Kardia App Terms of Use
The website accessible at alivecor.com (the "Site") is owned by AliveCor, Inc. ("AliveCor" or "we").
Subject to the terms of use set forth below (the “Terms of Use”), AliveCor grants you the right to use the Website, our application software, including but not limited to Kardia (collectively, “Software” or “App”), and the services provided through the Website or the Software, as set forth below (collectively, the "Services").
The term "you" means the visitor to the website.
PLEASE READ THESE TERMS OF USE CAREFULLY.
BY CLICKING "ACCEPT" OR ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE OR ACCESS THE SERVICE.
BY ACCEPTING THESE TERMS OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, THE "TERMS").
If you are not an authorized user or do not agree to the terms, you are not permitted to use the service.
THE SERVICE IS AVAILABLE TO KARDIA USERS IN THE UNITED STATES, AUSTRALIA, ARUBA, CANADA, FRANCE, GERMANY, HONG KONG, INDIA, IRELAND, ITALY, JAMAICA, THE NETHERLANDS, SPAIN, TRINIDAD, TOBAGO AND THE UNITED KINGDOM .
THE SERVICE IS INTENDED FOR THE RECORDING, DISPLAY, STORAGE AND TRANSMISSION OF ELECTROCARDIOGRAMS (“ECG DATA”) ONLY.
AS A USER OF THE SERVICE, YOU ARE RESPONSIBLE FOR THE ECG DATA RECORDED AND STORED BY THIS SERVICE.
THE SERVICE IS NOT INTENDED FOR THE DIAGNOSIS OF HEART DISEASE OR FOR THE AUTOMATIC NOTIFICATION OF PATIENTS OR HEALTHCARE PROFESSIONALS ABOUT POTENTIALLY SERIOUS CARDIAC DISEASES OR ARHYTHMIC DISORDERS.
THE SERVICE IS NOT INTENDED FOR CONTINUOUS MONITORING, AND WE DO NOT GUARANTEE THAT ANY MESSAGES SENT THROUGH THE SERVICE WILL BE RESPONDED TO BY A DOCTOR OR THAT MEDICAL EVENTS REPORTED THROUGH THE SERVICE WILL RESULT IN A RESPONSE FROM ONE OR MORE DOCTORS.
ALTHOUGH ALIVECOR MAY MAKE AN OPTIONAL ECG EVALUATION SERVICE AVAILABLE FOR YOU FOR YOUR USE OR LINK BETWEEN YOUR ACCOUNT AND YOUR HEALTH CARE PROVIDER THROUGH OUR KARDIA PRO SERVICE, ALIVECOR DOES NOT AUTOMATICALLY REVIEW, MONITOR, EVALUATE OR ANALYZE ANY INFORMATION GENERATED BY THE SERVICE.
YOU ARE RESPONSIBLE FOR SUBMITTING YOUR MEDICAL DATA TO YOUR DOCTOR SO THAT IT CAN BE APPROPRIATELY ANALYZED AND A DIAGNOSIS MAY BE MADE.
Unless you are a consumer in a jurisdiction that prohibits the exclusive use of arbitration to resolve disputes, these Terms provide that any dispute between you and AliveCor shall be resolved by BINDING ARBITRATION.
YOU AGREE TO WAIVER YOUR RIGHT TO ACCESS TO COURT to assert or defend your rights under this Agreement; however, this does not apply to matters that may be brought before small claims courts.
Your rights will NOT be determined by a judge or jury, but will be decided by a NEUTRAL ARBITRATOR, and your claims cannot be pursued in a class action lawsuit.
See Section 24 (“Dispute Resolution and Arbitration”) for more information on our agreement to arbitrate any disputes with AliveCor.
Use of the Service.
The Service is intended solely for the uploading, viewing and sharing of data with your healthcare provider; you may also use certain information about yourself as permitted by the Service.
You may not access or use the Service for any other purpose.
You may only use the Service, including any data provided to you on or by the Service or otherwise hosted or stored by AliveCor, on your own behalf for lawful and appropriate purposes; this is subject to your full compliance with these Terms and other policies and guidelines applicable to the Service and posted by AliveCor from time to time.
Permission to use.
You must be at least 18 years old to use the Service.
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) your use of the Service has not previously been suspended and you have not been removed from the Service; and (c) your registration and use of the Service will comply with all applicable laws and regulations in your local jurisdiction.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms, and you agree to be bound by these Terms on behalf of that organization .
Accounts and Registration.
In order to access most features of the Service, you must register to create an account.
When you register for an account, you may be required to provide us with certain information about yourself, including personal information such as name, email address, password, gender, height, and date of birth.
You are free to choose whether to provide us with additional information.
You represent that the information you provide to us is accurate and that you will ensure that it is accurate and up to date at all times.
When registering, you will be asked to enter a password.
You are solely responsible for maintaining the confidentiality of your account information and password, and you accept responsibility for all activities that occur on your account.
If you have reason to believe that your account is no longer secure, you must notify us immediately at support@alivecor.com.
