This website, set.health, sethealth.app all all their subdomains (the "site"), are owned and operated by Sethealth GmbH. and our affiliates ("SETHEALTH", "Sethealth", "we" or “us”). By using the site, services provided on the site, our proprietary software made available to you via the site, you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the "Terms"). Please read them carefully. If you don’t agree to these Terms, you may not use the Services.
In order to use most Services, you must register for or authenticate into a Sethealth account. When you use our application program interfaces (APIs), including our SDK, each request to an API must include one of your account's unique Public key.
You must be 13 years or older to use the Services. By registering as a user or providing personal information on the site, you represent that you are at least 13 years old.
If you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.
Subject to these Terms and our Service Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license and right to: (i) use the Services to develop online services and online, desktop, or mobile applications; (ii) make the Services available to one or more distinct human users (i.e., natural persons) that can access any Licensed Application ("End Users") in connection with their use of your online services and online, desktop, or mobile applications.
Contact us if you are looking to use enterprise-only products and services or to obtain additional volume-based discounts.
We may choose to make available to you products and services that are in beta, being provided for internal evaluation or trial, or otherwise not generally available (“Evaluation Products”). By accessing such Evaluation Products, you agree to only use them for internal evaluation or testing purposes. Upon our written request, you shall immediately cease all use, and destroy all copies, of Evaluation Products, and you shall provide us with written certification of such deletion.
You may not allow your End Users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify Sethealth in writing if you become aware of any misappropriation or unauthorized use of the Services.
In addition to the requirements above, you agree to adhere to the policies posted on this site in conjunction with the Services, including accompanying documentation. Those policies are incorporated by reference into these Terms.
You agree to pay all fees owed for your use of the Services (your “Order”), as calculated by our records based on our available pricing, currently located at https://dashboard.set.health/admin/pricing. All charges are non-refundable unless expressly prohibited by applicable law. We may charge your credit card on an recurring basis for any amounts that you owe us, some of which may require advance payments.
You acknowledge and agree that failure to use the current version of Sethealth Software may result in potentially different (and higher) fees being charged to you, and agree to pay any such fees as calculated by us.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by us in collecting such delinquent amounts.
We are not responsible for any bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Sethealth. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
Our listed fees do not include taxes, and you agree to pay all sales/use, gross receipts, value-added, GST, personal property or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our net income, employees or real property. You agree to work with us to help us obtain any necessary withholding or royalty tax exemptions where applicable.
Notwithstanding the foregoing, all payments made by you to us under these Terms will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding, will be equal to the full amount that we would have received if no deduction or withholding had been required. The payment of any taxes, charges or fees required to be deducted or withheld from payments due to us, and the filing of any information or tax returns with respect thereto, shall be your responsibility. Upon your reasonable request, we will provide you with any existing tax forms in our possession that would reduce or eliminate the amount of any such withholding or deduction for taxes.
Payments may be made by means of credit card through Stripe's payment processing platform.
You retain ownership of all content that you contribute to the Services via the Sethealth API, buckets, datasets, excluding any content that you receive from Sethealth ("Your Content").
Limited to the purpose of hosting Your Content so that we can provide the Services to you, you hereby grant Sethealth a non-exclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable right and license to (and to engage service providers to) use, copy, cache, publish, display, distribute, modify, create derivative works, and store Your Content. This right and license enables Sethealth to host and mirror your content on its distributed platform. You warrant, represent, and agree that you have the right to grant Sethealth these rights.
On termination of your account, Sethealth will make reasonable efforts to promptly remove from the site and cease use of Your Content; however, you recognize and agree that caching of or references to the content may not be immediately removed.
Other than Your Content, all content displayed on the site or accessible through the Services, including text, images, maps, software or source code, are the property of Sethealth and/or third parties and are protected by United States and international intellectual property laws. Logos and product names appearing on or in connection with the Services are proprietary to Sethealth or our licensors. You may not remove any proprietary notices or product identification labels from the Services.
You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations or other information you provide to us relating to the Services.
Adequate data entry required for proper anonymization. The Client acknowledges and accepts that the Software will be unable to successfully anonymize the medical data before storage if you have not entered the information correctly into the system. Therefore, SETHEALTH will not be responsible for any infringement of patient’s confidentiality and/or data protection regulations that result from your's failure to record the information accurately. Nevertheless, if the infringement of the patient’s confidentiality is caused by a security breach in the SETHEALTH systems, SETHEALTH will be responsible for such infringement, even if you have not anonymized the medical data stored in the system.
To adequately access the Services and use the Software, you need to have installed modern browsers such as last 3 versions of Chrome, last 2 versions of Firefox and last 2 versions of Edge.
The Client will use the Software under its control, management and its sole responsibility in order to exclusively develop commercial non-clinical products. Client will not (and will not allow any third party to) use the Software to develop any product that constitutes (or is marketed as) a Medical Device (as this term is defined in EU Regulations); nonetheless, SETHEALTH acknowledges that the Software can be used to view clinical products and, for this reason, warrants that the Software is designed following the highest security standards in the market.
Client will not (and will not allow any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software; (ii) modify, translate, or create derivative works based on the Software; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise license, sublicense, transfer or encumber rights to the Software; (iv) use the Software for the benefit of a third party, other than access to your website by your clients; or (v) remove or otherwise alter any proprietary notices or labels from the Software or any portion thereof.
The Software may include individual open source components, each of which has its own copyright and its own applicable license conditions. In such a case, the open source components are licensed to Client under the terms of the applicable open source license conditions and/or copyright notices that can be found in the licenses files.
Client will use the Software only in compliance with the rights granted hereunder and in accordance with all applicable laws within the Territory, including, but not limited to, laws related to privacy, intellectual property, consumer and child protection, obscenity, and defamation.
