Definitions
The following capitalised terms shall have the meanings assigned to them below:
Account – the individual account which allows Users and Experts access to the Services and Subscriptions;
Suun, we, or us – Suun Health OÜ, a company registered in Estonia, registry code 16497362, address Marati tn 5/1, Tallinn 11712, Estonia, and/or Suun Health GmbH, a company registered in Germany, registry code HRB 265523 B, address Fontanepromenade 15, 10967 Berlin;
Suun App – the mobile application provided by Suun via the Google Play store and the Apple App store;
Suun Website – the website of Suun with its domain suunhealth.com and its subdomains and related domains;
Expert – a person providing services to Users;
Health Report – a document containing aggregated and summarised User health data;
Services – the information society services (e.g. subscription to livestream classes) and in-person services (e.g. well-being services) provided by Suun;
Subscriptions – payment-based access to digital content and in-person Services;
Terms – these Suun terms of service, its annexes, the privacy policy and any other documentation, guidelines, and other documents provided by Suun for the usage of Services and Subscriptions;
User or you – an individual user of the Services and Subscriptions as a client of Suun.
Scope of these Terms
These Terms apply to all Services and Subscriptions purchased through the Suun Website or Suun App. They also apply to Gift cards, whether purchased online via Suun Website or Suun App, or physically at our designated locations.
Signing Up, Account, and User Access
In order to use the Services and Subscriptions, it is a prerequisite that you possess the full legal capacity and have attained the minimum age of 18 years. It is important to note that the Services and Subscriptions are solely intended for consumer use. A consumer, as defined by law, is a natural person who engages in legal transactions for purposes that are not primarily related to their commercial or self-employed activities. The use of Services and Subscriptions for any commercial purposes (e.g. resale) is strictly prohibited.
We reserve the right to modify or terminate any Services and Subscriptions provided on the Suun Website or Suun App without prior notification. We reserve the right to restrict access to some or all areas of Suun Website or Suun App on an intermittent basis. We shall not be held liable in any event or circumstance for the unavailability of Suun Website or Suun App during any period.
Use of the Services
Using the Services as a User entails access to features on Suun Website and Suun App. Some features may be available only to Users who have signed up and have an Account. Furthermore, some features may be available only to Users with an active (paid) subscription to the respective Services. If the Account or the Subscription are terminated or have expired, the User will lose access to those features.
We are providing the Health Report generation feature, allowing the User to enter health data via the user interface. Suun App thereafter uses automated decision-making processes to analyse the health data entered by the User to visualise and aggregate the data, and to provide feedback, recommendations, guidelines, and Health Reports.
The Health Reports are generated based on the health data entered by the User. Suun may also use third-party data to improve the accuracy of the Health Reports. As a User, you agree that:
the content of the Health Report depends on the User data, and, if the User provides incomplete, inaccurate or outdated information, the Health Report may be erroneous as a result. Suun disclaims all liability for User-entered information;
Suun may use automated decision-making tools to produce Health Reports based on existing content and data, which may or may not be accurate, complete, and up-to-date;
Health Reports are products of automated processes and may contain inaccuracies, omissions, or misleading information. Suun is providing the Health Reports “as-is” with no guarantees of accuracy, reliability, or truthfulness;
relying on or making decisions based on the Health Reports is at the sole risk and discretion of the User. Always exercise discretion, verify critical information, and consult a professional before making decisions on the Health Reports. Suun does not provide professional health advice or health care services and is not responsible for any loss or damage incurred from actions taken based on the Health Reports.
Sharing health data to Suun is based on consent (GDPR art. 9 (2)(a)). Please read our Privacy Policy for further information.
Content recommended and made available to Users based on information entered via Suun Website or Suun App may not always be the most relevant to the User.
Since access to the Services depends on the availability of the Experts, Suun does not guarantee that offers for the Services will always be available.
We may ask you to fill out a feedback form. This enables us to offer suggestions to the Experts for improving the quality of the Services.