If your account has been inactive for more than twelve (12) consecutive months, it may be automatically terminated.
Payment.
You may be required to pay fees to access the Service or certain features of the Service.
Prior to paying any fees, you will have an opportunity to review and agree to any such fees that will be charged to you.
Fees are non-refundable to the extent permitted by applicable law.
Should AliveCor change the fees for the Service, including by charging additional fees or charges, AliveCor will notify you of such changes in advance.
If you do not accept such changes, AliveCor may stop providing the Service to you.
AliveCor will charge the payment method provided at the time of purchase.
You authorize AliveCor to charge this payment method to settle all amounts as set forth in these Terms for the Service you have selected.
If you are paying any Fees with a credit card, AliveCor may pre-authorize your credit card account prior to your purchase to ensure that the credit card is valid and has sufficient funds or balance to cover your purchase amount.
The Service may include features to enable, update, or cancel recurring payments for recurring fees.
If you enable or update recurring payments through the Service, you authorize AliveCor to periodically and continuously bill all accrued amounts on or before the applicable due date until the recurring payments are canceled or your account is terminated.
If you update or cancel any previously authorized one-off or recurring payments through the Service, it may take several business days for the update or cancellation to take effect.
As stated in the Privacy Policy, AliveCor does not collect or store any account information.
license.
AliveCor owns and operates the Service.
The documents and other information and content provided via the Service (“Page Content”) are protected by copyright and other intellectual property laws worldwide.
All copyright notices and other proprietary notices incorporated into Site Content must appear on all copies of such Content.
Any unauthorized duplication, modification, distribution, public display or performance of site content is strictly prohibited.
AliveCor and its suppliers reserve all rights not set forth in these Terms.
Subject to the restrictions contained in these Terms, AliveCor grants you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to install and use the App in object code format on devices owned or controlled by you solely for use of the Service condition.
By downloading or using our App(s),
confirm that the App is licensed and not sold to you; and
acknowledge that the use and operation of your Device in connection with your use of the App is subject to third party terms and conditions (e.g., your wireless service provider's terms of service) and any third party charges (e.g., charges for phone service, data access, or messaging features ) may be subject to and that you are solely responsible for paying all such fees.
Clinical Evaluation Service.
General.
AliveCor's clinical evaluation service (the "Clinical Evaluation Service") is a third-party resource that imports, reviews, and evaluates your data in collaboration with AliveCor.
The clinical reporting service notifies AliveCor of any findings that emerge from your data.
AliveCor will then make these findings available to you through the Service.
By accepting these Terms, you agree to be enrolled in the Clinical Evaluation Service, but you may choose to use the Clinical Evaluation Service at your own discretion.
You will only be charged for the Clinical Evaluation Services if you use a Clinical Evaluation Service.
AliveCor reserves the right to change providers of the Clinical Evaluation Service or to discontinue one or more offerings of the Clinical Evaluation Service.
reports.
You may use the Service to generate reports of findings AliveCor has generated from your data.
No report provided by AliveCor and any clinical evaluation service constitutes a diagnosis.
The evaluated report is for your information and may be used by your doctor as an aid in making an appropriate diagnosis and treatment, taking into account your entire medical history.
Only your doctor can make a diagnosis based on your data.
It is your responsibility to provide your medical information to your doctor for proper analysis and diagnosis.
ECG recordings.
You have the option of creating an ECG recording on your device at any time.
Your EKG recordings are subject to several factors related to your health and activities.
AliveCor and the providers of the clinical evaluation service do not warrant the accuracy or clinical significance of the evaluated data.
Please note that your data may be interpreted in a different way by your doctor.
If you choose to use a clinical evaluation service, we will share your information once you have given us consent through the service.
Limitations.
Because telemedicine may be restricted in local jurisdictions, your use of the clinical evaluation service may be restricted.
Because you collect your information via a mobile device, you are responsible for ensuring that use of the clinical reporting service does not violate local telemedicine laws applicable to you.
Personalized Monitoring Service.
In certain circumstances, AliveCor may send you notifications or recommendations for action based on AliveCor's analysis of your historical data and other drug, symptom, or activity information you provide to AliveCor.
For example, AliveCor may recommend that you periodically submit your data to the clinical reporting service for the purpose of ongoing monitoring of your heart health.
Such notifications or recommendations for action, or the absence of such notifications or recommendations, should not be taken as an indication of your medical condition; furthermore, such notifications or recommendations for action do not constitute a substitute for the opinion of your doctor.
It is your responsibility to provide your information to your doctor and to discuss with them what course of action would be appropriate given your medical history.
AliveCor may allow you to set up reminder notifications on the Service, for example setting up medication reminder notifications.
AliveCor does not warrant the accuracy, reliability, completeness, or timeliness of push notifications as portions of the process occur outside of AliveCor's control.
You acknowledge that you are solely responsible for relying on such notifications and AliveCor shall have no liability for your handling of such notifications.
You agree that AliveCor may send push notifications to your mobile device for service or marketing purposes, provided that this option is enabled and in accordance with the Privacy Policy.
