HEALTHBLOCK‘S GENERAL TERMS AND CONDITIONS B2C
Last updated: March 2025
Thank you for choosing HealthBlocks! These Terms govern your use of HealthBlocks’ Services and help to define the relationship between you (the “User”) and HealthBlocks. By providing you with these Terms, we aim to act transparently and try to, proactively, answer any questions you might have regarding HealthBlocks.
By using HealthBlocks’ Services you agree with the latest version of these Terms and any modifications that may be made to them over time. We kindly ask you to read these Terms carefully and keep them in mind every time you use HealthBlocks’ Services.
Definitions
App: the application that is made available by HealthBlocks to the User and which is essential to use our Services;
Business Partner: a business that choose to collaborate with us for promotional reasons such as co-organise a Challenge on the App and/or sponsor the Reward that might be won upon Rightful Completion of the Challenge;
Challenge: health challenges as published on a regular basis to HealthBlocks’ App to which Users may subscribe;
Data Channels: the third party channels you choose to integrate to the App by connecting your wearables and/or smart phone (e.g. Strava, etc.);
Data Partners: businesses who might temporary access and analyse your encrypted Personal Data after your explicit and specific consent for this purpose;
Entry Fee: the sum the Users must pay to subscribe to a Challenge on our App, as described in the Game Rules;
Force Majeure: all circumstances which were reasonably unforeseeable at the time these Terms were concluded, are unavoidable, and create (i) the impossibility on the part of a party to carry out these Terms. For example (but not limited to): hacking, natural disasters, war (threats of) terrorism, strikes, lock-out, diseases, pandemics, shortage of personnel, organisational conditions, confiscation, fire, scarcity of (raw) materials, bankruptcy or delays on the part of suppliers or subcontractors;
Game Rules: the rules describing the obligations for our Users per Challenge, illustrating how Users may complete the relevant Challenge, etc.;
Hardship: all circumstances which were reasonably unforeseeable at the time these Terms were concluded, are unavoidable and which make the implementation of the Terms harder or more difficult than normally anticipated (financially or otherwise);
HealthBlocks (or ‘we’ | ‘us’ or ‘our’ ): the private limited company HealthBlocks B.V., incorporated and existing under the laws of the Netherlands, with registered office at NL Duinlustweg 16, 2051 AA Overveen, with NL Traderegister no. 74929984;
OPP: our third party partner handling all matters relating to payments of the Entry Fees and payout of Rewards to Users, OPP stands for ‘Online Payment Platform’ which has its registered offices at Kanaalweg 1, 2628 EB Delft, the Netherlands with Traderegister no. NL- 50124498;
Personal Data: data that Users decide to share with us in the light of using our Services, such as but not limited to: heartbeat data, sleep data, name and address, email, amount of steps and bodily activity, etc.;
Privacy Legislation: the (supra)national privacy legislation, applicable on the processing of personal data by HealthBlocks or the User, related to the execution of the Terms, such as, but not limited to (i) the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’ or ‘GDPR’) and (ii) Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘E-privacy Directive’) and (iii) the relevant legislation regarding the implementation of the aforementioned Regulation);
Reward: the benefits paid out to Users upon Rightful Completion of a given Challenge on our App as described in the Game Rules, such as but not limited to cash, coupons, promotional codes, etc.;
Rightful Completion: when Users complete a Challenge on our App conform the Game Rules resulting in the payout of the relevant Reward;
Services: all services provided by HealthBlocks to the User as agreed upon in the context of these Terms (such as but not limited to the making available of our App, organization of Challenges, etc.);
Terms: these general terms and conditions;
Third Party Payment Terms: Terms by Third Party ‘OPP’ governing both the payments of Entry Fees and payout of won Rewards;
User (or ‘you’): any natural person who acts for purposes that fall outside of their commercial, business, artisanal, or professional activity who makes use of the Services;
User Account: your personal account in order to use our Services (thereinafter also called ‘Account’);
Website: www.healthblocks.ai, as well as any subdomains or other/future websites of HealthBlocks.
