Terms and conditions of Kardia-app
Alivecor.com aufrufbare under the ") is " website (website of property, inc. (" Alivecor Alivecor " or " we ").
, Subject to the conditions of use described below (the " ') granted them as conditions of use laid down below the right to Alivecor use the website, including, in particular our application software (together " software " or " Kardia app ") and on the website or software provided services (" together ") services.
" You " means the visitors to the website.
Please read it carefully usage conditions.
Accept button or by clicking on " " to the service access do you explain with these conditions agreed.
Conditions disagree with these if you, you must not use service or access.
By accepting these conditions or the use of the service they confirm that the following terms and conditions, including the data protection directive and read and understood with these agree jointly (" conditions ').
Nutzungsberechtigt if they do not, or the conditions not agree with them is the use of the service is not allowed.
For Kardia-nutzer service in the united states of america (usa), australia, aruba, canada, france, germany, hong kong, india, ireland, italy, jamaica, the netherlands, spain, trinidad and tobago and the united kingdom available.
Service exclusively for the recording, display, storage and transmission of planned (" "). ELEKTROKARDIOGRAMMEN Ekg-daten
As users of the service they are for the information recorded and stored by this service responsible. Ekg-daten
The service is not for the diagnosis of heart disease or the automatic notification of patients or health professionals on potentially severe heart or circulatory diseases or irregular heart envisaged.
Daemon is not for a continuous surveillance and we do not guarantee that the service sent messages by one or more doctors or that the service be answered on medical events reported a reaction of one or more doctors.
Although ALIVECOR them an optional to use or provide about our Ekg-auswertungsdienst a link between her and her account Kardia-pro-dienst can produce, is not an automatic ALIVECOR healthcare providers, monitoring, use of any analysis or testing, sure. information service specific aspects
Are submission of their medical data with your doctor responsible, so that they can be properly analysed and a diagnosis can be made.
If they have no consumers in a, in the legal system for the exclusive use of arbitration settlement of disputes is not allowed to see these conditions before that any disputes between you and be settled in a binding arbitration. Alivecor
You agree, for their right of appeal to the court to give up to their rights arising from this treaty to assert and defend; this does not apply to matters that courts for small claims procedure can be provided.
About their rights is not by a judge or jury but of a neutral referee decided and their rights can not in the form of collective redress be claimed.
Further information on the agreement, any dispute with by arbitration, you find only Alivecor in section 24 (" dispute resolution and arbitration.
Use of the service.
Service exclusively for the show and the sharing of data and upload such data with your healthcare provided, and do some maintainer data on their person in the form of service allowed benefit.
Access to the service or the use of the service must take place for any other motive.
Do service including all data or the service is provided or of them in any other way or were Alivecor shall be stored only for legitimate purposes in their own name and appropriate use; this is subject to their comprehensive comply with these conditions and other control and directives, which for the service, and occasionally, to be published. Alivecor
Nutzungsberechtigung.
They must at least 18 to be able to use the service.
By agree to explain these conditions and guarantee us that: (a) at least 18 years old; (b) their use of the service had not stopped, and they were not removed from service; and that (c) their registration and their use of the service in accordance with all applicable laws and regulations of their local legal system is.
If service on behalf of a body, an organisation or an undertaking benefits, and can you guarantee explain it is authorised such an organisation to those conditions to bind and you agree, on behalf of this organisation, in these conditions to be bound.
Accounts and registration.
So they can access to most of the functions of the service, they must register in order to account to produce.
Account register for a if they are, they must us into several information on their person, provide, inter alia, personal data such as name, an e-mail address, a password, sex, the size and the date of birth.
You are free to decide whether us additional information providers.
They declare that the information they provide are correct and that they are always will ensure that these are accurate and up-to-date.
In case of registration you are invited to a password to deposit.
They solely responsible for the secrecy of their and their password and take the Account-daten responsible for all activities take place on their account.
If they have reason to believe that your account, you should no longer safe on swiftly under support us. contact @ alivecor.com
If their account over a period of more than 12 consecutive months (12), it can be terminated automatically was inactive.
Payment.
To service or certain features of the service, you may have to be able to access charged.
Before payment, any charges you have the possibility, such charges you are to be calculated, to examine and deal with these agree to explain.
Fees shall be ineligible, as far as under the applicable law is admissible.
Should Alivecor charges for service change, inter alia by calculating additional fees or costs, they are informed in advance of such changes. Alivecor
You should not accept such changes over the provision of the service for you possibly Alivecor.
Alivecor on at the time of purchase specified. payment method
Alivecor authorize it to all amounts to stress this payment method as set out in these conditions for the before selected service to settle.
Any fees if they pay on a credit card can before their purchase of a Alivecor Vorautorisierung to make sure that the Kreditkartenkontos credit card is valid and the resources available to the existing balances and to meet their are sufficient. Kaufbetrags
Enable update functions for the service may cancel or recurring payments for fees incurred included. periodically
If they have the service or update, give recurring payments activate the authorisation until to cancel the Alivecor recurring payments or termination of all accounts accrual at any due date or before regularly and continuously account.
