User Agreement
This document is set forth in two languages — Ukrainian and English. The Ukrainian version is the original and the sole source of truth. In the event of any discrepancies, ambiguities, or contradictions between the Ukrainian and English versions, the Ukrainian version shall prevail. The English version is provided for User convenience only and does not create independent rights or obligations.
The User Agreement set out below (hereinafter — the "Agreement") is addressed to an indefinite circle of persons — Users of the Jane application (hereinafter — Jane) and defines the terms of its use.
You enter into this Agreement with Individual Entrepreneur Anatolii Viktorovych Rohalskyi, Taxpayer Registration Number: 3375607639, registered in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations on 24.03.2016, registration number 2224000000010587 (hereinafter — the "Company"), who holds the exclusive proprietary rights to Jane, including those necessary and sufficient for its administration and for providing access to its systems and services.
This Agreement is an adhesion contract within the meaning of Art. 634 of the Civil Code of Ukraine. Use of Jane shall be deemed unconditional acceptance of this Agreement.
If You access or download the Jane application from the Apple App Store, You agree to all Terms of Use set forth in the App Store User Agreement. If You access or download Jane from the Google Play Store, You agree to the Android Terms of Use of Google Inc., including the Google Apps User Agreement.
1. Terms and definitions
Jane (also: mobile application, application, app) — software product, the result of programming, intended for Interpretation, sale of goods and provision of other informational services/services that are not related to the provision of medical services and may under no circumstances be considered as the provision of medical services, medical recommendations, diagnosis, etc. Its servers are located on a secure software-and-hardware "cloud" data-processing platform; access is provided through the Jane mobile application, available for download in Google Play and the App Store, and is granted to Users for personal use.
User — a natural person with full civil capacity who uses Jane (without the purpose of obtaining profit).
Interpretation (Розшифрування) — automated correlation of the User's laboratory test results with reference values, generation of an informational report explaining identified deviations, and generation of recommendations (regarding dietary supplements, advisability of consulting a doctor, etc.), carried out using artificial-intelligence technologies.
Account — the set of information about the User and authorisation data (phone number, login, password, etc.) entered by the User in Jane during registration and throughout use.
Personal Data — information or a set of information about a User who is identified or can be specifically identified.
Processing of Personal Data — collection, registration, accumulation, storage, adaptation, alteration, renewal, use and dissemination (distribution, sale, transfer), depersonalisation, destruction of Users' personal data, including with the use of information (automated) systems.
Medical Quality Review — an internal quality-and-safety measure whereby a medical specialist reviews certain automatically generated Interpretation outputs flagged by the system (due to low model confidence or identified critical deviations) before they are shown to the User. The review involves no communication with the User and is not a consultation, medical service, diagnosis, or prescription.
Subscription — the provision to the User of access to Jane's functionality for a defined period for a fee, in accordance with the terms set out in this Agreement.
Dietary Supplement (also: biologically active supplement) — a food product intended for consumption in small defined quantities as a supplement to an ordinary diet, individually or in combination with other food products, and which is a concentrated source of vitamins, minerals or other substances with nutritional or physiological effect (it is not a medicinal product).
2. General terms of use of Jane
2.1. Only Users who have accepted all the terms of this Agreement, in its current version posted in the mobile application, may use Jane.
2.2. Before starting to use Jane, the User is obliged to read this Agreement and accept its terms.
2.3. The User may register in Jane by creating a personal Account.
2.4. Registration in Jane is possible only where the User gives consent to the processing of personal data. This is because Jane services cannot be provided in full and with proper quality to unidentified users. The approaches, key principles and means of control of the processing of Users' personal data are set out in the Personal Data Processing Notice; the User accepts those provisions by acceding to this Agreement.
2.5. The terms of this Agreement apply to all Users of Jane.
2.6. If the User does not agree with the terms of this Agreement, the User has the right to refuse to use Jane.
3. Storage of information
3.1. The User's Jane Account stores all information on services obtained and use of Jane services, as well as information indicated/uploaded by You: laboratory test results. Laboratory results are uploaded to the Account in the form of a PDF file or photograph of adequate quality.
