Terms of Use
Legal Information
Heartify Terms of Use
Last updated: September 2024
Last updated: September 2024
1.1. These Terms of Use (the “Agreement”), together with all the documents referred to in it, constitute a legally binding contract made between you as a natural person ("you", "your" or "user") and Heartify LLC, having its registered office at 50 Milk St, 18th Floor, Boston, MA, United States (“Heartify”, "we" "us" or "our"), concerning your access to and use of Heartify Heart Health Monitor software application for mobile devices (“App”) and our Websites (heartify.io, heartify.world, etc.). The App's title may vary in countries other than the U.S. and is subject to change without specific notice.
1.2. In this Agreement, a reference to the services and content available via the App and/or the Websites is the “Services”.
1.3. Please read this Agreement carefully before you download, install, or use the App or access our Websites. If you use our App, access our Websites, or create an account in the App or on a Website, you agree to be bound by this Agreement, unless we specifically ask for your consent.
1.4. If you do not accept this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access or use the App and you must promptly discontinue using the App and remove (delete) the App from any mobile device in your possession or under your control or cease accessing and use of our Websites.
1.5. This Agreement is not concluded with Apple, Inc., its subsidiaries, or any other entity as may apply. However, you acknowledge and agree that, with regard to the App, Apple and Apple's subsidiaries are the third-party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary thereof.
1.6. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the App and/or the Websites.
1.2. In this Agreement, a reference to the services and content available via the App and/or the Websites is the “Services”.
1.3. Please read this Agreement carefully before you download, install, or use the App or access our Websites. If you use our App, access our Websites, or create an account in the App or on a Website, you agree to be bound by this Agreement, unless we specifically ask for your consent.
1.4. If you do not accept this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access or use the App and you must promptly discontinue using the App and remove (delete) the App from any mobile device in your possession or under your control or cease accessing and use of our Websites.
1.5. This Agreement is not concluded with Apple, Inc., its subsidiaries, or any other entity as may apply. However, you acknowledge and agree that, with regard to the App, Apple and Apple's subsidiaries are the third-party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary thereof.
1.6. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the App and/or the Websites.
2.1. To use the App and Services, you must be at least thirteen (13) years old, or at least sixteen (16) if you are a resident of the European Union or the United Kingdom.
2.2. Any person under thirteen (13) years old is prohibited from using our Services.
2.3. All users who are minors in the jurisdiction in which they reside (generally under the age of 16) must have the permission of, and be directly supervised by their parent or guardian to use the App, so if you are between the ages of thirteen (13) and sixteen (16) years and you wish to use the App or Services, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian's consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
2.4. We do not intentionally gather information from minors under the age of 13 (16 for European Economic Area and United Kingdom residents). If you know someone who uses our Services and is below 13 years old, or who doesn`t comply with these restrictions in another way, please contact us at support@heartify.io. We will promptly remove their data and delete their account from our Services.
2.2. Any person under thirteen (13) years old is prohibited from using our Services.
2.3. All users who are minors in the jurisdiction in which they reside (generally under the age of 16) must have the permission of, and be directly supervised by their parent or guardian to use the App, so if you are between the ages of thirteen (13) and sixteen (16) years and you wish to use the App or Services, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian's consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
2.4. We do not intentionally gather information from minors under the age of 13 (16 for European Economic Area and United Kingdom residents). If you know someone who uses our Services and is below 13 years old, or who doesn`t comply with these restrictions in another way, please contact us at support@heartify.io. We will promptly remove their data and delete their account from our Services.
3.1. Our Services contain information about different health matters, fitness, and well-being. The App is designed to provide you with a variety of information regarding your heart indicators based on measurements you make via the App functionality or that you share with us via available APIs in the App. You can find the full performance list on the App's page at https://apps.apple.com/. The Services are intended only for your personal, non-commercial use.
3.2. Though we do our best to give you credible and verified information only, please note that your use of our Services is always subject to our medical and liability disclaimers, as we are not a healthcare organization, and you are solely liable for your health.
3.2. Though we do our best to give you credible and verified information only, please note that your use of our Services is always subject to our medical and liability disclaimers, as we are not a healthcare organization, and you are solely liable for your health.
4.1. The Website(s) and App are offered for educational and entertainment purposes only, and in no way intended to diagnose, cure, or treat any medical or other condition or to be a substitute for professional medical care. The App is not a clinical pulse oximeter. If knowing your pulse rate (heart rate) is critical to your health, you need to have your pulse taken by a medical professional.
