Terms of use of the Kardia application
The alivecor.com website (the "Site") is owned by AliveCor, Inc. ("
AliveCor "or" our company "or" AliveCor company ").
AliveCor grants you the right to use the Site, the application, including but not limited to the Kardia application (collectively "Software" or "Applications"), and the services provided through the Site or Software (collectively, "AliveCor Services") as set out below terms of service (referred to as "Terms of Service" or "Terms").
The term "user" refers to a visitor to the Site.
PLEASE READ THESE TERMS CAREFULLY.
BY CLICKING ON THE "ACCEPT" BUTTON OR BY ACCESSING THE ALIVECOR SERVICES, YOU AGREE TO THESE TERMS OF USE.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE ALIVECOR SERVICES.
BY ACCEPTING THIS DOCUMENT OR USING THE ALIVECOR SERVICES, YOU AGREE TO KNOW, UNDERSTAND, AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "PRIVACY POLICY" (INCLUDED).
If you do not qualify or accept these Terms, you will not be entitled to use the AliveCor Services.
ALIVECOR IS AVAILABLE FOR USERS OF THE KARDIA APP IN THE UNITED STATES (USA), AUSTRALIA, ARUBIE, CANADA, FRANCE, GERMAN, HONG KONG, INDIA, IRELAND, ITALY, JAMAICA, HANDBELAND, NATIONAL.
THE PURPOSE OF THE ALIVECOR SERVICE IS ONLY TO RECORD, VIEW, STORE AND TRANSFER RECORDS FROM ELECTROCARDIOGRAMS ("ECG DATA").
THE USER IS RESPONSIBLE FOR THE ECG DATA RECORDED AND STORED BY THE ALIVECOR SERVICE.
ALIVECOR IS NOT INTENDED TO DIAGNOSE ANY HEART DISEASE OR AUTOMATICALLY NOTIFY HEALTH CAREERS OR PATIENTS ABOUT POTENTIALLY SERIOUS CARDIOVASCULAR OR VASCULAR DISEASES.
THE ALIVECOR SERVICE IS NOT FOR CONSTANT HEALTH MONITORING.
OUR COMPANY DOES NOT GUARANTEE A DOCTOR'S RESPONSIBILITY TO PUBLISHED MESSAGES OR EVENTS REPORTED THROUGH THE ALIVECOR SERVICE.
Although Alivecor can provide the option of using the optional ECG interpretation service or connect a user account with a medical service provider via Kardia Pro, Alivecor does not provide automatic inspections, ratings or analyzes or monitoring any information generated via ALIVECOR.
THE USER'S OBLIGATION IS TO PROVIDE YOUR MEDICAL DATA TO A DOCTOR IN ORDER TO CONDUCT AN APPROPRIATE ANALYSIS AND DIAGNOSIS.
Unless you are a consumer in a jurisdiction that prohibits the exclusive use of arbitration to settle disputes, all disputes between you and AliveCor will be settled by BINDING ARBITRATION in accordance with these Terms.
USER WAIVING A JUDICIAL RESTRICTION OF YOUR RIGHTS UNDER THIS AGREEMENT EXCEPT FOR COURTS
small claims.
Your rights will be determined by an INDEPENDENT ARBITRATOR, NOT a court or jury.
In addition, claims cannot be made in the context of class action litigation.
For all information regarding the arbitration of disputes with AliveCor please see section 24 ("Dispute Resolution and Arbitration").
Using the AliveCor service.
The sole purpose of the AliveCor service is to allow the user to upload, display and share data with a healthcare professional, as well as use the data provided by AliveCor about him.
The user may not access or use the service for any other purpose.
You may use the AliveCor service, including any data provided to you by or under the service, and data hosted or stored by AliveCor on your behalf, only for appropriate and legitimate purposes consistent with these Terms and any other guidelines and policies AliveCor services that can be provided by AliveCor.
Entitlements.
You must be 18 years or older to use AliveCor.
By accepting these Terms, you warrant that: (a) you are 18 years or older, (b) your account has not been suspended or removed from the AliveCor service, and (c) the way you register and use the AliveCor service complies with all applicable local laws and regulations.
If you are using AliveCor on behalf of an entity, organization, or enterprise, you ensure that you have the appropriate authority to be bound by these Terms and you agree to be bound by these Terms on behalf of that organization.
Accounts and registration.
In order to access most of the AliveCor features, the user must register an account with the service.
When registering for an account, you will need to provide certain information about yourself, including personal information such as name, e-mail address, password, gender, height and date of birth.
The user may provide AliveCor with additional information.
You acknowledge that the information you provide is true and will update it when it changes.
Upon registration, the user will be asked to create a password.
You are responsible for the confidentiality of your account and password and are responsible for all activity on your account.
If the user suspects that the security of his account has been compromised, he should immediately notify AliveCor at support@alivecor.com.
Your account may automatically expire after a period of inactivity exceeding twelve (12) consecutive months.
Payment.
Charges may apply to access AliveCor or certain features thereof.
Before paying, the user will be able to review and accept the charges charged.
All fees are non-refundable to the fullest extent permitted by applicable law.
If AliveCor changes the fees for the AliveCor service, including by charging additional fees, AliveCor will notify the user in advance.