You can disable such push notifications via your device settings.
User Representations and Warranties.
Kardia and Kardia Pro users represent, warrant and represent AliveCor that in the US, Anguilla, Australia, Aruba, Austria, Bahrain, Belgium, Canada, Chile, France, Germany, Hong Kong, Hungary, India, Ireland, Israel, Italy, Jamaica, Kuwait, Luxembourg, Malta, Netherlands, New Zealand, Norway, Oman, Pakistan, Poland, Qatar, Spain, Switzerland, Trinidad, Tobago, United Kingdom, or United Arab Emirates.
All users represent, warrant and represent AliveCor that (1) these Terms have been executed by you, are being complied with and constitute a valid and binding agreement entered into by you and enforceable against you pursuant to the terms set forth herein; (2) if you are using the Service on behalf of another entity, you, as an authorized representative of that entity, agree to bind that entity to these Terms and have the authority to do so; (3) you access and use the Service only in a manner expressly permitted by these Terms and any additional instructions and policies or guidelines issued by AliveCor, including any policies or guidelines posted on the Service; (4) you will act in full compliance with applicable laws in your access to and use of the Service; and (5) all information, data and other materials provided by you when registering for an account are accurate and true in all respects.
User Content
User Content in general.
Certain features of the Service may allow you, your healthcare provider, or other users to upload content, including but not limited to uploading messages, images, data, text, location information, and other types of information ("User Content"), and to post User Content as part of the service.
You retain copyright, including all moral rights and other proprietary rights you may have, in User Content you post on the Service; provided that if you link your account to our Kardia Pro service or information systems provided by your healthcare provider, any information you provide to your healthcare provider may be included in your medical records and copies of such information may be made in accordance with applicable law may be owned and/or controlled by your healthcare provider.
Limited License Grant to AliveCor.
By posting or publishing User Content, you grant AliveCor a perpetual, irrevocable, worldwide, nonexclusive, royalty-free, fully paid-up, and transferable right and license (with the right to sublicense) to use, host, store, Transmitting, displaying, performing, reproducing, modifying, distributing your User Content and creating derivative works thereof, in whole or in part, for any purpose that is compliant with the Privacy Policy; this applies to all media formats and the use of all media channels currently known or developed at a later date.
In addition, we may create anonymized data and images based on your User Content, in which case such data and images will no longer be considered your User Content.
You irrevocably and forever waive any right you may have to modify or edit your User Content that you do not agree with.
AliveCor reserves the right, in its sole discretion, to refuse to accept, post, display or transmit any of your User Content.
Limited License Grant to Other Users.
By posting or sharing User Content with other users of the Service, or linking your account to your healthcare provider through our Kardia Pro Service, you grant such users and/or healthcare providers a non-exclusive license to access and use such User Content in accordance with these Terms as well as within the functionality of the service.
User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing such User Content.
By posting or publishing any User Content, you represent, represent and warrant that:
You are the creator and owner of the User Content or have the necessary licenses, rights, consents and permissions to authorize AliveCor and users of the Service to use and distribute your User Content to the extent necessary to exercise the licenses granted to you in this section is, but to the extent permitted by AliveCor, the Service and these Terms; and
Your User Content, and use of Your User Content under these Terms: (i) will not infringe, violate, or misappropriate any right of any third party, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other proprietary or intellectual property right will; (ii) will not slander, disparage, or infringe the privacy, publicity, or other proprietary rights of any other person; and (iii) not cause or become a violation of any law or regulation by AliveCor.
You agree to pay any fees, royalties, or other amounts owed to any person by your posting of User Content on or through the Service.
User Content Disclaimer.
We are under no obligation to edit or control any User Content that you or any other user posts or publish, and we shall have no responsibility or liability for any User Content.
However, AliveCor may, at any time and without notice, review, remove, edit, or block any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable.
You acknowledge that while using the Service, you may be presented with User Content from a variety of sources and that User Content may be inaccurate, offensive, objectionable, or objectionable.
To the maximum extent permitted by applicable law, you agree to waive and waive any rights that you may have or may have at law or in equity against AliveCor with respect to User Content.
We expressly disclaim any and all liability in connection with User Content, to the fullest extent permitted by applicable law.
If a user or content owner advises us that the user content may not be in compliance with these Terms, we may investigate such claim and, in our sole discretion, determine whether to remove the user content, reserving the right to to do so at any time and without notice.
Handling Unlawful User Content
If you believe that any User Content does not comply with these Terms, please let us know.
We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) that apply to our business operations (17 United States Code Section 512, as amended). ).
If you have an intellectual property rights-related complaint with respect to any material posted on the Service, you may contact our Designated Agent at the following address:
AliveCor, Inc.
ATTN: Legal Department (Copyright Notification)
444 Castro Street, Suite 600
Mountain View, CA 94041
USA
+1 650-396-8650
E-Mail: copyright@alivecor.com
Please note that knowingly providing false, misleading, or inaccurate information about the infringing nature of User Content may result in civil or criminal penalties under applicable law.
