Terms of Use
Last updated January 1st, 2021
CardiacSense Ltd. (“CardiacSense” or the “Company”) engages in developing a wearable technology for continuous cardiac arrhythmia detection and non-inflating blood pressure monitoring (the “Device”), which is supported by an online and mobile application for iPhone and Android users (the “Application”) which allows additional functionalities to be used and data collected by the device to be stored (“Service”).
The use of the Application and the website www.cardiacsense.com (the “Website”) are subject to these terms (the “Terms of Use”), which should be read carefully by you (“User” or “You”). These Terms incorporate our Privacy Policy and by agreeing to these Terms, You confirm that you also accept and agree to our Privacy Policy (You can review our Privacy Policy in the following link https://www.cardiacsense.com/services_privacy_policy/. If you do not agree with any of these terms you may not use the Application or the Website. The use of the Device is also subject to the EULA and the Device Instructions For Use (IFU)provided with the Device https://www.cardiacsense.com/user_manual/
1. Definitions
“Account” shall mean a personal account opened by a User via the Application in connection with the use of the Device.
“User” shall mean any individual who opens an Account with the Company.
“We”, “Our” or “Us” shall mean the Company, and/or any subsidiaries, shareholders, affiliates, employees, directors, officers, agents, consultants, suppliers and contractors of the Company.
“You” or “Your” shall mean any User on the Application.
2. Eligibility
Using the Device and the Services is permitted solely if You comply with all of the following:
• You are a natural person;
• You must be at least 18 years old;
• You do not violate any law or regulation as a result of using the Services, or as a result of participation in any other activity offered by the Application or the Device.
The use of some of the Services and features of the Application requires registration. You register to the Application by registering your email.
You shall be fully and solely responsible to reserve in confidentiality Your Account and not to transfer your Account details to another. The full responsibility for an unauthorized use of Your Account lies solely with You.
By opening an Account, You further represent, warrant, acknowledge and undertake, that (i) Your Account is for Your personal use only and not on behalf of any third party, and that You may only open a single Account on the Application; (ii) the use of multiple accounts or allowing another person to use the Device and the account will render the data collected useless and will not enable you to use the functionalities of the Application; (iii) You are at least 18 years old (iv) You have read and understood the Medical Advise disclaimer; (v) the Company may at its sole discretion, open, maintain and/or close Your Account; and (vi) You shall be solely responsible for maintaining the confidentiality of Your Account, and for any and all actions taken in connection with Your Account.
3. Medical Advice Disclaimer
Any information made available through the Service is not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. All content, including text, graphics, images, and information, contained on or available through the Service is for general information purposes only. CardiacSense makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Service. You are encouraged to confirm any information obtained from or through the Service with other sources and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
The Device is used mainly to provide helpful and accurate information regarding certain vital signs and is not intended to diagnose, treat, or prevent any medical condition.
Please note that if you have any medical conditions, or you are uncertain whether you can engage in any physical exercise, you should consult your doctor prior to the use of the Device and/or Application.
The Company is not responsible for any health problems, damage or injury that may result from using the Device and/or the Application.
4. Privacy
We respect and care about your privacy. Information about our data collection and retention policies when you use our Services are provided in the Privacy Policy https://www.cardiacsense.com/services_privacy_policy/
5. Sharing Information from your Device or Application
You may share event reports generated by the Device directly from your mobile application to a third party. Such report will only record the current reading of your vital signs collected by the Device.
Your Device has limited storage capacity. Please refer to the IFU for information as to the storage capacity of Your Device.
In order to prevent any loss of data collected by the Device, we encourage you to sync your device with the Application at least every 24 hours.
When subscribing to the CardiacSense cloud services all your historic data collected by the Device once it is synced with the Application will be stored in the cloud. From there it can be shared with third parties.
6. Subscription
The use of certain functionalities of the Services, including the Cloud Services, may be subject to payment. Subscription pricing can be viewed by clicking the Subscription button in the cloud portal. https://www.cardiacsense.com/patients/login/
For the removal of doubt, the Device can be used as a standalone Device, however, without the Application you will not be able to store your historical data or enjoy the additional functionalities offered therein.
7. Operation of the Device and Warranty
For information for the operation of the Device and applicable warranty please refer to the EULA and the User Manual https://www.cardiacsense.com/user_manual/
8. Limitation of Liability
THE DEVICE, APPLICATION AND SERVICES ARE PROVIDED “AS IS”, AND WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE). To the fullest extent permitted by law, the Company disclaims all warranties, explicit or implied, in connection with the Website and the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness
We shall not be responsible or liable to You in the event of (a) systems or communications errors, bugs or viruses relating to the Services and/or Your Account or which will result in damage to Your hardware and/or software and/or data; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and/or the Services; (c) any unauthorized access to or use of the Company’s secure servers and/or any and all personal information and/or financial information stored therein; (d) any interruption or cessation of transmission to or from the Website or the Application; (e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website or the Application or the Device by any third party; or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content emailed, submitted, transmitted, or otherwise made available via the Services.