If the user does not accept these changes, AliveCor may resign from providing services to him.
AliveCor will charge the payment method you specify at checkout.
The User allows AliveCor to charge his chosen form of payment with all fees described in these Terms for his chosen AliveCor service.
If you wish to pay by credit card, AliveCor may ask you to pre-authorize your credit card account prior to your purchase in order to verify that your credit card is valid and has sufficient funds or credit to cover the payment.
The AliveCor service may include the function of activating, updating or canceling recurring payments used to cover recurring charges.
If you activate or update recurring payments through the AliveCor service, this will authorize AliveCor to charge recurring payments (from that point in time to the cancellation of recurring or account payments) in the amount of all accumulated sums up to a designated payment day for all those sums.
If you are using AliveCor to upgrade or cancel any of your current authorized one-time or recurring payments, it may take several business days for this change to take effect.
AliveCor does not collect or store information on financial accounts as outlined in the Privacy Policy.
License.
AliveCor is the owner and operator of the AliveCor service.
The documents and other information and content available on AliveCor ("Site Content") are protected by copyright and other intellectual property laws worldwide.
Any copyright and proprietary notices regarding the Site Content must be included in all copies of the Site Content.
The unauthorized reproduction, modification, distribution, or making available or publicly available use of any Site Content is strictly prohibited.
AliveCor and its suppliers reserve all other rights not described in these Terms.
Subject to the restrictions set forth in these Terms, AliveCor grants users a limited, non-exclusive, non-transferable, or sublicensable revocable license to install and use the Application in object code format on devices owned or controlled by the user solely for the purpose of using the AliveCor services.
By downloading or using our Apps, you:
It confirms that the application has not been acquired by him and is licensed.
I accept that third-party terms and fees may apply for the use of the device in conjunction with Apps, such as carrier terms and conditions, telephone service charges, data access, or the ability to send messages.
The user is responsible for making any payments in this respect.
Medical Assessment Service.
General.
AliveCor has established a group of external specialists to provide the user with a professional ECG analysis service ("Medical Assessment Service") through the AliveCor service for an additional fee.
An ECG record can be submitted for evaluation in one of two ways: (i) submit to a certified cardiologist for analysis ("Cardiologist's Interpretation") or (ii) submit to a certified ECG technician for evaluation ("Technician Evaluation").
As requested and with the consent of the user, AliveCor sends, as part of the Medical Assessment Service, the data necessary to provide the Cardiologist's Interpretation or Technician's Assessment service.
As part of the Medical Assessment Service, the requested action is performed and the Cardiologist's Interpretation or Technician's Assessment is sent electronically back to the AliveCor systems.
Then AliveCor makes the report available to the user as part of the AliveCor service.
By accepting these Terms, you agree to participate in the Medical Assessment Service, but use of it is optional.
A fee for the Medical Assessment Service will only be charged when you use it.
AliveCor reserves the right to change providers of the Medical Assessment Service and withdraw one or more offers under this service.
Reports.
You may use the AliveCor Services to generate reports with algorithmic output based on FDA-approved AliveCor algorithms using your data.
Any reports based on the FDA-approved AliveCor algorithms or from the Physician Assessment Service have the same goal: to provide the user with more information for consultation with a physician.
The reports are not a substitute for consulting a doctor or suggest any diagnosis.
These reports are intended as information for the user and can be used by a physician to make an appropriate diagnosis and implement appropriate treatment, taking into account the complete medical history.
Only a doctor can make a diagnosis based on user data.
It is the responsibility of the user to provide his medical data to the doctor for proper analysis and diagnosis.
ECG recordings.
The user can obtain an ECG from the device at any time.
ECG recordings depend on many factors related to the health and activity of the user.
AliveCor and its Medical Assessment Service providers make no guarantee of the accuracy or clinical relevance of interpreting the data.
Please note that your doctor may not agree with the interpretation of the data you have received.
If you choose to use the Medical Assessment Service, we will share your information with that service when we obtain your consent through the AliveCor Services.
Limitations.
Due to the limitations of telemedicine, your local jurisdiction may limit your use of the Medical Assessment Service.
As you collect data through your mobile device, it is your responsibility to ensure that the Medical Assessment Service complies with local telemedicine regulations.
Personalized Monitoring Service.
In some cases, AliveCor may provide you with notifications or suggested actions based on its analysis of historical data and other information provided to AliveCor, including information about medications, symptoms and activity.
For example, AliveCor may prompt the user to periodically submit their data to a clinical interpretation service to continuously monitor their heart condition.
These notifications or suggested actions (or lack thereof) are not indicative of your health.
Moreover, they are not intended to replace a doctor's opinion.
The user is responsible for presenting his data to the doctor and discussing the appropriate treatment with him based on his medical history.
In addition, AliveCor can allow the user to schedule various notifications with AliveCor, such as reminders to take medication.
AliveCor makes no representations about the accuracy, reliability, completeness or timeliness of any push notifications as parts of this process are beyond AliveCor's control.
You agree that you will rely on these reminders at your own risk.
AliveCor disclaims any responsibility arising from their use.
The User accepts that AliveCor may send push notifications to his mobile device for marketing purposes or related to the AliveCor Services, provided that the user enables them and complies with the Privacy Policy.