1. Applicability of the Terms
1.1 Unless explicitly determined otherwise in writing, the use of our Services is governed by, in descending hierarchical order (i) the written contract between the User and HealthBlocks, (ii) the Game Rules for the relevant Challenge, (iii) these Terms and (iv) Dutch law.
1.2 These Terms are specifically tailored to HealthBlocks’ Services and are thus best suited to govern the relationship between HealthBlocks, OPP and the Users.
1.3 These Terms first cover the general provisions applicable to all Services (‘Section A’), followed by the specific applicable to the Challenges (‘Section B’) and at last the potential transfer to the Data Partners (‘Section C’).
Section A: General Provisions
2. Access to our Services
2.1 Users are entitled to access and use our Services in accordance with these Terms.
2.2 Before the User can access our Services, the User must create an account with their email address. Users are free to decide how much additional data (such as name, gender, age, etc.), they provide while creating their account.
2.3 During the activation of your account, you can select the Data Channels you wish to integrate into the App. You have the flexibility to adjust your choices at any time.
2.4 Users must be 18 years in order to subscribe to our App and/or participate to our Challenges without any exceptions. If at any stage it seems that a User does not meet this age requirement, HealthBlocks reserves the right to permanent terminate the use of our Services.
2.5 Any of HealthBlocks’ Services are provided “AS-IS”. All Services provided by HealthBlocks within the scope of the agreement are always provided with appropriate care and in good faith, as can reasonably expected from a professional experienced in services of comparable complexity and size (i.e. ‘best effort obligation’).
3. Acceptable Use of our Services
3.1 By using our Services, you agree to use them fairly and reasonably, as a prudent person would. This includes refraining from any actions that could harm our Services, other Users or third parties.
3.2 You therefore agree to refrain from engaging in any of the following prohibited behaviours while using our Services, as we deem them in violation of our Terms (non-exhaustive list):
(i)Using our Services in ways that might violate any local, state, national, or international laws or encouraging or providing instructions for a criminal offense to other Users;
(ii) Impersonating any person or entity or misrepresenting yourself, your age, or your affiliation with any person or entity while using our Services. Our Services are ought to be used exclusively by you only;
(iii) Using our Services to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(iv) Posting or sharing any personally identifiable or private information of any third party to our Services;
(v) Soliciting passwords or personal information from any other User;
(vi) Posting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment in order to damage our Services or third parties;
(vii) Registering for more than one User Account, using or attempting to use another person's account, service, or system without authorization, or creating a false identity to use our Services;
(viii) Engaging in any predatory or stalking conduct or taking any action that harasses or embarrasses other Users;
(ix) Engaging in activities that falsely increase, decrease, or otherwise manipulate the data you upload to our Services;
(x) Manually adding steps within your wearables to our App and/or tampering with any measurements by your wearables that are integrated to our App;
(xi) Any other behaviour which is in general to be considered abnormal use of the Services;
3.3 HealthBlocks reserves itself the right for future adaptations to actions we deem to be prohibited behaviour as listed in Article 3.2 if necessary.
3.4 HealthBlocks reserves itself the right to counter any prohibited behaviour with appropriate measures such as but not limited to: temporary exclusion from our Services, permanent termination of your use of our Services, other forms of compensation to us and/or other legal consequences in compliance with the applicable laws to these Terms.
3.5 Users are fully responsible for any interactions they have with other Users. While we reserve the right to monitor and/or resolve disputes between you and other Users, we are not obligated to do so.
4. Terms & Termination
4.1 The term of the agreement is indefinite. The agreement can be terminated by both parties within one month’s notice.
4.2 Termination of a User Account on the App shall be permanent and irreversible once effected. Termination of a User Account on our App therefore also includes termination of all active participations to any ongoing Challenges.
4.3 HealthBlocks shall never be obligated to refund Users any Entry Fees if they terminate their User Account, except when termination is the result of a material breach of HealthBlocks.
