Kardia App Terms of Service
The website located on alivecor.com (the "Site") belongs to AliveCor, Inc. ("
AliveCor", "we" or "but").
As indicated below, AliveCor grants you the right to use the Site, our software applications, including, but not limited to, Kardia (collectively "Software" or "App") and the services provided through the Site or the Software. (collectively, the "Service"), according to the terms and conditions of use ("Service Conditions") set out below.
The term "you", or "user", refers to the person who visits the Site.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
BY CLICKING ON "ACCEPT" OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THE SERVICE.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF THE SERVICE, THE USER MUST NOT ACCESS OR USE THE SERVICE.
BY ACCEPTING THESE TERMS OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY. (
COLLECTIVELY, THE "CONDITIONS").
If you are not eligible, or do not accept the Terms, you are not authorized to use the Service.
THE SERVICE IS AVAILABLE TO USERS OF KARDIA IN THE UNITED STATES OF AMERICA (USA), AUSTRALIA, ARUBA, CANADA, FRANCE, GERMANY, HONG KONG, INDIA, IRELAND, ITALY, JAMAICA, THE NETHERLANDS, SPAIN, TRINIDAD, TOBAGO AND THE KINGDOM UNITED.
THE SERVICE IS FOR THE SOLE PURPOSE OF RECORDING, VIEWING, STORING AND TRANSMITTING ELECTROCARDIOGRAMS ("ECG DATA").
THE USER OF THE SERVICE IS RESPONSIBLE FOR THE ECG DATA RECORDED AND STORED BY THE SERVICE.
THE SERVICE IS NOT DESIGNED TO DIAGNOSTIC HEART DISEASE OR AUTOMATICALLY NOTIFY HEALTHCARE PROFESSIONALS OR PATIENTS OF CARDIAC OR CARDIOVASCULAR DISEASE OR POTENTIALLY SERIOUS ABNOMAL ARRhythmias.
THE SERVICE IS NOT INTENDED FOR CONTINUOUS MONITORING AND WE DO NOT GUARANTEE ANY DOCTOR'S RESPONSE TO POSTED MESSAGES OR MEDICAL EVENTS REPORTED THROUGH THE SERVICE.
WHILE ALIVECOR MAY ALLOW THE USE OF AN OPTIONAL ECG INTERPRETATION SERVICE OR CONNECT THE USER'S ACCOUNT TO A HEALTHCARE PROFESSIONAL THROUGH THE KARDIA PRO SERVICE, IT DOES NOT AUTOMATICALLY REVIEW, MONITOR, EVALUATE OR ANALYZE THE INFORMATION GENERATED BY THE SERVICE.
YOU HAVE A RESPONSIBILITY TO SUBMIT MEDICAL DATA TO YOUR DOCTOR FOR PROPER ANALYSIS AND DIAGNOSIS.
If you are not in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution, these Terms provide that all disputes between you and AliveCor will be resolved through BINDING ARBITRATION.
YOU AGREE TO WAIVE YOUR RIGHT TO APPLY TO A COURT to assert or defend your rights under this contract, except for matters that may be brought before a justice of the peace.
Your rights will be established by a NEUTRAL REFEREE and NOT by a judge or jury and your claims cannot be in the form of a class action.
See Article 24 (“Dispute Resolution and Arbitration”) for details regarding your acceptance of dispute arbitration with AliveCor.
Use of the Service.
The Service is intended exclusively to allow you to upload, view, share with your doctor and use certain data relating to the user, as made available by the Service.
You are not allowed to access or use the Service for any other purpose.
It is possible to use the service, including all the data presented to the user on the Service or by the Service, or in any case hosted or stored by AliveCor for the user, only on behalf of the user and for lawful and adequate purposes, and subject to full compliance of these Terms and other guidelines and policies applicable to the Service, which AliveCor may publish from time to time.
Eligibility.
To use the Service, you must be 18 years of age or older.
By accepting these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) has not previously been suspended or removed from the Service, and (c) your registration and use of the Service complies with all applicable laws and regulations in your jurisdiction.
If you use the Service on behalf of an entity, organization or business, you represent and warrant that you have the necessary authority to bind that organization to these Terms and agree to be bound by these Terms on behalf of that organization.
Account and registration.
To access most of the features of the Service, you need to register for an account.
When registering for an account, the user may be asked to provide personal information such as name, e-mail address, password, gender, height or date of birth.
The user can choose to provide us with further information.
You agree that the information provided must be accurate, and to keep it accurate and up-to-date at all times.
Upon registration, you are prompted for a password.
The user has the sole responsibility to maintain the confidentiality of the account and password and accepts responsibility for all activities that are carried out with his account.