3.2. It is prohibited to upload to Jane any files other than laboratory test results and other files requested by Jane's functionality.
3.3. Files of laboratory test results (PDF/photo, etc.) and other files uploaded by the User are stored for 6 months from the date of upload. Structured biomarker data extracted from such files is stored until the deletion of the Account, as part of the User's personal health profile, or until such materials are deleted/destroyed in another manner provided by Jane's functionality.
4. Account registration
4.1. To obtain access to Jane services, the User must create an Account and complete a questionnaire, in which You will be required to provide the requested information in the registration form, including but not limited to:
- surname, first name, patronymic (where the User considers it necessary to provide such information);
- date of birth;
- sex;
- email address;
- telephone number (not mandatory, but may be indicated as an additional means of communication);
- health-related data;
- laboratory test results — uploaded solely with the User's permission, in the form of a PDF file or photograph of adequate quality;
- other data requested and provided by the User.
4.2. By creating an Account, You confirm that all information provided by You is accurate and that You bear responsibility for the content of such information.
4.3. The Jane application is intended for Users with full civil capacity (from the age of 18). By creating an Account, You confirm that You meet this age requirement.
4.4. Login to the User's Account is performed via identification of the User's data.
4.5. The Company reserves the right to suspend or terminate Your Account, access to Jane services and functionality, if You breach these Terms (with or without notice).
4.6. The User is responsible for maintaining the confidentiality of the credentials of the User's profile in Jane and for all actions performed under the User's Account. You must immediately notify us of any unauthorised use of Your profile or any other security breach.
5. Services
5.1. The Jane mobile application is intended for:
- Interpretation — laboratory test results must be current (with the date of the test no later than 3 weeks before the date of upload to the application). The User acknowledges that health status may change over time, so that the use of outdated laboratory results may result in services that do not correspond to the User's actual health status at the time of Interpretation and of related services. The User bears sole responsibility for compliance with this condition. Jane does not verify the currency (date) of laboratory test results before Interpretation;
- recommendation of dietary supplements based on the results of Interpretation;
- sale of goods;
- recommendation to obtain a doctor's consultation based on the results of Interpretation;
- provision of other informational services that are not related to medical services and that may under no circumstances be considered as the provision of medical services, medical recommendations, diagnosis, etc., based on the results of Interpretation.
5.2. Information on the correlation of laboratory test results with reference values is solely informational and may not correspond to the User's actual health status. You will receive a warning if we are unable to process the PDF or photo You uploaded.
5.3. Interpretation may not be regarded as a substitute, analogue or alternative to a doctor's appointment. If You have any doubts or questions concerning Your health status, please address healthcare institutions / individual entrepreneurs ("FOP") engaged in medical practice on the basis of a licence of the Ministry of Health of Ukraine, in order to obtain qualified medical care.
5.4. Certain automatically generated Interpretation outputs flagged by the system (due to low model confidence or identified critical deviations) undergo a Medical Quality Review before being shown to the User. This is an internal quality-and-safety measure: the medical specialist does not communicate with the User and provides no consultation, medical service, diagnosis, or prescription. The User receives the informational report regardless of whether such review is performed.
5.5. All recommendations in Jane regarding test results, recommendations regarding the need to take dietary supplements, to consult a doctor, and all recommendations and informational materials are formed on the basis of publicly available data.
5.6. The Jane application is not intended for medical purposes and is not a medical device.
5.7. Interpretation services, generation of recommendations regarding the use of dietary supplements and generation of recommendations regarding the need to consult a doctor are provided to Users with the use of artificial-intelligence technologies; all other services are provided without the use of artificial-intelligence technologies — with human involvement.
5.8. Jane services are intended only as an additional tool to assist Your health and wellness goals and must not be used as a substitute for medical services in healthcare institutions / FOPs.