In no event shall We be liable for any direct, indirect, incidental, special or consequential damages or damages for loss of profits, revenue, data or use incurred by You or any third party, whether in an action for contract, tort or any other legal theory, arising from the access to, or use of, the Application, the Services or otherwise, regardless of whether We have been informed of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Company is not responsible for any problems or technical malfunction of any telephone or network lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the internet (or inaccessibility of the internet) or cellular communications providers which may prevent or limit the use of the Services.
9. Links
The Services may provide links to websites and/or applications of third parties. Such Links to a site or sites is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or its providers. We have not reviewed any or all of such Links or sites and are not responsible for any of the content of those sites. Links to these websites are provided solely for your convenience, and you agree that under no circumstances will you hold us liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites. This Terms of Use does not apply to any actions taken via such websites and/or applications and Your decisions regard the use of them are at Your own risk.
10. Intellectual Property
The Company retains all rights in and to the Website, Application and the Services, their content, products and services, including but not limited to, copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, applications, information and other material available on the Website or via the Application or Device (collectively, “IP Materials”). The entire contents of the Website and the Services are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
The Company and/or its affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the IP Materials. You hereby acknowledge that you do not acquire any rights in the IP Materials by using the Website or the Services, or by accessing any of the IP Materials, or rights to any derivative works thereof.
You shall not, nor shall you allow any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website or the Services pursuant to the Terms or otherwise exploit any of the IP Materials without the Company’s explicit, prior written permission. Any reproduction or redistribution of materials not in accordance with the Terms is explicitly prohibited and may result in the termination of the Terms as well as severe civil and criminal penalties.
The Company grants to You a personal, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services solely for your personal non-commercial entertainment purposes. No other use of the Application is authorized.
11. User Conduct
You agree not to access or attempt to access the Website and/or Services and/or User Account by any means other than the interface provided by the Company or circumvent any access or use restrictions put into place by the Company to prevent certain uses of the Website and/or Services and/or User Account.
You agree to use the Website and/or Services and/or User Account in good faith and in accordance with these Terms and not to use, or to encourage others or permit others to use, the Website and/or Services and/or User Account to:
i. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
ii. access or use the Website and/or Services in any manner that could damage, disable, overburden, or impair any of the Company’s server or the networks connected to any of the Company’s server;
iii. intentionally or unintentionally interfere with or disrupt the Website and/or Services or violate any laws related to the access to or use of the Website and/or Services, violate any requirements, procedures, policies, or regulations of networks connected to the Website and/or Services, or engage in any activity prohibited by these Terms;
iv. disrupt or interfere with the security of, or otherwise cause harm to, the Website, the Services, User Account, passwords, servers, or networks connected to or accessible through the Website and/or Services and/or User Account or any affiliated or linked sites;
v. disrupt, interfere with, or inhibit any other user from using and enjoying the Website and/or Services;
vi. reproduce, sell, trade, resell or exploit for any commercial purpose, any use of the Website and/or Services and/or User Account, or access to the Website and/or use of the Services and/or User Account;
vii. defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
viii. engage in any other conduct which, in the Company’s sole discretion, is considered inappropriate, unauthorized or objectionable;
ix. use any automated methods or tools to crawl, robot, scrape, spider or otherwise monitor or extract data from any part of the Website and/or Services and/or User Account without our express prior written permission (we may use robot exclusion headers within the Website and you agree to comply with any such headers);
x. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any of the source code or underlying ideas or algorithms of any part of the Website and/or Services and/or User Account, except to the limited extent that applicable laws specifically prohibit such restrictions;
xi. post or send any unauthorized or unsolicited advertising, promotional materials, marketing email or spam;
xii. forge any TCP/IP packet header or any part of the header information in any email or posting, deceptive or false source-identifying information;
xiii. mirror or frame any part of the Website and/or Services and/or User Account on any other website;
xiv. use any meta-tags or other hidden text or metadata containing any of the Company’s Trademark, Materials, URL or name without our express prior written permission;
xv. use any of the Company’s Trademark, Materials, URL, name or logo in any way that incorrectly suggests our affiliation with or endorsement of any person, entity or service; or use any other trademarks, service marks, trade dress, designs or logos that are confusingly similar to any of the Company’s Trademark, Materials, name or logo or to the look and feel of the Services and/or User Account; or
xvi. assist or encourage any third party to do any of the above activities prohibited in this section or to otherwise violate any term of these Terms of Use or the Privacy Policy.
In addition, you agree to comply with all applicable laws, regulations, and ordinances as a condition of use of the Website and Services.
You agree not to use the Website and/or Services and/or User Account for any unlawful activity and the Company reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, the Company reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
12. Miscellaneous
These Terms of Use and the relationship between You and the Company shall be governed by, and construed and interpreted in accordance with the laws of the State of Israel, without reference to its conflict of laws principles and the competent courts of Tel-Aviv, Israel shall have exclusive jurisdiction with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms of Use, the Application and/or the Services.
The Company is entitled to amend these Terms of Use at any time, and to do so according to its absolute and exclusive discretion. Such changes will be posted on the Application and will enter into effect upon such posting or any later date as stated by the Company.
The Company may transfer or assign any and all of its rights and obligations hereunder to any third party. Without derogating from the above, the Application and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under this Terms of Use.
We may provide You with notices with respect to or in connection with this Terms of Use in an Email and/or through the Application.
No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.