Push notifications can be turned off in the device settings.
User representations and warranties.
Users of Kardia and Kardia Pro services represent and warrant AliveCor that they are resident in one of the following countries: USA, Anguilla, Australia, Aruba, Austria, Bahrain, Belgium, Canada, Chile, France, Germany, Hong Kong, Hungary, India, Ireland, Israel, Italy, Jamaica, Kuwait, Luxembourg, Malta, the Netherlands, New Zealand, Norway, Oman, Pakistan, Poland, Qatar, Spain, Switzerland, Trinidad, Tobago, the United Kingdom or the United Arab Emirates.
All users represent and warrant to AliveCor that (1) these Terms were drafted and signed by them and constitute a valid and binding agreement with users, enforceable under its terms; (2) if users use the AliveCor Services on behalf of another entity, they are its authorized representative and have the authority to be bound by the provisions of these Terms; (3) will not access or use the AliveCor Services in situations other than those set out in these Terms and any other instructions, guidelines or rules issued by AliveCor, including those posted on the AliveCor Services; (4) access and use the AliveCor Services in accordance with applicable law; (5) all information, data and other materials provided by the user during account registration are correct and truthful.
User Content
User Content - General.
Certain features of the AliveCor Services may allow you, medical service providers, or other users to submit content to the AliveCor Services, including messages, images, data, text, location information, or other types of information ("User Content") and post User Content on the AliveCor Services. .
You retain copyright, including all moral and other proprietary rights, to User Content posted on the AliveCor Services, provided that, if you choose to link your account to the Kardia Pro service or information systems offered by your medical provider, any data provided medical service providers may become part of your medical records and a copy of this data may become the property or control of your medical provider under applicable law.
Grant of a limited license to AliveCor.
By posting User Content, you grant AliveCor a perpetual, irrevocable, international, non-exclusive, duty-free, fully paid and transferable right and license (with sublicensable rights) to use, host, store, transmit, perform, display, reproduce, modify , to compile and distribute User Content in whole or in part for any purpose in accordance with the Privacy Policy in any multimedia formats and through any currently available or future developed multimedia channels.
In addition, AliveCor may create anonymised data and images from User Content.
In such event, these data and images will cease to be User Content.
You irrevocably and permanently waive any rights to User Content that is modified in any way that you may object to.
AliveCor reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.
Grant a Limited License to Other Users.
By posting or sharing User Content with other users of the AliveCor Services or
User Content Statements and Warranties.
You are solely responsible for your User Content and the consequences of posting it.
By posting User Content, you represent and warrant that:
is the creator and owner of User Content or has the appropriate licenses, rights, consents and powers to authorize AliveCor and users of AliveCor Services to use and distribute User Content as required to use the licenses granted by the user in this section, as provided by AliveCor, Services AliveCor and these Terms
User Content and its use in the manner set out in these Terms will not: (i) violate, infringe or abuse any third party rights, including copyright, trademark, patent, trade secret, personal rights, confidentiality, legal rights to publicity or any intellectual property or other proprietary rights; (ii) slander or defame any third party or violate their confidentiality or other proprietary rights; (iii) has resulted in a breach of any law or regulation by AliveCor.
You agree to pay all and all fees and charges arising from posting User Content on or through the AliveCor Services.
You are solely responsible for User Content.
AliveCor is under no obligation to edit or control User Content posted by you or others, and is not responsible for any User Content.
However, AliveCor may, at any time and without prior notice, take a screenshot, remove, edit or block any User Content that, in its opinion, violates these Terms or is otherwise inappropriate.
You understand that when using the AliveCor Services, you will be exposed to User Content from a variety of sources and understand that such Content may be inappropriate, offensive, indecent or otherwise inappropriate.
To the fullest extent permitted by applicable law, you hereby waive all rights and remedies that you may or may have against AliveCor with respect to your User Content.
AliveCor expressly disclaims any liability for User Content to the fullest extent permitted by law.
If we receive information from the user or content owner that User Content allegedly does not comply with these Terms, AliveCor may initiate proceedings to analyze the allegations and determine in its sole discretion whether User Content should be removed.
AliveCor reserves the right to remove such Content at any time without prior notice.
Procedure for dealing with illegal User Content
If you believe that any User Content you observe does not comply with these Terms, please notify AliveCor.
AliveCor complies with the provisions of the Digital Millennium Copyright Act ("DMCA") relating to its activities (17 U.
S.
C. §
512, as amended).
If you have an intellectual property complaint regarding material posted on the AliveCor Services, you may contact the designated agent available at the following address:
AliveCor, Inc.
ATTN: Legal Department (Copyright Notification)
189 Bernardo Street, Suite 100
Mountain View, CA 94043
USA
650-396-8650
E-mail address: copyright@alivecor.com
Please note that, under applicable law, knowingly providing false, misleading or incomplete information regarding the non-compliance of User Content may be punishable by criminal or civil law.
Any notices referring to the Digital Millennium Copyright Act ("DMCA") alleging that material hosted or transmitted through the AliveCor Services infringes intellectual property rights must contain all information required by the DMCA for such notices.
Multiple violations.
