Last updated July 24th, 2023
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 Device is also subject to the terms detailed in the Device Manual provided with the Device (the “Device Manual”)
“Account” shall mean either (i) a personal account opened by an Individual User (“Individual Account”) or (ii) a professional account opened by a Physician (“Physician Account”), via the Platforms.
“Physician” shall mean a physician who opened a Physician Account.
“Individual User” shall mean any individual who uses the Device and opens an Individual Account with the Company in connection with the individual’s use of the Device.
“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” refers to any User on the Platforms.
“User” shall mean either Individual User or Physician
- User 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 Platforms or the Device.
The use of some of the Services and features of the Platforms requires registration. You register to the Platforms 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 Platforms; (ii) the use of multiple accounts or allowing another person to use the Device or the Account will render the data collected useless and will not enable You to use the functionalities of the Platforms and Services; (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.
- Physician Account Eligibility
By opening a Physician’s Account, You represent, warrant, acknowledge and undertake, that (i) You are a certified Physician; (ii) your use of the Physician Account is for professional use only; (iii) You have read and understood the Medical Advise Disclaimer; (iv) the Company may at its sole discretion, open, maintain and/or close Your Physician Account; and (v) You shall be solely responsible for maintaining the confidentiality of Your Physician Account, and not to transfer Your Physician Account details to another. The full responsibility for an unauthorized use of Your Account lies solely with You.
Physician Account is intended to allow Physicians to easily access and view the data collected from their patients who use the Device.
When opening a Physician Account, the Physician will be granted with a Physician unique registration code to be shared with Individual Users based on the Physician choice. On the Physician Account, the Physician shall have access to all the Individual Users who the Physician connected to the account.
The Physician Account grants the Physician with access to view the Individual User’s data and to set the recommended low and high values for the Individual User’s measured parameters (the “Thresholds“).
Accordingly, any instruction, advice or communication with the Individual User cannot and shall not take place in Our Platforms, other than with respect to setting of the Thresholds.
The access granted to the Physician to the Individual User’s data can be revoked at any time by the Individual User or by the Physician. If the connection is terminated, we will notify You of such termination on our Platforms. It is your responsibility to follow the notifications prompted on the Platforms.
The Platforms may include suggested thresholds for the various parameters measured by the Device. These suggestions are the general recommended thresholds and not tailored for each User.
When the Individual User connects with the Physician, the Physician may set Thresholds tailored for the Individual User. Any such change in the Thresholds will be notified to the Individual User in the Application and by way of an email to the account associated with the Platforms.
The Physician is solely responsible for such Thresholds and if the Device alerts you of reaching such or if you wish to change them, you should discuss this with your Physician. We are not be responsible for such Thresholds.
Any information made available through the Service and/or Platforms 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 and/or Platforms 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 or Platforms, nor any medical advice which is based on the data retrieved from the Device. The Company does not directly or indirectly provide medical consulting services, but a technological infrastructure for the purpose of operating the Services, and it will not be held responsible for the medical treatment that will be provided to You by Your physician, including any professional advice and/or guidance received from Your Physician and/or anyone on its behalf in relation to the Service and /or for any information received directly and/or indirectly as a result of or within the framework of using the Service and/or the Platforms. 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 OR PLATFORMS.
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 Platforms and/or Services.
The Company is not responsible for any health problems, damage or injury that may result from using the Device and/or Platforms and/or the Services.
- Sharing Information from Your Device or Platforms
In addition, We may allow You to sync Your Platforms with specific, pre-linked, third party monitoring services, as We make such available, from time to time, and at Our sole discretion. If You chose to sync Your Platforms with such monitoring services, upon linking the Platforms with such service, Your data will be automatically shared with such third parties and processed in accordance with their terms and policies. We will not be responsible for any such third party use or access.
Your Device has limited storage capacity. Please refer to the User manual for information regarding 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 Platforms at least every 24 hours.
When Using the Platforms, the Individual User may share with a third party the historic data collected by the Device, once it is synced with the Platforms, in any manner made available by Us which may vary from time to time.