4.2. HEARTIFY LLC IS NOT A LICENSED MEDICAL CARE PROVIDER. NOTHING WITHIN THE SERVICES PROVIDED BY THE APP OR THE WEBSITE(S) IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP OR WEBSITE(S). WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO FITNESS AND HEALTH EDUCATION AND RELATED MATERIALS. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
4.2. HEARTIFY LLC IS NOT A LICENSED MEDICAL CARE PROVIDER. NOTHING WITHIN THE SERVICES PROVIDED BY THE APP OR THE WEBSITE(S) IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP OR WEBSITE(S). WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO FITNESS AND HEALTH EDUCATION AND RELATED MATERIALS. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
Your privacy is crucial to us. Accordingly, we have developed a Privacy Policy in order for you to understand how we process, use, and store information, including personal data. Access to the App and use of the Services are subject to the Privacy Policy. Please read our Privacy Policy carefully.
6.1. As long as you keep using the App and/or Services in accordance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to install and use the App on wireless electronic devices owned or controlled by you, to access and use the App on such devices, and to access and use our Website(s) strictly in accordance with the terms and conditions of this Agreement.
6.2. You may use our Services solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the Services.
6.3. The source code, design, and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or video (hereinafter the "Works"), as well as names, logos, and trademarks (hereinafter "Intellectual Property ") within the Services are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
6.4. These Works and Intellectual Property may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated, whether in whole or in part unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
6.5. All rights, title, and interest in and to the Services and their content, Works and Intellectual Property, as well as its functionalities, (1) are the exclusive property of Heartify LLC and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license therewithin.
6.6. We will not hesitate to take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
6.7. To avoid any doubt, we own all the text, images, photos, audio, video, software, code, and all other forms of data or communication that we create and make available in connection with the App and/or Website(s), including but not limited to visual interfaces, interactive features, graphics, design, compilations of User Content (as defined below), and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App, Website, Works, and Intellectual Property are retained by us and/or our partners and/or contracted third parties, as the case may be.
6.2. You may use our Services solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the Services.
6.3. The source code, design, and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or video (hereinafter the "Works"), as well as names, logos, and trademarks (hereinafter "Intellectual Property ") within the Services are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
6.4. These Works and Intellectual Property may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated, whether in whole or in part unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
6.5. All rights, title, and interest in and to the Services and their content, Works and Intellectual Property, as well as its functionalities, (1) are the exclusive property of Heartify LLC and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license therewithin.
6.6. We will not hesitate to take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
6.7. To avoid any doubt, we own all the text, images, photos, audio, video, software, code, and all other forms of data or communication that we create and make available in connection with the App and/or Website(s), including but not limited to visual interfaces, interactive features, graphics, design, compilations of User Content (as defined below), and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App, Website, Works, and Intellectual Property are retained by us and/or our partners and/or contracted third parties, as the case may be.
7.1. The Services may enable you to share your measurements, post feedback and reviews (including to public areas), and log certain information into the App (“User Content”).
7.2. By providing your User Content to the Services, you (a) grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, edit, adapt, reproduce, translate, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App, Websites and related services and/or for our promotional purposes (for example, by displaying on our Website, within the App, in social media, on any website or platform on the Internet as we may deem appropriate), or for our internal business purposes by communicating it to businesses, sub-contractors, officers, employees, agency workers, consultants or any other workers, full or part time, overseen by Heartify LLC, subject to the Privacy Policy; and (b) you agree to indemnify Heartify LLC and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in this Agreement. However, our rights to use your information related to your health (heart indicators and measurement data) are limited to those directly connected to your use of our Services; we will not disclose it or make it public for our promotional purposes without your explicit permission.
7.3. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust, and change it contextually, or make any other changes, in each case as we deem appropriate.
7.4. Subject to permissions herein, you retain all rights to such User Content that you post, share, or log in to the Services.
7.5. We reserve the right to review all User Content prior to submission to the App and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.
7.6. For the avoidance of any doubt, you acknowledge and agree that we may:
7.8. By submitting User Content to the Services, you warrant and represent that you are the sole author of and owner of all proprietary rights in the User Content. If the User Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third-party owners to use their material in accordance with the provisions of this Agreement.
7.9. You warrant and represent that your User Content will not be inappropriate. Without limitation, User Content will be considered inappropriate if:
7.2. By providing your User Content to the Services, you (a) grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, edit, adapt, reproduce, translate, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App, Websites and related services and/or for our promotional purposes (for example, by displaying on our Website, within the App, in social media, on any website or platform on the Internet as we may deem appropriate), or for our internal business purposes by communicating it to businesses, sub-contractors, officers, employees, agency workers, consultants or any other workers, full or part time, overseen by Heartify LLC, subject to the Privacy Policy; and (b) you agree to indemnify Heartify LLC and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in this Agreement. However, our rights to use your information related to your health (heart indicators and measurement data) are limited to those directly connected to your use of our Services; we will not disclose it or make it public for our promotional purposes without your explicit permission.