Any notice within the meaning of the Digital Millennium Copyright Act (DMCA) alleging an allegation that material hosted or distributed through the Service infringes intellectual property rights must include all information required by the DMCA to provide such notices.
Repeat Violations.
Accounts of users identified by AliveCor as "repeated infringers" will be terminated immediately and without notice.
A repeat infringer is a user who has been notified of their infringing activity or had User Content removed from the Service at least three times.
Prohibited Behavior.
BY USING THE SERVICE, YOU REPRESENT THAT YOU:
(a) use or access the Service in any jurisdiction that does not permit such use or access, (b) use or access the Service for any illegal purpose, and (c) violate any local, state, national, or violate international law;
engage in activities that may harm others or damage AliveCor's reputation;
will not infringe the rights of any third party, including by infringing or misusing any intellectual property rights of any third party or disclosing any personal information of another person, and will not incite any other person to violate such third party rights;
post, upload or distribute any marketing or promotional links or content or any User Content or any other unlawful, defamatory, libelous or inaccurate content, or any content that could reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, libelous , hostile or otherwise inappropriate;
use scrapers, robots or any other data collection means on or through the Service, or frame or otherwise make the Service available to any third party without AliveCor's permission;
not interfere with security-related features of the Service, including by: (a) disabling or bypassing features that prevent or restrict the use or copying of Content; or (b) reverse-engineer, decompile, or otherwise attempt to decipher the source code of any portion of the Service, including the App(s), except to the extent applicable law expressly permits such activity notwithstanding this limitation;
interfere with the operation of the Service or the use of the Service by any other user, including without limitation, engaging in any of the following activities: (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other harmful code; (b) send an unsolicited offer or advertisement to another user of the Service; (c) attempt to collect personally identifiable information, including but not limited to EKG data or other medical information, about another user or a third party without their consent; or (d) interfere with or disrupt any network, device or server connected to or used in the provision of the Service or violate any regulation, policy or procedure applicable to such network, device or server;
engage in fraudulent activities, including but not limited to impersonating any person or entity, misrepresenting any affiliation, accessing other services or accounts without permission, and falsifying your account registration information;
modify, translate or create derivative works from, adapt or compile the Service or any part of it, or use, copy or reproduce the Service or any part of it for any purpose other than as permitted in these Terms;
not assign, sublicense, lease, sell, otherwise transfer, or otherwise transfer, the access granted under these Terms, any Materials (as defined in Section 15), or any right to display, access or use the Materials, or any opportunity therein grant security rights; and
not perform any of the acts described in this Section 10 or assist or permit any other person to perform any of the acts described in this Section 10.
Third Party Services and Linked Sites.
The website may contain links to other websites operated by third parties.
Such third party websites are not under the control of AliveCor and we are not responsible for the content of any third party website or any link contained in a third party website.
AliveCor is providing these links only as a convenience.
AliveCor does not review, approve, monitor or endorse third party websites and makes no representations or warranties with respect to such websites.
AliveCor may provide tools through the Service that enable information, including but not limited to EKG data and User Content, to be exported to, or imported from, third-party applications or services such as Google Fit or Apple Health.
Such tools include, among other things, features that allow your account to be linked to a third-party account on AliveCor.
By using any of these tools, you represent, warrant and agree that such transfers are permitted under applicable law and that you have the right to transfer such information to or from the applicable third-party service in accordance with this Privacy Policy extract and that we may do so on your behalf.
Third party services are not under our control and we are not responsible for any third party's use of your exported information.
If you enable features of the Service designed to import information from such third-party services, you hereby grant AliveCor permission to use such imported information and to disclose such information to third parties, such as your healthcare provider, in accordance with the Privacy Policy and applicable law; further, you hereby grant AliveCor a perpetual and irrevocable license to such use and disclosure.
The Service may also contain links to third party websites.
Linked websites are not under our control and we are not responsible for their content.
termination of use; Discontinuation and Modification of the Service.
You may terminate your account at any time by following the procedures outlined on AliveCor's website or by contacting customer service at support@alivecor.com.
If you breach any provision of these Terms, your permission to use the Service will automatically terminate.
In addition, AliveCor may, in its sole discretion, terminate your account for use of the Service, with or without prior notice, or suspend or terminate your access to the Service at any time if you have breached any provision of these Terms, or any part of the Service no longer provide or if there is any other reason.
Furthermore, we reserve the right to temporarily or permanently modify or discontinue the service at any time (in particular by restricting or discontinuing certain functions of the service) without us having to inform you of this.
To the maximum extent permitted by applicable law, we shall not be liable for any modification of the Service or any suspension or termination of your access to or use of the Service; however, if AliveCor ceases to operate the Service and accordingly terminates your access to the Service, you are entitled to a prorated refund of any prepaid fees you paid AliveCor for use of the Service.
Upon termination of your account or this Agreement for any reason, AliveCor may, in its sole discretion, delete any data associated with your account.
privacy policy; additional requirements
Privacy Policy.
