Terms & Conditions
These Terms of Use describe rules for visitors of the viewecg.com website (the “Site”). This website is owned and operated by Innovation Dooel (“we” or “us”). The Effective Date of this Terms of Service is January 31, 2018.
These terms of service (“Terms”) cover your use and access to the services, client software and websites (“Services”), as we grant you the right to use our software applications (“Software,” “App”), subject to the terms and conditions of use (“Terms of Service”) set forth below. The term “You” refers to the person visiting the Site and registered as a user. By accessing the Service, it means you acknowledge that you have read, understood and agree to be bound by the Terms of Use, including the privacy policy (together the “Terms”). If you do not wish to be bound by these Terms of Service, you may not access or use the Service.
Service description
The service in this Site is intended to record, display, visualize, store, transmit and interpret electrocardiograms (“ecg data”). You, as the user of the service, are responsible for the ECG measurements and data recorded and stored by the service. Your ECG recordings are subject to multiple factors related to your health and activities and for which you are responsible, such as does the measurement correspond to resting heart position (laying in a bed), proper position of the ECG sensor, stickiness of the ECG electrodes, elimination of environmental noise that may corrupt recorded data, establishing proper communication between devices etc. Due to these factors, the service may not set up a proper diagnosis of any heart condition; it will just indicate a possible arrhythmia. It will not automatically alert healthcare professionals or patients to potentially serious heart conditions or abnormal arrhythmias. The service is intended for continuous monitoring and we do not guarantee that the measurement reflects a proper measurement and communication setup, such as enabling a communication between the mobile application and our server due to third party telecommunication providers, or if this communication is interrupted by environmental noise. The user is directly responsible to ensure that telecommunication links work properly and data is transferred on time.
We do not guarantee a response by any physician(s) to messages posted or medical events reported through the service. You should always talk to your healthcare professional for diagnosis and treatment. Although we may enable you to use an optional ECG interpretation service or connect your account to a healthcare provider through our service, we do not automatically review, monitor, evaluate, or analyze any information generated from the service. It is your responsibility to present your medical data to your physician for proper analysis and diagnosis.
Jurisdiction
Unless you are a consumer located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution, these Terms provide that all disputes between you and us will be resolved by binding arbitration. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Use of the Service
The Service is intended only to allow you to upload, view, visualize, share data with your healthcare professional, and use certain data pertaining to you as made available by the Service. You may not access or use the Service for any other purpose. You may use the Service, including any data presented to you on or by the Service, or otherwise hosted or stored by us for you, only for lawful and appropriate purposes on your own behalf, and subject to your full compliance with these Terms and any other guidelines and policies applicable to the Service which we may post from time to time.
Service Information
The materials and information on this website are for your indicative information only. Information you read on this website cannot replace the relationship that you have with your healthcare professional. It represents only an indication of possible detected beats and their classification. We do not practice medicine or provide medical services or advice and the information on this website should not be considered medical advice. Third parties may be engaged to provide other information, and you should always talk to your healthcare professional for diagnosis and treatment. Health information changes quickly. Therefore, it is always best to confirm information with your healthcare professional.
This website may contain information that is not approved and cleared for use in your country of residence.
Your Information & Permissions
To access most features of the Service, you must register for an account and agree with the Terms. When you use our Services, you provide us messages, images, data, text, location information, and other types of information (“User Content”), such as your name, email, and biometric medical data etc. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. We encourage you to use a distinct and non-obvious username and password combination that is different from what you use for other services.
Your Information is yours and we have taken all necessary measures to keep your data safe. These Terms don’t give us any rights to Your User content except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your User content, backing it up, and sharing it when you ask us to. Our Services also provide you with features that may require our systems to access, store and scan Your User content. Once You give us permission to do those things, and this permission extends to trusted third parties we work with. Our Services let you share Your User content with others, so please think carefully about when you share.
You retain the copyrights, including any moral rights, and any other proprietary rights that you may hold in the User Content that you post to the Service; provided that if you choose to link your account to our service or information systems offered by your healthcare provider, any data provided to your healthcare provider may become part of your health record, and that copy of such data may be owned and/or controlled by your healthcare provider under applicable law.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
· You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by us, the Service, and these Terms; and
· your User Content, and the use of your User Content as contemplated by these Terms, does not and will not:
o infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
o slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or
o cause us to violate any law or regulation.
Limited License Grant
By posting or publishing User Content, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, create derivative works of, and distribute your User Content, in whole or in part, for any purpose in accordance with our Privacy Policy, in any media formats and through any media channels now known or hereafter developed. We may also create anonymized data and images from your User Content, and such data and images will no longer be your User Content. You irrevocably and forever waive any rights you may have regarding your User Content being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any of your User Content in its sole discretion.
By posting or sharing User Content with other users of the Service, or connecting your account to your healthcare provider through our service, you grant those users and/or healthcare providers a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
Eligibility
By agreeing to these Terms, you represent and warrant to us that:
· you are over 14 years and fully responsible for agreeing with the Terms;
· you have not previously been suspended or removed from the Service; and
· your registration and your use of the Service is in compliance with all applicable laws and regulations in your local jurisdiction.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
Right to Modify the Services
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Services, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, or your continued ability to access or share, Your User content and other data, and impose other limitations at any time, with or without notice.
In connection with any modification of the Services, we may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Services. We will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), we may require you to install the update to continue accessing the Services. In all cases, you agree to permit us to deliver these updates to you (and you to receive them) as part of your use of the Services.
Your Responsibilities
You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@ecgalert.com.