5.9. The services and information provided through Jane are not intended to replace professional medical care. The Company bears no legal responsibility for any health problems that may arise as a result of using Jane.
5.10. Do not use Jane services contrary to a doctor's advice.
5.11. You are responsible for assessing the accuracy and reliability of health-related information provided through Jane, and the Company bears no legal responsibility for any inaccuracies related thereto.
5.12. Always consult a doctor with any questions You may have regarding health status. Never disregard medical prescriptions because of information You received in Jane.
5.13. No information displayed in Jane, irrespective of its form, may be regarded as confirmation of the presence or absence of any diseases, disorders, injuries or conditions.
5.14. You confirm that medical diagnoses and treatment may be prescribed only by doctors of healthcare institutions / FOPs in the manner established by law. The Company bears no legal responsibility for Your actions and/or omissions resulting from any information obtained through Jane.
6. Account deletion. Changes to the account
6.1. The User has the right at any time to initiate deletion of the Account by submitting a corresponding request through Jane's functionality: go to "My Account" — "Delete Account" — press "Yes"; or by contacting Jane's support service. After confirmation of the request, the User's Account shall be deleted (deactivated) within a reasonable period required for technical processing. As a result of Account deletion, the User's access to Jane services ceases and the User's personal data is deleted, except for data the storage of which is mandatory under the current legislation or necessary to protect the legitimate interests of the Company.
6.2. The User has the right at any time to view, change and update information about themselves contained in the Account, by using the corresponding functionality of Jane. Where it is not possible to make changes independently, the User has the right to contact the support service with a request to update or correct personal data. The Company undertakes to ensure that the User's personal data is up to date and to take the necessary measures to make changes within a reasonable period from the moment the corresponding request is received.
7. Payment terms
7.1. Use of Jane's functionality is on a prepayment basis. The fee for use is set by the Company and may be changed by the Company's decision (for periods not yet paid for), of which the User is notified within a reasonable time.
7.2. Any person makes the decision to use Jane voluntarily, at their own discretion and at their own risk.
7.3. By making payment, the User confirms that they are an adult and have full legal capacity.
7.4. The User obtains access to Jane's functionality after subscribing to the application and making payment by authorising payment through the platform from which the application was downloaded. The price of the service will correspond to the price displayed on the relevant page of the platform at the time the order is placed. The User may review the price of services in advance, before payment. The price indicated includes all applicable taxes and duties.
7.5. Subscription provides for automatic renewal (charging) at the end of the current subscription period (which is one month — 30 days, or one year — 365 days) until the Subscription is cancelled by the User. If the User does not actually use Jane's functionality during the paid period, the User has no right to a refund for that period.
7.6. The Subscription is cancelled by the User in accordance with the rules of the platform used to download the application and subscribe. Cancellation takes effect from the day following the last day of the already-paid subscription period. If cancellation occurs before the end of the current subscription, the User, after cancellation, continues to use Jane's functionality during the period for which payment has already been made; the funds for the period from the day of the User's cancellation actions on the platform to the last day of the paid period are not refunded.
7.7. The Company may change the cost of the Subscription, of which the User is notified in the application or by an email sent to the address indicated by the User in the questionnaire. The updated subscription price takes effect from the day of payment for the next subscription period, unless otherwise stated in the notice, but in any case not earlier than the day of payment for the next subscription period. The cost of an already-paid subscription period is not subject to adjustment.
7.8. If the User does not agree to a change in the Subscription cost, the User may cancel the Subscription before the moment of payment for the next period. If the User does not cancel the Subscription before the moment of payment for the next period, the change in cost shall be deemed automatically agreed by the User.
7.9. The Company may make changes to the application's functionality and include services/goods that require additional payment. Information on paid services/goods is open and is necessarily indicated in the relevant section of the application. Use of services / purchase of goods that require payment in addition to the Subscription cost is voluntary and does not affect the use of functionality included in the Subscription cost. The Subscription cost in particular does not cover the cost of goods (dietary supplements) that may be offered to the Client for purchase. The cost of such goods is determined separately, and information on the goods (including their cost) is set out separately in the relevant section of Jane.