Any if they already authorised payments over the single or recurrent service may, by update or cancel date on which the update or invalidation several working days pass.
As indicated in the privacy statements, records and stores. no Alivecor Kontoinformationen
License.
Alivecor owns of service and the service is operated by. Alivecor
The service provided documents and other information and content (" ") are by copyright and Seiteninhalte other laws to protect intellectual property protected worldwide.
All Copyright-vermerke and other in the integrated Eigentumshinweise, must at all copies Seiteninhalten such content be included.
Any piracy, modification, dissemination and public display or performance of Seiteninhalten is strictly forbidden.
Alivecor suppliers and his reserve, which all rights in these conditions are not listed.
Subject to the restrictions contained in these conditions for the use of them exclusively granted Alivecor service a limited, non-exclusive, non-transferable, and licence to install and use unterlizenzierbare it consists in the app to devices operating their property are Objektcodeformat or in their possession.
By our app (s) use or download
Confirm that is not to you the app licensed was sold; and
Confirm that the use and operation of their equipment in connection with its use of the terms and conditions (e.g. the third app) and by their conditions of use Mobilfunkanbieters parties (such as charges for Gebührenbelastung telephone service, or may be subject to access to data) and that they Messaging-funktionen sole responsibility for the payment of all such fees, respectively.
Clinical Auswertungsdienst.
General.
Auswertungsdienst clinical (" ") is a clinical Auswertungsdienst Alivecor their Drittanbieter-ressource data in cooperation with imported, shall examine and article. Alivecor
Auswertungsdienst clinical informed on all of their findings Alivecor data available.
These findings are then them of through the service provided. Alivecor
By accepting these conditions do you explain with a notification in clinical, however, you can take Auswertungsdienst at their discretion over the use of clinical Auswertungsdienstes decide.
Fees for the clinical will only help calculated, when monitoring services you a clinical benefit. Auswertungsdienst
Alivecor reserves the right to the providers of clinical to change or one or more Auswertungsdienstes offers the clinical terminated. Auswertungsdienstes
Reports.
Service you can use that to reports on findings to create from their data has generated. Alivecor
No Alivecor report. and a is provided is a Auswertungsdienst clinical diagnosis.
Evaluated report serves as the information for you by your doctor and may as an aid to an appropriate diagnosis and the adoption of a position treatment used to all their medical history into account.
Only your doctor may based on their data are a diagnosis.
It is their responsibility, their medical data your doctor for a proper analysis and diagnosis.
Ekg-aufzeichnungen.
Them is the possibility of available on their device at any time to create Ekg-aufzeichnung
Their Ekg-aufzeichnungen factors which are subject to your health and linked with their activities.
Alivecor providers of clinical and take no guarantee of the validity or Auswertungsdienstes the clinical significance of the assessed data.
Please note that your data from your doctor in a different way can be interpreted.
If it is for the use of a clinical decide we launch their information Auswertungsdienstes as soon as you settle on the service have given their agreement.
Restrictions.
Telemedicine as local laws can be restrictions in their use can be reduced. the clinical Auswertungsdienstes
As their data on a cover for ensuring they are mobile device responsible for ensuring that the use of the clinical the applicable to them laws on local Auswertungsdienstes telemedicine not hurt.
Personalised inspection bodies.
Alivecor them in certain circumstances to send notifications or guidance by their historical data and analysis carried out Alivecor others of them in the categories " medicinal product " information provided Alivecor, " symptoms " or " activities ' are based.
Alivecor such as may recommend that you your data for continuous monitoring of their regularly to transmit. clinical Herzgesundheit Auswertungsdienst
Such notifications or guidance, or the lack of such notifications or recommendations do not as a reference to their state of health; in addition, such notifications or guidance no substitute for the opinion of your doctor.
It is their responsibility, their data to your doctor and with him to discuss what action in view of their medical history would be appropriate.
Alivecor can give you the setting up of the service, for example, the allow Erinnerungsbenachrichtigungen set up on the use of drugs. Erinnerungsbenachrichtigungen
Alivecor ensures the accuracy, reliability, completeness or not, because of punctuality Push-benachrichtigungen parts of the process outside the controlled area of be phased out. Alivecor
They recognize that they bear sole responsibility if they are to such notifications leave and shall not be liable for their Alivecor handling of notifications.
They agree that to service or to their Alivecor Push-benachrichtigungen Marketingzwecken, if this option enabled mobile device can send and this is in line with the data protection directive is.
Push-benachrichtigungen can be about your. disable device settings
Assurances and guarantees of the user.
Kardia Kardia and users of per explain guarantee and ensure that in the united states they Alivecor, anguilla, australia, aruba, austria, belgium, canada, bahrain, chile, france, germany, hong kong, hungary, india, ireland, israel, italy, jamaica, kuwait, luxembourg, malta, the netherlands, new zealand, norway, poland, qatar, oman, pakistan, spain, switzerland, trinidad and tobago, the united kingdom is established or in the united arab emirates.