This privacy policy (“Privacy Policy”) provides information about how we collect, use, store and disclose your personal information.
Please read this privacy policy carefully.
By this notice, this Privacy Policy is incorporated into, and constitutes a part of, these Terms.
You consent to the collection, hosting, use, disclosure and other processing or handling of your personal data (including the sharing of data with third parties) in accordance with the terms set out in the Privacy Policy.
Additional requirements.
Your use of the Service is subject to any additional terms, policies, guidelines, or regulations applicable to the Service or specific features of the Service that we may post or link to on the Service (the "Additional Terms"), such as end user license agreements for downloadable application software or regulations applicable to specific features or content of the Service; this provision is subject to Section 14. Any additional terms are incorporated into these Terms by this notice and form a part of these Terms.
Changes to these Terms.
We reserve the right, at our discretion, to change these Terms at any time in the future.
Please check these Terms periodically for changes.
If a change to these Terms materially changes your rights or obligations (“Material Changes”), we will notify you of the changed Terms by email, which we will send to the email address on file in your user profile.
Material changes will take effect once you accept such changes.
Non-substantial changes are effective upon posting.
The version of these Terms in effect at the time the dispute arose will be used to resolve any dispute arising out of these Terms.
If you do not agree to any changes to these Terms, your sole and exclusive remedy is to delete your account.
You may not change or modify these Terms under any circumstances.
Property; property rights.
The Service is owned and operated by AliveCor.
The visual interfaces, graphics, design, compilation, information and data, computer code (including source or object code), products, software, services, and any other elements of the Service ("Materials") that provided by AliveCor are protected by intellectual property and other laws.
All materials contained in the Service are owned by AliveCor or our third party licensors.
Unless AliveCor has given express permission, you may not use the Materials.
AliveCor reserves all rights in the Materials not expressly granted in these Terms.
subcontractors.
You agree that AliveCor may engage third parties (including AliveCor affiliates) to operate or provide all or any part of the AliveCor Service or website, or to assist in such operation or provision, for example, with respect to the clinical evaluation service.
Feedback.
If you decide to submit feedback regarding problems with the Service or suggestions for changes or improvements to the Service ("Feedback"), you hereby grant AliveCor an unrestricted, perpetual, irrevocable, nonexclusive, fully paid-up, royalty-free right to use the Feedback in any way and for any purpose, including to improve the Service and develop more products and services.
indemnification.
To the maximum extent permitted by applicable law, you are responsible for your use of the Service; You shall indemnify and harm AliveCor and AliveCor's officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "AliveCor Entities") from and against any and all claims, liabilities, damages, losses and expenses, including attorneys' fees and costs indemnify, hold harmless and, if directed to do so, by AliveCor defend against any such claim, liability, damage, loss or expense in any way arising out of or relating to: (a ) your access to, or perceived or actual use of, the Service; (b) your breach of any part of these Terms, any representation, warranty or agreement referred to in these Terms or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property or publicity right, duty of confidentiality or other proprietary or privacy right; (d) any dispute or controversy between you and any third party; and (e) any claim arising out of any fraudulent or criminal activity, willful misconduct or gross negligence at which you are or are believed to be at fault.
To the maximum extent permitted by applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to an indemnification obligation (without limiting your indemnification obligations related to such matter); in such event, you agree to assist us in our defense against such claim.
Disclaimer; No guarantees
THE SERVICE, AND ALL MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND.
THE ALIVECOR LEGAL ENTITIES EXCLUDES, WITH RESPECT TO THE SERVICE, ALL MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SERVICE, ANY SOFTWARE OR HARDWARE RELATED TO OR USED IN CONNECTION WITH THE SERVICE, AND ANY OTHER NON-INFRINGEING ELEMENTS MENTIONED ABOVE, IN RESPECT OF THE AVAILABILITY OF THE ABOVE WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COMMON PRACTICE, COMMERCIAL CUSTOMER OR CUSTOMER; AND (C) ANY WARRANTY THAT THE ECG DATA OR OTHER INFORMATION PROVIDED OR TRANSMITTED THROUGH THE SERVICE IS TRUE, COMPLETE AND ACCURATE.
SPECIFICALLY, YOU ACKNOWLEDGE AND AGREE THAT ALIVECOR SHALL NOT BE LIABLE FOR ANY MEDICAL OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROVIDER BASED ON THE DATA.
THAT IS COLLECTED, TRANSMITTED OR DISPLAYED BY OR THROUGH THE SERVICE, REGARDLESS OF WHETHER SUCH DATA IS ACCURATE.
ALIVECOR LEGAL ENTITIES DO NOT WARRANT THAT THE SERVICE, OR ANY PORTION THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; FURTHER, THE ENTITIES OF ALIVECOR DO NOT GUARANTEE THAT ANY SUCH INTERFERENCE WILL BE CORRECTED.