- Connecting with a Physician
If your Physician has a Physician Account, You may grant access to Your data on a continuous basis to the Physician. Such access will only allow the Physician to view Your data.
ANY MEDICAL ADVISE AND COMMUNICATION BETWEEN YOU AND YOUR PHYSICIAN SHALL NOT AND CANNOT TAKE PLACE WITHIN THE PLATFORMS.
You will be notified once the Physician accepted or rejected Your request to connect, or if the connection is terminated by the Physician. It is Your responsibility to follow the notifications prompted on the Platforms.
You herby understand that Your Physician will be granted with access to the Physician portal with which the Physician will only be able to view Your data.
WE WILL NOT BE LIABLE FOR THE MANNER IN WHICH THE PHYSICIAN WILL MONITOR THE DATA SHARED AND THE MEDICAL ADVICE PROVIDED AS A RESULT INCLUDING WITH RESPECT TO THE SETTING OR AMENDING OF THE THRESHOLD.
The use of certain functionalities of the Services, including the Platforms, may be subject to payment.
For the removal of doubt, the Device can be used as a standalone Device, however, without the Platforms you will not be able to store Your historical data or enjoy the additional functionalities offered therein.
- Operation of the Device and Warranty
For information for the operation of the Device and applicable warranty please refer to the Device Manual [https://www.cardiacsense.com/user-manual/]
- Limitation of Liability
THE DEVICE, PLATFORMS 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 Platforms 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 Platforms 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 Device and/or Platforms and/or 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 Platforms and/or Device; (e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platforms and/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 and/or Platforms.
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 Platforms, the Services and/or the Device 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.
- 11. Links
The Company retains all rights in and to the Platforms 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 Platforms or Device (collectively, “IP Materials“). The entire contents of the Platforms 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 Platforms 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 Platforms or the Services pursuant to these 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 these Terms is explicitly prohibited and may result in the termination of the Services as well as severe civil and criminal penalties.
The Company grants 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 Platforms is authorized.
- User Conduct
You agree not to access or attempt to access the Platforms and/or Services and/or 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 Platforms and/or Services and/or Account.
You agree to use the Platforms and/or Services and/or Account in good faith and in accordance with these Terms and not to use, or to encourage others or permit others to use, the Platforms and/or Services and/or Account to:
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- access or use the Platforms 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;
- intentionally or unintentionally interfere with or disrupt the Platforms and/or Services or violate any laws related to the access to or use of the Platforms and/or Services, violate any requirements, procedures, policies, or regulations of networks connected to the Platforms and/or Services, or engage in any activity prohibited by these Terms;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platforms, the Services, the Account, the Device, passwords, servers, or networks connected to or accessible through the Platforms and/or Services and/or Account or any affiliated or linked sites;
- disrupt, interfere with, or inhibit any other user from using and enjoying the Platforms and/or Services and/or Device;
- reproduce, sell, trade, resell or exploit for any commercial purpose, any use of the platforms and/or Services and/or Account and/or Device, or access to the Platforms and/or use of the Services and/or Account and/or Device;
- defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- engage in any other conduct which, in the Company’s sole discretion, is considered inappropriate, unauthorized or objectionable;
- use any automated methods or tools to crawl, robot, scrape, spider or otherwise monitor or extract data from any part of the Platforms and/or Services and/or Account and/or Device without our express prior written permission (we may use robot exclusion headers within the Platforms and You agree to comply with any such headers);
- 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 Platforms and/or Services and/or Account and/or Device, except to the limited extent that applicable laws specifically prohibit such restrictions;
- post or send any unauthorized or unsolicited advertising, promotional materials, marketing email or spam;
- forge any TCP/IP packet header or any part of the header information in any email or posting, deceptive or false source-identifying information;
- mirror or frame any part of the Platforms and/or Services and/or Account on any other website;
- 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;
- 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 Platforms and/or Services and/or Account; or
In addition, You agree to comply with all applicable laws, regulations, and ordinances as a condition of use of the Platforms and Services.
You agree not to use the Platforms and/or Services and/or 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.
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.