5. Liability
5.1 The liability of HealthBlocks shall always be assessed in light of the best efforts obligation to which HealthBlocks has committed itself. In the case of inaccessibility of the Services, HealthBlocks’ liability is limited to the compensation of the direct damages suffered as a result from the inaccessibility. The liability of HealthBlocks is in any case limited to the mandatory liability imposed by law.
5.2 In the event of any issue or error with the Challenge, liability shall be limited to the amount of the Reward that could have been earned from that Challenge. The liability of HealthBlocks shall in all cases be limited to Entry Fees paid for using our Services giving rise to the liability claim by the User during the twelve (12) months preceding the date on which the liability claim arose.
5.3 HealthBlocks can never be liable for any damages or claims related to the services of a third party such as OPP. HealthBlocks can solely be liable for its own Services as was agreed in the Terms.
5.4 HealthBlocks shall never be liable for:
(i) damage or loss suffered by Users or third parties for incorrect or incomplete usage of the Services;
(ii) damage or loss caused directly or indirectly by Users or a third party regardless of fault, negligence, or carelessness;
(iii) damage resulting from malfunctions or defaults in network communications, devices or infrastructure belonging to Users used for using the Services;
(iv) damage caused by the further use or application of the Services by Users after a defect has been detected and communicated by us;
(v) damage caused by the improper, inadequate, unauthorised or unlawful use of our Services;
(vi) damage resulting from theft or loss of access password or negligence of Users.
(vii) damage or loss caused by Force Majeure or Hardship as defined in Article 7;
(viii) indirect and consequential damage, such as, but not limited to, loss of profit, loss of savings, damage to third parties.
6. Support and Maintenance
6.1 HealthBlocks shall use its best effort to maintain the availability of its Services, but shall never guarantee the uninterrupted availability. In the event of problems with the availability of a Service, HealthBlocks undertakes its best effort to solve such issue as soon as reasonably possible, without offering any guarantees.
6.2 HealthBlocks performs maintenance activities and implements updates to the Services on a regular basis. HealthBlocks strives to minimise the impact on the availability of the Services, but does not exclude any downtime in this respect. If the impact on the availability of the Services is significant, HealthBlocks will strive to inform the User thereof beforehand to the best of our ability.
6.3 When the User is in need of assistance or has an enquiry with respect to the App or a Challenge, the User can contact HealthBlocks on the email address [email protected]
7. Force Majeure & Hardship
7.1 In the event of Force Majeure, Healthblocks has the right to temporarily suspend the performance of its obligations without being liable for any damages.
7.2 A situation of Force Majeure or Hardship that continues beyond three (3) months shall entitle either party to terminate the Agreement with immediate effect by simple written notification, without judicial intervention and without any liability.
8. Intellectual Property
8.1 The User explicitly acknowledges that HealthBlocks shall own and retain all intellectual property rights with respect to the Services and the way in which the Services are provided, accessed and used, such as, but not limited to: rights associated with the (source) code, other authorship rights, design rights, know how, trademarks, domain names and database rights.
8.2 The User shall not use HealthBlocks’s company name or trademarks as part of the User’s name or in any manner capable of misrepresenting the relationship between the User and HealthBlocks. The User shall not alter, remove or tamper with the brands, trademarks, or other means of identification of HealthBlocks.
8.3 All Personal Data belongs to you and/or as agreed with the Data Partners. We only perform tasks as instructed by you and will never share data without your consent. Even then, all data remains yours (with the exception of, for example, results based on aggregated/anonymous data, etc.).
9. Privacy
9.1 By subscribing to our Services and/or by connecting their personal wearables and/or Health Apps to our App, Users disclose Personal (health) Data to us for which they priorly give their (explicit) consent. In such event, we act as controller.
9.2 The Privacy Policy includes information about the personal data collected by HealthBlocks, as well as the manner in which we use and process this personal data for certain purposes. Our Privacy Policy can be consulted (i) when the User accesses the purchase HealthBlocks Services for the first time or (ii) on the Website at any time. Please follow the following link to consult HealthBlocks Privacy Policy.