If the user has reason to believe that the account is no longer secure, he must immediately notify the e-mail address support@alivecor.com.
The account may automatically expire after a period of inactivity exceeding twelve (12) consecutive months.
Payment.
Access to the Service or to certain features of the Service may be subject to a fee.
Before paying any amount, the user can review and confirm the amount that will be charged.
All amounts are non-refundable to the maximum extent permitted under applicable law.
If AliveCor changes the amounts relating to the Service, including the addition of additional costs or expenses, it will give appropriate notice.
If the user does not accept the charges, AliveCor may stop providing the Service.
AliveCor will charge the amounts according to the method specified at the time of purchase.
The user authorizes AliveCor to charge all the amounts indicated in these Conditions, for the selected Service, according to said payment method.
If the user pays any amount with a credit card, AliveCor can request the pre-authorization of the credit card account before the purchase, in order to verify that the credit card is valid and has the necessary funds to cover the purchase.
The Service may include features for activating, updating or canceling recurring payments for recurring charges.
If you activate or update the recurring payments through the Service, you authorize AliveCor to charge periodically, until the time of cancellation of the recurring payments or the account, all the sums accrued on the due date of the payment of the accrued sums, or previously.
If you use the Service to update or cancel an existing authorized one-time or recurring payment, that update or cancellation may take several business days to take effect.
AliveCor does not collect or store financial information as defined in the Privacy Policy.
License.
AliveCor owns and operates the service.
The documents and other information and content available on the Service (the "Site Content") are protected by copyright and other intellectual property laws around the world.
All copyrights and other proprietary notices on any Site Content must be retained on any copies produced.
Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited.
AliveCor and its suppliers reserve all rights not granted in these Terms.
Subject to the restrictions set forth in these Terms, AliveCor grants the user a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the App in object code format on the devices it owns or of which has control, only to use the Services.
By downloading or using the app or apps, the user:
Acknowledges that the app is licensed and not sold e
Acknowledges that third party conditions and costs may apply for the use and operation of the mobile device in connection with the use of the app, such as the conditions of your service provider and charges for the telephony service, data access or messaging functionality.
You further acknowledge that you are solely responsible for paying all such charges.
Clinical Interpretation Service.
General provisions.
AliveCor's Clinical Interpretation Service (the “Clinical Interpretation Service”) is a third party resource in partnership with AliveCor that allows data to be imported, viewed and interpreted correctly.
The Clinical Interpretation Service communicates all results related to the data to AliveCor and AliveCor makes these results available to you within the Service.
By accepting these Terms, you agree to be enrolled in the Clinical Interpretation Service, although the use of such Service is optional.
You are charged for when and if you use any of the Clinical Interpretation Services.
AliveCor reserves the right to change Clinical Interpretation Service providers or to discontinue one or more Clinical Interpretation Service offerings.
Report.
You can use the Service to generate AliveCor reports or results using your data.
All reports provided by AliveCor and any Clinical Interpretation Service do not suggest a diagnosis.
The interpreted report is intended as information to the user and is intended to be used as a tool by the physician to provide proper diagnosis and treatment, taking into account the user's complete medical history.
Data-based diagnosis can only be made by the doctor.
You are responsible for submitting medical data to your physician for proper analysis and diagnosis.
ECG recordings.
The user can obtain an ECG recording from their device at any time.
Your ECG recordings are subject to several factors related to your health and activities.
AliveCor and Clinical Interpretation Service providers make no warranties as to the accuracy or clinical significance of data interpretation.
Please note that your doctor may disagree with the interpretation of the data.
If you decide to use one of the Clinical Interpretation Services, we will share your information after we receive your authorization through the Service.
Limitations.
Given the limitations related to telemedicine, the local jurisdiction may limit the ability to use the Clinical Interpretation Service.
Since you are using a mobile device for data collection, you are responsible for ensuring that the Clinical Interpretation Service is legal under the local telemedicine law.
Personalized monitoring service.
In some circumstances, AliveCor may provide you with notifications or recommended actions based on AliveCor's analysis of historical data and other information provided to AliveCor, such as "drugs", "symptoms" or "activities".
For example, AliveCor may suggest that the user periodically submit their data to the Clinical Interpretation Service for continuous monitoring of cardiac health.
Such notifications or suggested actions, or the lack thereof, are not an indication of the user's health, nor are they intended to replace the doctor's opinion.
You are responsible for submitting your data to your doctor and deciding with him the optimal course of action based on your medical history.
AliveCor also allows you to schedule reminders through the Service, for example to remind you to take medications.
AliveCor makes no representations about the accuracy, reliability, completeness or timeliness of any push notifications, as some parts of the process are beyond AliveCor's control.