7.10. If the User decides to purchase goods, such purchase is made on the terms of full prepayment using any available payment methods displayed in the application.
7.11. The cost of the goods offered to the User for purchase includes the cost of taxes and duties and does not include the cost of delivery services. The cost of services of the logistics companies engaged for transportation of goods is determined separately, in accordance with the price list of the logistics provider chosen by the User.
7.12. Using artificial-intelligence technologies, on the basis of analysis of laboratory tests uploaded by the User, the application's services generate a list of dietary supplements recommended for purchase. The User acknowledges that this list is recommendatory, and the User is free to choose whether to purchase items from the recommended list. The User has the right to edit the list, include or exclude particular dietary supplements, postpone the purchase of dietary supplements for a reasonable period (no more than three weeks from the date of the diagnostic laboratory tests, since test data lose their relevance over time), and consult a doctor (including by way of an independent consultation with any doctor in any healthcare institution / FOP chosen by the User; Jane does not reimburse any User-initiated consultations with doctors, nutritionists or other healthcare professionals regarding the recommended list of dietary supplements).
7.13. The generation by Jane of a list of recommended dietary supplements does not in any way constitute compulsion to purchase the supplements included in such list, and refusal to purchase and take dietary supplements selected by Jane does not mean the occurrence of any negative or dangerous consequences for the User's life and health.
7.14. The list and prices of goods may change at the Company's decision without separate notice/warning to Users. The price of a Good for which the User has made payment is not subject to change.
8. Rights and obligations of the User
8.1. The Jane application relates to the sphere of Users' health. The entry/upload by Users of false or inaccurate information regarding health status will affect the accuracy and completeness of the services and information received in the application. The Company urges You to be responsible and to immediately stop using Jane if You are not prepared to comply with the conditions set out below:
- the User warrants that they will enter only truthful and current data into Jane;
- the User will immediately notify the Company of the loss or change of phone number / loss of access to the email address (as one of the means of authorisation/identification in Jane);
- the User confirms that they will take all reasonable measures to keep secret the passwords for logging into Jane (including one-time passwords). Such measures include: not disclosing passwords to third parties, logging into Jane using secure devices, etc.;
- the User acknowledges that they bear full responsibility for actions performed in Jane using the means of authentication chosen by them (including phone number, passwords, one-time passwords);
- any actions performed using the User's Account and/or login and password, registered phone number, email address shall be deemed to have been performed by that User.
8.2. The Company is not responsible for the content of information entered into Jane by the User.
8.3. The Company does not compensate damage, direct or indirect, caused to the User as a result of use or non-use, including the impossibility of using Jane.
9. Intellectual property
9.1. All exclusive proprietary intellectual-property rights to Jane and/or its parts (such as program code, application design, trademark, etc.) belong to the Company.
9.2. You may download the Jane application solely for personal use, which means that You are granted the right to use Jane; transfer of ownership (rights to intellectual-property objects) is in no case effected. You lose the right to use Jane in the case of breach of this Agreement or of other contracts and rules posted in the Jane mobile application, the terms of which You have accepted.
10. Marketing communications
10.1. By accepting this Agreement, the User consents to the Company sending the User, in any form, informational messages related to the provision of services to the User under this Agreement and advertising messages related to the Company's activities.
10.2. To send information, the Company has the right to use various means of communication provided by the User, such as (but not limited to): email mailings, SMS messages, messengers (Viber, Telegram, WhatsApp, etc.), telephone calls.
10.3. The User has the right at any time to opt out of marketing messages by one or more means: (a) by using the unsubscribe link contained in each electronic message; (b) by contacting the support service. Opting out of marketing messages does not result in termination of the Account and does not restrict access to paid services.