We expect that you use the Services in good faith and be respectful of the Experts who offer their service. Suun retains the right to close your Account if you have violated the Terms or if your activities are malicious, i.e., withholding payment for the provision of the Services, fraud, being disrespectful towards the Experts, etc. In these cases, your access to the Services may be revoked without prior notice.
Suun makes every effort to ensure that only Experts with professional integrity, respect for their profession, and consideration for Users provide the Services. However, we cannot guarantee that every Expert will always meet these standards. If you encounter Services that you find objectionable, please report it to the Expert providing the Services and our customer support team.
Subscriptions
Subscriptions purchased through Suun App may be paid for via Google Pay or Apple Pay. Please review the specific conditions in your Google Play or Apple App Store account before subscribing. Subscriptions are subject to change from time to time, and the current details will be displayed in your Google Play or Apple App Store profile.
You will be charged a recurring subscription fee when you activate the Subscription. You will be charged at the beginning of each subscription auto-renewal. The subscription auto-renewal depends on the date of your initial purchase as well as the period, whether monthly or yearly.
You authorise Suun and/or its affiliates to charge a subscription fee to your selected payment method at the start of your subscription period as well as for each subsequent billing cycle at the moment of auto-renewal until you cancel the subscription. Suun is not responsible for any card payment and any overdraft fees you may incur. Please note that in case your payment methods available in Suun App are declined or payments fail in other ways, Suun is authorised to cancel the Subscription, which will expire at the end of a billing cycle.
In case the Subscription significantly changes and/or the Subscription fee increases, we will notify you about this in advance of the next auto-renewal.
You may cancel the Subscription through your Google Play or Apple iCloud/App Store account settings prior to the end of the billing cycle to make sure that the Subscription does not auto-renew. When you cancel your ongoing Subscription, the termination becomes effective at the end of the billing cycle, and you will continue having access to the Subscription until the end of the current billing cycle the auto-renewal will not occur until you re-subscribe again. The fee is non-refundable, meaning cancellation of your ongoing subscription will not result in any refunds.
In-App Purchases
In addition to Subscription, User may book Services, such as classes, lectures and other well-being services offered through Suun App for an additional fee. The applicable fees for Services will be displayed in Suun App prior to booking. By confirming a booking, the User agrees to pay the displayed fee. All applicable taxes will be included where required by law.
Payments for these Services shall be made through the payment methods made available in Suun App at the time of booking. You are responsible for ensuring that the payment is made and that sufficient funds are available at the time of booking.
Suun is not responsible for possible third-party payment costs (e.g., mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with Services. Suun is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
Gift Card Purchases
Gift cards can be purchased electronically through Suun website or Suun App, or physically at our designated locations, which are listed on Suun website. Payment must be made via the available payment methods at the time of purchase.
Electronic gift cards are delivered electronically to the purchaser or the recipient via email.
Gift cards are activated upon successful payment and are ready for use immediately.
Gift cards cannot be combined with other discounts or promotions unless explicitly stated. Each gift card can only be used once or until the remaining balance is zero.
Gift cards are valid for 12 months from the date of issuance. Any unused balance after the expiration date will no longer be valid.
Gift cards are non-refundable and cannot be exchanged for cash.
If you purchase a gift card through Suun Website or Suun App (distance contract), you have the right to withdraw from the purchase within 14 days from the date of delivery of the gift card, without giving any reason, and receive a full refund.
The right of withdrawal does not apply if the gift card has already been used in whole or in part or the gift card relates to a specific dated Service or event.
Gift cards purchased at our physical points of sale are not subject to the statutory 14-day withdrawal right.
Cancellation Policy
We understand that unforeseen circumstances may arise or you may fall ill unexpectedly. However, this policy is necessary to allow Suun to allocate Experts' time effectively and to maintain the availability of Services for all Users. In order to balance flexibility for Users with the efficient scheduling of our Experts, the following cancellation policy applies.
If the User wishes to cancel the booking, it must be done at least 24 hours before the scheduled start time. Cancellations made with less than 24 hours’ notice will be subject to a charge of 100% of the original booking fee.
Users who are unwell or suffering from an infection are requested not to attend in-person services, in order to protect the health of Experts and other Users. In such cases, the cancellation policy under Section 8.2 will continue to apply.