Explain guarantee all users and ensure that (1) these Alivecor conditions of them made out with them are met and a valid and binding agreement are concluded, in accordance with the provisions laid down in this to them; (2) provided that it is enforceable the service on behalf of another body use it as an authorised representative of the body agree to this body in these conditions, to bind and adequate authority to possess, (3) it relates to the service exclusively in such a way and access the service in such a way that use in these conditions, and additional instructions and directives or in the guidelines, including the Alivecor service published directives or guidelines is explicitly authorized; (4) in their access to the service and its use of the service in full compliance with the applicable laws; and act (5) all information, data and other materials that they for their registration for a account have provided correct in all respects and is true.
Nutzerinhalte
Nutzerinhalte in general.
Certain functions of the service enabling them, their healthcare provider or other users, where appropriate, uploading content, including the uploading message data, figures, data, texts, and other species (" information Standortinformationen "), and the publishing Nutzerinhalte Nutzerinhalten as part of the service.
Keep copyright and other property rights, including all moral rights to the of them in the framework of the service may have; there are geposteten Nutzerinhalten provided that, if your account with our or provided by your healthcare provider Kardia-pro-dienst, all of them in their information systems linking data provided may be in their healthcare provider and that copies of such data included health records in accordance with the law of property may and / or the control of Gesundheitsdienstleisters.
Limited Lizenzgewährung. to Alivecor
Items or through the publication of a permanent, give Nutzerinhalten Alivecor, force and not exclusive, irrevocable worldwide, and law and fully paid gebührenfreies übertragbares (with the right to such a licence) use the Unterlizenzierung, storage, transfer, hosten display, implementation, reproduction, and distribution of their amendment and producing thereof derived works in Nutzerinhalte whole or in part for all purposes, with the data protection directive are in conformity; this applies to all and the use of all currently known or Medienformate later developed media outlets.
Also we must by reference to their data and figures, and create Nutzerinhalte anonymised such data and figures in such a case, not more than your understand. Nutzerinhalte
Abandon them forever for any irrevocable and rights they with regard to the amendment or handling of their should have with which they do not Nutzerinhalte agree.
Alivecor reserves the right to the assumption that the items which display or transfer of Nutzerinhalte at their own discretion to refuse.
Limited Lizenzgewährung to other users.
By Nutzerinhalte items or with other users of the service or their parts on our account with your healthcare provider, give link Kardia-pro-dienst such users and / or healthcare providers a non-exclusive licence for access to these and their use under these conditions, as well as Nutzerinhalte as part of the functionality of the service.
Nutzerinhalten assurances and guarantees.
They solely responsible for her and the consequences of the item or the Nutzerinhalte. publication of Nutzerinhalte
Items or through the publication of confirm to ensure and guarantee them Nutzerinhalten that:
They creator and owner of, or have the necessary licences, Nutzerinhalte rights and licences to Alivecor Einwilligungen and users of the service for using and disseminating their to authorize, insofar as the Nutzerinhalte exercise of them in this section is necessary, but that licences granted in the, the service and these conditions allowed Alivecor framework has to be made; and
Their Nutzerinhalte and the use of their Nutzerinhalte: (i) under these conditions, including any rights of third parties against copyright, trademarks, patents, business secrets, or other property, moral rights, data protection rights of music publishing rights and intellectual property rights, are not or hurt or abuse it; or (ii) the data protection, publishing or other property rights to another person's not denigrate or; and it hurt or (iii) no violation of a law or regulation by. it cause or Alivecor
You agree, all fees or other sums to pay royalties to any person through their locations in service or on the service due Nutzerinhalte.
Disclaimer Nutzerinhalte for.
We are not to process or control of, or other users to Nutzerinhalten publish, and we are items or in any way for responsible or liable. Nutzerinhalte
Alivecor is always and without giving prior notice all which, in our sole discretion against Nutzerinhalte these conditions or any other way contrary are undesirable, examine, remove, edit or block.
They note that during their use of the service them from a variety of sources Nutzerinhalte may be displayed and inaccurate, offensive, offensive or undesirable Nutzerinhalte.
Where under the applicable law is admissible, you agree with that which they renunciation of all the rights under the law or to with a view to belong to Billigkeitsrecht Alivecor or could and do not belong to Nutzerinhalte to such rights.
We reject any liability, in conjunction with explicitly, as far as from Nutzerinhalten applicable law is admissible.
If users or owners of content thereof is that the us may not agree with these conditions are Nutzerinhalte, we must investigate such a claim and at their own discretion to decide whether the Nutzerinhalte should be removed, while we reserve the right to do this, at any time and without notice.
Approach unlawful Benutzerinhalten
If you believe that certain conditions are not in conformity with these Nutzerinhalte we ask you to inform us accordingly.
We comply with the provisions of the digital millennium copyright act (dmca ", " american law on copyright in the digital age), which for our business, (17 united states code [collection of american in its up-to-date] § 512 bundesgesetze version).
Regarding materials which provided that they have been posted in service complaints relating to intellectual property rights, they can have in our competent at the following address. agent
Alivecor, inc.