NO ADVICE OR INFORMATION ORAL OR WRITTEN OBTAINED BY YOU THROUGH THE SERVICE, OR ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY BY ANY ENTITY OF ALIVECOR OR REGARDING THE SERVICE, TO THE EXTENT SUCH WARRANTIES ARE PROVIDED IN THESE TERMS NOT EXPRESSLY STATED.
YOU ASSUME ALL RISK FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANOTHER USER OF THE SERVICE, OR ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR OWN DISCRETION AND RISK, THAT YOU WILL USE, DOWNLOAD, ACCESS OR CONTAIN ANY MATERIALS OR CONTENT THROUGH THE SERVICE, AND ANY LINKED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK OTHER WAY AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU USE IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA RESULTING FROM USE OF THE SERVICE OR DOWNLOADING OR USE OF SUCH MATERIALS OR CONTENT ARE ATTRIBUTED.
THE FOREGOING PARAGRAPHS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF WARRANTIES, INCLUDING, IN PARTICULAR, ANY STATUTORY OR IMPLIED DISCLAIMER, SUCH AS STATUTORY GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO EU CONSUMERS; YOU MAY HAVE DIFFERENT RIGHTS IN DIFFERENT JURISDICTIONS.
Limitation of Liability
IN NO EVENT SHALL ALIVECOR'S ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER IMMUNITY) RESULTING FROM YOUR ACCESS TO THE SERVICE ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, OR YOUR USE OF THE SERVICE OR SUCH MATERIALS OR CONTENT, OR YOUR INABILITY TO USE, ACCESS, OR RELATED TO THE SERVICE OR SUCH MATERIALS OR CONTENT SHOULD ARISE, WHETHER ANY CONTRACT, WHETHER ANY , LIABILITY IN TORT (INCLUDING NEGLIGENCE), APPLICABLE STATUTORY PROVISIONS OR ANY OTHER LEGAL BASIS EXISTS OR WHATSOEVER.
EXIST AND WHETHER ANY ENTITY HAS BEEN NOTIFIED BY ALIVECOR OF THE POSSIBILITY OF SUCH DAMAGES.
FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES INCLUDE BUT NOT LIMITED TO LOSS OF SAVINGS OR LOST REVENUES; LOST PROFITS; LOSS OF USE; INJURY TO LIFE OR HEALTH; THIRD PARTY CLAIMS AND ALL COST OF ANY REPLACEMENT EQUIPMENT OR SERVICES.
IF ALIVECOR CANNOT BY LAW EXCLUDE ITS LIABILITY FOR THE ABOVE TYPES OF DAMAGES, THE ENTIRE LIABILITY OF ALIVECOR'S ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE OR ANY PORTION OR PERSONS THEREOF, WHATSOEVER, SHALL BE LIMITED TO USE ANY PART THEREOF, OR OTHERWISE ARISING UNDER THESE TERMS, IN TORT, IN CONTRACT OR OTHERWISE, EXCEPT AS PROVIDED FOR IN SECTION 241.E, TO THE AMOUNTS PAID BY YOU FOR USE OF THE SERVICE, OR TO $100, WHATEVER IS GREATER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH EVENT, THESE LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE JURISDICTION.
FURTHER, NOTHING IN THESE TERMS SHALL CREATE A DISCLAIMER OR LIMITATION OF LIABILITY WHERE SUCH DISCLAIMER OR LIMITATION OF LIABILITY IS PROHIBITED BY LAW, SUCH AS THE EXCLUSION OR LIMITATION OF LIABILITY FOR INTENTIONAL BREACH OF THESE TERMS.
NONE OF THESE TERMS AFFECTS YOUR RIGHTS AS A CONSUMER.
ALL PROVISIONS IN THESE TERMS THAT PROVIDE FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES ARE INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES TO THE AGREEMENT AND WILL EFFECT SUCH ALLOCATION.
SUCH ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE AGREEMENT ENTERED INTO BY THE PARTIES.
ALL PROVISIONS HEREIN ARE SEVERABLE AND INDEPENDENT OF THE OTHER PROVISIONS OF THESE TERMS.
THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY OR REMEDY OVERRIDS YOUR OR
NOT FULFILLING ITS ESSENTIAL PURPOSE.
Force majeure.
AliveCor shall be released from performance of these Terms for any period in which it is unable to perform, in whole or in part, any of its obligations under these Terms or fails to perform such obligations as a result of an Event of Force Majeure.
To the maximum extent permitted by applicable law, for purposes of this Section, “Force Majeure Event” means an event or sequence of events caused or arising from: (1) weather conditions or other elements of nature or Force Majeure; (2) acts of war, terrorism, insurrection, riot, civil commotion or rebellion; (3) quarantines or embargoes; (4) strikes; (5) any telecommunications, network, computer, server or Internet downtime; (6) unauthorized third party access to AliveCor's information technology systems; or (7) any other cause beyond AliveCor's reasonable control.
Governing Law and Competent Courts.
To the maximum extent permitted by applicable law, these Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions.
To the extent any suit or legal proceeding is permitted under these Terms, you and AliveCor consent to the personal and exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any dispute.