By purchasing the Services or Subscriptions, you acknowledge and agree that you do not have a 14-day right of withdrawal from the purchase because it is digital content or services related to leisure activities (VÕS § 53 (4) points 71 and 72).
Support and Updates
Suun is not obligated to provide support or maintenance for the Suun Website or Suun App under the Terms. However, Suun may, at its sole discretion, offer limited technical support for the Suun Website or App. You acknowledge that the Suun Website and Suun App are continuously evolving. While your access right to the Suun Website and Suun App remains valid, you are entitled to receive any upgrades or updates.
Any upgrades or updates to the Suun App provided to you shall be subject to the terms of a license exchange. By utilizing any upgrade or update, you agree to terminate your right to use any prior version of the Suun App. Suun may issue licenses for upgrades or updates to you with additional or alternative terms. In order to utilize the Suun Website and/or Suun App, you may be required to update third-party software and/or upgrade your equipment from time to time.
Intellectual Property
You acknowledge that all intellectual property rights, as defined under applicable laws, in and to the Services and Subscriptions, including but not limited to its future modifications, improvements, updates, and upgrades, are the property of Suun or Suun uses such rights under a licence.
If the data provided by you for generating any content such as Health Reports constitutes a database, the database rights remain with Suun and you waive all title and interest to database rights related to the content. Suun does not verify third-party (incl. your) data and is not responsible for any inaccuracies, omissions, or misleading information contained in third-party data.
Suun hereby grants You a limited, non-exclusive, non-transferable license, subject to these Terms, to access and use the summarised content solely for viewing, accessing, and sharing via the Services and Subscriptions and other approved purposes as permitted by Suun from time to time. So long as the summarised contents or parts thereof are protected by intellectual property rights, all rights, titles, and interests in the summarised content are exclusively the property of Suun and/or third-party content providers. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Services and Subscriptions in whole or in part, except to the extent possible under applicable laws.
Any third-party content or content that is provided via third-party links is subject to separate terms and conditions, which Suun is not responsible for. Using third-party content may be subject to copyright or any other restrictions, which Suun is not responsible for. If you would like to use (copy or make available online) third-party content provided via the links, you have to contact the third party directly.
Livestream Services
The Services may be delivered in real time via electronic means. The User is responsible for ensuring adequate internet connectivity, compatible devices, and a safe environment for participation.
Using livestream Services (such as participating in livestream classes) is voluntary and at the User’s own risk. Suun shall not be liable for injuries or health issues arising from participation. Users are responsible for assessing their own physical condition and, if necessary, consulting a physician before participation.
Livestream services are for personal use only. You may not record, reproduce, distribute, or publicly share any part of a livestream Services without prior written consent of Suun.
Suun shall have the unrestricted right to record live classes, store such recordings, and use them, in whole or in part, for distribution on Suun Website or Suun App, social media channels, marketing materials, and other communication channels.
You acknowledge that any personal data contained in live class recordings during livestream Services will be processed in accordance with Suun’s Privacy Policy and applicable data protection laws, including the GDPR, with the legal basis for such processing being the performance of these Terms (Article 6(1)(b) GDPR).
AI Assistant Policy
Our website features an AI-powered technology designed to provide information about Suun’s Services and general wellness guidance to Users. Use of AI features is not mandatory, and you may disable them.
THE AI RESPONSES ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD NOT RELY SOLELY ON THE AI FOR ANY HEALTH-RELATED DECISIONS AND SHOULD ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY MEDICAL CONCERNS OR HEALTH CONDITIONS. Suun IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
Suun will not use any identifiable data (including personal data), contents, or information that the User provides, uploads, or submits to the AI services or that the AI services otherwise access, collect, or process from the User’s account (input data) to generate output data or provide the AI services. Suun will not use input or output data to train generalized AI models. Aggregated or anonymized usage data may be used only to improve Services.
Suun may use services from third-party AI providers (e.g. OpenAI) as sub-processors to provide the AI services. The User acknowledges that any output may be generated partly or wholly by third-party AI providers. Suun disclaims liability for acts or omissions of third-party AI providers, subject to the limitations in these Terms.