AliveCor will immediately and without prior notice terminate the accounts of users it deems to be "repeat infringers".
A repeat infringer is a user who has been notified of an infringing activity or whose Content is removed from the AliveCor Services at least three times.
Prohibited Activities.
BY USING THE ALIVECOR SERVICES, THE USER AGREES TO:
not access or use the AliveCor Services (a) in a jurisdiction where such activities are prohibited, (b) for any legal purpose; or (c) contrary to local, state, national or international law.
not to take any action that may be harmful to other people or could damage AliveCor's reputation;
not infringe any rights of third parties, including by violating or misappropriating their intellectual property rights or disclosing their personal data, or by encouraging others to do so;
not post, transmit or share any links or marketing or advertising content, User Content or other content that is illegal, defamatory, defamatory or inaccurate, or that the average person may deem inappropriate, vulgar, indecent, pornographic, harassing, threatening, embarrassing , hateful or otherwise inappropriate;
not use programs, robots or other data collection devices on or through the AliveCor Services or otherwise make the AliveCor Services available to third parties without the permission of AliveCor;
not to affect the security features of the AliveCor Services by: (a) disabling or bypassing features that prevent or restrict the use or copying of content; (b) reverse engineer, decompile or otherwise discover the source code for any element of the Services, including applications, except to the extent that such activities are expressly permitted by applicable law, notwithstanding this limitation;
not affect the operation of the AliveCor Services or user satisfaction with the AliveCor Services by: (a) uploading or otherwise spreading viruses, adware or spyware, worms or malicious code; (b) submitting unsolicited offers or serving unsolicited advertising to users of the AliveCor Services; (c) attempting to collect personal information, including, but not limited to, ECG data or other medical data without the consent of the user or a third party; (d) interfering with or disrupting the operation of networks, devices or servers connected to or used to provide the AliveCor Services, or violating any regulations, rules or procedures of such networks, devices or servers.
not to engage in any fraudulent activities such as impersonating a person or entity, providing false information about affiliation, accessing other AliveCor Services or accounts without prior consent, or forging information during account registration;
not to modify, translate or create derivative works, adaptations or compilations based on the AliveCor Services or their elements, or use, copy or reproduce the AliveCor Services or any elements thereof except as permitted by these Terms;
not assign, sublicense, rent, sell, grant securities or otherwise transfer access obtained under these terms, any material (as defined in Section 15), rights or other permissions to display, use or access any material ;
not to try to perform any of the activities described in Section 10, nor to assist or permit other persons to perform the activities described in Section 10.
Third Party Services and Linked Websites.
The website may contain links to third party websites.
AliveCor does not control third party sites and is not responsible for the content or links on such sites.
AliveCor provides these links for convenience only and does not inspect, approve, monitor or endorse third party websites.
Furthermore, it makes no warranties or representations about these sites.
AliveCor may, through the AliveCor Services, provide tools that enable the user to export information, including, but not limited to, ECG records and User Content, to third party applications or services, such as Google Fit or Apple Health, or to import information from such third party applications or services. including through features that allow the user to link their AliveCor account to an account on a third party service.
By using one of these tools, you represent, warrant and agree that such data transfers are permitted by applicable law, that you have consent to them, and that AliveCor may transfer this information to or from the relevant third party service on your behalf in accordance with the Policy privacy.
AliveCor does not control the third party services and is not responsible for the manner in which third parties use the exported information.
If you enable features of the AliveCor Services that import information from such third party services, you grant AliveCor a perpetual and irrevocable license to use this imported information and disclose it to third parties such as healthcare professionals in accordance with the Privacy Policy and applicable law.
The AliveCor service may contain links to third party websites.
AliveCor does not control or is not responsible for the content of such linked websites.
End of use; withdrawing and modifying the Services.
You may close 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 breach any provisions of these Terms, the authorization you receive from AliveCor to use the AliveCor Services will be revoked immediately.
AliveCor may, at its sole discretion, terminate your account with the AliveCor Services, or at any time and without prior notice, suspend or withdraw your access to the AliveCor Services if it breaches any provisions of these Terms, if we cease to provide any element of the AliveCor Services, or for any other reason.
In addition, AliveCor reserves the right to modify or withdraw at any time and without notice to the AliveCor Services (including by limiting or withdrawing certain features of the AliveCor Services), either temporarily or permanently.
To the fullest extent permitted by applicable law, AliveCor shall not be liable for any changes to the AliveCor Services or any suspension or withdrawal of the user's access to the AliveCor Services, provided that if AliveCor ceases to provide the AliveCor Services and therefore withdraws the user's access to the AliveCor Services. , you will be entitled to a pro-rata refund of any fees paid in advance to AliveCor for the use of the AliveCor Services.
Upon termination of your account or termination of this agreement for any reason, AliveCor may delete any data associated with your account.
Privacy Policy, Additional Terms
Privacy policy.
For information on how AliveCor collects, uses, stores and discloses your personal information, please read the Privacy Policy carefully ("Privacy Policy").
The privacy policy referred to above is included in these Terms.
The user consents to the collection, hosting, use, disclosure and other processing or handling of his personal data (including sharing it with third party suppliers) in accordance with the provisions of the Privacy Policy.
