Abby Health – Terms of Use

Last updated: 23 April 2025

Abby is a trademark of I Sandler CC • Reg. No. 2007/057116/23
Registered office: 18 Bessemer Street, Amalgam, Johannesburg 2092

I. Introduction and Eligibility

These Terms of Use form a binding contract between you and I Sandler CC (“Abby”, “we”, “us”). By accessing or using any part of the Abby Service you accept these Terms of Use. If you do not agree, do not use the Service. You must be at least 14 years old and—if you are 14 to 17—have parental or guardian consent (see Section III).

We may update these Terms of Use at any time by posting a revised version. Your continued use after changes means you accept the new terms.

II. The Abby Service

The Abby Service includes our websites (e.g., www.go-abby.co.za), mobile apps and Abby Health Stations. The Service lets you store, view and track your own information, including health-related data (“Body Measurements”).

No medical advice. Abby provides information for educational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment.

Screening tool only. The Abby Health Station and app are screening tools, not diagnostic medical devices. Measurements are indicative and may contain error. Always seek professional advice before making health decisions based on Abby results.

II A. Data Protection & Privacy (POPIA)

Information we collect – identification, contact details, user-generated data, Body Measurements, and device/usage data.
Lawful grounds – consent; contract performance; legitimate interests (e.g., security, analytics); or legal duty.
Use of information – to operate, maintain, improve and secure the Service; display your results; run the Rewards Programme; communicate with you; conduct research (aggregated or de-identified); and comply with law.
Sharing & transfers – we do not sell personal data. We share only with service providers under contract, with partners you opt in to, or when legally required. Cross-border transfers follow POPIA s72 safeguards.
Retention – personal data is kept only while needed for the purposes above or to meet legal obligations, after which it is securely deleted or de-identified.
Your rights – access, correct, delete, object, withdraw consent, data portability. Contact privacy@go-abby.co.za.
Direct marketing – sent only with prior opt-in consent (or to existing customers for similar services). Every message explains how to unsubscribe. Standard network rates apply.

III. Use by Minors

The Service is designed for adults.
Teenagers aged 14 – 17 may use it only if a parent or guardian has consented. By using the Service, the teenager confirms that such consent exists. Responsibility for obtaining and supervising that consent rests with the parent or guardian.
A parent or guardian may at any time request deletion of the teenager’s account and personal information.
Children under 14 may not use the Service.

IV. Your Account

You are responsible for keeping your username and password confidential and for all activity under your account. Notify support@go-abby.co.za immediately if you suspect unauthorised use.

Closing your account. You may delete your account at any time in the app or by e-mail. We will deactivate the login and erase or de-identify personal data unless law requires retention; anonymised statistics may be retained. Deleted accounts cannot be restored.

V. Communications

Abby may contact you by e-mail, SMS, WhatsApp, in-app notification or phone.

Service messages (security alerts, account notices) are mandatory while your account is active.
Marketing messages are sent only with prior opt-in consent, or to existing customers for similar Abby services. Each message explains how you can opt out; opt-out requests are honoured promptly.

Standard messaging, data or network fees are your responsibility. Delivery depends on your provider.

VI. Rewards Programme

When you create an Abby account, you will be enrolled in our Rewards and Loyalty Programme (“Rewards Programme”), which promotes healthy activities and behaviours both offline and online through distribution of Abby Points. The Rewards Programme is offered in conjunction with our Rewards Partners who provide and/or honour Abby Rewards. The specific laws, rules and regulations governing certain promotions or contests through the Rewards Programme may vary, and your participation constitutes your agreement to abide by those laws, rules and regulations.

“Abby Points” represent a point value awarded for qualifying exercise and other behaviour offered by Abby as a reward-earning opportunity. Abby Points are at all times the property of Abby, are not transferable, cannot be combined with another user’s points unless specifically allowed, are not redeemable for cash or currency, and have no fixed cash value.

“Rewards” are issued by Rewards Partners and may be tendered in the form of electronic promotion codes, mailers, goods, services, or gift certificates. Rewards are subject to availability, terms set by Rewards Partners, and may change at any time.