You agree to rely on such reminders at your own risk and AliveCor disclaims any liability arising from their use.
You agree that AliveCor may send push notifications to your mobile device for purposes related to the Service or for marketing purposes, if enabled and in accordance with the Privacy Policy.
The user can disable push notifications from the device settings.
User Representations and Warranties.
Kardia and Kardia Pro users declare, guarantee and agree with AliveCor that they are resident in the United States, Anguilla, Australia, Aruba, Austria, Bahrain, Belgium, Canada, Chile, France, Germany, Hong Kong, Hungary, India, Ireland, Israel, Italy, Jamaica, Kuwait, Luxembourg, Malt, Netherlands, New Zealand, Norway, Oman Pakistan Poland, Qatar, Spain, Switzerland, Trinidad, Tobago United Kingdom or the United Arab Emirates.
The user declares, warrants and agrees with AliveCor the following: (1) that these Conditions have been signed by the user and constitute a valid and binding contract with the user, applicable in accordance with their conditions; (2) if you use the service on behalf of another entity, that you are an authorized representative of that entity and that you have the authority and agree to bind the entity to these Terms; (3) not to access or use the Service except as expressly permitted by these Terms and any additional information, guidelines or policies published by AliveCor, including those published on the Service; (4) to access and use the Service in full compliance with current legislation and (5) that all information, data and other materials provided by the user in support of the account registration are accurate and truthful in all aspects.
User Content
General user content.
Certain features of the Service may allow you, your healthcare provider or other users to upload content to the Service, including messages, images, data, text, location information and other types of information ("User Content" ) and to post such User Content on the Service.
The user retains the copyright, including any moral rights and any other proprietary rights that the user may hold in the User Content that he / she sends to the Service; provided that if you choose to link your account to the Kardia Pro service or information systems offered by your healthcare provider, the data provided to your healthcare provider may become part of your healthcare record and such copy may be owned and / or controlled by your healthcare provider under applicable law.
Limited License Grant to AliveCor.
By posting or publishing User Content, the user grants AliveCor the rights and a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable license (with sublicense right) to use, host, store , transfer, display, perform, reproduce, modify, create derivative works and distribute your Content, in whole or in part, for any purpose in accordance with our Privacy Policy, in any format and through any channel currently known or developed in the future.
We may also create anonymous data and images from User Content; such data and images will no longer be part of the User Content.
You irrevocably and perpetually waives any rights you may have in relation to User Content that has been altered or manipulated in a manner that you may find objectionable.
AliveCor reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
Grant of Limited License to Other Users.
By posting or sharing your User Content with other users of the Service, or by connecting your account to your healthcare provider through the Kardia Pro service, you grant those users and / or the healthcare provider a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.
User Content Representations and Warranties.
You have sole responsibility for your User Content and the consequences of posting it.
By posting or posting User Content, you affirm, represent and warrant:
to be the author and owner of the User Content or to possess the necessary licenses, rights, permissions and permissions to authorize AliveCor and the users of the Service to use and distribute the User Content as necessary to exercise the licenses granted by the user in this article, in the manner contemplated by AliveCor, by the Service and by these Conditions, and
that the User Content and the use thereof, as contemplated by these Conditions, will not: (i) infringe, violate or misappropriate any third party rights, including any copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other intellectual property right or proprietary right; (ii) slander, defame, disparage or prejudice any other person's right to privacy, publicity or other proprietary rights; or (iii) involve the violation of laws or regulations by AliveCor.
You agree to pay all royalties, expenses and other amounts owed to any person as a result of User Content posted on or through the Service.
Disclaimer for User Content.
We are under no obligation to edit or control User Content posted or posted by users and we have no liability for this.
AliveCor may, however, at any time and without notice, filter, remove, modify or block any User Content that in its sole discretion violates these Terms or is otherwise objectionable.
You acknowledge that when you use the Service you will be exposed to User Content from various sources and agree that User Content may be inaccurate, offensive, indecent or objectionable.
To the fullest extent permitted by applicable law, you agree to waive, and waive, any legal or equitable right or remedy available against AliveCor with respect to your User Content.
We expressly exclude any liability with respect to User Content to the maximum extent permitted by applicable law.
If we are informed by a user or content owner that a User Content may not comply with these Terms, we may investigate the allegation and decide, in our sole discretion, to remove the User Content, which we are entitled to do. we reserve the right to exercise at any time and without notice.
Illegal User Content Procedure
If you believe that any User Content does not comply with these Terms, please contact us.
We comply with the provisions of the Digital Millennium Copyright Act (the “DMCA”) applicable to our operations (17 U.S.C. §512 as amended).