Additional terms.
Your use of the AliveCor Services is subject to any additional terms, policies, rules or guidelines relating to the AliveCor Services or certain features thereof that may be referred to by AliveCor on the AliveCor Services ("Additional Terms"), for example, end user license agreements for all possible download applications or policies relating to a specific feature or content of the AliveCor Services, as set out in Section 14.
Any Additional Terms referenced above are included in these Terms.
Make changes to these Terms.
AliveCor reserves the right to change these Terms at any time and at its sole discretion.
You are advised to review these Terms periodically for any changes.
If changes to these Terms significantly change your rights or obligations ("Significant Changes"), AliveCor will notify you of the changed Terms by email sent to the email address provided in your profile.
Significant changes will take effect once you have accepted them.
Minor changes will take effect on the date they are posted.
Disputes arising from these Terms will be settled in accordance with the version of the Terms that was in effect at the time the dispute arose.
If you do not accept any modification to these Terms, your sole and exclusive remedy is to cancel your account.
The User may not, in any event, change or modify these Terms.
Property; proprietary rights.
The AliveCor service is provided by its owner, AliveCor.
The visual interfaces, graphics, designs, compilations, information, data, computer code (including source and object code), products, software, services and any other elements of the AliveCor Services ("Materials") provided by AliveCor are protected by intellectual property rights and other laws.
All Materials included in the AliveCor Service are the property of AliveCor or its third party licensors.
The User may not use these Materials unless expressly authorized by AliveCor.
AliveCor reserves all rights to Materials not covered in these Terms.
Subcontractors.
You hereby consent to AliveCor engaging third parties (including its affiliates) in providing or supporting the provision of the AliveCor Services (or any component thereof) or offering the AliveCor website, such as a clinical interpretation service.
Feedback.
If you choose to provide AliveCor with feedback and suggestions regarding proposed changes or improvements, or problems you notice with the AliveCor Services ("Feedback"), you hereby grant AliveCor an unlimited, perpetual, irrevocable, non-exclusive, fully paid, and free-of-charge right to use Feedback in any way and for any purpose, including improving the AliveCor Services and creating other products and services.
Indemnification.
To the fullest extent permitted by applicable law, the user is responsible for the use of the AliveCor Services and undertakes to indemnify and indemnify, and, if required by AliveCor, to defend AliveCor, its managers, directors, employees, consultants, affiliates , subsidiaries and agents (the "AliveCor Entities") against any claim, legal liability, damage, loss or expense, including reasonable attorney's fees arising out of or in any way related to: (a) your access, use, or purported use by you AliveCor Services; (b) breach of any provision of these Terms, any representations, warranties or contracts referenced in these Terms or any applicable law or regulation; (c) your breach of any third party rights, including intellectual property rights, to wi rights, confidentiality or other proprietary or privacy rights; (d) any dispute or problem between you and a third party; (e) any claim arising from fraudulent, willful misconduct, criminal offenses or gross negligence by the user.
To the fullest extent permitted by applicable law, AliveCor reserves the right to self-defend (at its own expense) and control any matters that are otherwise subject to liability by the user (without limiting the user's liability for damages in relation to this matter) .
In such event, the user agrees to cooperate with AliveCor's defenders against the claim in question.
Disclaimers, No Warranty
THE ALIVECOR SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE ALIVECOR SERVICES ARE PROVIDED "AS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES.
Alivecor entities exclude all guarantees, clear or implied, regarding alivecor services, all materials or content available through Alivecor services, all software or related hardware or used with alivecor services, as well as the availability of the above -mentioned elements, including: (a) all imposed WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PROPERTY, UNINTERRUPTED USE OR NON-INFRINGEMENT; (B) ANY WARRANTIES ARISING FROM THE COURSE OF COMMERCIAL TRANSACTIONS OR WORKING HANDS; (C) ANY WARRANTY AS TO THE TRUE, COMPLETENESS, OR ACCURACY OF ECG DATA OR OTHER INFORMATION AVAILABLE OR TRANSMITTED VIA ALIVECOR SERVICES.
YOU UNDERSTAND AND AGREE THAT ALIVECOR IS NOT LIABLE FOR ANY HEALTH DECISION, ETC.
COMMISSIONED BY THE USER OR HEALTH CAREER ON THE BASIS OF DATA COLLECTED, TRANSMITTED OR DISPLAYED THROUGH THE ALIVECOR SERVICES, REGARDLESS OF THEIR ACCURACY.
ALIVECOR ENTITIES DO NOT WARRANT THAT THE ALIVECOR SERVICES, ANY ELEMENTS OF THE ALIVECOR SERVICES, MATERIALS OR CONTENT OFFERED IN THE ALIVECOR SERVICES WILL ALWAYS BE AVAILABLE, SAFE, AND FREE OF ERRORS, NON-VIRUSES, OR NON-VIRUSES.
FURTHER, THE ALIVECOR ENTITIES DO NOT GUARANTEE THAT ANY OF THESE PROBLEMS WILL BE SOLVED.
No advice or information received by the User via the Alivecor services or materials or content available in Alivecor Services does not cause a guarantee in relation to any of the Alivecor entities or Alivecor services, if this is not clearly given in these terms.