7.3. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust, and change it contextually, or make any other changes, in each case as we deem appropriate.
7.4. Subject to permissions herein, you retain all rights to such User Content that you post, share, or log in to the Services.
7.5. We reserve the right to review all User Content prior to submission to the App and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.
7.6. For the avoidance of any doubt, you acknowledge and agree that we may:
- continue to use all or part of User Content even if you change your mind and want us to remove it and/or you no longer use the Services;
- reproduce your trademarks, trade names, service marks, logos, domain names, or other identifying signs or images;
- modify your User Content in any way at our sole discretion.
7.8. By submitting User Content to the Services, you warrant and represent that you are the sole author of and owner of all proprietary rights in the User Content. If the User Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third-party owners to use their material in accordance with the provisions of this Agreement.
7.9. You warrant and represent that your User Content will not be inappropriate. Without limitation, User Content will be considered inappropriate if:
- It is defamatory, plagiarized, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful
- It is in breach of confidentiality or another person’s privacy
- It prejudices any active legal proceedings of which you are aware
- It contains accusations of impropriety or personal criticism of our staff
- It infringes any intellectual property rights proprietary to us or any other third party
- It is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct)
- It advertises or promotes any product or service or makes any requests for donations or financial support
- It is spam or junk content
- It impersonates another person or otherwise misrepresents your identity, affiliation or status
- It would be considered a criminal offense, or gives rise to civil liability, or is otherwise unlawful; and/or
- is in breach of this Agreement.
8.1. We are not responsible for the way you use the App. If you submit a post, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in public areas. We are not responsible for the consequences of any communication in public areas. If you think you may have a medical emergency, call your doctor or emergency services immediately. As a condition of using the Services, you agree not to use the App and other Services for any purpose prohibited by this Agreement.
8.2. UNLESS OTHERWISE STATED IN THIS AGREEMENT OR AGREED WITH US IN WRITING, YOU MUST NOT (WHETHER DIRECTLY OR INDIRECTLY):
— is not used to create any software that is substantially similar in its expression to our Apps
— is kept secured; and
— is used only in accordance with applicable law;
8.4. In addition to your right to use the sharing functionality of the Website(s) and/or App, you may occasionally print individual webpages of the Websites and/or content of the App or materials you got by demand from it for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trademark notices are not removed.
8.2. UNLESS OTHERWISE STATED IN THIS AGREEMENT OR AGREED WITH US IN WRITING, YOU MUST NOT (WHETHER DIRECTLY OR INDIRECTLY):
- distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Services or any content, files, feeds, or data from the Services, whether publicly available or not, to any third parties;
- use or access our Services to provide any kind of services to third parties;
- use the Services to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
- modify any file or any other part of the Services that we do not specifically authorize you to modify;
- modify or translate our App or Services or any related documentation in whole or in part, or combine or merge our App with any other object code or program;
- distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our App or Services or your right to use our Services, including under paid subscription;
- include or copy any of App`s files or content to AI learning databases;
- remove, modify, block, disable, obscure, or impair any copyright, trademark, or other proprietary notices, material, or advertising belonging to us, our licensors, or other third parties contained within our Services;
- incorporate our App or Websites into another service or website or make it available via framing or mirrors;
- reverse engineer, decompile, disassemble, reduce the object code of our App to source code form or create (or attempt to create) derivative works based on the whole or any part of our App, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities:
— is not used to create any software that is substantially similar in its expression to our Apps
— is kept secured; and
— is used only in accordance with applicable law;
- copy, download, or store any content, files, feeds, or data from the Services, whether publicly available or not, to make or populate a database or publication of any kind whatsoever, provided that, for the avoidance of doubt, this is not intended to restrict the copying of an insubstantial part of any such material or where you are able to show ‘fair dealing’ with it, in each case in accordance with the applicable law (this provision doesn`t apply to User Content allowed to share by the functionality of the Services);
- use the App, Services or Services` content for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
- use any robot, spider, or other automated device or process to access the Services for any purpose or copy any material;
- use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software programs or applications, exploits, cheats, or any other hacking, altering, or cheating software or tool;
- upload, post, publish, or otherwise make available information and/or materials, the rights to which belong to third parties, without obtaining the appropriate consent from such third parties;
- attempt to gain unauthorized access to our Services, the server on which our Services are hosted, or any server, computer, or database connected to our Services or to attack our Services via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offense. We shall report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them, and your right to use our Services shall immediately and automatically cease;
- attempt to avoid or undermine any protections we put in place for the security and operation of the Services;
- use data, content, or features from the App and the Website to diagnose, treat, or mitigate any health conditions;
- do anything that may cause damage to our App;
- do other actions prohibited by applicable law, that violate the moral principles and/or any rights of third parties, as well as that could damage the reputation of the Services or otherwise discredit it, the Services` users, third parties, and/or Heartify LLC or any of our products and services, employees, subcontractors, representatives, or affiliates.