If you have any intellectual property rights related complaints in relation to material posted on the Service, you can contact our dedicated agent at the following address:
AliveCor, Inc.
ATTN: Legal Department (Copyright Notification)
444 Castro Street, Suite 600
Mountain View, CA 94041
United States of America
650-396-8650
E-mail: copyright@alivecor.com
Please note that, under applicable law, knowingly providing false, misleading or inaccurate information relating to a breach of your Content may result in civil or criminal penalties.
All notices under the Digital Millennium Copyright Act (the “DMCA”) that materials hosted by or distributed through the Service infringe intellectual property rights must include all information required by the DMCA for such notices.
Repeated violations.
AliveCor will immediately and without notice suspend the accounts of users that AliveCor believes have committed "Repeated Violations".
A user commits a repeat infringement if he has been notified of infringement activity or if his User Content has been removed from the Service at least three times.
Conduct not permitted.
BY USING THE SERVICE, YOU AGREE NOT TO:
use or access the Service (a) from a jurisdiction where such use or access is not authorized, (b) for any illegal purpose or (c) in violation of any local, state, national or international law;
conducting activities that may be harmful to other individuals or that may damage AliveCor's reputation;
infringe, or encourage others to infringe, any third party rights, including through the infringement or misappropriation of third party intellectual property rights, or disclose personal information relating to another person;
post, upload or distribute any marketing or advertising links or content, or any User Content or other content that is illegal, defamatory, libelous, inaccurate or that a reasonable person might deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing , hateful or otherwise inappropriate;
use scrapers, robots or other data collection devices on or through the Service, or process or otherwise provide the Service to third parties without AliveCor's authorization;
interfere with the security features of the Service, including: (a) disabling or circumventing features that prevent or restrict the use or copying of any content; or (b) by reverse engineering, decompiling or otherwise attempting to discover the source code of any part of the Service, including apps, except to the extent that such activity is expressly permitted by applicable law despite such limitation;
interfere with the operation of the Service or the use of the same by any user, including: (a) by uploading or otherwise spreading viruses, adware, spyware, worms or other malicious code; (b) making any unsolicited offers or advertisements to another user of the Service; (c) attempting to collect personal information, including but not limited to ECG data or other health information relating to another user or a third party without their consent; or (d) tampering with or disrupting any network, equipment or server connected or used to provide the Service, or violating any regulations, policies or procedures of such network, equipment or server;
conducting fraudulent activities, including impersonating a person or entity, declaring false affiliations, accessing any other Service or account without authorization, or falsifying the information provided for account registration;
modify, translate, or create derivative works, adaptations or collections of, or based on, the Service or any part thereof, or use, copy or reproduce the Service or any part thereof other than as expressly permitted in these Terms;
assign, sublicense, lease, sell, grant a security interest in or otherwise transfer the access permitted under these Terms or any material (as defined in Section 15) or any right or ability to view, access or use any material, or
attempt to perform one of the actions described in the article, or help or allow a person to perform one of the actions described in article 10.
Third Party Services and Related Websites.
The Site 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 provides these links for convenience only and does not review, approve, monitor, endorse, guarantee or make any representations in relation to any third party websites.
AliveCor may provide tools through the Service that allow you to export information, including, but not limited to, ECG Data and User Content, to third party applications or services such as Google Fit or Apple Health, or to import information from such applications or services. of third parties, also through features that allow you to connect your AliveCor account with an account of a third-party service.
By using any of these tools, you represent, warrant and agree that such transfers are permitted by applicable law and that you are authorized to, and that we may on your behalf, transfer such information to or from the service. applicable third parties in accordance with the Privacy Policy.
Third party services are not under our control and we are not responsible for any use of the exported information by third party services.
If you activate the service features that are designed to import information from such third party services, you authorize and grant AliveCor an irrevocable and perpetual license to use such imported information and disclose it to third parties, such as your healthcare provider, in compliance to our Privacy Policy and applicable legislation.
The Service may also contain links to third party sites.
The linked websites are not under our control and we are not responsible for their content.
Termination of use; suspension and modification of the Service.
You can remove your account at any time by following the procedures outlined on the AliveCor website or by contacting customer service at support@alivecor.com.
If you violate any of the provisions contained in these Terms, our authorization to use the Service will automatically terminate.
In addition, AliveCor may in its sole discretion suspend your account for the Service or suspend or terminate your access to the Service at any time if you violate any provision of these Terms, if we no longer provide any part of the Services or to any other reason, with or without notice.
We also reserve the right to modify or discontinue the Service at any time (including by limiting or interrupting certain features of the Service), temporarily or permanently, without giving prior notice to the user.