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site to advertise or offer to sell goods and services.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in unauthorized framing of or linking to the Site.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Delete the copyright or other proprietary rights notice from any Content.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Sell or otherwise transfer your profile.
Use a buying agent or purchasing agent to make purchases on the Site.
We're proud to have you as a customer. During the term of this agreement, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use your trademarks, service marks, and logos for the purpose of identifying you as a Sethealth customer to promote and market our services. But if you prefer we not use your logo or name in a particular way, just let us know, and we will respect that.
We don't want you to leave, but you may cancel at any time. However, we do not give pro-rated refunds for unused time if you cancel during the middle of a billing cycle.
If you breach any of these Terms, we may immediately without notice cancel or suspend your account and the limited license granted to you hereunder automatically terminates, without notice to you. Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services. In addition, Sethealth may cancel or suspend your account for any reason by providing you 30 days' advance notice.
Upon cancellation or suspension, your right to use the Services will stop immediately. You may not have access to data that you stored on the site after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If we cancel your account in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we cancelled your account.
We may change the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with our then-current APIs. We attempt to avoid changes to our APIs that are not backwards compatible, but such changes may occasionally be required. If that happens, we will use reasonable efforts to notify you prior to deploying the changes.
You agree to indemnify and hold harmless Sethealth and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, arising out of:
- Your use of the Services;
- Your violation of these Terms;
- Your End Users’ use of the Services in or through an application or service you provide;
- Content you or your End Users submit, post to, extracts from, or transmit through the Services.
“As is," "as available" and "with all faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND ITS SOFTWARE, SERVICES, SDK, AND OTHER CONTENT, INCLUDING ANY THIRD-PARTY SOFTWARE, SERVICES, MEDIA, OR OTHER CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SETHEALTH DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SETHEALTH OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Website operation. SETHEALTH DOES NOT WARRANT THAT THE SERVICES, INCLUDING ANY SOFTWARE, SERVICES, SDK, OR CONTENT OFFERED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Non-Sethealth content. WHEN USING THE SERVICES YOU MAY BE EXPOSED TO USER SUBMISSIONS AND OTHER THIRD PARTY CONTENT ("NON-SETHEALTH CONTENT"), AND SOME OF THIS CONTENT MAY BE INACCURATE, OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. WE DO NOT ENDORSE ANY NON-SETHEALTH CONTENT. UNDER NO CIRCUMSTANCES WILL SETHEALTH BE LIABLE FOR OR IN CONNECTION WITH THE NON-SETHEALTH CONTENT, INCLUDING FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN ANY NON-SETHEALTH CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY NON-SETHEALTH CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-SETHEALTH CONTENT.
Accuracy. SETHEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to your computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN SOFTWARE, SERVICES, SDK, OR CONTENT THROUGH THE SITE OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE.
Jurisdiction. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Professional disclaimer. The Site cannot and does not contain medical/health advice. The medical/health information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of medical/health advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
Limitation of liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING NEGLIGENCE, SHALL SETHEALTH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SERVICES OR THE SITE, INCLUDING SOFTWARE, SERVICES. SDK, CONTENT, USER SUBMISSIONS, OR ANY THIRD PARTY SITES REFERRED TO ON OR BY THE SITE, EVEN IF SETHEALTH OR A SETHEALTH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of damages. IN NO EVENT SHALL THE TOTAL LIABILITY OF SETHEALTH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS THE SERVICES OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID OR PAYABLE TO SETHEALTH IN THE TWELVE MONTHS PERIOD PRIOR TO THE DATE ON WHICH THE DAMAGE OCCURRED.
Claim period. YOU AND SETHEALTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF THESE TERMS OR RELATED TO SETHEALTH MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you are a copyright owner or an agent thereof, and believe that any user submission or other Sethealth content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Sethealth are covered by a single notification, a representative list of such works from Sethealth;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sethealth to locate the material;
Information reasonably sufficient to permit Sethealth to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please email your notification to the Legal Department at firstname.lastname@example.org
You agree to keep the contact information associated with your Sethealth account current and complete.
You may not encourage others to violate these Terms, including by selling products or services that would violate these Terms if the products or services are used in their intended manner.
You may not take any action that improperly decreases the fees that you owe us (e.g., create multiple accounts for the purpose of not exceeding the monthly free usage credits). In the event that we discover any such misuse, you agree that we may (in addition to all other remedies) charge you for all fees that you should have paid if you had not improperly used our Services.
Upon written notice to you, we may (or may appoint appoint a nationally recognized certified public accountant or independent auditor to) audit your use of the Services and Sethealth Software to ensure it is in compliance with these Terms. Any audit will be conducted during regular business hours, no more than once per 12-month period and upon at least 30 days’ prior written notice (except where we have reasonable belief that a violation of these Terms has occurred or is occurring), and will not unreasonably interfere with your business activities. You will provide us with reasonable access to the relevant records and facilities.
You shall not assign these Terms or any right, interest or benefit hereunder without the prior written consent of Sethealth, which may be withheld for any reason or no reason at all. Sethealth may assign (i) these Terms to an affiliate, (ii) these Terms or any right, interest or benefit hereunder to a third party in connection with a collection proceeding against you, and (iii) these Terms in their entirety to its successor in interest pursuant to a merger, acquisition, corporate reorganization, or sale of all or substantially all of that party’s business or assets to which these Terms relate. These Terms shall benefit Sethealth and its successors and assignees.
These Terms shall be governed by and construed exclusively in accordance with Spanish law. Any action arising out of or relating to these Terms shall be submitted to the Courts of Madrid, Spain.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Sethealth to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Sethealth reserves all rights not expressly granted to you.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sethealth as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and Sethealth other than pursuant to these Terms.