If you are an EU consumer, the jurisdiction of the courts located in Santa Clara County is not exclusive.
We operate the Service from our offices in the United States, and we make no representation that the materials contained in the Service are appropriate or usable in other locations.
General.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and AliveCor relating to your use of the Service.
Except as expressly permitted above, these Terms may not be modified except by a written agreement signed by authorized representatives of each party to these Terms.
You may not assign or transfer these Terms or any of your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior consent, which AliveCor shall have the authority to give or grant such consent in its sole discretion deny.
If you attempt an assignment without such consent, such assignment will be void.
To the extent permitted by applicable law, we may assign these Terms at any time without notice or consent.
Our failure to require performance of any provision will not affect our right to require such performance at a later date; and if we should waive our rights for any breach or default of these Terms or any provision of these Terms, such waiver shall not constitute a waiver of our rights for any subsequent breach or default or a waiver of that provision.
The headings contained in these Terms are for convenience only and shall not affect the interpretation of any provision.
If any part of these Terms is held invalid or unenforceable, the unenforceable part will be deemed to apply to the maximum extent and the remaining parts will retain their full force and effect.
Upon termination of these Terms, Sections 8-10, 12, 13, 18, 19, and 21-25, as well as the Privacy Policy and any accompanying agreements, will survive.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY AS THIS CONSTITUTES THE ARBITRATION OR RESOLUTION.
ARBITRATION OF CERTAIN DISPUTES AND CLAIMS THAT MAY ARISE BETWEEN YOU AND US, AND LIMITATION OF REMEDIES YOU MAY OBTAIN FROM US.
General.
To the maximum extent permitted by applicable law, and in the interest of resolving any dispute between you and AliveCor in the most expedient and cost-effective manner, you agree with AliveCor that any dispute arising out of these Terms will be resolved by binding arbitration, unless you are consumers in a jurisdiction that prohibits the exclusive use of arbitration to resolve disputes.
Arbitration is less formal than court proceedings.
In arbitrations, a neutral arbitrator replaces the judge or jury, evidence may be shorter than court hearings, and arbitrations may be reviewed by courts to a very limited extent.
Arbitrators may award the same damages, relief, or remedy as courts.
This Agreement to Arbitrate Disputes applies to any claim arising out of or relating to any aspect of these Terms, whether in contract, tort, statutory, fraud or misrepresentation, or otherwise legal basis and regardless of whether such right should have arisen while these Terms are in force or after their termination.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTANCE OF THESE TERMS, YOU AND ALIVECOR WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Opting Out of the Agreement to Arbitrate: You may opt out of this Agreement by contacting support@alivecor.com within 30 days of first accepting these Terms of Service and (providing your first and last name and email address that you provided when registering for the service has been filed) agree that you opt out of this Agreement to Arbitrate.
exceptions.
Notwithstanding the provisions of Section 24A, nothing in these Terms shall waive, exclude or otherwise limit the right of either party to: a) bring an individual action in small claims court; (b) the commencement of enforcement proceedings by the appropriate federal, state, or local authority, if such proceedings can be conducted; (c) seeking injunctive relief in a court; or (d) bringing an action in court relating to a claim of intellectual property infringement.
Referee.
To the maximum extent permitted by applicable law, any dispute between you and AliveCor shall be arbitrated under the Federal Arbitration Act and subject to the Commercial Dispute Resolution Procedures, subject to amendments provided by these Terms commercial disputes) and the American Arbitration Association's (“AAA”) Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) and will be arbitrated by the AAA.
AAA regulations and application forms are available online at www.adr.org, by phone at 1-800-778-7879, or through AliveCor.
Messages; Procedure.
The party intending to initiate arbitration shall first notify the other party of the Dispute in writing, with such notice (“Notice”) being given by regular mail (via U.S. Mail) or Federal Express (signature required). send is; the notification may only be sent by e-mail if the other party has not provided information about its current address.
AliveCor's address for notices is: AliveCor, Inc., 444 Castro Street, Suite 600 Mountain View, CA 94041 USA.
The notice shall: identify (a) the nature and basis of the claim or dispute; and (b) any remedy or remedy sought ("Claim").
The parties shall use good faith efforts to resolve the claim directly; however, if the parties have not reached an agreement within 30 days of receiving notice, you or AliveCor may choose to commence arbitration.
During the arbitration, the amount of any settlement offer made by you or AliveCor may not be disclosed to the arbitrator until after his final judgment and award, if any.
If any Dispute is finally resolved by arbitration in your favor, AliveCor shall pay you: (i) the amount, if any, awarded to you by the arbitrator; (ii) the last written settlement amount offered by AliveCor to resolve the Dispute prior to the arbitrator's award; or (iii) $1,000, whichever is the highest.
Fees.
If you initiate an arbitration pursuant to these Terms, AliveCor will reimburse you for the costs of the arbitration fee, unless the value of your claim exceeds $10,000; in such event, payment of fees will be determined in accordance with the AAA Rules.
