Feature may in some situations result in incorrect output that does not accurately reflect the action generated. You shall evaluate the accuracy of any output and shall not rely on Ada to do so.

10.4. Due to the nature of the internet and the given technology, we are unable to promise that you will be able to use this website or Ada Assess at all times without any interruption and without delay or faults, or that this website or Ada Assess will at all times meet your expectations. We can therefore assume no obligation with respect to the performance or availability of this website or Ada Assess in these present Terms and Conditions. We expressly exclude any strict liability that may be applied by enforcement of law due to defects of this website or Ada Assess existing at the time the agreement on the use of this website and Ada Assess between you and us was concluded.

10.5. NO WARRANTIES. USE OF THIS WEBSITE AND ADA ASSESS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE USE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE OR ADA ASSESS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ADA, ANY AFFILIATED ADA ENTITY (INCLUDING ADA HEALTH GMBH), THEIR PROCESSORS, PROVIDERS, LICENSORS, MANAGERS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY, "ADA PARTIES") DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE OR ADA ASSESS WILL MEET YOUR REQUIREMENTS; THAT THIS WEBSITE OR ADA ASSESS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS WEBSITE OR ADA ASSESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE THIS WEBSITE OR ADA ASSESS IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. ADA MAKES NO WARRANTIES REGARDING OUR THIRD PARTY BUSINESS PARTNERS, INCLUDING FIREWORKS AI AND MICROSOFT AZURE, WHOSE OWN TERMS AND CONDITIONS APPLY TO ADA PRODUCTS INCORPORATING THEIR SERVICES.

10.6. LIMITATION OF LIABILITY AND DAMAGES. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR ADA ASSESS IS TO STOP USING THEM. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF ADA, ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ADA ASSESS. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, STATUTE, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

10.7. IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THESE TERMS AND CONDITIONS, THE AI FEATURE IS PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS. ADA AND THE APPLICABLE THIRD-PARTY LLM PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI FEATURE, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI FEATURE. ADA SHALL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI FEATURE OR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT.

11. Third-party services

11.1. If, and to the extent that, this website or Ada Assess contains links to other websites or resources operated by third parties, these links are to be deemed as being provided for your information only.

11.2. We are unable to influence the content of such websites or resources provided by third parties, and we may not be held liable for the content of information or websites linked included in frames. We may not be held liable for any financial or physical damages that you may incur as a result of, or in connection with, the use of such websites or resources.

11.3. Where Ada Assess is only available via websites/apps of Ada Partners, the use of Ada Assess is dependent on the accessibility of these websites/apps. You are aware that these Terms and Conditions apply to the contractual relationship between you and Ada, not to your contractual relationship with the Ada Partners.

12. Ada Assess and website updates

12.1. We are constantly updating and improving this website and Ada Assess (including your User Account). We constantly strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviours and the way in which people use the internet.

12.2. We reserve the right to change a specific aspect of a specific feature by updating this website and Ada Assess or the functionality of the User Account, resetting that feature and suspending the service or support for that feature. These changes may affect your activities regarding the use of our products. Changes may include the removal, modification or reset of the features you use. We will inform you of the changes and your rights in the case of changes by separate notification, to the extent you have signed up for such notifications (see paragraph 12.3.), and to the extent that you are not accessing this website and Ada Assess or your User Account via an Ada Partner.

12.3. Updates may be released from time to time by us or third parties that are necessary for the usability of this website and Ada Assess or your User Account. With this regard it may be necessary for you to update third-party software.

13. Changes to these Terms and Conditions

13.1. We have the right to amend, adapt or supplement the present Terms and Conditions from time to time. The current version of the Terms and Conditions can be found on our website (ada.com).

13.2. We will contact you to notify you of any changes or additions to these Terms and Conditions at least 30 calendar days before any changes or additions to these Terms and Conditions take effect. If you do not object within 30 days of receipt of notice, such changes and additions will be regarded as effective and agreed upon from the deadline onward. We will inform you of your right of objection and the consequences of the objection in our notice of changes to the Terms and Conditions. If, in the event of your objection to the amendment within the agreed timeframe, it is legally, economically or technically unreasonable for us to continue the provision of the services contained in these Terms and Conditions, we are entitled to terminate the agreement no earlier than the effective date of the amendment set forth in the notification. Any other right of termination remains unaffected. This Paragraph 13.2 will not apply to Users who access Ada Assess or their User Account via an Ada Partner.

14. Documents governing the contractual relationship between you and us

The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply to our contractual relationship and are entirely replaced by the current version.

15. Applicable legislation and jurisdiction

15.1. Our headquarters are located in New York City, New York, United States of America. The agreement concluded on the basis of these Terms and Conditions is subject to the laws of New York.

15.2. You hereby agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms and Conditions or your usage of this website or Ada Assess (including your User Account) shall be brought in the Courts of New York, New York. You hereby irrevocably waive, in any such suit, action or proceeding, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.

15.3. If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. "Disputes" between you and Ada, including affiliates of Ada, are defined for the purposes of these Terms and Conditions to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Ada, including, but not limited to, any claims relating in any way to these Terms and Conditions (including its breach, termination, or interpretation), any other aspect of our relationship and Ada advertising.

16. Miscellaneous

16.1. In instances where we are legally permitted or required to contact you, you consent to us communicating with you by electronic means (such as by email).

16.2. We may send you notices electronically to the email address you provided at the time you signed up for a User Account for the use of this website or Ada Assess, or via other electronic means on the website when available.

16.3. The failure to enforce our rights must not be construed as a waiver of such rights.

16.4. Should any provision in these Terms and Conditions be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.

16.5. Only the contracting party itself has the right to enforce contractual provisions.

17. Contact

If you would like to contact us in regard to the present Terms and Conditions or any other document mentioned in them, please email us at [email protected].