Your account may automatically expire following any period of inactivity associated with your account in excess of twelve (12) consecutive months. You are responsible for maintaining the accuracy, completeness and confidentiality of Your Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided Your Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep Your User content secure. If you discover any unauthorized use of Your User content or suspect that anyone may be able to access it, you should immediately change your password and notify our Customer Support team.
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, to the fullest extent permitted under applicable law. If we change the fees for the Service, including by adding additional fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the Service to you. We will charge the payment method you specify at the time of purchase. You authorize us to charge all sums as described in these Terms, for the Service you select, to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. The Service may include functionality for activating, updating or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Service to update or cancel any existing authorized one-time or recurring payment, it may take several business days for the update or cancellation to take effect.
You’re free to stop using our Services at any time. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, we may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time if you violate any provision of these Terms, if we no longer provide any part of the Services or for any other reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. To the fullest extent permitted under applicable law, we will have no liability on account of any change to the Service or any suspension or termination of your access to or use of the Service, provided that if we cease to operate the Service and terminates your access to the Service accordingly, then you will be entitled to a pro-rated refund of any prepaid fees that you have paid to us for use of the Service. Upon the termination of your account or this agreement for any reason, we may at its option delete any data associated with your account.
License
Innovation Dooel owns and operates the Service. The documents, information and content available on the Service, including visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service are protected by copyright and other intellectual property laws throughout the world. All copyright and other proprietary notices on any Site Content must be retained on any copies made thereof. Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited. We and our suppliers reserve all rights not granted in these Terms. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
In order to use our service on a variety of computing devices, you’ll need to install our client software on your computers, tablets and phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility. We have no responsibility for the availability of the Internet and other telecommunication services necessary to access the Services or for the functioning of the Services.
Subject to the restrictions set forth in these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App in object code format on devices that you own or control, solely for use with the Services. By downloading or using our app(s), you:
· Acknowledge that the App is licensed, not sold to you; and
· Acknowledge that third party terms and fees may apply to the use and operation of your device in connection with your use of the App, such as your carrier’s terms of services, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
You represent, warrant, and covenant to us that
· You accept our terms of service and you are responsible for all applicable laws and regulations in your local jurisdiction,
· These Terms have been executed and delivered by you and constitute a valid and binding agreement with you, enforceable against you in accordance with their terms;
· If you are using the Service on behalf of another entity, you are an authorized representative of the entity and have the authority and agree to bind the entity to these Terms;
· You will not access or use the Service except as expressly permitted by these Terms and any additional instructions, guidelines or policies issued by us, including those posted in the Service;
· You will access and use the Service in full compliance with applicable law; and
· all of the information, data and other materials provided by you in support of your account registration are accurate and truthful in all respects.
You may not use or otherwise export the Services or any our Software. In particular, but without limitation, our Software may not be
· Exported or re-exported into any countries or
· Provided to or used by anyone not registered to the system.
Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising out of or in any way connected with:
· Your access to, use of, or alleged use of, the Service;
· Your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
· Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
· Any dispute or issue between you and any third party; and
· All claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by you.
To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Clinical Interpretation Service
Our clinical interpretation service (the “Clinical Interpretation Service”) is a third- party resource to import, view, and interpret your data. The Clinical Interpretation Service reports back to us any findings in your data, and we make those findings available to you within the Service. By accepting these Terms, you hereby agree to enrollment in the Clinical Interpretation Service, although your use of the Clinical Interpretation Service is optional. You will only be charged for the Clinical Interpretation Services when and if you ask to them. We reserve the right to change the Clinical Interpretation Service providers or discontinue one or more of the Clinical Interpretation Service offerings. Any reports provided by us and any Clinical Interpretation Service do not suggest a diagnosis. The interpreted report is intended as information for you and to be used by your physician to provide proper diagnosis and treatment, taking into account your complete medical history. Diagnosis based on your data can only be accomplished by your physician. It is your responsibility to present your medical data to your physician for proper analysis and diagnosis. We and the Clinical Interpretation Service providers make no guarantees of the accuracy or clinical significance of the interpretation of your data, due to the lack of information about setup of the ECG measurement including all relevant factors, such as position, stickiness of ECG electrodes, body position, or other environmental factors. Please be aware that your physician may disagree with the interpretation of your data. If you decide to use one of the Clinical Interpretation Services, we will share your information when you give permission through the Service.
Due to telemedicine restrictions, your local jurisdiction may restrict your ability to use the Clinical Interpretation Service. Since you are using a mobile device to collect your data, it is your responsibility to ensure the Clinical Interpretation Service is legal according to your local telemedicine laws, and you are especially granting us access and ask for these services.
Modifications to these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile and/or in a notification in the Service or on our website. Material modifications will be effective upon your acceptance of such modified Terms or upon your continued use of the Service after we send or post our notification of the changes, whichever is earlier. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your sole and exclusive remedy if you do not agree with any modification to these Terms is to cancel your account. You may not amend or modify these Terms under any circumstances.
Disclaimers; No Warranties
We strive to provide great Services, but there are certain things that we can’t guarantee.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. YOUR USE OF THE SERVICES AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS.” AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OUR ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE SERVICE, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING: ANY WARRANTY AS TO WHETHER THE ECG DATA OR OTHER INFORMATION AVAILABLE ON OR TRANSMITTED BY THE SERVICE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. THE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
Limitation of Liability
You also acknowledge that a variety of our actions may impair or prevent you from accessing Your User content or using the Services at certain times and/or in the same way, for limited periods or permanently, and agree that we have no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any of Your User content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR ENTITIES, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NOTICE REGARDING APPLE
You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the App to you, if any; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary of the Terms. You hereby 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.