ATTN: legal department (copyright notification)
444 castro street, suite 600
Mountain view, ca 94041
Us
+ 1 650-396-8650
E-mail: copyright @ alivecor.com
Please note that the false, misleading or inaccurate wissentliche give information about the infringing nature of civil or criminal consequences under the applicable law Nutzerinhalten.
Any notes referred to in the digital millennium copyright act (dmca), a claim from the service or on the service of that common materials gehostete intellectual property rights, must all information that hurt, for such statements are prescribed. dmca
Multiple violations.
Accounts of users by persons classified as " Alivecor repeatedly are immediately rechtsverletzende and without giving prior notice resigned.
Repeatedly rechtsverletzenden at a is a person users, at least three times to his activities was made or the rechtsverletzenden Nutzerinhalte from service at least three times have been removed.
Forbidden.
Using service declare that:
Service (a) in any legal system, in which a benefit or has access to such use or such access is not allowed, (b) not for illegal purposes benefit or access and that they (c) not against local, state, national or international law;
No operations, the other harm or the reputation of could damage; Alivecor
No rights, including by any third infringe intellectual property rights or misuse personal data or third hurt another person reveal, and not other people to such a violation of such rights of third parties call;
No werberelevante marketing or left or content or any, or any other illegal, Nutzerinhalte or inaccurate content items diffamierende libellous or spread, as no upload content that reasonably for undesirable, a wrong-doer,,,,, belästigend sittenwidrig pornographic or on a shameful, hostile do otherwise inappropriate can be found;
No scraper, or other appropriate means for data collection in the robot, or of the service or use the service by any other way or third framing spread provide, without approval would have, to a Alivecor
No safety-related functions of the service, including through affect: (a) circumvention of functions that the deactivation or use or copying; or prevent or limit of content (b), or other attempts Reverse-engineering decompilation of any part of the service, including the source code (s) to decipher app, except to the extent to which the law such an activity that being said, expressly permitted;
The operation of the service or the use of the service by another user and in this regard, inter alia, not disturb any of the following operations: (a) viruses, spyware, adware, worms or other harmful codes or any other way upload a spread; (b) requested to another offer or advertising users of the service; (c) send attempt, including personal data, in particular, on a medical information or other Ekg-daten other users or a third party without its agreement to be recorded; or (d) networks, equipment or associated with the service are connected server or for the provision of used or affect or make the for such networks, equipment or rules, guidelines or procedures server referred;
No fraudulent activities and, inter alia, has not been a carry out other person or body to spend no false information, without allowing to membership or other services accounts and their registration data access not counterfeit; accounts
Service or parts thereof, does not change, translate or derived works or make adjustments or create or the service or part Kompilierungen thereof for purposes other than those in these conditions allowed purpose, copying or replicate;
The pursuant to these conditions granted access, any materials (such as defined in paragraph 15) for the existing materials or any indication, or possibilities in this context, or rights of use Zugriffs- not cede,,,, a lease unterlizenzieren sell or otherwise transferred to give, and security rights
No in this section 10 perform acts or other person described in this section 10 described in one of the acts or you make the implementation of such aid actions, however.
Drittanbieter-dienste and following websites.
The site can links to other websites contained in the third operated.
Such websites are not subject to the control of third parties and we are not responsible for the Alivecor content on websites or third on a website for left a third.
Alivecor, this left only for reasons of expediency available.
Alivecor is approved, monitor and support any websites and does not and is not a third assurances guarantees in respect of such websites.
Alivecor may provide the service on the export of information tools, including, in or services and Ekg-daten Benutzerinhalten as fit apple or google Drittanbieter-anwendungen health or the import of information from such applications or allow. Drittanbieter-diensten
Such tools include functions, working on linking their accounts with a Alivecor account of a possible. Drittanbieters
Through their use of these tools, guarantee and vote to explain that such transfers under the applicable law are permitted and that they are entitled to such information to the relevant Drittanbieter-dienst in accordance with this from such a service or to transfer data protection directive of, and that it will to extract Drittanbieters on your behalf may.
Services plugins are not subject to our control and we are in favour of the use of their exported information by third parties not responsible.
Provided that the functions of the service to enable information from such provision is made for Importierung, give this Alivecor Drittanbieter-diensten eligibility for use of imported information disclosure of this information and the third such as her to what in line with the provider data protection directive and the law to be made; furthermore give this a permanent licence and irrevocable Alivecor such use and disclosure.
The service may also contain links to websites third.
Following websites are not subject to our control and we are not responsible for their content.
Termination of the use, attitude and amendment of the service.
Account denounce you can do your, by providing the on the website of the service or follow procedures described under Alivecor support @ alivecor.com contact.
Should a provision in these conditions shall hurt them permission granted to use the service automatically.
Alivecor furthermore, for the use of their account service at their own discretion after a previous announcement or without such an announcement or their access to the service at any time denounce or, if they stop block a provision in these conditions, we should have violated a part of the service can no longer provide any other or if need.
Also we reserve the right to the service (in particular, including by a reduction at any time or discontinuation of certain functions of service) temporarily or permanently, or to stop without us they abzuwandeln must inform.
