Terms & Conditions

Last updated Dec, 2024

The mobile/website application Sustain Health (hereinafter referred to as the "App" or "Application") is owned and operated by Sustain Health ME - FZCO. 

For the purposes of these Terms of Use, including any amendments made hereafter, "You" or "User" refers to any individual or entity who has agreed to use the Application. The terms "We," "Us," and "Our" refer to Sustain Health. "Agreement" refers to these Terms of Service and any subsequent amendments. "Third Party" refers to any individual, company, or entity not associated with the User or Sustain Health. The App refers to the entirety of the Sustain Health Platform (app, website, services provided off the app). "Experts" refers to any wellness coach or lifestyle guide available on the App for providing non-medical, wellness and lifestyle advice     . The headings used throughout this Agreement are for organizational purposes only and should not be used to interpret the provisions contained within. These headings do not hold any legal or contractual significance.     

Agreement

By using the App, You acknowledge and agree to be bound by this Agreement, including the Privacy Policy, and any applicable rules, guidelines, policies, terms, and conditions related to the services provided by the Application. This includes any Terms and Policies provided on the website, which are considered part of this Agreement. Your continued use of the App signifies that you have read, understood, and agreed to these Terms of Service and our Privacy Policy. Please review these terms carefully. If you do not agree with any part of these terms, please cease using the App immediately.

Sustain Health reserves the right to modify these Terms of Service at any time, without requiring prior consent or notification to you. It is your responsibility to regularly review the Terms of Service to stay informed about any changes. If you continue using the App or its services after such modifications, it will be considered as your acceptance of the updated policies. Your continued use of the Application is contingent upon your compliance with the Terms of Service, including any changes made thereafter.

Eligibility Criteria And User Obligations

As a user of Sustain Health, you agree to fulfill the following obligations. Failure to comply may result in the suspension or termination of your account and/or legal action to recover damages or additional costs incurred by Sustain Health.

  1. Eligibility Certification: You confirm that you are a woman aged 18 years or older. Violations of this condition may result in legal consequences.
  2. Legal Compliance: You agree to adhere to all applicable laws and regulations related to downloading, installing, and using the Application, including any specific terms outlined in this Agreement.
  3. Minor: No minor is allowed to use this app. 
  4. Accurate Information: You confirm that all registration details you provide are truthful and accurate and agree to update them as necessary to maintain accuracy.
  5. Personal Use Only: The Application is for your personal, non-commercial use. Any other use of the platform or its content is strictly prohibited.
  6. Limited Role of Sustain Health: Sustain Health does not provide healthcare, medical advice, or diagnosis. The platform solely provides educational resources and wellness and lifestyle coaching. 
  7. Feedback Guidelines: Users may provide feedback about their experiences with Experts but must do so in accordance with applicable laws. Sustain Health is not obligated to act on user feedback, including requests to delist Experts.
  8. Passwords: You are solely responsible for selecting a secure password and keeping it, along with any other login information (e.g., your username), confidential. Your login information is non-transferable, and no other individual should access the app using your login credentials. The content on the app is personalized for you as an individual user and may not be suitable for others.

When setting your password, we recommend:

  • Using passwords longer than 8 characters, such as by combining three random words.
  • Avoiding the use of the same password across multiple accounts.
  • Using a password manager to securely store your password.

If you become aware of or suspect unauthorized access to your account, you must notify Sustain Health immediately by emailing care@sustain.health. Sustain Health is not responsible for any loss, damages, liabilities, expenses, or attorney fees arising from unauthorized access or use of your account.

By using Sustain Health, you acknowledge and agree to these terms as part of your continued access to the Application and its services.

Restrictions On Use

To access and fully utilize the services offered by the Sustain Health Application, you must download the app from the Apple App Store and complete two-factor authentication (2FA).

Without limiting the foregoing, you are ineligible to register for, use, or benefit from the services provided on the Application if you are unable to enter legally binding agreements under UAE law, including but not limited to the Federal Law No. 5 of 1985 (Civil Transactions Law). Furthermore, you must be capable of providing valid consent in compliance with UAE’s data protection and privacy regulations, such as Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data.