To the fullest extent permitted by applicable law, we assume no liability in connection with any modification to the Service or any suspension or interruption of your access or use of the Service, provided that if AliveCor ceases to provide the Service and consequently interrupts the access to the Service by the user, the latter will be entitled to a proportional refund of the amounts paid in advance to AliveCor for the use of the Service.
Upon termination of the user's account or the dissolution of this agreement for any reason, AliveCor may at its discretion delete all data associated with the user's account.
Privacy Policy; additional conditions
Privacy Policy.
Please read AliveCor's Privacy Policy ("Privacy Policy") carefully for all information related to how we collect, use, store and disclose your personal information.
AliveCor's Privacy Policy is incorporated into these Terms by this reference and is made an integral part of it.
You consent to the collection, hosting, use, disclosure and other types of processing or processing of your personal data (including data sharing with third party providers), as described in the Privacy Policy .
Additional conditions.
Your use of the Service is subject to any additional conditions, policies, rules or guidelines applicable to the Service or certain features of the Service that we may post or refer to from the Service (the "Additional Terms "), such as end-user license agreements for all downloadable software applications, or rules that are applicable to a particular feature or content of the Service, pursuant to article.
All Additional Terms are incorporated into these Terms by this reference and are made an integral part thereof.
Changes to these Conditions.
We reserve the right, at our discretion, to change these Terms at any time.
Please review these Terms on a regular basis.
If a change to these Terms materially changes your rights or obligations (“Material Changes”), we will notify the changed Terms by email to the address provided in your user profile.
The material changes will come into force after their acceptance by the user.
Non-material changes come into effect at the time of publication.
Disputes arising from these Conditions will be resolved in accordance with the version of these Conditions that was in effect at the time the dispute arose.
Your sole and exclusive remedy for disagreeing with any changes to these Terms is to cancel your account.
The user may not amend 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, data, computer code (including source code or object code), products, software, services and all other elements of the Service (the " Materials ") provided by AliveCor are protected by intellectual property laws and other laws.
All Materials included in the Service are owned by AliveCor or our third party licensors.
It is not possible to use the Materials other than as expressly authorized by AliveCor.
AliveCor reserves all rights to materials not explicitly granted in these Terms.
Subcontractors.
The user hereby agrees to the engagement, by AliveCor, of third parties (including AliveCor affiliates) to perform or support the execution of the Service or the AliveCor website, such as the Clinical Interpretation Service, in its wholeness or partiality.
Comments.
If you choose to provide opinions and suggestions relating to problems with the Service or proposals or improvements thereto ("Comments"), you grant AliveCor an unlimited, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the comments in any way and for any purpose, including to improve the Service and create other products and services.
Allowance.
To the fullest extent permitted by applicable law, you are responsible for your use of the Service, and indemnify, indemnify and, if requested by AliveCor, defend AliveCor and its officers, directors, employees, consultants, affiliates, branches and agents (collectively , the "AliveCor Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable expenses and legal costs, arising out of or in any way connected with: (a) the access, use or alleged use of the Service; (b) your breach of any part of these Terms, any representations, warranties or agreements referred to in these Terms, or any applicable law or regulation; (c) your breach of any third party right parties, including the right of intellectual property or publicity, of confidentiality or other property or privacy rights; (d) any dispute or matter arising between you and any third party; and (e) all claims arising from or relating to fraud, willful misconduct, criminal acts or gross negligence committed by the user.
To the fullest extent permitted by applicable law, we reserve the right, at our expense, to assume the sole defense and control of any matter otherwise subject to indemnification by you (without limiting indemnification obligations in relation to such matter) and if so, you agree to cooperate in our defense of such claim.
Disclaimer of Liability; absence of guarantees
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.
THE ALIVECOR ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, ANY MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE AND ANY SOFTWARE OR HARDWARE ASSOCIATED WITH OR USED WITH THE SERVICE, AVAILABLE OR USED WITH THE SERVICE, MINUS : (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PEACEFUL ENJOYMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS; (B) ANY WARRANTY BASED ON COMMERCIAL PRACTICE AND (C) ANY WARRANTY THAT THE ECG DATA OR OTHER INFORMATION AVAILABLE ON THE SERVICE OR TRANSMITTED FROM THE SERVICE IS TRUE, COMPLETE OR ACCURATE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ALIVECOR IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED ON THE DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICE, REGARDLESS OF ACCURACY.
THE ALIVECOR ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF IT, OR ANY MATERIAL OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEY WILL NOT WARRANT IT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER THROUGH THE SERVICE OR ANY MATERIAL OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY WITH REGARD TO ANY AliveCor ENTITY OR THE SERVICE, NOT EXPRESSLY MADE WITH ANY TERMS.