Where according to current legislation is allowed, we make no liability due to a change of service or the suspension or termination of their access to the service or its use of the service; however, where the service no longer operates and its Alivecor access to the service is terminated in accordance with them a pro rata reimbursement of fees paid in advance to which they for the use of the service have paid Alivecor.
Accounts termination of this agreement in or from any reason is at its discretion, to all the Alivecor their related data to delete account.
Data protection directive; additional conditions
Data protection directive.
This (" '), contains information data protection directive data protection directive about the way their personal data cover use of storing and reveal.
Please read the data protection directive carefully.
That comment is by this than in those conditions involved and privacy statement is part of these conditions.
You vote the collection, the, the use, hosting disclosure and other processing or handling of their personal data (including the transfer of data to the data protection directive set out) according to the Drittanbieter provisions.
Additional conditions.
Their use of the service shall be subject to all additional conditions, guidelines and schemes for directives the service or certain functions of the service and which we apply in the context of service (the " items or can link "), for example, additional conditions for or regulations that downloadable Endnutzer-lizenzvereinbarungen application software for certain functions or content of the service apply; this provision is subject of section 14 additional conditions are all through this reference in these conditions involved and are part of these conditions.
Amendments to these conditions.
We reserve the right to these conditions in future in our judgment, can change at any time.
Please check those conditions regularly for changes.
Should amending the conditions of their rights or obligations on a significant scale change (" substantial changes '), tell them about the amended conditions we via e-mail, the us in your email address. Nutzerprofil deposited
Significant changes shall take effect as soon as they have adopted such changes.
Not substantial changes are effective as from their publication.
For dispute settlement, based on these conditions arise that it becomes version used these conditions in the development of the dispute was effective.
If they do not agree with certain amendments to these conditions, its exclusive to their account delete. help
Do these conditions under any circumstances change. or abwandeln
Property, property rights.
Service owned by Alivecor and used by the holdings.
Visual interface graphics, the design, compilation, the information and data, the computer program (including the source or) products Objektcodes software services, and all other elements of the service (" "), that of materials are provided by legislation on Alivecor intellectual property and other laws protected.
All material contained in the service are owned by or our. Alivecor Drittlizenzgebern
Alivecor if no explicit approval, you should not use the materials.
Alivecor reserves all rights to the materials exposed in these conditions does not explicitly were issued.
Subcontractors.
They agree that third parties (including related companies of Alivecor) settlement and provision of Alivecor service or the website of as a whole or in part, or the Alivecor support for such a resolution or provision, for example with regard to the to clinical Auswertungsdienst.
Feedback.
If they are to decide to feedback on problems with the service or change and for the service (" submit proposals for improvements "), give feedback an unconditional, permanent, firm this Alivecor not fully paid and exclusive right to use the feedback to each gebührenfreies way and for any purpose, inter alia, to improve service and other products and services to develop.
Indemnification guarantee.
Where under the applicable law is admissible, they are for their use of the service responsible; they have and the senior executives, directors, Alivecor staff advisers, related companies, subsidiaries and representative of the entities (along Alivecor ") by all rights, liabilities Alivecor, damage, loss and charges, including lawyers ' fees and costs amount exempt against this value in zumutbarer to maintain and, if instructed to do so has issued against Alivecor this to defend, where such claims, liabilities, damage and losses on any way expenses incurred or with the following from the following related: (a) their access to the service or its alleged use of the service; (b) their disregard some of these conditions, guarantees or any assurances on the agreements, in these conditions or the applicable laws or rules referred; (c) its violation of any rights of third parties, including any intellectual property rights, confidentiality or other property or music publishing rights or data protection rights; (d) disputes or disputes between them, and a third
Where under the applicable law is allowed, we reserve the right, at their own expense exclusive defence and control in all affairs, which they impose a (without their associated Freistellungspflichten Freistellungspflicht with such a matter limit); in such a case you will agree, us to defend against such a claim to support.
Disclaimer; no guarantees
Service and all materials and content, and the by service was supplied, as we have seen and in the form available provided, without any express or implied guarantees or assurances of any kind.
Entities ALIVECOR the with regard to the duty, to conclude all over the service provided materials and content, all software or hardware, in the context of the service are or used, as well as with regard to the availability of the above all explicit or implicit guarantees of any kind of, inter alia: (a) any guarantee the tacit for a particular purpose, marketability, suitability, use or NICHTVERLETZUNG; (RECHTSMÄNGELHAFTUNG undisturbed (b), any guarantee of a, a commercial or HANDELSGEWOHNHEIT GEWOHNHEITSPRAXIS; and (c) is any guarantees that the or other on the service provided or Ekg-daten information submitted true, complete and accurate.
Explain in particular agreed and agree that not for medical or related decisions ALIVECOR liable the you or your meeting or based on the data provider
Is which by or through the service, transfer or be displayed does irrespective of whether such data are correct.
Entities ALIVECOR do not guarantee the that the service or part thereof or any of the service offered materials or content, safe and free from errors, a virus or other harmful components are; also guarantee the entities not that any such disturbances ALIVECOR remedies.