YOU ASSUME THE FULL RISK OF ANY DAMAGES THAT MAY ARISE FROM YOUR USE OR ACCESSING THE ALIVECOR SERVICES, CONTACTING OTHER USERS OF THE ALIVECOR SERVICES, AND THE USE OF ANY ALIVECOR SERVICES OR ANY OTHER SUBSTANCES.
The user understands and accepts that he uses Alivecor services, and also uses, downloads or acquires materials or content in any other way through Alivecor services and all related sites or services at his own discretion and at his own risk, and that he is solely responsible for any damage PROPERTY (INCLUDING DAMAGE TO A COMPUTER OR MOBILE DEVICE IN CONNECTION WITH THE USE OF THE ALIVECOR SERVICES) OR LOSS OF DATA AS A RESULT OF THE USE OF THE ALIVECOR SERVICES OR THE DOWNLOAD OR USE OF AVAILABLE MATERIALS OR CONTENT.
THE ABOVE PROVISIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS MAY PROHIBIT THE EXCLUSION OF WARRANTIES, IN PARTICULAR WARRANTIES PROVIDED OR IMPLIED UNDER APPLICABLE LAW, FOR EXAMPLE OF THE LEGAL WARRANTIES OF EU CONFORMITY OFFERED.
FURTHER, YOU MAY ALSO HAVE OTHER RIGHTS THAT DEPEND ON JURISDICTION.
Limitation of Liability
Under no circumstances are Alivecor entities liable to the user for any direct, indirect, result, special or moral damage (including the loss of profits, the company's value or other intangible damage) resulting from the use or access of access (or incorrect use or access) BY YOU TO THE ALIVECOR SERVICES OR ANY MATERIALS OR CONTENT IN THE ALIVECOR SERVICES, WHETHER IT IS A WARRANTY, AGREEMENT, DELICTS (INCLUDING NEGLIGENCE), LAW, OR ANY LAW, OR ANY LAW HAS BEEN INFORMED OF THE POSSIBLE DAMAGES.
FOR THE AVOIDANCE OF DOUBTS, THE EXCLUDED DAMAGES ALSO INCLUDE, BUT NOT LIMITED TO, LOSS OF SAVINGS OR REVENUE, LOSS OF PROFIT, LOSS OF FITNESS, LOSS OF LIFE OR HEALTH, CLAIMS OF ANY PERSONAL OR PERSONAL CLAIMS.
EXCEPT FOR THE CONTENT PROVIDED IN SECTION 241.
E, if Alivecor cannot, in line with law, will give up responsibility for any of the above -mentioned damages, the total liability of Alivecor entities for all claims arising from or related to the use or incorrect use of any component of Alivecor services or other elements listed in these THE TERMS AND CONDITIONS, WHETHER THE BASIS IS AN AGREEMENT, DELICTS, OR OTHER LAW, IS LIMITED TO THE BIGGER OF THE FOLLOWING AMOUNTS: THE AMOUNT PAID BY YOU FOR USE OF THE ALIVECOR SERVICES EXPRESSLY FOR US $ 100 OR EXPRESSIVE USE OF US $ 100.
SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR MORAL DAMAGES.
IN THAT EVENT, THIS RESTRICTION WILL BE APPLICABLE TO YOU TO THE EXTENT PERMITTED BY JURISDICTION.
FURTHER, NONE OF THESE TERMS SHALL LIMIT OR EXCLUDE A LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING LIABILITY.
NONE OF THESE TERMS WILL AFFECT YOUR RIGHTS AS A CONSUMER.
THE PURPOSE OF ANY PROVISION OF THESE TERMS, WHICH DESCRIBES THE LIMITATION OF LIABILITY, THE EXCLUSION OF WARRANTIES, OR THE EXCLUSION OF DAMAGES, IS TO ALLOCATE RISK BETWEEN THE PARTIES TO THESE TERMS.
THIS ALLOCATION IS A ESSENTIAL ELEMENT OF THE BASIS OF TRANSACTIONS BETWEEN THE PARTIES.
EACH PROVISION IS SEPARATE AND SEPARATE FROM ALL OTHER PROVISIONS OF THESE TERMS.
THE RESTRICTIONS IN THIS SECTION (SECTION 20) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS PRIMARY PURPOSE.
Force majeure.
AliveCor will be released from the obligations set out in these Conditions for any period in which, as a result of force majeure, it will not be able to fulfill its obligations under these Conditions in whole or in part, or their performance will be delayed.
To the fullest extent permitted by applicable law for the purposes of this Section, "force majeure" means an event or series of events caused or resulting from: (1) weather or other natural phenomena or force majeure; (2) acts of war, terrorist acts, uprisings, riots, protests or revolts; (3) quarantines or embargoes, (4) strikes; (5) interruptions in the operation of telecommunications systems, networks, computers, servers or the Internet; (6) unauthorized access to AliveCor's information systems by third parties; (7) other reasons beyond the control of AliveCor.
Governing Law and Jurisdiction.
To the fullest extent permitted by applicable law, these Terms are governed by the laws of the State of California, excluding its conflict of laws principles.