All arbitration hearings will be held in Santa Clara County, California, location to be agreed; however, provided the value of the claim is $10,000 or less, you may choose to have the arbitration: a) solely on the basis of the documents submitted to the arbitrator; (b) in the form of a non-attendant telephone interview; or (c) is to take the form of an in-person hearing in accordance with AAA regulations in the county (or municipality) of your billing address.
If the arbitrator determines that the substance of your claim, or the relief you seek through your claim, or such remedy, is improper or intended for an improper purpose (according to the provisions of Section 11(b) of the Federal Rules of Civil Procedure [U.S. American Code of Civil Procedure], payment of all fees will be governed by AAA Rules.
In such event, you agree to refund AliveCor any amounts previously paid by AliveCor that are payable by you under the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written judgment that adequately explains the key findings and conclusions used to form the basis of the judgment and award, if any.
The arbitrator may, at any time during the proceeding and at the request of either party, to be filed within 14 days of the arbitrator's determination of merit, determine the payment and reimbursement of any fees or expenses, and resolve any dispute related thereto.
No Class Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE WITH ALIVECOR THAT EACH PARTY'S CLAIMS AGAINST THE OTHER PARTY SHALL BE EXCLUSIVELY INDIVIDUAL AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPOSED CLASS OR REPRESENTATIVE PROCEEDING.
Unless you and AliveCor agree otherwise, the arbitrator shall not consolidate the claims of more than one person or preside in any representative proceeding or class action of any kind, to the extent permitted by applicable law.
Expectations.
To the maximum extent permitted by applicable law, you may not bring any cause of action arising out of or relating to or relating to these Terms later than one (1) year after the cause of such cause of action arose.
This period may not be extended for any reason unless the parties have agreed to such an extension in writing.
We hereby waive any legal rule or provision that could suspend or otherwise affect the time limit; and no such statute or provision shall extend the time limit set forth in this Section to the fullest extent permitted by applicable law.
Changes to These Arbitration Provisions.
If AliveCor decides to make changes to this Arbitration Provision in the future other than to change AliveCor’s given address for notices, you may object to such change by sending us within 30 days written notice to AliveCor at AliveCor’s given address for notices; in such event, your account with AliveCor will be terminated immediately and this Arbitration Provision will survive as it existed prior to the change you objected to.
enforceability.
If Section 24G or this Section 24 in its entirety is determined to be unenforceable, then this Section 24 will be void in its entirety; in such event, the parties agree that the jurisdiction and venue set forth in Section 22 shall govern any proceeding arising out of or in connection with these Terms.
Messages; Consent to Electronic Communications.
By using the Service, you consent to receiving certain communications from us in electronic form as further described in the Privacy Policy.
Please read the Privacy Policy to learn more about our electronic communications practices.
You acknowledge that notices, agreements, disclosures and other communications that we send to you electronically satisfy any legal communication requirement, including, but not limited to, requiring such communications to be in writing.
All communications from AliveCor intended for your receipt will be deemed given and effective when sent to the email address provided by you at registration or posted through the Service and made available to you.
If you change the email address that you provided in connection with your registration to access and use the Service, you must update your email address in accordance with the procedures posted on the Service.
By providing us with your cell phone number, you agree to receive text messages at that number as necessary for account verification, notification of communications, and other purposes related to the Service.
We don't charge for text messaging, but your wireless service provider may charge for basic messaging, data, and more.
Such charges will be borne by you.
We are free to send and receive text messages via cell phone service providers or other networks, although the reliability of such services may vary.
We are not responsible for the timeliness or final delivery of messages as this is beyond our control and the responsibility of the mobile operator or other networks.
Notwithstanding the foregoing, we will use your mobile phone number in accordance with the Privacy Policy.
NOTICE TO APPLE
You acknowledge that these Terms apply solely to you and AliveCor and not to Apple; Apple is not responsible for the app or its content.
Apple is under no obligation to provide any maintenance and support services for the App.
If the App fails to meet an applicable warranty, you have the right to notify Apple; in such event, Apple will refund you the purchase price of the App, if such purchase price has been paid; and to the fullest extent permitted by applicable law, Apple makes no other warranties with respect to the App.
Apple is not responsible for addressing any claims made by you or any third party related to the App or your possession and/or use of the App; such claims include but are not limited to: (i) product liability claims; (ii) any claim that the App fails to comply with any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement or satisfaction of any third-party claim alleging that the App or your possession and use of the App infringes the intellectual property rights of others.
You agree to comply with all applicable third-party terms when using the App.
Apple and Apple's affiliates are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple, as a third-party beneficiary of the Terms (and Apple's acceptance of such entitlement), shall have the right to enforce these Terms against you.
You hereby represent and warrant that (i) you are not located in a country that is subject to a United States government embargo or listed by the United States government as a "terrorist supporting country"; and (ii) you are not listed on any United States government list of prohibited or restricted parties.
contact information.
The Service is provided by AliveCor, Inc.
You can contact us via email at support@alivecor.com.
Last revised: [07.01.2019]