8.4. In addition to your right to use the sharing functionality of the Website(s) and/or App, you may occasionally print individual webpages of the Websites and/or content of the App or materials you got by demand from it for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trademark notices are not removed.
9.1. In order to use the App, you are required to have a compatible mobile phone or a tablet, and internet access.
9.2. The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 14.0 or later.
9.3. We do not warrant that the App will be compatible with all hardware and software that you may use. We make no warranty that your access to the App and the Website heartify.world will be uninterrupted, timely, or error-free.
9.4. Our App performs heart rate and heart rate variability measurements via a software program based on the Photoplethysmography (PPG) method. It`s a simple optical technique used to detect volumetric changes in blood in peripheral circulation. We are constantly working to improve the accuracy of measurements provided via the App, but we don`t guarantee absolute measurement precision and lack of errors. We recommend you follow instructions in the App to get the most accurate results, but remember that our App is not a clinical device for measuring heart indicators, so if knowing your indicators is crucial for your health, please visit medical facilities to get professional health advice.
9.5. You acknowledge the App is provided via the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
9.6. We reserve the right to change, expand, and improve the App and Websites, modify the App`s user interface, and add new features and functions, available both on a free and paid basis, from time to time and without prior notice to you. The version of the App may be upgraded from time to time to add support for new functions and services. We may change or update the App and anything described in it without notifying you. If we do so, once you start using such new features or pay for the relevant subscription, you agree to follow this Agreement. We may also, at any time, cease to continue operating part or all of the App, selectively disable certain features of the App, or cease providing any other Service partly or in full. Your use of the App or Website(s) does not entitle you to the continued provision or availability of the App or Website(s). Any modification or elimination of the App or other Service(s) or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
9.7. You also warrant that any information you submit to us is true, accurate, and complete, and you agree to keep it actual at all times.
9.8. If you decide not to use the App for any reason, you should delete your account and uninstall the App. Note that if you have an account and uninstall the App without deleting your account, your data will not be deleted from our servers, even if the App is uninstalled. If you delete your account and continue to use the App, your data will be deleted from our server but will be stored locally on your device until you decide to uninstall the App.
9.2. The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 14.0 or later.
9.3. We do not warrant that the App will be compatible with all hardware and software that you may use. We make no warranty that your access to the App and the Website heartify.world will be uninterrupted, timely, or error-free.
9.4. Our App performs heart rate and heart rate variability measurements via a software program based on the Photoplethysmography (PPG) method. It`s a simple optical technique used to detect volumetric changes in blood in peripheral circulation. We are constantly working to improve the accuracy of measurements provided via the App, but we don`t guarantee absolute measurement precision and lack of errors. We recommend you follow instructions in the App to get the most accurate results, but remember that our App is not a clinical device for measuring heart indicators, so if knowing your indicators is crucial for your health, please visit medical facilities to get professional health advice.
9.5. You acknowledge the App is provided via the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
9.6. We reserve the right to change, expand, and improve the App and Websites, modify the App`s user interface, and add new features and functions, available both on a free and paid basis, from time to time and without prior notice to you. The version of the App may be upgraded from time to time to add support for new functions and services. We may change or update the App and anything described in it without notifying you. If we do so, once you start using such new features or pay for the relevant subscription, you agree to follow this Agreement. We may also, at any time, cease to continue operating part or all of the App, selectively disable certain features of the App, or cease providing any other Service partly or in full. Your use of the App or Website(s) does not entitle you to the continued provision or availability of the App or Website(s). Any modification or elimination of the App or other Service(s) or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
9.7. You also warrant that any information you submit to us is true, accurate, and complete, and you agree to keep it actual at all times.
9.8. If you decide not to use the App for any reason, you should delete your account and uninstall the App. Note that if you have an account and uninstall the App without deleting your account, your data will not be deleted from our servers, even if the App is uninstalled. If you delete your account and continue to use the App, your data will be deleted from our server but will be stored locally on your device until you decide to uninstall the App.
10.1. Some features of our Services may provide or require you to log in or create an account to use our Services further and/or for your convenience and the best user experience. Once you log in on the Website heartify.world and in the App, this allows you to access your measurements and other information.
