Terms Of Use

This Terms of Use and End User License Agreement (collectively, the Agreement), together with all the documents referred to it constitute a legally binding agreement made between you as a natural person ("you", "your" or "user") and Heartify LLC ("we", "us" or "our"), concerning your access to and use of Stress Monitor (“App”) and its provided functionality, hereinafter collectively referred to as “Services”. The App's title may vary in countries other than the U.S. and is subject to change without specific notice.

All the documents that relate to the App are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you download, install or use the App.

It is important that you read and understand this Agreement as by downloading, installing, or using the App, you indicate that you have read, understood, agreed, and accepted the Agreement, which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.

If you do not agree with (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, download, install, or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.

This Agreement is not concluded with Apple, Inc., its subsidiaries, or any other entity as may apply. However, Apple may enforce these Terms as a third-party beneficiary.

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 you by email, 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.

You are solely responsible for your health. The App is offered for educational and general informational purposes only, and in no way intends 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. It isn`t designed as an instrument for diagnosing and/or treating any mental health condition. If knowing your physical stress rate is critical to your health, you need to have your indicators taken by a medical professional.

HEARTIFY LLC IS NOT A LICENSED MEDICAL CARE PROVIDER. NOTHING WITHIN THE SERVICES PROVIDED BY THE APP 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.

WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, 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.

To download, install, access, or use the App, you must be sixteen (16) years or older.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) 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 eighteen (18) years and you wish to use, download, install, access the App, 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.

Parents and guardians must directly supervise any use of the App by minors.

Any person under the age of thirteen (13) years is not permitted to use our App.

You affirm that you are either more than eighteen 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and 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.

Our App contains information about different health matters, fitness, and well-being. It offers a physical stress monitor, which uses the camera and its flash to determine your stress level based on heart rate and heart rate variability indicators. The App is designed to provide you with various information regarding your stress level 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/us/app/stress-monitor-by-heartify/id6463748948.

The App is intended only for your personal, non-commercial use. You shall use the App only for the purposes mentioned above.
We reserve the right to change, expand, and improve the App, 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. 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 or selectively disable certain features of the App or cease providing any other Service partly or in full. Your use of the App does not entitle you to the continued provision or availability of the App. 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.

Though we do our best to give you credible and verified information only, please note that your use of our App is always subject to our medical and liability disclaimers, as we are not a healthcare organization, and you are solely resposnible for your health.

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy for you to understand how we process, use, and store information, including personal data. Access to the App and use of the Services is subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as the appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App. Please read our Privacy Policy carefully.

By using our App, you undertake to respect our intellectual property rights (intellectual property rights related to the App's source code, UI/UX design, Services` content material, copyright, and trademarks) as well as those owned by third parties.

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to download, access, and use the App pursuant to this Agreement.

You are bound to respect the copyrighted material within the Services, you cannot sell texts, pictures, or videos available in the App.

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.

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.

All rights, title, and interest in and to the App and its 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.

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.

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, 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, Works, and Intellectual Property are retained by us and/or our partners and/or contracted third parties, as the case may be.

We are not responsible for the way you use the App. If you submit a post, you are solely responsible for your 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 for any purpose prohibited by this Agreement.

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 App to provide any kind of services to third parties;
• modify any file or any other part of the App that we do not specifically authorize you to modify;
• copy, download, or store any content, files, feeds, or data from the App, 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 can show ‘fair dealing’ with it, in each case following the applicable law (this provision doesn`t apply to User Content allowed to share by the functionality of the App);
• use any robot, spider, or other automated device or process to access the App 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 App, the server on which our App is hosted, or any server, computer, or database connected to our App. 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 App shall immediately and automatically cease;
• attempt to avoid or undermine any protections we put in place for the security and operation of the 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 App or otherwise discredit it, the App`s users, third parties, and/or Heartify LLC or any of our products and services, employees, subcontractors, representatives, or affiliates.

