Effective Date (Last Updated): 9.27.2022
These Terms and Conditions constitute a legally binding agreement made between you, whether personally (“you”) and HeartScan (“HeartScan,” “we,” “us” or “our”), concerning access to and use of HeartScan mobile application (the “App”). You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will notify you about any changes by updating the “Last Updated” (“Effective Date”) date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the App after the date such revised Terms and Conditions are posted.
PLEASE NOTE! THE APP DOES NOT PROVIDE MEDICAL OR RELATED ADVICE.
This App is not medical software, and use of the App by medical personnel should be based on the sole responsibility of such personnel to assume all risks and consequences of such use.
The information, including but not limited to, text, graphics, images, and other, material contained on the App is for informational purposes only. No material on this App is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, cardiologist, or other qualified health care provider with any questions you may have regarding a medical condition or treatment, and never disregard professional medical advice or delay in seeking it because of something you have read on the App. Do not use the App as a substitute for treatment or professional advice. You are solely responsible for your use of the App.
If you’re having suicidal thoughts, call your local support service to talk to a skilled, trained counselor at a crisis center in your area at any time. If you are in crisis or you think you may have an emergency, call your doctor or call your local emergency line immediately.
The App is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the App.
The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
In some cases to use the App, you must have access to the Internet, either directly or through devices that access web-based content, and you must pay any fees associated with Internet access. Also, you must provide all equipment necessary to make such a connection to the Internet, including a web-enabled device.
You are required to securely access the App on your mobile device by using your passcode, on-device biometric, or other device security method. You are responsible for following good security practices (e.g., using strong passwords, not sharing your login credentials, and not sharing your device with others) to keep your device and information secure. Similarly, you are responsible for protecting the login credentials of your healthcare providers (if you use these services and share the Content with these services). If you suspect anyone has unauthorized access to your health care providers’ systems, you must notify your health care provider immediately.
Optionally, you may register your personal account with the App. In this case, you agree to keep your password confidential and will be responsible for all use of your account and password.
By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the App through automated means, whether through a bot, script or otherwise; (6) you will not use the App for any illegal or unauthorized purpose; and (7) your use of the App will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
The App may include certain communications from us, such as feature announcements, and administrative messages.
You may not access the App by any means other than through the App interfaces we provide you.
HeartScan does not claim ownership of your data and files, except that you voluntarily assign them to us for research and app development purposes.
Unless otherwise indicated, the App is our proprietary property and all source code, databases, ML models, functionality, software, UI designs, audio, video, text, charts, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (collectively, the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and other intellectual property rights and unfair competition laws, and international conventions and agreements. The Content and the Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, or transmitted, without our express prior written permission.
Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve the rights not expressly granted to you in and to the App, the Content, and the Marks.
Fees. The user agrees to pay the fees as outlined in the App (the “Fees”) on a monthly, or yearly basis (“Subscription”) or one-time purchase. Subscription commences on these purchases and will continue until terminated.
Users must choose the relevant option in the menu and complete the purchase.
All payments are independently processed through third-party services. Therefore, the App does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fails or is refused by the payment service provider, HeartScan shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the user.
Information related to accepted payment methods is made available during the purchasing process.
HeartScan reserves the right to make a reasonable increase in prices with one (1) month advance notification.
Taxes. Fees do not include sales, use, withholding, value-added or other taxes or duties. The user agrees to pay all applicable taxes, public fees, duties, deductions, or withholding for which HeartScan is required to pay any such taxes or duties assessed against it unless the user provides HeartScan on time with a valid certificate of exemption or other evidence that are not taxable.
No Refunds. All fees are non-refundable, except for those required by applicable law, but you can cancel at any time your subscriptions.
ANY TRIAL, PROMOTION, OR TEMPORARY SUBSCRIPTION (“TRIAL”) THAT PROVIDES FULL OR PARTIAL SUBSCRIPTION ACCESS TO THE APP AND SERVICES IS MADE AVAILABLE ONLY TO INDIVIDUALS 18 YEARS OF AGE OR OVER, UNLESS OTHERWISE EXPLICITLY STATED, WITHIN THE SPECIFIED TIME PERIOD (“TRIAL PERIOD). TRIALS ARE ONLY FOR THE TRIAL SUBSCRIBER’S PERSONAL USE, AND MAY NOT BE SHARED OR RESOLD. YOU MAY BE REQUIRED TO PROVIDE YOUR CREDIT CARD INFORMATION WHEN REGISTERING FOR THE TRIAL OR OTHERWISE DURING THE TRIAL. SUBSCRIPTION FEES SHALL BE WAIVED OR DISCOUNTED DURING THE TRIAL PERIOD IN ACCORDANCE WITH THE ASSOCIATED OFFER.
FOR TRIALS THAT CONVERT TO PAID SUBSCRIPTIONS AT THE END OF THE TRIAL, IF YOU DO NOT WISH TO CONTINUE AS A PAID SUBSCRIBER, YOU MUST CANCEL YOUR TRIAL SUBSCRIPTION BEFORE THE END OF THE TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED THE SUBSCRIPTION FEE.
HERE IS THE INSTRUCTION ON HOW TO CANCEL YOUR TRIAL OR SUBSCRIPTION:
We welcome your feedback. Feedback submitted through the App or app marketplaces (App Store, Google Play, etc.) is non-confidential and becomes the sole property of HeartScan. We own the intellectual property rights in and to such feedback and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment to you.
HeartScan may provide you with support of the App via chat or email. This support is limited and is intended to fix bugs or problems encountered by the user within the existing functionality of the App within the resources available to HeartScan. In case of insufficient resources, all requests of users are handled on a first-come, first-served basis.