By using the AI feature, you acknowledge and agree that Suun is not responsible for any reliance on, or actions taken based on the AI responses. You are responsible for the actions, decisions, and the use of input and output data, including compliance with applicable laws and these Terms.
The AI feature may collect and process information you provide in accordance with our Privacy Policy. You should avoid entering sensitive personal data unless necessary.
User retains all ownership rights in the input data. The ownership rights to the output are assigned to User to the extent legally possible, subject to third-party rights. Suun retains ownership of and reserves all rights in the AI models, systems, improvements, derivative works and feedback provided by the Client.
The AI-powered features operate on probabilistic models and may generate output that is inaccurate, incomplete, or otherwise unreliable. Suun provides an AI feature “as is” and is not liable for errors, defects, or any failure. Suun reserves the right to limit, modify, or discontinue the AI services at any time.
Medical Disclaimer
The use of Services and Subscriptions is at your own risk. Suun Website and Suun App are designed to provide general educational information and health-related resources. The information provided on Suun Website and Suun App is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding a medical condition. The information provided on Suun Website and Suun App is not intended to be used for medical diagnosis or treatment. Suun Website and Suun App are not medical devices and are not to be construed as such within the meaning of applicable laws. Suun Website and Suun App are not intended to diagnose, treat, cure, or prevent any medical condition. The content of Suun is provided "as is" and without warranties of any kind, either express or implied. Suun does not warrant or make any representations regarding the use or the results of the use of the information on Suun Website and App in terms of their correctness, accuracy, timeliness, reliability, or otherwise. By using Suun Website and App, you agree that Suun is not responsible or liable for any decision made or action taken by you or anyone else in reliance upon the information provided. Suun shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of Suun Website and Suun App.
You are responsible for getting your doctor's approval before attending Services, doing any exercise or taking any advice that we give. In the case of Services or Subscriptions related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.
If you have a medical emergency, call your healthcare provider or emergency services immediately. Do not rely on Suun or any other digital health tool for emergency medical treatment.
Content Disclaimer
Suun Website and Suun App offer a diverse range of content, including but not limited to, information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials. Suun and its suppliers provide some of the content. Although Suun endeavours to keep the content posted on the Suun Website and Suun App accurate, complete, and up-to-date, Suun is unable to guarantee and shall not be held responsible for the accuracy, completeness, or timeliness of any content, whether provided by Suun or its suppliers.
Content available through Suun Website and Suun App is provided with the understanding that neither Suun nor its suppliers or users are engaged in providing medical, counselling, legal, or any other professional services or advice. This content is solely intended as a general educational aid and is not intended to provide medical or healthcare advice, nor is it intended to be utilized for medical diagnosis or treatment for any individual problem. Furthermore, it is not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique circumstances.
We take great care to ensure that the information available on Suun Website and Suun App is clear, impartial, and not misleading as of the publication date. However, we do not claim that the information is wholly objective, and it should not be viewed as such. The information on Suun Website and Suun App is based on sources that we believe to be reliable, but we provide no guarantee that it is accurate or complete. Suun cannot and does not guarantee the accuracy, validity, timeliness, or completeness of any information or data made available to you for any specific purpose or in general.
Any opinions expressed in the content are subject to change without notice, and Suun is under no obligation to report or maintain the accuracy of the information provided.
Disclaimer of Warranties
THE SERVICES AND SUBSCRIPTIONS ARE PROVIDED ON AN “AS IS” BASIS AND, OTHER THAN EXPRESSLY SET OUT IN THE TERMS, WITHOUT WARRANTIES OF ANY KIND. SUUN DOES NOT WARRANT THAT THE SERVICES OR SUBSCRIPTIONS WILL BE ERROR-FREE AND UNINTERRUPTED, NOR DOES SUUN GIVE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
SUUN DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES AND SUBSCRIPTIONS. WHILE SUUN STRIVES TO PROVIDE USEFUL AND ACCURATE INFORMATION, YOU ARE ADVISED THAT THE CONTENT AVAILABLE THROUGH THE SERVICES AND SUBSCRIPTIONS, INCLUDING BUT NOT LIMITED TO DATA, TEXT, GRAPHICS, AND LINKS, MAY CONTAIN INACCURACIES OR ERRORS.