Unless you have requested and received our prior written consent or unless expressly permitted in this Agreement, you must not:

(a) copy our App except as part of the normal use of the App or where it is necessary for creating a backup or operational security;
(b) modify or translate our App in whole or in part, or combine or merge our App with any other object code or program;
(c) 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 disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it to in accordance with applicable law; and
— 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;
(d) 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 your right to use our App, including under paid subscription;
(e) modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from any documentation concerning the App;
(f) 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 App;
(g) incorporate our App into another service or website or make it available via framing or mirrors;
(h) extract any data or metadata from our App nor create any index or database incorporating any part of it;
(i) circumvent, disable or otherwise interfere with security-related features of our App or features that:
— prevent or restrict the use or copying of any part of our App; or
— enforce limitations on the use of our Apps;
(j) do anything that may cause damage to our App;
(k) use our App in any manner not expressly authorized by this Agreement.

Without prejudice to our rights and remedies, we reserve the right to promptly disable your login details and suspend your access to the App, if, in our reasonable opinion, we believe that you have breached any of the provisions of this Agreement.

It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

In addition to your right to use sharing functionality of the App, you may occasionally print the 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.

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 discretion. You agree to authorize us to use such contents for free, and revise, modify, adjust, and change it contextually, or make any other changes, in each case as we deem appropriate.

The App may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in physical activity. Heartify LLC 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 of the App.

To use the App, you must have a compatible mobile phone or tablet, and internet access.

The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 14.0 or later.

We do not warrant that the App will be compatible with all hardware and software which you may use. We make no warranty that your access to the App will be uninterrupted, timely, or error-free.

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.

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 noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.
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.
If you decide not to use the App for any reason, you should uninstall the App.

The App is available for download on a free basis.

Subscriptions. We may offer paid subscriptions within the App billed via in-app purchase functionality. Details of each type of subscription and its cost are detailed on the App. The subscriptions may include a trial period, where you can experience the App for a specified period at no cost or 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. If you purchase premium subscriptions or services through a third party, separate terms and conditions of such third party may apply in addition to this Agreement. Please contact the third party regarding any refunds or to manage your subscription.

Price. We may change 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.

Taxes. Tax rates or other fees are based on the rates applicable at your monthly charge. These amounts can change with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Renewal and Cancellation. Your payment will automatically renew at the end of the applicable subscription period unless you cancel it before the end of the then-current subscription period. You must cancel your subscription or Trial before it renews to avoid the billing of the fees for the next subscription period.

To change or cancel the subscription, you may change the subscription settings of your Apple Account. Learn more about managing subscriptions (and how to cancel them) on the Apple support page. if you are eligible for a refund, you’ll have to request it directly from Apple.

If you uninstall the App, your subscription will not stop automatically. You must cancel the automatic renewal of your subscription not to be charged with the cost of the new subscription.

Other charges. Your communications service provider may charge you 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.

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.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

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.

You shall not link to our 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.

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS”, AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE MERCHANTABILITY, TECHNICAL COMPATIBILITY TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED UNDER 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 WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE 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 APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS; OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES IN OR THROUGH THE APP, INCLUDING IN THE BLOG OR OTHER PUBLIC AREAS IN THE APP. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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 notify Apple, and Apple may refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

Our Services and the App can not guarantee health-related or lifestyle improvements or outcomes. Your use of the App and any information, predictions, or suggestions provided in the App is 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.

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.

You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or the U.S. Government has designated that as a terrorist-supporting country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

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 thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.

You acknowledge and agree that Apple and Apple's subsidiaries are the third-party beneficiaries of the present Agreement, and that upon your acceptance of the 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.

This Agreement shall be governed by and construed under the laws of the State of Massachusetts, USA.

We make no representations that the App is appropriate or available for use in other locations. Those who access or use App from other jurisdictions do so voluntarily and are responsible for compliance with local law.

If you choose to access or use the App 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) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits, and authorizations.

Any claims shall be exclusively decided by courts of competent jurisdiction in Boston, the State of Massachusetts, USA, and that applicable Federal law shall govern, without regard to choice of law principles.

If you ever wish to seek relief from us, you agree to waive the ability to pursue a class action.

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.

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.

If you believe any materials accessible on or from the App infringe your copyright, you may request the removal of those materials (or access thereto) from the App 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 authorized version.
2. Identification of the material that you believe to be 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 (if available), and e-mail address.
4. A statement that you have a good faith belief that the complained use of the materials is not authorized 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 authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

We will review and respond to your inquiry within 30 (thirty) calendar days.

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 App or take other measures that we deem appropriate at our sole discretion in case you are in breach of 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.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

If you want to submit a support request or have any questions about this Agreement or the Services, please contact us via our email stress@heartify.io