No recommendations or information it in verbal or written form of the service, and not on the service obtained material provided or content from one of the entities the reasons behind a guarantee in respect of the service, or ALIVECOR where such a guarantee in these conditions is not explicitly mentioned.
Take all risks for all the damage caused by its use of service or their access to the service, its dealings with other users of the service and any service provided materials or on the content would entail.
You note and agree that the service at their own discretion and at its own risk benefit that they materials or on the content and any related service pages or services at their own discretion and at its own risk to download, access or any other way, and that they receive sole responsibility for any damage to their property (and their computer system or that they have in connection with the MOBILGERÄTS service use) or on the use of which bear losses of data service or downloading or the use of such materials or content are due.
The above paragraphs shall apply to the extent permitted by the law applicable.
Under some laws may be banned, in particular, a law intended disclaimer or, for example for legal implicit government disclaimer goods to be presented KONFORMITÄTSGARANTIEN; in different legal systems can Eu-verbrauchern them different rights.
Limitation of liability
In any case, the entities liable to them for direct, indirect, ALIVECOR casually or special damage resulting sequelae or damage (including damage for profit, with STRAFCHARAKTER or other losses), the intangible Firmenwert- from their access to the service or any on the service provided materials or content or its use of service or such material or content or their inability to the service or material or content to use or to access, or in connection with should be created, regardless of whether a guarantee, a treaty, a liability tort / delict (including negligence), legal provisions or any other legal basis or
Available and whether a legal personality on the possible creation of ALIVECOR of such damage has been informed.
To avoid doubt it is noted that the excluded damage, inter alia, in particular losses of savings or revenues; loss of revenue for; injury to life or health; NUTZUNGSAUSFÄLLE; rights of third parties and all the costs of all services include. or ERSATZAUSRÜSTUNG
Should ALIVECOR his liability for the abovementioned reasons, can not legal from damage covered AUSSCHLIESSEN shall be limited the entire entities to them for the HAFTUNGSUMFANG ALIVECOR from all claims their use of the service or part thereof or their inability to use the service or a part of, or in some other way referred to in these conditions, from an act or illicit on contractual or other basis should be created, except as provided in the section on their 241.e for the use of the service or paid $ 100, whichever amount is higher, where required by the applicable law is admissible.
Under some laws is the disclaimer or the limitation of liability for damage not allowed; casually sequelae or in such a case, these restrictions in the towards them in the relevant jurisdictions allowable size.
Also justified none of these conditions or a disclaimer, where such a limitation of liability or a disclaimer is excluded, for example, such legal limit of liability the exclusion or the limitation of liability for the deliberate violation of these conditions.
None of these conditions has an impact on their rights as consumers.
All provisions of these conditions, the limitation of liability, an exclusion of damages for disclaimer or the distribution of risks that are parties to this agreement and bring about such a division.
This distribution is an important element for the basis of the agreement by the parties.
Provisions listed in all is from the other provisions of these conditions separable and independently.
Restrictions in this section shall also apply in the case where 20 renal remedy or a restricted or their appeal
The essential purpose not met.
Force majeure.
Alivecor is in compliance with the conditions for such a period in which it released as a result of force majeure event his from these conditions as a whole or in parts of obligations resulting can not meet or to fulfil such obligations in default device.
Where under the applicable law is admissible, means " force majeure " for the event purposes of this section an event or a series of events that are caused by the following: (1) or as weather conditions or other or force majeure; (2) Naturelemente war, terrorist acts, uprisings, unrest, civil unrest or rebellion; (3), (4) strikes or embargo Quarantänen; (5) for telecommunications, computers, networks, absenteeism server or internet; (6) or access by third parties to the information technology systems; or (7) other Alivecor from causes outside the control area of reasonable Alivecor.
Applicable law and competent courts.
Where according to current legislation may be subject to these conditions the laws of the u.s. state of california, irrespective of the provisions of the. Kollisionsrechts
If an action or legal proceedings under these conditions is permitted, vote and the personal and exclusive competence of the state Alivecor courts and in santa clara county, california, Bundesgerichte for the settlement of disputes.
If a consumer in the eu is the jurisdiction of the courts in santa clara county not only.
We operate the service of our offices in the united states and we can guarantee that the service not included materials for other sites or use are appropriate.
General.
Such conditions shall, together with the data protection directive and all other arrangements by reference in these conditions explicitly involved the entire and exclusive agreement and one between them and for their use of the service made or Alivecor was completed.
Above explicitly allowed except as those conditions can only be amended by written agreement of the authorised representatives of all parties these conditions was signed.
You do not have these conditions or their rights arising from these conditions without our prior approval in whole or in part by operation of law or any other way to transfer, and assign or empowered to such an agreement after Alivecor sole discretion to grant or to refuse.
Without such an agreement unless they trying, such transfer an assignment companies null and void.
Where permitted under the applicable law, we must at all times without prior notice these conditions or approval dismissed.
Failed if we should have any determination to demand compliance with, this has no effect on our right to the demand of such a meeting at a later date, and if we have our rights in an injury or non-compliance with these conditions or any provision in these conditions should not, such waiver is not waiving our rights in the future is injury or a waiver of their failure to perform or destination.