If these Terms and Conditions permit litigation, you and AliveCor agree to be subject to the personal and exclusive jurisdiction of the state and federal courts located in Santa Clara County, California for the purpose of settling any disputes through legal proceedings.
If you are a consumer resident in one of the European Union countries, the jurisdiction of the courts of Santa Clara County, California, will be non-exclusive.
AliveCor operates the AliveCor Services from its offices in the United States and makes no representation that the Materials included in the AliveCor Services will be appropriate or available for use in other locations.
General.
These Terms, together with the Privacy Policy, and any other agreements expressly referred to in these Terms, constitute the entire and exclusive agreement and agreement between you and AliveCor with respect to your use of the AliveCor Services.
Unless otherwise stated above, these Terms may only be modified by a written agreement signed by the designated representatives of the parties to these Terms.
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without the prior written consent of AliveCor, which may or may not grant it in its sole discretion.
Any attempted assignment by the user without such consent will be void.
To the fullest extent permitted by applicable law, AliveCor may assign these Terms at any time without notice and without your consent.
Failure to comply with any provisions of these Terms shall not affect AliveCor's right to require compliance at any later date.
Furthermore, AliveCor's waiver of claims for breach or non-compliance with these Terms or any provision of these Terms does not constitute a waiver by AliveCor of any further breach or failure to comply with these Terms and does not constitute a waiver of this provision.
The headings in these Terms are provided for convenience only and shall not in any way affect the interpretation of any provision thereof.
If any part of these Terms is found to be incorrect or unenforceable, that part will apply to the maximum extent possible, while the remaining parts will remain in effect.
Upon termination of these Terms, Sections 8-10, 12, 13, 18, 19 and 21-25, the Privacy Policy and any accompanying agreements will remain in effect.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE USER TO RESOLVE CERTAIN DISPUTES BY ARBITRATION AND CLAIMS RELATING TO ALIVECOR, AS WELL AS ALIVECOR MAKES A LIMITED RESPECT OF ALIVECOR.
General.
To the fullest extent permitted by applicable law, and in the interest of resolving disputes between you and AliveCor as quickly and cost-effectively as possible, you and AliveCor agree that any dispute relating to these Terms will be resolved by binding arbitration, provided that you are not a consumer located in a jurisdiction that prohibits the settlement of disputes solely by way of arbitration.
Arbitration is less formal than a court case.
Arbitration uses the services of an independent arbitrator rather than a judge or jury.
Arbitration allows for more limited knowledge of the case than the court and may be subject to very limited judicial review.
Arbitrators can award the same damages and compensation as the courts.
This Arbitration Agreement covers all claims arising out of or relating to any aspect of these Terms, whether it is based on contract, tort, law, fraud, misrepresentation or any other branch of law, or not. whether a claim is made during the term of these Terms or after their termination.
YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND ALIVECOR ARE WAIVING THE RIGHT TO A JURY HORN, AND TO PARTICIPATE BY A CLASSIFICATION.
Opt Out of Arbitration Agreement: You may opt out of the Arbitration Agreement by sending a message to support@alivecor.com within 30 days of accepting these Terms.
In the message, the user must state (as well as provide his full name, e-mail address used to register for the AliveCor Service) that he is resigning from the arbitration agreement.
Exceptions.
Notwithstanding Section 24A, nothing in these Terms shall exclude or limit any party's right to:
small claims; (b) take legal action through the appropriate federal, state, or local agency.
if such steps are available; (c) applying for the security of claims by way of a court order or injunction; (d) bring a lawsuit to resolve a claim of intellectual property infringement.
Arbiter.
To the fullest extent permitted by applicable law, any arbitration between you and AliveCor will be resolved pursuant to the Federal Arbitration Act and will be subject to Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes) collectively referred to as the "AAA Rules" of the American Arbitration Association ("AAA"), as modified by these Terms, and will be enforced by AAA.
The AAA rules and submission forms are available at www.adr.org.
You can also call AAA 1-800-778-7879 or contact AliveCor to obtain them.
Notification; process.
A party wishing to avail of arbitration must first send the other party a written notice of the dispute by US mail with acknowledgment of receipt or by Federal Express courier (signature required) or, only if the other party has not provided a valid physical address, by postal mail. by electronic means ("Notice").
The notice should be sent to the following address of AliveCor: AliveCor, Inc.,
189 Bernardo Street, Suite 100 Mountain View, CA 94043, USA.
The notification must include: (a) a description of the nature and basis of the claim or dispute, and (b) the precise amount of compensation expected (the "Request").
Parties should act in their best faith to resolve claims directly, but if no agreement is reached within 30 days of receiving the Notice, you and AliveCor may initiate arbitration proceedings.
In the course of arbitration, the amount in a settlement proposal proposed by you or AliveCor may not be disclosed to the arbitrator until the arbitrator has made a final award decision.
If the arbitration proceeds in your favor, AliveCor will pay you the highest of the following amounts: (i) the amount specified by the arbitrator; (ii) the last amount AliveCor offered in the settlement proposal prior to the arbitrator's decision (iii) $ 1,000.
Fees.
If you elect to initiate arbitration pursuant to these Terms, AliveCor will reimburse you for the filing fee, unless the claim exceeds $ 10,000.
In such event, payment and any other charges will be governed by the AAA Rules.