10.2. For creating an account, you may be asked to provide certain personal information, including your birth date and email address. Upon your Heartify account creation, you warrant that this information is true and accurate, and you must keep it up-to-date to enable your use of the Services. remember that to create an account, you must be 13 years old or older, or at least 16 years old if you live in the UK, EU, or other regions when this age limit applies to you. If you are a minor, you confirm that your parent or legal guardian has read and accepted this Agreement and that you may not have access to some Services intended for adults.
10.3. You can create an account by logging in with your Apple ID or Google account. Please note that we do not control and cannot be responsible for these third parties` authentification services, the stability of their work, and the absence of errors. You can also create an account via your email. When you first create the account via email, you must create a reliable password. You should keep your password secure, as we are not liable for the consequences of account breaching for reasons beyond our control.
10.4. If you want to delete your account, please use the functionality for deleting your account provided in your account settings. On the Website, you can find this functionality in your user profile. In the App, you can delete your account in the account settings.
10.5. Please contact us at support@heartify.io if you need any assistance with your account and/or subscription management.
10.2. For creating an account, you may be asked to provide certain personal information, including your birth date and email address. Upon your Heartify account creation, you warrant that this information is true and accurate, and you must keep it up-to-date to enable your use of the Services. remember that to create an account, you must be 13 years old or older, or at least 16 years old if you live in the UK, EU, or other regions when this age limit applies to you. If you are a minor, you confirm that your parent or legal guardian has read and accepted this Agreement and that you may not have access to some Services intended for adults.
10.3. You can create an account by logging in with your Apple ID or Google account. Please note that we do not control and cannot be responsible for these third parties` authentification services, the stability of their work, and the absence of errors. You can also create an account via your email. When you first create the account via email, you must create a reliable password. You should keep your password secure, as we are not liable for the consequences of account breaching for reasons beyond our control.
10.4. If you want to delete your account, please use the functionality for deleting your account provided in your account settings. On the Website, you can find this functionality in your user profile. In the App, you can delete your account in the account settings.
10.5. Please contact us at support@heartify.io if you need any assistance with your account and/or subscription management.
11.1. The Website is accessible and the App is available for download on a free basis. However, certain features of the Services are offered for a fee.
11.2. Features and content in the App and on the Website may vary by country, language, version, or device. Subscriptions on the Website may not be available for purchase from some countries.
11.3. Subscriptions. You may subscribe to our premium Services in the App or via the Website. Paid subscriptions within the App are billed via in-app purchase functionality provided by Apple. Subscriptions on the Website are billed via third-party payment systems, such as Stripe and PayPal. You authorize the third-party payment systems and us to charge the applicable fees to the payment card that you submit. Subscriptions continue indefinitely. We automatically bill you for ongoing charges until they are canceled. We explain ongoing fees, payment frequency, and how to cancel before you buy.
11.4. Trial. The subscriptions may include a trial period, where you can experience the Services for a specified period at no cost or at a reduced price (“Trial”). Unless you cancel at least 24 hours before the end of the Trial, you will be automatically charged a price indicated on the payment screen or/and Apple’s payment pop-up screen for a chosen subscription period. Please note that if a Trial is offered, this will be explicitly stated on the price screen before checkout. If this is not the case, you will purchase our subscription without a Trial. Ultimately, it is your responsibility to know when the Trial will end. We reserve the right, in our sole discretion, to modify or terminate any Trial offer, your access to the Services during a Trial period, or any of these terms without notice and without liability. We reserve the right to limit your ability to take advantage of multiple Trials.
11.5. Price. We may, from time to time, make changes to subscriptions` price, content, and structure, including recurring subscription fees. Price changes will take effect at the start of the next subscription period following the date of the price change, and, by continuing to use the relevant subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription before the price change goes into effect.
11..6. Taxes. Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate may be automatically applied based on the account information you provide.
11.7. Renewal and Cancellation. Your payment to us or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period unless you cancel it before the end of the then-current subscription period. To avoid being charged you must affirmatively cancel your subscription or a trial at least 24 hours before the end of the free trial or the current subscription period.
11.8. If you purchased the subscription or enabled Trial on the App Store or via Apple in-app purchase functionality, please, change the subscription settings of your Apple account. Learn more about managing subscriptions (and how to cancel them) on Apple support page.
11.9. If you purchase your subscription on our Website heartify.world, you can cancel your subscription at any time on your account dashboard for managing subscriptions at https://heartify.world/auth/signin. If you delete your account on the Website, your subscription will be automatically canceled. You agree that if you cancel your subscription later than 24 hours after payment, the subscription price will not be refunded.
11.10. If you uninstall the App, your subscription will not stop automatically. You must cancel the automatic renewal of your subscription in order not to be charged with the cost of the new subscription.