THE USER ASSUMES ALL RISKS FOR ANY DAMAGES THAT MAY ARISE FROM USE OR ACCESS TO THE SERVICE, FROM INTERACTION WITH ANY OTHER USER OF THE SERVICE OR FROM THE MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE.
YOU ACKNOWLEDGE AND AGREE TO USE THE SERVICE AND TO USE, ACCESS, DOWNLOAD OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY OTHER ASSOCIATED SITE OR SERVICE IN YOUR OWN DISCRETION AND RISK, AND BEING SOLELY RESPONSIBLE FOR ANY DAMAGE YOUR PROPERTY (INCLUDING YOUR COMPUTER OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR FOR THE LOSS OF DATA ARISING FROM THE USE OF THE SERVICE OR DOWNLOAD AND USE OF SUCH MATERIAL OR CONTENT.
THE FOREGOING PARAGRAPHS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CERTAIN JURISDICTIONS MAY PROHIBIT THE EXCLUSION OF WARRANTIES, IN PARTICULAR THE EXCLUSION OF LEGAL OR IMPLIED WARRANTIES, SUCH AS LEGAL WARRANTIES OF CONFORMITY FOR PRODUCTS OFFERED TO EU CONSUMERS, AND MAY PROVIDE OTHER RIGHTS THAT VARY ACCORDING TO.
Limitation of Liability
IN NO EVENT WILL ALIVECOR ENTITIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER IMMATERIAL LOSS) ARISING FROM OR INCIDENT TO THE ACCESS TO ACCESS OR USE A SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, UNDER WARRANTY, TENDER AGREEMENT (INCLUDING NEGLIGENCE), LAW, OR ANY OTHER LEGAL THEORY, EVEN IF THE ALIVECOR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY.
EXCLUDING EQUIVALENT, DAMAGES EXCLUDED ALSO INCLUDE, BUT NOT LIMITED TO, LOSS OF SAVINGS OR REVENUES, LOSS OF PROFITS, LOSS OF USE, LOSS OF LIFE OR HEALTH, CLAIMS OF THIRD PARTIES AND ANY COSTS OF ANY APPENDIX.
EXCEPT AS PROVIDED FOR IN ARTICLE 241.E, IF ALIVECOR DOES NOT LEGALLY EXCLUDE ANY LIABILITY FOR ALL DAMAGES MENTIONED, THE TOTAL LIABILITY OF ALIVECOR ENTITIES FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR OTHERWISE UNDER THESE TERMS, CONTRACTUAL, NON-CONTRACTUAL OR OTHER LIABILITY IS LIMITED TO THE HIGHER AMOUNT OF THE AMOUNT PAID TO USE THE SERVICE OR $ 100, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHERE SUCH LIMITATIONS APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTION.
FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS LIABILITY FOR INTENTIONAL BREACH OF THESE TERMS.
NOTHING IN THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS AS A CONSUMER.
EACH PROVISION OF THESE TERMS THAT PROVIDES A LIMITATION OF LIABILITY, EXCLUSION OF WARRANTIES, OR EXCLUSION OF DAMAGES INTENDS AND SHARES RISK BETWEEN THE PARTIES UNDER THESE TERMS.
THIS BREAKDOWN IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE CONTRACT BETWEEN THE PARTIES.
EACH OF THESE PROVISIONS IS SEPARABLE AND INDEPENDENT FROM ALL THE OTHER PROVISIONS OF THESE TERMS.
THE LIMITATIONS IN THIS SECTION 20 APPLY EVEN IF ANY LIMITED REMEDY DOES NOT ACHIEVE ITS ESSENTIAL PURPOSE.
Major force.
AliveCor will be exempt from the services under these Conditions for a period in which it is impeded or delayed in the performance of any obligation under these Conditions, in whole or in part, following an Event of force majeure.
To the maximum extent permitted by applicable law, for the purposes of this article, "Force Majeure Event" means an event or series of events caused by or resulting from one of the following reasons: (1) weather conditions or other elements of a nature or acts of God; (2) acts of war, acts of terrorism, riots, riots, civil unrest or rebellion; (3) quarantine or embargo, (4) workers' strikes; (5) inactivity of telecommunications, networks, computers, servers or the Internet; (6) unauthorized access to AliveCor's computer systems by third parties; or (7) other causes beyond AliveCor's reasonable control.
Applicable law and competent courts.
To the fullest extent permitted by applicable law, these Terms are governed by the laws of the State of California, regardless of its conflict of law principles or rules.
If a lawsuit or court process is permitted under these Terms, you and AliveCor agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California, for the purpose of resolving any dispute.