SUUN IS NOT A PROFESSIONAL HEALTH ADVISOR. SUUN ONLY PROVIDES A PLATFORM WHERE USERS CAN ORDER CERTAIN SERVICES FROM INDEPENDENT EXPERTS. ANY CONTENT MADE AVAILABLE THROUGH THE SUUN WEBSITE OR SUUN APP IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND MUST NOT BE CONSIDERED MEDICAL ADVICE. THE INFORMATION PROVIDED MAY DEPEND ON THE DATA YOU SUBMIT TO SUUN, AND THEREFORE SUUN MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SUCH INFORMATION.
SUUN DOES NOT PROVIDE PROFESSIONAL HEALTH ADVICE AND SHALL NOT BE RESPONSIBLE FOR ANY PECUNIARY OR NON-PECUNIARY DAMAGES ARISING FROM ACTIONS TAKEN BASED ON INFORMATION YOU RECEIVE FROM AN EXPERT.
Limitations of Liability
UNLESS EXPLICITLY STATED OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUUN, ITS EMPLOYEES, PARTNERS, AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR SUBSCRIPTIONS .
Without limiting Section 16.1, the liability of Suun shall be strictly limited to damages arising directly from its own gross negligence or wilful misconduct. Suun shall not be liable for any acts, errors, or omissions that do not constitute gross negligence or wilful misconduct as defined under applicable laws.
You understand and agree that Suun will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from actions or omissions not directly attributable to Suun:
actions or omissions of any User, Expert, or any other third party service provider providing their services via or through Suun Website or Suun App;
accuracy of the content provided to you via the Services or Subscriptions;
your use or inability to use the Services and Subscriptions;
any modification, price change, suspension, or discontinuance of the Services or Subscriptions;
the software or systems that make Services and Subscriptions available;
unauthorised access to, alterations, or transmissions of your data.
Suun will have no liability for any failure or delay due to matters beyond the reasonable control of Suun. However, the maximum aggregate liability of Suun under any circumstance shall not exceed EUR 200.
Term and Termination
These Terms become legally binding once you sign up and Suun grants you access to the Services and Subscriptions.
These Terms shall remain in force throughout the period of your use of the Services or Subscriptions.
Suun may terminate the provision of Services or Subscriptions if we believe you are violating these Terms.
Privacy
Certain personal and other information that Suun collects, processes, and shares is subject to its Privacy Policy.
Final Provisions
Suun reserves the right to modify or discontinue, temporarily or permanently, the Services or Subscriptions (or any part thereof) with or without notice. Continued use of the Services or Subscriptions after any such changes shall constitute your consent to such changes.
Suun retains the right to amend these Terms from time to time. In case of a material change in the Terms, Suun shall notify you 30 days prior to the material change taking effect.
These Terms and any access to or use of the Services and Subscriptions are governed by the laws of the Republic of Estonia, except for the conflict of laws rule.
You agree that any lawsuit arising from or related to these Terms and/or the Services and Subscriptions shall be brought exclusively to Tallinn courthouse in Harju County Court and you consent to the exclusive jurisdiction of the court. If you are a consumer under the applicable law, the above-mentioned jurisdiction applies only in the case we cannot ascertain your location of residence at the time of submitting a claim. Under all other circumstances, jurisdiction for consumers shall be governed by the applicable international laws.
If you are a consumer and you fail to resolve a dispute by reaching an agreement with Suun or the Expert, you have the right to turn to the Consumer Disputes Committee. The procedural rules can be examined and an application can be filed here. The Consumer Disputes Committee is authorised to resolve disputes arising from these Terms. Your complaints are reviewed by the Committee free of charge. You may also turn to the Online Dispute Resolution platform of the EU.
Contact Us
If you have any questions or concerns regarding these Terms, please contact us at hello@suunhealth.com.