11.11. Refunds in the App. Purchases made through the Apple App Store are subject to that App Store's refund policy. This means we don`t have access to your billing information, therefore we cannot grant a refund, so if you are eligible for it, you’ll have to request it directly from Apple by contacting Apple support. Please follow these instructions to request a refund from Apple:
Please note that all fees are charged via third-party payment providers, so a refund must be requested via a payment provider`s system that you used for purchase.
If you purchased a subscription via Stripe, to request a refund please go to https://billing.stripe.com/p/login/3cs7w9awZ6J3dLW7ss.
If you purchased a subscription via PayPal, you may request a refund in your PayPal account at https://www.paypal.com/signin.
We will follow the rules of a payment service provider as prescribed by the terms of service between us and the provider, but we reserve the right to reject your refund request where we are entitled to do so.
11.13. If you are an EU user, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. You may not be eligible for a refund unless the digital content is defective. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU.
11.14. Other charges. You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of the agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have permission from the person that does it before incurring any of these charges.
11.15. By accessing our Services, you agree that your purchase is not conditioned on the future delivery of any features or functionality and is not subject to any representations and warranties. any oral or written disclosures made by us regarding such features or functionality.
11.2. Features and content in the App and on the Website may vary by country, language, version, or device. Subscriptions on the Website may not be available for purchase from some countries.
11.3. Subscriptions. You may subscribe to our premium Services in the App or via the Website. Paid subscriptions within the App are billed via in-app purchase functionality provided by Apple. Subscriptions on the Website are billed via third-party payment systems, such as Stripe and PayPal. You authorize the third-party payment systems and us to charge the applicable fees to the payment card that you submit. Subscriptions continue indefinitely. We automatically bill you for ongoing charges until they are canceled. We explain ongoing fees, payment frequency, and how to cancel before you buy.
11.4. Trial. The subscriptions may include a trial period, where you can experience the Services for a specified period at no cost or at a reduced price (“Trial”). Unless you cancel at least 24 hours before the end of the Trial, you will be automatically charged a price indicated on the payment screen or/and Apple’s payment pop-up screen for a chosen subscription period. Please note that if a Trial is offered, this will be explicitly stated on the price screen before checkout. If this is not the case, you will purchase our subscription without a Trial. Ultimately, it is your responsibility to know when the Trial will end. We reserve the right, in our sole discretion, to modify or terminate any Trial offer, your access to the Services during a Trial period, or any of these terms without notice and without liability. We reserve the right to limit your ability to take advantage of multiple Trials.
11.5. Price. We may, from time to time, make changes to subscriptions` price, content, and structure, including recurring subscription fees. Price changes will take effect at the start of the next subscription period following the date of the price change, and, by continuing to use the relevant subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription before the price change goes into effect.
11..6. Taxes. Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate may be automatically applied based on the account information you provide.
11.7. Renewal and Cancellation. Your payment to us or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period unless you cancel it before the end of the then-current subscription period. To avoid being charged you must affirmatively cancel your subscription or a trial at least 24 hours before the end of the free trial or the current subscription period.
11.8. If you purchased the subscription or enabled Trial on the App Store or via Apple in-app purchase functionality, please, change the subscription settings of your Apple account. Learn more about managing subscriptions (and how to cancel them) on Apple support page.
11.9. If you purchase your subscription on our Website heartify.world, you can cancel your subscription at any time on your account dashboard for managing subscriptions at https://heartify.world/auth/signin. If you delete your account on the Website, your subscription will be automatically canceled. You agree that if you cancel your subscription later than 24 hours after payment, the subscription price will not be refunded.
11.10. If you uninstall the App, your subscription will not stop automatically. You must cancel the automatic renewal of your subscription in order not to be charged with the cost of the new subscription.
11.11. Refunds in the App. Purchases made through the Apple App Store are subject to that App Store's refund policy. This means we don`t have access to your billing information, therefore we cannot grant a refund, so if you are eligible for it, you’ll have to request it directly from Apple by contacting Apple support. Please follow these instructions to request a refund from Apple:
- Sign in to reportaproblem.apple.com.
- Tap or click "I'd like to", then choose "Request a refund".
- Choose the reason why you want a refund, then choose Next.
- Choose the app, subscription or other item, then choose Submit.
Please note that all fees are charged via third-party payment providers, so a refund must be requested via a payment provider`s system that you used for purchase.
If you purchased a subscription via Stripe, to request a refund please go to https://billing.stripe.com/p/login/3cs7w9awZ6J3dLW7ss.
If you purchased a subscription via PayPal, you may request a refund in your PayPal account at https://www.paypal.com/signin.
We will follow the rules of a payment service provider as prescribed by the terms of service between us and the provider, but we reserve the right to reject your refund request where we are entitled to do so.
11.13. If you are an EU user, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. You may not be eligible for a refund unless the digital content is defective. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU.