If you are a consumer located in the EU, that jurisdiction of the Santa Clara County Courts will be non-exclusive.
We operate the Service from our offices in the United States, and make no representations that materials included in the service are appropriate or available for use in other locations.
General provisions.
These Conditions, together with the Privacy Policy and other agreements expressly incorporated by reference therein, are the exclusive agreement and understanding between the user and AliveCor in relation to the use of the Service.
Except as expressly provided above, these Terms may only be modified by a written agreement signed by the authorized representatives of all parties to these Terms.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by law or otherwise, without our prior written consent, which may be granted or denied exclusively AliveCor's discretion.
Any attempted transfer by the user without this consent will be null and void.
We may assign these Terms at any time without notice or consent, to the fullest extent permitted under applicable law.
Failure to claim performance of any provision will not affect our right to claim performance at any other time thereafter, nor does it represent a waiver by us of any breach or failure to comply with these Terms, nor does any other provision of these Terms represent a waiver of any subsequent violation or default or waiver of the clause itself.
The use of the headings in these Terms is for convenience only and has no effect on the interpretation of the provisions.
If any part of these Terms is deemed to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, while the remaining parts will have full force and effect.
Upon termination of these Terms, articles 8-10, 12, 13, 18, 19 and 21-25 will survive, together with the Privacy Policy and other agreements.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBIT SOME DISPUTES AND COMPLAINTS WITH US AND LIMIT THE WAY IN WHICH THE USER HAS THE RIGHT TO MAKE REQUESTS TO US.
General provisions.
To the maximum extent permitted by applicable law and in the interest of resolving disputes between you and AliveCor in the most effective and convenient way, you and AliveCor agree that any dispute that may arise in relation to these Conditions will be resolved by binding arbitration. , unless you are a consumer you are in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution.
Arbitration is less formal than a court case.
Arbitration uses a neutral arbitrator, rather than a judge or jury, and may allow for more limited discovery than a court of law, and may be subject to very limited review by the judges.
Arbitrators can award the same damages and remedies as a court judge.
This dispute arbitration agreement includes all claims arising out of or related to any aspect of these Terms, whether under contract, tort, law, fraud, misrepresentation or any other legal theory, and regardless of whether the claim arises. during or after the termination of these Terms.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THESE TERMS, YOU ARE TOGETHER WITH ALIVECOR WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Refusal of Arbitration Agreement: You may decline this arbitration agreement by contacting support@alivecor.com within 30 days of first accepting these Terms of Service and stating that you (include your first and last name and email address used to register for the Service) disclaims this arbitration agreement.
Exceptions.
Subject to the provisions of Article 24A, nothing in these Terms will be deemed a waiver, estoppel or otherwise limitation of either party's right to: (a) lodge an individual appeal with a justice of the peace; (b) pursue enforcement action through a federal, state, or local agency if such action is available; (c) to seek injunctive relief in a court or (d) to file a complaint in a court of law to make an intellectual property infringement claim.
Referee.
To the fullest extent permitted by applicable law, any arbitration between you and AliveCor will be resolved under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and administered by the AAA.
AAA policies and completion forms are available online at www.adr.org, by calling AAA at 1-800-778-7879, or by contacting AliveCor.
Communication; procedure.
The party seeking arbitration must first send a written notice relating to the dispute to the other by certified U.S. mail or Federal Express (signature required) or, only if that other party has not provided a physical address, by post electronic ("Communication").
AliveCor's address for sending communications is: AliveCor, Inc.,
444 Castro Street, Suite 600 Mountain View, CA 94041 USA.
The communication must: (a) describe the nature and basis of the complaint or dispute and (b) indicate the specific remedy sought ("Request").
The parties will support good faith activities to resolve the dispute directly; if they do not reach an agreement within 30 days of receiving the communication, the user or AliveCor can initiate an arbitration proceeding.
During the arbitration, the amount of the settlement offered by the user or by AliveCor must not be disclosed to the arbitrator until after the final decision and the assignment, if any, by the latter.
If the dispute is resolved through arbitration in your favor, AliveCor will pay you the higher of the following amounts: (i) the amount granted by the arbitrator, if any; (ii) the last written settlement amount offered by AliveCor in dispute resolution prior to the arbitration award or (iii) $ 1,000.
Costs.
If arbitration is initiated in accordance with these Terms, AliveCor will reimburse you for the payment of the investigation costs, unless the request is greater than $ 10,000, in which case the payment of the costs will be decided by the Rules of AAA.