The headings contained in these conditions are purely for clarity and have no influence on the interpretation of a provision.
If some of the conditions for invalid or not is held, i would point out the enforceable unenforceable as part of as much as possible, and the remaining parts shall remain effective full force and effect.
Termination conditions in these sections 8 to 10, 12, 13, 18, 19 and 21-25 as well as the data protection directive and other associated agreements continues.
Dispute resolution and arbitration
Please read this section carefully, because in the settlement or SCHIEDSGERICHTLICHE
Conciliation certain disputes and rights, between them and us might arise and the restriction of remedies from us could promote, are laid down.
General.
Where permitted under the applicable law and the interests of the settlement of disputes between them, and in the way, and cost-effective Alivecor zweckdienlichsten that all agree on them with from these conditions resulting Alivecor disputes under a binding arbitration procedure, unless it be solved are consumers in a rule of law, which the exclusive use of arbitration for settling disputes be prohibited.
Arbitration are less formal than process.
Arbitration replaced in a neutral referee the judge or jury, it may accept a shorter evidence as to a court of justice may be permitted and arbitration in a very limited amount of review.
Referee can the same and the same remedies or appeal courts as compensation.
This agreement for settling disputes shall apply to all claims arising from any aspect of this or in connection with conditions should be created, both on the basis of tort / delict, legal liability, Vertragshaftung liability or liability due to fraud or before as well as based on a legal basis and other regardless of whether such a claim during the course of these conditions or following its termination should be created.
You note and agree that if they were adopted these conditions on them and their right to a SCHWURGERICHTSVERFAHREN ALIVECOR or participation in a certain, as far as under the applicable law class-action lawsuit is allowed.
Resignation of of the arbitration agreement: you can withdraw by @ support this agreement within 30 days after the Erstannahme this alivecor.com (with an indication contact and conditions of their name and surname and their e-mail address, registration for the service has been deposited in the) declare that they reject. the arbitration agreement
Exceptions.
24a irrespective of the provisions in the section serves none of these conditions the surrender, the exclusion or other restrictions on the rights of one of the parties to the following: (a) the effort before a court for procedures with a Einzelklage small claims; (b) the initiation of a enforcement procedure by the competent national, regional or local authority, provided that such a procedure can be carried out; (c) the establishment of a before a court; or (Unterlassungsanspruchs (d) the effort of an action before a court in connection with a claim from the violation of intellectual property rights.
Referee.
Where under the applicable law is allowed, is any dispute between them and to the federal act (arbitration Alivecor schiedsgerichtlich american law on) and is subject to taking into account the Schiedsgerichtbarkeit resolve of these conditions the amendments provided for dispute resolution procedures (commercial arrangements for the resolution of economic disputes), and the supplementary procedures for consumer Disputes (supplementary related arrangements for) the american arbitration association (verbraucherbezogene disputes american, " aaa " (jointly) Schiedsgerichtsvereinigung " "), and is by the aaa Aaa-vorschriften debts.
The Aaa-vorschriften and are available online at, telephone under www.adr.org notification forms or through available. + 1-800-778-7879 Alivecor
Notifications; procedures.
Arbitration intimidated by the party that intends to first assessed the respective other party on the dispute in writing to tell, with such a communication (" communication) on postal way on u.s. mail) or on federal express (signature) has to be sent and the required notification shall only in the case by email, where the respective other party no information to their current address has provided.
Address for notifications is:, of Alivecor Alivecor inc., 444 castro street, suite 600 mountain view, ca usa. 94041
Communication: information (a) to the nature and the basis of the claim or dispute; and (b) to each target such appeals (or remedy call ").
The parties have in good faith efforts to a right on the direct route to eliminate, the parties should, however, within 30 days of the notification did not reach agreement, Empfangnahme it says you or free arbitration initiated. Alivecor
Arbitration during the, the amount of of them or made to only after the referee Alivecor Vergleichsangebots its final judgments and by any arbitration will be disclosed.
Should a dispute under an arbitration in their favour have been definitively settled, you have to pay: (i Alivecor) by the referee amount; (ii) they may still recent, written amount in the agreement for settlement of the dispute before the Alivecor an arbitrator has offered; or (iii) $ 1,000, whichever amount is highest.
Fees.
Should arbitration under these conditions, it shall take them to the costs incurred Alivecor Schiedsgerichtsgebühr, unless the value of your claim is higher than $ 10,000, in such a case, in accordance with the payment of the fee. decided on Aaa-vorschriften
All hearings as part of an arbitration find in santa clara county, california, instead, although the exact location is compatible; if, however, the value of the claim, or $ 10,000 is less, you should decide whether the arbitration: (a) exclusively based on the documentation submitted to the referee; (b) in the form of Telefonanhörung without the need to; or (c) presence in the form of according to the county (or Präsenzanhörung Aaa-vorschriften in the municipality) is to take place. its billing address
Should referee to find that the their right or their substance through its demand. such an appeal is unjustified remedies requested or a purpose to inadmissible in accordance with paragraph 11 (b) the federal rules of civil procedure [us], then the standards laid down code of civil procedure in accordance with the payment of all fees Aaa-vorschriften set.