In addition to the above, you may not use this Application for any purpose that is unlawful, prohibited by these Terms, or in violation of any applicable laws and regulations in the UAE. Your access to this Application may be terminated immediately, at our sole discretion and without prior notice, if you fail to comply with any provision of these Terms or applicable additional terms, or for any other reason, including no specific reason.

Sustain Health’s Role And Services 

By using Sustain Health, Users acknowledge and accept that the App is designed to provide access to wellness coaching and educational resources specifically for women, supporting them in making informed lifestyle and well-being decisions.

The information provided on the Application is for informational purposes and personal use only. Sustain Health does not make any guarantees, representations, or warranties, whether express or implied, regarding the qualifications, quality of work, expertise, or any other information related to Experts displayed on the Application. IT IS IMPERATIVE TO UNDERSTAND THAT SUSTAIN HEALTH DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSES, OR PRESCRIPTIONS. UNDER NO CIRCUMSTANCES SHALL SUSTAIN HEALTH BE LIABLE TO YOU OR ANY OTHER PARTY FOR DECISIONS OR ACTIONS TAKEN BASED ON THE INFORMATION ON THE APP. THE APPLICATION IS NOT INTENDED TO BE A SUBSTITUTE FOR EMERGENCY MEDICAL CARE OR TO REPLACE YOUR PRIMARY CARE PROVIDER. 

Online Sessions

Online sessions include, but are not limited to chat features, appointments with health coaches, communication with professionals affiliated with Sustain Health (both on and off the platform), workshops, and interactive question-and-answer sessions. Sustain Health’s online sessions are designed to provide general support and guidance     who are available to assist with lifestyle changes and health education. However, these sessions are not a substitute for medical diagnosis, treatment, or management, and should not replace in-person medical consultations.

Important Notice on Medical Emergencies:

  • Online sessions should not be used for medical emergencies, such as accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases, or other critical conditions.
  • In the event of a Medical Emergency—defined as a serious and unexpected situation involving illness or injury that poses an imminent threat to life and requires immediate medical attention—please call emergency services or visit the nearest hospital.

Nature of Online Sessions:

  • These services are provided solely with the User’s express consent and are intended for general wellness coaching and health education purposes only.
  • Any recommendations are based on preliminary information provided by the User and are not definitive or conclusive. Health coaches and wellness expertExperts may adjust their recommendations if additional information is provided in subsequent sessions.

Communication Guidelines:

  • All communication with health coaches and wellness experts must occur exclusively through the Sustain Health platform.
  • Users should refrain from relying on external communication channels for interactions, including sharing images or videos, to ensure privacy and accuracy.

Limitations of Service:

  • Sustain Health’s health coaches and wellness experts are here to guide and support you in achieving better health through lifestyle changes, but they do not provide medical diagnoses or manage specific health conditions.
  • If further medical attention is required, you will be advised to seek care from an appropriate healthcare provider in a clinical setting.

Online sessions are not designed for urgent or life-threatening situations and should not replace the expertise of emergency healthcare professionals

Subscription and payment options

The Sustain Health Application provides Users with the option to subscribe to ongoing wellness coaching services or to utilize a pay-as-you-go model. By selecting a subscription service, Users agree to the terms and conditions specific to that service, which will be presented to them at the time of purchase. These terms will detail the subscription period, payment obligations, and any renewal details.

Users opting for the pay-as-you-go option will have the opportunity to purchase individual sessions with wellness experts as needed, without the commitment of a subscription. Payment for these sessions will be required at the time of booking, and all transactions will be processed securely through the payment methods made available on the App.

Please ensure you review and understand the specific terms applicable to your chosen service before proceeding with any purchase. All payments are subject to the terms outlined in the "PAYMENTS, ACCURACY OF BILLING AND ACCOUNT INFORMATION" section of this Terms of Service.

Payments, accuracy of billing and account information

You agree to provide current, complete and accurate purchase and account information for all purchases made at the Application. You agree to promptly update your account and other information, like your email address, so that we can complete your transactions and contact you as needed.

All payments for services on the Sustain Health Application must be made upfront. While payment plans such as 3-month and 6-month options are available, these plans are facilitated through a third-party provider and require payment scheduling updates by the customer to prevent any disruptions.