The provision of support does not oblige HeartScan to expand the functionality at the user’s request.
You may not access or use the App for any purposes other than that for which we make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the App, you agree not to:
We retain the right to terminate access to the App for the user who has violated any of the above prohibitions and these Terms.
We may suspend, modify, or terminate your access to the App at our discretion without cause or notice to you. However, if we plan to temporarily or permanently discontinue the App for reasons other than your violation of these Terms, we will make reasonable efforts to notify you beforehand, such as by posting a notice via the App or email.
Under no circumstances (including but not limited to any act or omission on the part of HeartScan) will HeartScan or its affiliates be liable for any indirect, incidental, special, and/or consequential damages or loss of profits whatsoever that result from any use or access of, or any inability to use or access, the App or any Content. You expressly acknowledge and agree that HeartScan does not exert control over users and visitors of the App and is not liable either for their opinions or their behavior, including any information and/or advice and any defamatory statements or offensive conduct.
Our App is not a medical, health, or psychological service provider. HeartScan is a private publishing App with some information and guidance, based on a machine learning model. We are not responsible for your physical and/or mental health.
We have made every possible effort to make sure the provided material is right and accurate. We do not, however, guarantee the completeness or precision of the information, also, are not responsible for any mistakes, omissions, or inaccuracies. All of the content is for informative purposes only and it is not binding in any way.
All available Content in the App is a general information purposes only. We strive to keep the information up to date, correct, and full, but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Content used. Using the Content or its results does not constitute professional advice or consultancy and is intended solely to inform our users, you understand and agree that the Content may not be relevant to you and you use it at your own discretion and you are personally responsible for the results. We are not responsible for any loss (including but not limited to indirect or consequential loss or damage, loss of potential earnings, or opportunities) associated with the use of the Content, to achieve the goals or expectations that you set for yourself with the App and Content using. We recommend that you seek professional advice before using the App and Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
You agree to indemnify and hold harmless HeartScan, our contractors, service providers, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the App and Content, including but not limited to your violation of these Terms.
To ensure the best possible service level, HeartScan reserves the right to interrupt services for maintenance, system updates, or any other changes, informing the users appropriately.
THE USER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY OUTLINED IN THESE TERMS, HeartScan HAS NO MADE ANY REPRESENTATION OR WARRANTY TO THE USER REGARDING THE APP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HeartScan DISCLAIMS ANY IMPLIED WARRANTY FOR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY, CAPACITY, OR TECHNICAL COMPATIBILITY OF THE APP OR FITNESS OF THE APP FOR A PARTICULAR PURPOSE. USER AGREES THAT HeartScan WILL NOT LIABLE FOR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF USE OR INABILITY TO USE THE APP WHETHER SUCH DAMAGES ARE BASED UPON CONTRACT, TORT, INTENTIONAL CONDUCT, EQUITY OR UNDER SOME OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN TO OR WAS FORESEEABLE BY HeartScan AND WHETHER SUCH DAMAGES ARE ASSERTED BY USER OR SOME THIRD PARTY. THE USER FURTHER ACKNOWLEDGES THAT HeartScan’S MAXIMUM AGGREGATE LIABILITY TO THE USER UNDER ANY LEGAL THEORY (INCLUDING ITS OWN NEGLIGENCE) FOR DAMAGES THAT ARISE DIRECTLY OR INDIRECTLY FROM THE USE OR INABILITY TO USE THE APP WILL NOT, IN ANY EVENT, EXCEED USD 100 OR AN AMOUNT EQUAL TO THE FEE PAID BY USER TO HeartScan FOR THIS AGREEMENT (DEPENDING ON WHICH IS LESS).
HeartScan is not responsible for defects caused by changes or issues resulting from third-party hardware, software, services, tools, or applications it does not have direct control over, including but not limited to: hardware, operating systems, software programs, plug-ins, extensions, applets, newly discovered vulnerabilities, scripts, or other items.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT.
By using the App, you agree that the exclusions and limitations of liability set out in the App disclaimer are reasonable. If you do not think they are reasonable, you must not use the App.
However, regardless of the above, if the user qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, much higher standards shall prevail.
If you are dissatisfied with the App and available services, your sole and exclusive remedy is to stop using the App and cancel your Subscription (if applicable).
These Terms are governed by the law of the Republic of Poland without regard to conflict of laws principles.
If you seek to file a legal claim against us, you agree to file and resolve it exclusively in courts located in Warsaw, Poland.
You agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to the use of our App or these Terms must be filed within the applicable statute of limitations or if earlier, one year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
No waiver of any term of these Terms will be binding unless, in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of HeartScan to exercise or enforce any right or remedy in these Terms does not waive that right or remedy.
HeartScan may transfer, sub-contract, or otherwise deal with HeartScan’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms.
The parties (you and HeartScan) shall be independent parties under these Terms, and nothing herein will constitute either party as the employer, employee, agent, or representative of the other party, or both parties as joint ventures or partners for any purpose.
We rely on your continued observance of these Terms. If HeartScan suffers any loss or damage or incurs any costs in connection with any breach of these Terms or any other legal obligation then you agree to indemnify HeartScan for those losses, damages, and costs.
Certain territorial restrictions may apply to your use of our App. Our App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Anyone using or accessing our App does so on their initiative and is responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of our App to any person, geographic area, or jurisdiction, at any time and at our sole discretion.
In case you have questions, about our App or these Terms you can contact us by forwarding an email to firstname.lastname@example.org.