11. Liability
11.1. Jane is provided on an "as is" basis. The Company is not liable to Users for ensuring that Jane meets their expectations (including with respect to uninterrupted operation of the mobile application and absence of errors). At the same time, the Company applies reasonable and appropriate technical and organisational measures to protect Your data.
11.2. The Company bears no legal responsibility for any harm to life and health, any direct and/or indirect damages, material and/or non-material harm, obligations or losses incurred as a result of the User's use or non-use of Jane or of data (information) posted in Jane, or in connection with the inability to access or use Jane.
11.3. The Company is not liable for changes, temporary or full suspension of operation of Jane or any part thereof. The functioning of Jane may be disrupted by force majeure circumstances, the prevention or elimination of which is beyond Jane's functional capabilities.
11.4. The User bears sole responsibility for the content of information posted/uploaded into Jane. Full responsibility for the User's posting of information and/or materials that breach the requirements of the current legislation of Ukraine, are harmful or offensive, etc., rests with the User who posted such information and/or materials.
11.5. Disputes arising in the course of using Jane are resolved through negotiations and, in the event of failure to reach agreement, in accordance with the legislation of Ukraine.
12. Miscellaneous
12.1. This Agreement enters into force for the Company from the moment of its publication on the relevant resource providing free access to it for an indefinite circle of persons.
12.2. This Agreement enters into force for the User from the moment of the User's accession by way of obtaining a service provided for in this Agreement.
12.3. Jane is a mobile application; new services may be implemented in its functionality, and existing ones may be changed or removed, etc. The Company also reserves the right to change the design of the mobile application. From time to time we may ask You to update the application so that You can continue to use Jane. We may carry out such updates automatically, including without notifying You.
12.4. The User authorises the downloading and installation of updates of the Jane application on their device in accordance with their privacy settings.
12.5. The Company has the right to make changes to this Agreement. All changes are formalised as an updated version of the Agreement, posted in Jane with an indication of the version of the updated Agreement. The Company notifies the User of the update of the Agreement no later than 14 days before the changes take effect, by way of an email to the User and/or a push notification in the application. Changes concerning the cost of the Subscription, the scope of services or the processing of personal data are notified no later than 30 days in advance. If the User does not agree with the changes, the User has the right to cancel the Subscription before the changes take effect.
12.6. By using Jane, the User confirms agreement with the terms of the Agreement in the version in force at the time of use of Jane.
12.7. Making payment using the User's Account is deemed full and unconditional accession of the User to the terms of the Agreement, which is deemed concluded without signature in each individual case.
12.8. The User confirms understanding that:
- 12.8.1. The exchange of information between us in the Jane application is not the provision of medical care to a patient within the meaning of Articles 3, 33, 35-1 of the Law of Ukraine "Fundamentals of the Legislation of Ukraine on Healthcare".
- 12.8.2. The medical specialist coordinating the operation of the Jane application is not the User's attending physician within the meaning of Article 34 of the Law of Ukraine "Fundamentals of the Legislation of Ukraine on Healthcare".
- 12.8.3. The exchange of information and explanations carried out by the Jane application is not the provision of medical care to the User using telemedicine within the meaning of Article 35 of the Law of Ukraine "Fundamentals of the Legislation of Ukraine on Healthcare".
- 12.8.4. Information and explanations provided to the User in the Jane application are not medical prescriptions.
- 12.8.5. To receive medical care, the User must have their own attending physician, recourse to whom is mandatory.
12.9. Device/user identifiers: we store device ID, we store PUSH token; third-party SDKs: Firebase, Sentry, Langsmith; local on-device storage Expo SQLite, etc., are used to ensure the operation of Jane, session security when receiving services, interface configuration, usage statistics of Jane, etc. — these are small text files stored during the use of Jane. This data is anonymised and cannot be linked to individual Users. The User may disable these files at any time in the Account or configure them according to their needs.
12.10. Users may contact the Company in the following ways:
- via the feedback form in the Jane mobile application;
- by sending an email to: hello@janeapp.ai.