All payments for the purchased products must be made using the payment methods made available on the App.  We have partnered with secure payment gateways whenever required to complete a transaction. Our App does not have the capability to directly interfere with the payment gateway mechanism. We have no access to the information that you may enter for making the payment through the payment gateway. We do not endorse the working of the payment gateway, nor are we liable for any failure of products or services offered by such payment gateway. Such payment gateway may have a privacy policy and Terms of Service policy different from that of ours. All failures, errors and omissions of the payment gateway shall be solely on the payment gateway.

Payment Responsibility (for EMI) We may offer various payment plans, such as 3-month and 6-month options, facilitated through a third-party provider. These plans will be processed automatically as scheduled. It is the customer's responsibility to update their payment details, such as card information, to prevent any disruptions. Payment issues, including disputes, are solely between the customer and the third-party provider; Sustain Health is not responsible for resolving these disputes.

Customers are responsible for all payments made through third-party EMI providers. Sustain Health is not liable if services are discontinued. b. Refunds for EMI cancellations will be processed according to our policy, but customers should verify how cancellations might affect their EMI terms with their bank. c. Sustain Health does not participate in the approval or management of EMIs and is not liable for any related disputes.

Refunds, Cancellations, Disputes, And Chargebacks

  1. No cancellations or refunds are allowed on Sustain Health.
  2. Refund requests may be considered in exceptional cases if submitted within 30 days, with a clear reason and details of terms violated. Decisions are at Sustain Health's discretion.

Communications

By using the Sustain Health Application, you consent to receiving communications from us and other Users via phone calls, SMS, emails, app notifications, and other means. These communications will be sent to the contact details (such as email address and phone number) you provide when using the Application, and are governed by our Data Protection & Privacy Policy. When you use the Application to book appointments with      Experts, we may send confirmations, cancellations, reschedules, or other relevant updates related to your booking through SMS, email, app notifications, or voice calls, using the contact information provided during the appointment process. By providing your contact number, you agree to receive all communications, including service-related and promotional messages, even if your number is registered under UAE's Do Not Disturb (DND) registry or similar regulations enforced by the Telecommunications and Digital Government Regulatory Authority (TDRA). You expressly authorize Sustain Health to share your contact details with trusted third-party service providers, affiliates, or partners as necessary to facilitate such communications. You explicitly consent to receive communications, including promotional content, related to Sustain Health. Such communication will not be considered unsolicited or in violation of UAE’s TDRA guidelines, as you have voluntarily opted to receive these updates by providing your contact information.

Disclaimers

  1. Sustain Health assumes no liability for issues arising from the transmission of User      data through the Application, including data loss, device errors, or failures, except where such issues arise as a direct result of Sustain Health's negligence or failure to implement reasonable security measures.
  2. The Application and Services are provided "as-is" without any warranties or guarantees, including implied warranties of accuracy, fitness, or non-infringement.
  3. Sustain Health disclaims all liability for:
    • Pre-existing medical conditions
    • Adverse reactions resulting from information on the Application.
    • Worsening of conditions due to incomplete information provided by Users.
  4. Sustain Health makes no guarantees regarding the reliability, security, or performance of:
    • The Application and its features.
    • Information or advice provided by health coaches and wellness experts.
    • Notifications, communications, or reminders.
  5. Sustain Health is not liable for the validity or authenticity of User-generated content or its consequences.
  6. Sustain Health is not responsible for data breaches caused by third-party actions or technical issues beyond its control.
  7. Risks associated with the use of the Application for wellness and coaching services include:
    • Insufficient information for accurate decision-making.
    • Inability to provide emergency medical care.
    • Delays in treatment due to technical deficiencies.
    • Breaches of privacy due to security failures.
    • Errors in judgment caused by incomplete information.
  8. While the Application aims to deliver benefits, no outcomes can be guaranteed. Users’ conditions may not improve and, in some cases, may worsen.

Limitation Of Liability

To the maximum extent permitted by law, Sustain Health, its contractors, agents (including health coaches and wellness experts), and its affiliates, directors, officers, employees, or service providers (collectively, the “Protected Entities”) shall not be held liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages. This includes, but is not limited to, loss of business, revenue, profits, data, medical outcomes, lifestyle or behaviour change outcomes or goodwill arising from the use of, reliance on, or inability to use the Sustain Health platform, services, or related materials, even if the Protected Entities have been advised of the possibility of such damages or could have reasonably foreseen them.