10. Miscellaneous
10.1 HealthBlocks reserves the right to change or update the Terms at any time. New or amended Terms shall apply from the thirtieth (30th) day after they were accepted by the User.
10.2 Any failure or delay by HealthBlocks in exercising any right of these Terms any single or partial exercise of any right under these Terms or any partial reaction or absence of reaction by HealthBlocks in the event of violation by the User of one or more provisions of these Terms, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of HealthBlocks’ rights under these Terms, nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by HealthBlocks, this waiver cannot be invoked by the User in favour of a new failure, similar to the prior one, or in favour of any other kind of failure.
10.3 If these Terms is for whatever reason held to be unlawful, invalid or unenforceable, such provisions shall be deleted and the remaining parts or clauses shall not be affected and shall remain valid and enforceable as if the invalid or unenforceable parts or clauses were not part of these Terms.
10.4 Any such part or clause shall be replaced by a provision that, insofar as legally possible, comes closest to the intention of parties in the affected part or clause. Parties shall in good faith negotiate and agree a mutually acceptable provision that shall replace the deleted provision.
11. Disputes and Complaints
11.1 The present Terms as well as any agreement between parties, of whatever nature, are governed by and construed in accordance with the laws the Netherlands, with exclusion of all conflict of laws rules.
11.2 HealthBlocks does its utmost to ensure that the Users are satisfied. In the event that a User nevertheless has a complaint, they may contact us at any time via email to [email protected]. Users must clearly specify the complaint in their accompanying email.
11.3 In the event that the User is not satisfied with the solution proposed by HealthBlocks, they can always:
(i) contact the Consumer Mediation Service of the FPS Economy, which is authorized to receive any request for out-of-court settlement of consumer disputes. The latter will in turn either process the application itself or forward it to a qualified entity. The User can reach the Consumer Ombudsman Service in the Netherlands via this link: https://www.degeschillencommissie.nl/;
(ii) in the event of a dispute of a cross-border nature, use the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr.
Section B: Specific Provisions Applicable to the Challenges
Next to getting personalized insights in your health journey via our App, you can participate in health challenges and earn rewards as you reach your goals.
12. The Game Rules
12.1 Each Challenge published in our App will be accompanied by its specific Game Rules, including but not limited to: description of the Challenge and its (weekly) goals to be obtained, if applicable, which Business Partner is sponsoring the Challenge, the minimum threshold of participants in order for the Challenge to go live, rules for Rightful Completion of the Challenge, the deadline for participation and the duration of the Challenge, amount of the Entry Fee, the Reward to be won upon Rightful Completion and other miscellaneous information.
12.2 Users should always consult our Game Rules in our App prior to participating to our Challenges. Game Rules are binding to all Users who wish to participate to a Challenge without exception.
13. Participation Treshold
13.1 We or the Business Partner will stipulate a minimum amount of participants that need to participate to a Challenge in order for a Challenge to go live. A maximum number of participant may also be stipulated.
13.2 We take our best efforts in organizing our Challenges on our App as we highly value to support you in your healthy lifestyle. However, a Challenge that is open for participation might be cancelled if the minimum threshold of Users to participate in the challenge as stipulated in the Game Rules is not reached. Should such event occur, the affected Users will be fully refunded for the applicable Entry Fee that they had already paid.
14. Entry Fees
14.1 All of HealthBlocks prices for its Entry Fees prior to entry of our Challenges are in EUR and include VAT and any other levies or taxes.
14.2 The amount of Entry Fees are fixed and equal for all Users. The amount of our Entry Fees is solely to be determined by us or in such occasion our Business Partner who might decide to carry a part of the required Entry Fee at their own expense.
15. Right of Withdrawal
15.1 Users have the option to withdraw from a Challenge at any time before the Challenge starts by pressing the “Leave Activity Pool” button.