In such a case you will agree, any sums reimbursed the previous Alivecor has paid and in accordance with the Alivecor of them are payable. Aaa-vorschriften
Arbitration irrespective of the type that is carried out, the referee a reasoned written to adopt the judgment the main findings and conclusions which form the basis for judgments and, where appropriate, used the word of decision in full.
The referee may at any time during the procedure and at the request of the parties, within 14 days following the decision of the arbitrator on the validity, is to be submitted on the payment and the reimbursement of charges or expenses and decide in this context. settle disputes
No redress.
Where under the applicable law is admissible, make that each party with its claims of ALIVECOR each other party to exclusively, and not as a member of a plaintiff or independently as part of a supposed or a class-action lawsuit SAMMELKLAGEGRUPPE (representative) to assert VERTRETUNGSVERFAHRENS PROCEEDING.
And Alivecor if they have agreed otherwise, it is not allowed to referee the claims of more than one person together or with a or any kind of chair Vertretungsverfahren began to lead, where required by the applicable law is admissible.
Claims.
Where according to current legislation is admissible, they can not action, from these conditions or in connection with created or related stands, and later as a (1) year after the formation of the reason for such proceedings to.
This time limit may be extended for any reason, unless the parties have agreed in writing such an extension.
Hereby will address all law or omitted any time limit or suspend provisions to other way prejudice, and no such legislation or provision in this section, an extension of the limited deadline, where required by the applicable law is admissible.
This Schiedsverfahrensbestimmungen changes.
Should Alivecor at this in future changes other than the Schiedsverfahrensbestimmung for communications to change of address indicated Alivecor so they can such change, by giving us object within 30 days of a written notification to the address indicated for notifications of; in such a case, send Alivecor account for you and this applies to immediately denounced Alivecor Schiedsverfahrensbestimmung prior to the version of the fort of them rejected amendment was valid.
Enforceability.
24g if it is established that section or in its entirety this section 24 unenforceable, so this section shall apply in its entirety 24 came to nothing, in this case, the parties agree that the section 22 and established jurisdiction for all procedures apply, jurisdiction set 1416) from or in connection with these conditions should be created.
Notifications; consent to electronic communications.
Using service do you agree, some of us in electronic form, as in the data protection directive Kommunikationsmeldungen closer to obtain above.
Please read the data protection directive more about our practices of electronic communications to find out.
They recognise that communications, agreements, and others, which we will Kommunikationsmeldungen disclosures send electronically, including the meet all legal communication requirements for such Kommunikationsmeldungen Schriftformerfordernis.
All communications from for its receipt provided for Alivecor shall be deemed to take effect and served to their registration in the email address or via the service sent deposited and posted them has been provided.
The email address you you should change in connection with their registration for access to the service and the use of the service, they shall set your email address in accordance with the procedures set out in the service date.
By us, do you agree, tell your mobile phone number in this point to receive text messages for verification of the accounts, notifications to notifications and for any other purpose, in conjunction with the service is required.
We've got no text message charges, but it may be that your mobile charges for standard messaging, transmission and other is.
Such fees shall be borne by them.
Us texts are free or other networks on mobile operators send and receive, and the reliability of the services may vary.
We punctuality or are not liable for the final delivery of news, since this beyond our control and the responsibility of the Mobilfunkbetreibers or other lies. networks
Notwithstanding the provisions above, we use in accordance with the data protection directive. your mobile phone number
Reference to apple
They note that these conditions only for you and not for apple apply; and Alivecor apple is the app and their content is not responsible.
Apple is not obliged to any maintenance and to provide for the app. Support-dienste
A applicable where the app are not met, ensuring they are entitled to this apple; in such a case to tell them the purchase price of the apple app, if such a purchase price was paid; and, where required by the applicable law is admissible, is no other with a view to ensuring apple app.
Apple bears no responsibility for the use of any rights which of them or a third party in the context of their wealth and / or their app or using the app, such claims put forward include in particular: (i) Produkthaftungsansprüche; (ii) any claim that the current legal or regulatory requirements app not met; and (iii) claims on the basis of consumer protection or similar laws have been created.
Apple bears no responsibility for the investigation, defence, or performance of any rights of third parties which settlement the claim from the app or that their wealth and their exploitation of intellectual property rights of third parties injured. app
You agree, in the use of app all applicable conditions to be respected. third
Apple subsidiaries of apple and are these conditions and following its adoption of this Drittbegünstigte conditions is apple as the conditions which justified Drittbegünstigter adoption of such a rating by apple as is is, these conditions to enforce them.
Hereby declare and guarantee you that (i) they are not in a country is that the american government is subject to an embargo or the by the american government as " terrorism "; and that supportive country listed (ii) they are not in a list of banned or restricted parties in the us government.
Contact information.
Alivecor, inc. is the service offered.
We can support by e-mail at contact. @ alivecor.com
Last revised: [] 07.01.2019