Aggregate Liability Cap:
In any case, the total aggregate liability of the Protected Entities to a user for any claims, damages, losses, or causes of action (whether in contract, tort, negligence, or otherwise) arising out of or related to these terms or the use of the Sustain Health platform shall not exceed the lesser of:

  1. AED 250; or
  2. The total amount paid directly by the user to Sustain Health for services rendered through the platform in the preceding three months, whichever is lower.

This limitation applies to the fullest extent permissible under UAE law and remains applicable regardless of the nature of the claim or remedy sought.

Indemnification

You agree to indemnify, defend, and hold harmless Sustain Health, its contractors, agents, representatives, authorized users (including registered and non-registered users, patients, and practitioners), service providers, suppliers, and their respective officers, directors, employees, and affiliates from and against any claims, losses, damages, liabilities, costs, or expenses arising from:

  1. Your use of the Sustain Health platform or services.
  2. Your breach of these Terms and Conditions or violation of any applicable laws, regulations, or rules.
  3. Your negligent, reckless, or intentional misconduct.
  4. Misrepresentation, fraudulent feedback, or actions that negatively impact Sustain Health or its users.
  5. Claims arising from your reliance on content within the Sustain Health application.
  6. Any intellectual property or legal disputes arising from content you provide.
  7. Unauthorized access to or use of the Sustain Health platform or its content.

This indemnification includes covering reasonable legal fees and costs incurred by Sustain Health and its affiliates in defending against such claims. Sustain Health reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully in defending against such claims.

Prohibited Uses

By using the Application, you agree not to:

1.     Copy, Modify, or Distribute: Cut, copy, distribute, modify, recreate, reverse engineer, distribute, post, publish, or create derivative works from any content or software obtained from the Application. This includes the wholesale reproduction or unauthorized copying of content for commercial or non-commercial purposes and unwarranted modifications of data within the Application. Any such actions require prior permission from us.

2.     Unauthorized Access: Access or attempt to access the Application or its materials by means other than through the provided interface. Use of deep links, robots, spiders, or other automatic devices, programs, algorithms, or manual processes to access, acquire, copy, or monitor any portion of the Application or content, or to bypass the navigational structure or presentation of the Application is prohibited.

3.     Overburdening the Service: Use the Application in a way that may impair, overburden, damage, disable, or otherwise compromise the services provided by Sustain Health.

4.     Unlawful Use of Information: Use any User information obtained through the Application for unlawful purposes, including fraud, embezzlement, money laundering, identity theft, or any other criminal activity.

5.     Harassment or Abuse: Use User information to abuse, harass, threaten, defame, or violate the legal rights of others.

6.     Disrupting the Service: Engage in activities that interfere with or disrupt access to the Application or the services (or the servers and networks connected to the Application).

7.     Testing Vulnerability: Probe, scan, or test the vulnerability of the Application or any network connected to it, or breach the security or authentication measures of the Application or its associated networks.

8.     Trace or Exploit Information: Reverse look-up, trace, or attempt to trace any information about other users or visitors of the Application, or exploit any content or information offered by or through the Application, for purposes other than your own use.

9.     Harm to the Application: Disrupt or interfere with the security of the Application, its systems, resources, servers, or networks connected to or accessible through the Application.

10.  Legal Violations: Violate any applicable laws or regulations in force, within or outside the UAE.

11.  Violation of Conduct Codes: Violate any applicable code of conduct or guidelines related to any particular service provided through the Application.

Third Party Links

Third-party links on this Website if any, may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.

Updates

Occasionally, the Application may autonomously verify the version installed on your device and, where applicable, deliver updates (hereinafter referred to as "Updates"). These Updates may encompass, but are not limited to, bug fixes, patches, enhanced functionality, new plug-ins, and updated versions of the Application. By installing the Application, you grant permission for the automatic download and installation of Updates, and you agree to manually download and install Updates when required. Your use of the Application and any Updates will remain subject to this Agreement, inclusive of any amendments introduced by terms and conditions provided with the Updates.