The arbitration will be at an agreed location in Santa Clara County, California.
Conversely, if the amount of the claim is US $ 10,000 or less, you may decide whether to proceed to arbitration: (a) solely on the basis of documents submitted to the arbitrator; (b) via telephone calls; (c) in the form of a face-to-face hearing under the AAA Rules of the county (or borough) of your billing address.
If the arbitrator determines that the substance of the claim or compensation in the Request is frivolous or that the request is made for an improper reason (subject to the standards set forth in Federal Civil Procedure Rule 11 (b)), payment of any fees will be governed by the AAA Rules.
In such event, the user agrees to reimburse AliveCor for any previously incurred expenses that are the responsibility of the user under the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision that adequately explains the relevant findings and conclusions on the basis of which the arbitrator has made his decision.
The arbitrator may make awards and resolve disputes with respect to payment and reimbursement of fees or expenses at any time during the arbitration and upon request by either party, within 14 days of the arbitrator making its factual ruling.
Bral class actions.
To the widest extent permissible by the applicable law, the User and the company Alivecor agree that they can submit claims against the other party only individually, and not as an prosecutor or member of the group in any alleged proceedings in a collective claim or conducted by a representative.
Moreover, unless both parties agree otherwise, the arbitrator may not consolidate the claims of more than one person, and may not conduct any form of class action or attorney-led proceedings to the fullest extent permitted by applicable law.
Claims.
To the fullest extent permitted by applicable law, you will not bring any action arising out of or related to these Terms and Conditions when at least one (1) year has elapsed after the cause of action arose.
This period may not be extended for any reason, except with the written consent of both parties.
Any provision or provision of law that would in any way affect the period of this limitation is hereby void.
To the fullest extent permitted by applicable law, no provision or law may extend the period set out in this section.
Modifications to the Arbitration Provisions.
If AliveCor makes any future changes to the above arbitration provisions, other than changing AliveCor's address to the Notices, you may reject those changes by sending AliveCor a written notice within 30 days of the change being made to AliveCor's Notices.
In this case, the user's account on the AliveCor services will be closed immediately.
The above arbitration provisions will survive in the version immediately prior to the implementation of the changes you rejected.
Enforceability.
If subsection 24G or the entire section 24 is found unenforceable, the entire section 24 will be invalid.
In such event, the parties agree that the place of performance and the exclusive court of jurisdiction for any action arising out of or related to these Conditions are set out in section 22.
Notices; Compatible with electronic communication.
By using the AliveCor Services, the user agrees to receive electronic messages from AliveCor, as described in the Privacy Policy.
More information on AliveCor's electronic communications practices can be found in the Privacy Policy.
You agree that any notices, contracts, disclosures or other communications sent to you by AliveCor in electronic form will comply with all legal communication requirements, including their written form.
Any notices from AliveCor for which the intended recipient is the user will be deemed delivered and effective when sent to the e-mail address provided by the user during the registration process or posted or made available to the user through the AliveCor Services.
If the user changes the e-mail address provided during registration and used to access and use the AliveCor Services, the user must update his address in accordance with the procedures set out in the AliveCor Services.
By providing AliveCor with your phone number, you consent to receive text messages to that number required for account verification or notification purposes, as well as for other purposes related to the AliveCor Services.
AliveCor does not charge for text messages, and your mobile operator may charge standard messaging, data, etc.
Payment of these fees is the responsibility of the user.
AliveCor can send and receive text messages through cellular carriers or other networks, so reliability may vary.
AliveCor is not responsible for the timeliness or final delivery time of messages as this is beyond its control and the sole responsibility of the mobile operator or other networks.
Notwithstanding the foregoing, AliveCor will use your phone number in accordance with this Privacy Policy.
APPLE NOTICE
You acknowledge that these Terms apply only to you and AliveCor, not to Apple, and that Apple is not responsible for the Apps or their content.
Apple has no obligation to provide provisioning, maintenance or support services with respect to the Application.
In the event that the Apps do not comply with any applicable warranty, you may notify Apple.
Apple will refund you the purchase price of the App.
Additionally, to the fullest extent permitted by applicable law, Apple has no other warranty obligations with respect to the Application.
Apple is not obligated to respond to claims by you or any third party with respect to the Application or your possession or use by you, including, but not limited to: (i) product liability claims; (ii) any claim that the Application is not in compliance with applicable legal or regulatory requirements; (iii) claims arising from consumer protection laws or similar regulations.
Apple is not responsible for the investigation, defense, settlement, or redemption of any third party claim that the Apps, or your possession or use, infringe that third party's intellectual property.
You agree to comply with applicable third party terms and conditions when using the Application.
Apple and its subsidiaries are third party beneficiaries to these Terms.
Upon your acceptance of these Terms, Apple will have the right (and will be deemed to accept the right) to enforce these Terms as a third party beneficiary against you.
You hereby represent and warrant that (i) you are not a resident of a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a terrorist supporting country, and that (ii) you are not located on any U.S. government-created a list of entities excluded or with whom doing business is prohibited.
Contact details.
The AliveCor service is provided by AliveCor, Inc.
To contact us, please write to support@alivecor.com.
Date of the last modification: [07.
01.
2019]