11.14. Other charges. You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of the agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have permission from the person that does it before incurring any of these charges.
11.15. By accessing our Services, you agree that your purchase is not conditioned on the future delivery of any features or functionality and is not subject to any representations and warranties. any oral or written disclosures made by us regarding such features or functionality.
The App and Website(s) may include features and content that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Heartify is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features or content of the Services.
13.1. Our Services may link you to other sites on the Internet and third parties to provide certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided as is for your convenience only with no warranty, express or implied, for the information provided within them.
13.2. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
13.3. If you have any queries, concerns or complaints about such third-party websites or mobile applications (including, but not limited to, queries, concerns, or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
13.4. You shall not link to our Websites, App, content or Services in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
13.2. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
13.3. If you have any queries, concerns or complaints about such third-party websites or mobile applications (including, but not limited to, queries, concerns, or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
13.4. You shall not link to our Websites, App, content or Services in a way that is: (i) illegal, (ii) suggests any form of association, approval or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.
14.1. YOU AGREE THAT YOUR USE OF THE WEBSITE(S), APP AND OUR SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP AND THE WEBSITE HEARTIFY.WORLD ARE PROVIDED “AS IS”, AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE ERRORS OMISSION, AVAILABILITY, TECHNICAL COMPATIBILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER HEARTIFY LLC, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANT, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE WEBSITES AND APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE THE WEBSITES AND APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE WEBSITES AND APP WILL MEET YOUR REQUIREMENTS, OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY US OR THIRD PARTIES ON OR THROUGH THE WEBSITES AND APP, INCLUDING IN THE BLOG OR OTHER PUBLIC AREAS IN THE WEBSITE(S) OR APP. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14.2. We do not give you any guarantee for the proper functionality of the App, however, if you believe that our App has not met your expectations, you may request a refund by following instructions set out in Section 11 of this Agreement.
14.3. Our Services and the App cannot and do not guarantee health-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided in the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
14.2. We do not give you any guarantee for the proper functionality of the App, however, if you believe that our App has not met your expectations, you may request a refund by following instructions set out in Section 11 of this Agreement.
14.3. Our Services and the App cannot and do not guarantee health-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided in the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.
15.1. IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES (INCLUDING BUT NOT LIMITED TO LOSS OF USE OR LOSS OF DATA), EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF OUR SERVICES IN ANY COUNTRY. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO HEARTIFY LLC FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HEARTIFY LLC, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15.2. PROVISIONS IN THIS SECTION ARE APPLICABLE TO THE WEBSITE(S) TO THE SAME EXTENT AS TO THE APP AND OTHER SERVICES WE PROVIDE.
15.3. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE COMMUNICATIONS DECENCY ACT OF 1996), HEARTIFY LLC DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE INFORMATION, LINKS, AND MATERIALS POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.
15.2. PROVISIONS IN THIS SECTION ARE APPLICABLE TO THE WEBSITE(S) TO THE SAME EXTENT AS TO THE APP AND OTHER SERVICES WE PROVIDE.
15.3. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE COMMUNICATIONS DECENCY ACT OF 1996), HEARTIFY LLC DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE INFORMATION, LINKS, AND MATERIALS POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.
16.1. The software that supports the App may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
16.2. You must represent and warrant that (i) you are not located in 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
16.3. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from us under this Agreement of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
16.4. We reserve the right to restrict access to our Websites or some features of our Services in any geographical area at our own discretion.
16.2. You must represent and warrant that (i) you are not located in 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
16.3. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from us under this Agreement of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
16.4. We reserve the right to restrict access to our Websites or some features of our Services in any geographical area at our own discretion.
17.1. Pre-judicial disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
17.2. Mandatory Arbitration of Disputes. You and Heartify agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Heartify agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Heartify are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
17.3. Exceptions. We both may seek to resolve a Dispute in local court if it qualifies; and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
17.4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778- 7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
17.5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
17.6. Injunctive and Declaratory Relief. Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
17.7. Class Action Waiver. YOU AND HEARTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then entire Section 17 shall be null and void.
17.2. Mandatory Arbitration of Disputes. You and Heartify agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Heartify agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Heartify are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
17.3. Exceptions. We both may seek to resolve a Dispute in local court if it qualifies; and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
17.4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778- 7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
17.5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
17.6. Injunctive and Declaratory Relief. Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
17.7. Class Action Waiver. YOU AND HEARTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then entire Section 17 shall be null and void.
You agree to indemnify and hold Heartify, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, or (iii) your violation of this Agreement. Heartify reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Heartify. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
19.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, USA.