15.2 The User does not have a right of withdrawal when the Challenge has already commenced.
16. Deadline for participation
16.1 For each Challenge published to our App, the applicable Game Rules will specify the relevant Deadline for Participation, meaning that Users can only enter this Challenge within the set timeframe by paying the required Entry Fee. These Deadlines are written by taking into account the GMT+1 time zone of the Netherlands.
17. Duration of a Challenge
17.1 The Duration of each Challenge shall be specified in the applicable Game Rules of that Challenge.
17.2 The duration of the Challenges may vary and might be structured in increments unless otherwise specified in the Game Rules. Throughout those increments, the participating Users will have personalized goals that must be achieved by the end of that increment.
17.3 Failure to sync your data in a timely manner to our Services will result in expulsion of the Challenge without the need for HealthBlocks to refund you any applicable fees, including the paid Entry Fee.
18. Cancellation of Challenges
18.1 The cancellation of a Challenge upon request by a User for whatever reason shall automatically result in the termination of the participation to the relevant Challenge. Such action will therefore also cause the loss of access to the Challenge on our App without any right for Users to claim refunds for any Fees paid.
18.2 In the event Force Majeure or Hardship (see Article 7) might lead to cancellation of an active Challenge to which you had already paid the applicable Entry Fee, the affected Users will be fully refunded for the applicable Entry Fee that they had already paid.
19. Rewards
19.1 When Users finish a Challenge conform Rightful Completion, they may be granted with the Reward as prescribed in the applicable Game Rules.
19.2 Examples of Rewards include but are not limited to: cash prizes, coupons, vouchers, gadgets, etc.
19.3 Rewards are solely granted upon Rightful Completion of a Challenge within the set Game Rules.
19.4 Payout of Rewards is strictly personal and may never be transferred from one User to another without any exceptions.
19.5 We and/or the Business Partner reserve ourselves the right to revoke any issued Rewards, even after Rightful Completion of a Challenge, if it comes to our attention that you have violated the applicable Game Rules and/or used our Services in discordance with these Terms. The revocation of the Rewards will under no circumstances entitle applicable Users to compensation of any kind for their loss of these Rewards.
20. Payments & Payout
10.1 All payments or refunds of Entry Fees are managed by our third party partner ‘OPP’ and are therefore covered by the Third Party Payment Terms, which you can find here.
10.2 All payouts of Rewards are managed by our third party partner ‘PayPal’ and are therefore covered by the Third Party Payment Terms, which you can find here.
21. Health advice
21.1 Users should participate in our Challenges only if their health permits this activity. We advise to consult a qualified healthcare provider before participating to our Challenges should you have any health issues that could be impacted by the activity required for our Challenges.
21.2 Our Services are intended solely to support a healthy lifestyle and should not be considered a substitute for the advice, diagnosis or treatment of a physician, professional coach, psychotherapist, or other qualified professional. Users should not ignore or delay seeking medical advice for medical or mental health problems they may have and should seek the help of their healthcare professionals for such conditions. We do not provide medical advice, diagnosis, or treatment and our Services are not intended to replace the advice of a qualified healthcare professional. By using our Services, you agree that you have read and understood this disclaimer.
Section C: Specific Provisions Applicable to the Data Partners
HealthBlocks is driving collective health and boosting digital health innovation by securely unlocking the potential of health data, all while ensuring ownership and control remain firmly in your hand.
22. Data Partners
22.1 Together with you and our Data Partners, we can foster important discoveries, personalized health interventions and collective well-being innovations. In this context, you may receive a request from us to share certain Personal Data with our Data Partners, enabling groundbreaking research, AI model training and driving innovation and insights in healthcare and beyond, all while upholding the highest standards of data privacy and security (such as encrypting your data). We will always operate transparently in this regard and will only facilitate this upon your explicit consent. It’s entirely up to you!
22.2 Please consult our Privacy Policy for more information how we process your personal data via the following hyperlink: https://www.healthblocks.ai/legal/privacy-policy-2023-4ba91