Temporary Or Permanent Restriction Of Access To The App

We reserve the right, at our sole discretion, to temporarily or permanently restrict, suspend, or terminate your access to and use of the App (including deleting your User account) under the following circumstances:

  • For scheduled or emergency maintenance of the App, or any part of it.
  • If Sustain Health ceases to provide access to the App or any of the Services for any reason.
  • As required by law enforcement, government agencies, or to comply with applicable laws or regulations.
  • If we reasonably believe that you are using the App in violation of these Terms of Service or any applicable laws.
  • If we reasonably believe your use of the App poses a security risk to us or to any third party.
  • In the event of a security breach, hacker activity, or any other technical issue affecting our IT systems.
  • If you are using the App for purposes other than those specified in these Terms of Service.

Copyright

All content within the Application—such as text, images, videos, wellness      articles, audio, software, trademarks, logos, and other materials (collectively "App Content")—is owned by us. You may only access and use this content within the App for personal, non-commercial purposes.

You are prohibited from republishing, distributing, or incorporating any part of the App Content into external sites, databases, or archives, whether for profit or not. Modifying, copying, reproducing, selling, transmitting, or displaying the App Content in any manner is forbidden. You may not scrape or duplicate the content without authorization. Additionally, you agree not to reverse-engineer, alter, or disrupt the software or its features, and not to use data mining or other extraction techniques to manipulate the App’s content.

Content

All wellness content available on our website or App is intended solely for informational purposes and should not be considered medical advice or a replacement for advice from a qualified healthcare professional. We retain full ownership of all content, and it may not be reproduced in any form without our express written consent.

Errors, Inaccuracies And Omissions

From time to time, the Application may present information that encompasses typographical errors, inaccuracies, or omissions pertaining to descriptions, pricing, promotions, offers, and other relevant service details. We reserve the unfettered right to rectify any errors, inaccuracies, or omissions, and to modify or update information or cancel transactions should any information within the Application or on any associated website prove inaccurate, at any moment and without providing prior notice, including subsequent to the submission of your order.

We are under no obligation to revise, update, or clarify information in the Application or on any associated website, this includes, but is not limited to, pricing information, except as explicitly required by applicable laws. The absence of a specific update or refresh date within the Application or on any associated website should not be interpreted to signify that all information within the Application or on any associated website has been altered or updated.

Reviews, Comments, Communications And Other Content

You may be able to post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". 

You are obligated to not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone by the content you post. We reserve the right to remove or edit such content. If you believe that any content on the Website contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Website, please notify us by sending an email to app@sustain.health

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the Website (including any images, video or audio, all together "content", you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, make available, translate, and modify such content throughout the world in any media. You grant Sustain Health and its sub-licensees the right to use the name that you submit in connection with such content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). 

Sustain Health has the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

Termination

You may terminate this Agreement at any time by discontinuing the use of the Application.  We may terminate this Agreement or suspend your access to the Application at any time, with or without cause, and with reasonable notice. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

Force Majeure

For the purposes of these Terms of Use, a "force majeure event" refers to any event or circumstance beyond the reasonable control of Sustain Health. This includes, but is not limited to, breakdowns or interruptions in public or private telecommunications networks, utility or energy supply failures, war, riots, disasters, strikes, civil disorder, trade union activities, terrorist acts, unforeseen events, fires, pandemics, epidemics, explosions, or actions by authorities, including government regulations.

Sustain Health shall not be liable for any failure, delay, or suspension in fulfilling its obligations under these Terms of Service caused by a force majeure event.

Miscellaneous

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership. This includes, but is not limited to, your obligations and acknowledgements regarding intellectual property, indemnification, and limitations of liability.

Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. This clause does not excuse non-performance but merely suspends it for the duration of the force majeure.

Notices

All notices sent by you to us must be sent by email to care@sustain.health. We may give notice to you at either the email or postal address you provide to us when you register in our Application. Notice will be deemed received and properly served 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove that the email was sent to the specified email address of the addressee.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC). For the avoidance of doubt, the UAE Federal Law No. 45 of 2021 on the Protection of Personal Data and the regulations issued thereunder apply to this Agreement and not any data protection legislation applicable in the DIFC.

Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the DIFC Courts.

Contact Us

In order to resolve any issue or to receive further information regarding the use of the Application, please contact us at:

SUSTAIN HEALTH ME -FZCO
Building A1, Dubai Digital Park
Dubai Silicon Oasis, Dubai
United Arab Emirates

Phone: +971 54 753 8090
Email: app@sustain.health