Any arbitration hearing will be held in an agreed location in Santa Clara County, California, but if the request is $ 10,000 or less, you can choose whether the arbitration will be conducted: (a) solely on the basis of documents presented to the arbitrator; (b) by a telephone hearing without appearance; or (c) by an in-person hearing, as required by AAA Rules in the county (or parish) of your billing address.
If the arbitrator believes that the substance of your claim or the remedies set forth in the Request are frivolous or advanced for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)), payment of all expenses will be governed by the Rules of AAA.
In this case, you agree to reimburse AliveCor for all funds previously disbursed and which are otherwise your obligation to pay under the AAA Rules.
Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions upon which the decision and award are based, if any.
The arbitrator may make decisions and settle disputes regarding the payment and reimbursement of costs or expenses at any time during the proceedings and at the request of either party within 14 days of the arbitrator's decision in relation to that matter.
Class Action Exclusion.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ALIVECOR AGREE THAT EACH PARTY MAY MAKE CLAIMS AGAINST THE OTHER ONLY IN ITS OWN INDIVIDUAL ABILITY AND NOT AS AN ACTOR OR CLASS MEMBER IN ANY CASE CLASS PROCEEDINGS.
Further, unless agreed by both you and AliveCor or otherwise, the arbitrator cannot consolidate the claim of more than one person, and may not otherwise preside over any form of representative or class proceeding, to the fullest extent permitted by the applicable law.
Claims.
To the fullest extent permitted by applicable law, no action arising out of, related to or relating to these Terms shall be brought beyond one (1) year after the cause of action matures.
This period cannot be extended for any reason, except with the written consent of both parties.
All laws or statutory provisions that may modify or extend the expiry of the limitation period are hereby waived and no rule or statutory provision may extend the limited period referred to in this paragraph, to the fullest extent permitted by applicable law.
Changes to this Arbitration Provision.
If AliveCor makes any future changes to this arbitration provision, other than a change in AliveCor's communications address, you may reject the change by sending a written notice within 30 days of changing AliveCor's communications address. ; if so, your AliveCor account will be terminated immediately and this arbitration provision, as in effect immediately prior to the rejected changes, will survive.
Application.
If Article 24G is found to be inapplicable or if the entire Article 24 is not applicable, the entire Article 24 will be null and void and, if so, the parties accept that the jurisdiction and exclusive venue indicated in Article 22 will govern all actions arising from or related to these Conditions.
Notices; consent to electronic communications.
By using the Service, you consent to receive certain electronic communications from us as described in our Privacy Policy.
Please read our Privacy Policy for more information on our electronic communications practices.
You agree that any communications, agreements, disclosures and other communications we send to you electronically meet all legal disclosure requirements, including those requiring communications to be in writing.
All communications from AliveCor intended for the user are deemed delivered and in force if sent to the email address provided by the user during the registration process or when published or made available to the user on the Service.
If you change the e-mail address provided in connection with your registration to access and use the Service, you must update it in accordance with the procedures established on the Service.
By providing your mobile number to us, you consent to receive text messages at that number required for account verification, message notifications and other purposes related to the Service.
While there is no text messaging fee, your carrier may charge fees, data, and other standard costs.
The user is responsible for such charges.
We may send and receive text messages through cellular telephone operators or other networks and the level of reliability may vary.
We are not responsible for the timeliness or final delivery of the message, as this is beyond our control and is the responsibility of the cellular telephone operator or other networks.
Notwithstanding the foregoing, we will use the user's mobile number in accordance with the Privacy Policy.
NOTICE RELATING TO APPLE
You acknowledge that these Terms are entered into only with AliveCor and not with Apple, and Apple is not responsible for the app and its content.
Apple has no obligation to provide maintenance and support services in connection with the app.
In the event that the app fails to comply with any applicable warranties, you may notify Apple and Apple will refund the purchase price to you, if paid and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation in relation to the app.
Apple is not responsible for the resolution of any claims by you or any third party in connection with the app or your possession and / or use of the app, including: (i) liability claims of the product; (ii) any other claims that the app does not comply with an applicable legal or regulatory requirement; and (iii) claims arising from consumer protection or similar laws.
Apple is not responsible for the investigation, defense, liquidation and release of any third party claims that the app or your possession and use of the app infringes any third party's intellectual property rights.
While using the app, you agree to abide by all applicable Third Party Terms.
Apple and Apple's affiliates are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and you will be deemed to have accepted) to enforce the Terms to you as a beneficiary. third of the same.
You represent and warrant that (i) you are not located in a country embargoed by the US government, or designated by the US government as a “terrorist” country; and (i) is not part of a country designated by the United States government as prohibited or restricted.
Contact info.
The service is offered by AliveCor, Inc.
To contact us, you can write to support@alivecor.com.
Last revision: [07/01/2019]