19.2. We make no representations that the App is appropriate or available for use in other locations. Those who access or use Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
19.3. If you choose to access or use the App and/or the Website(s) from or in locations outside of the United States, you are responsible for:
a) ensuring that what you are doing in that country is legal; and
b) your consequences and compliance with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits, and authorizations.
19.4. To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of the USA to settle any disputes which may arise out of or in connection with this Agreement and that accordingly proceedings must be brought in such courts. The parties irrevocably waive any defenses of improper venue or forum non-convenience.
19.5. Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of this Agreement by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement.
19.6. If you are a resident of the EU: Nothing in this Agreement shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
19.7. If you have a complaint, please contact us at support@heartify.io. If you feel your complaint is not adequately addressed you may – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. Other than as set out in the Agreement, Heartify does not participate in any alternative dispute resolution scheme.
19.8. You may bring any dispute that may arise under this Agreement to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. Heartify shall bring any dispute which may arise under this Agreement to the competent court of your country of habitual residence. You agree that the Services, Agreement, and any dispute between you and Heartify shall be governed in all respects by laws of the republic of Cyprus, without regard to choice of law provisions.
19.2. We make no representations that the App is appropriate or available for use in other locations. Those who access or use Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
19.3. If you choose to access or use the App and/or the Website(s) from or in locations outside of the United States, you are responsible for:
a) ensuring that what you are doing in that country is legal; and
b) your consequences and compliance with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits, and authorizations.
19.4. To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of the USA to settle any disputes which may arise out of or in connection with this Agreement and that accordingly proceedings must be brought in such courts. The parties irrevocably waive any defenses of improper venue or forum non-convenience.
19.5. Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of this Agreement by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this Agreement.
19.6. If you are a resident of the EU: Nothing in this Agreement shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
19.7. If you have a complaint, please contact us at support@heartify.io. If you feel your complaint is not adequately addressed you may – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. Other than as set out in the Agreement, Heartify does not participate in any alternative dispute resolution scheme.
19.8. You may bring any dispute that may arise under this Agreement to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. Heartify shall bring any dispute which may arise under this Agreement to the competent court of your country of habitual residence. You agree that the Services, Agreement, and any dispute between you and Heartify shall be governed in all respects by laws of the republic of Cyprus, without regard to choice of law provisions.
20.1. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the App and/or Website(s) by contacting us and providing the following information:
1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
2) Identify the material you believe is infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3) Your name, address, telephone number and (if available) e-mail address.
4) A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
5) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
6) A signature or the electronic equivalent from the copyright holder or authorised representative.
20.2. We will review and respond to your inquiry within 30 (thirty) calendar days.
1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
2) Identify the material you believe is infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3) Your name, address, telephone number and (if available) e-mail address.
4) A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
5) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
6) A signature or the electronic equivalent from the copyright holder or authorised representative.
20.2. We will review and respond to your inquiry within 30 (thirty) calendar days.
We reserve the right, at our sole discretion, to modify this Agreement from time to time. We will keep you informed about any changes by updating this Agreement. We will notify through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. We ask you to review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date the revised Agreement is posted or once you have been notified of the modifications where applicable.
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App. We may also block your access to our Services or take other measures that we deem appropriate at our sole discretion if you breach the provisions herein.
Upon termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App. We may also block your access to our Services or take other measures that we deem appropriate at our sole discretion if you breach the provisions herein.
If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be read down to become illegal, invalid, or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
24.1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Heartify of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
24.2. We may transfer or assign any and all of our rights and obligations under this Agreement to any other person, by any way, including by novation, and by accepting this Agreement you give us consent to any such assignment and transfer. You confirm that placing on the Services of a version of this Agreement indicating another person as a party to this Agreement shall constitute valid notice to you of the transfer of Heartify's rights and obligations under this Agreement (unless otherwise is expressly indicated).
24.3. You shall not assign, transfer, or purport to assign or transfer the contract between you and us to any other person.
24.4. All information communicated on the Services is considered an electronic communication. When you communicate with us through or on the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "CREATE ACCOUNT", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
24.5. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
24.2. We may transfer or assign any and all of our rights and obligations under this Agreement to any other person, by any way, including by novation, and by accepting this Agreement you give us consent to any such assignment and transfer. You confirm that placing on the Services of a version of this Agreement indicating another person as a party to this Agreement shall constitute valid notice to you of the transfer of Heartify's rights and obligations under this Agreement (unless otherwise is expressly indicated).
24.3. You shall not assign, transfer, or purport to assign or transfer the contract between you and us to any other person.
24.4. All information communicated on the Services is considered an electronic communication. When you communicate with us through or on the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "CREATE ACCOUNT", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
24.5. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
If you want to submit a support request or have questions about this Agreement or the Services, please contact us via our email support@heartify.io.