Eligibility, earning, redemption rules, point accuracy, audits, modification rights and other details remain as stated in the 21 October 2024 Terms (Sections VI A – VI H).

VII. Abby Content Ownership and Use

The contents of the Abby Service include designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code and other material (“Abby Content”). All Abby Content and its compilation are the property of Abby or its licensors and are protected under copyright, trademark and other laws. Except as expressly authorised in writing, you may not modify, copy, distribute, frame, scrape, rent, lease, loan, sell, or create derivative works based on the Abby Service or Abby Content. We grant you a limited, revocable licence to use Abby Content for personal use of the Service.

VIII. Intellectual Property Rights and Licence to Abby

Your ownership. You retain all rights to any content you upload or create on the Abby Service (“User Content”).

Limited licence to Abby. You grant Abby a world-wide, perpetual, royalty-free licence to host, display, back-up, adapt and otherwise use your User Content solely to:

operate, maintain and improve the Service;
show you your own data and trends;
troubleshoot, test and develop new features;
promote the Service internally (e.g., investor decks, staff training).

Marketing use requires separate consent. Abby will not use personal photos, videos or health-related data in public-facing marketing without your clear, separate permission.

Aggregated insights. Abby may create and publish anonymised or aggregated statistics that do not identify you.

Your warranties. You warrant that you have all rights to upload the User Content and that it infringes no law or third-party rights.

IX. Copyright Policy

Abby respects the intellectual-property rights of others. If you believe content on the Abby Service infringes your copyright, please send a written notice to copyright@go-abby.co.za with (i) your contact details, (ii) identification of the work claimed to have been infringed, (iii) identification of the infringing material and its location, (iv) a statement of good-faith belief, and (v) your signature. Abby may remove or disable access to the material and, for repeat infringers, terminate accounts.

If you believe material was removed in error, you may file a counter-notice with the same information plus a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake.

X. Suggestions and Submissions

We welcome feedback, but if you send us creative ideas, suggestions or materials (“Creative Ideas”) you agree that Abby will own all rights to those Creative Ideas, may use them without obligation of confidentiality or compensation, and may exploit them for any purpose.

XI. User Content Disclaimers, Limitations and Prohibitions

Abby does not guarantee the accuracy or reliability of User Content. You accept that you may be exposed to content that is offensive, inaccurate or objectionable. You are solely responsible for your User Content and may be liable if it is false, defamatory, violates third-party rights, or violates any law.

Prohibited uses include attempting to interfere with the Service, reverse-engineering, scraping, posting false information, harassing others, posting advertising without permission, or using the Service for illegal acts.

XII. Consequences of Violating These Terms

We may suspend or terminate your account and access to the Service for any violation of these Terms. You are responsible for claims, penalties or liabilities arising from your breach.

XIII. Abby’s Liability

Changes to the Service

We may change, suspend or discontinue any part of the Service at any time.

Availability

The Service, including kiosk access and data synchronisation, may be unavailable or delayed during maintenance, power failures, load-shedding, network outages or other events beyond our control. Abby is not responsible for loss resulting from such downtime.

Limited Liability

To the extent permitted by law, Abby’s total liability to you for any claim arising out of the Service will not exceed the greater of (a) the fees you paid to Abby in the past 12 months or (b) ZAR 10 000. Abby is not liable for lost profits, lost business, loss of data or any indirect or consequential damages.

Your Indemnity

You agree to compensate Abby for any loss or expense (including reasonable legal fees) that results from your breach of these Terms of Use or misuse of the Service.

XIV. General Terms

These Terms of Use are the entire agreement between you and Abby regarding the Service. If any provision is found invalid, the remaining provisions remain in force. Section headings are for convenience only.

XV. Dispute Resolution

Disputes. South African law applies.

Talk to us first: e-mail support@go-abby.co.za so we can try to resolve the issue informally.
Individual consumers: you may take the matter to the Consumer Goods & Services Ombud, the National Consumer Tribunal, or arbitration.
All other disputes: unresolved matters go to binding arbitration in Johannesburg under AFSA rules; one arbitrator; award enforceable in court.
Urgent relief: either party may seek an interdict in court.
Time limit: any claim must be brought within one year of arising.

Thank you for using Abby Health.