Last updated: November 22, 2023
1.INTRODUCTION
1.1. These Terms of Service (the “Agreement”), together with all the documents referred to in it, constitute a legally binding contract made between you as a natural person (“you”, “your” or “user”) and Heartlity, (“Heartlity”, “we” “us” or “our”), concerning your access to and use of Heartlity Heart Rate Monitor software application for mobile devices (“App”) and our Website (Heartlity.com). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.
1.2 All the documents that relate to the App are hereby expressly incorporated herein by reference.
1.3 Please read this Agreement carefully before you download, install or use the App.
1.4 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.
1.5 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.
2.RESTRICTIONS ON WHO CAN USE THE APP
In order to download, install, access or use the App, you must be eighteen (18) years of age 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 seventeen (17) 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 download, install, access or use the 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.
3.General information
3.1. Heartlity allows you to measure your heart rate using your fingertip and camera. Heartlity contains information about heart rate and health. See the full performance list on the App’s page in the App Store.
4.Medical disclaimer
4.1. The Website and App is offered for entertainment and general information 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. If your pulse rate (heart rate) is critical to your health, you need to have your pulse taken by a medical professional.
4.2. Heartlity IS NOT A LICENSED MEDICAL CARE PROVIDER. NOTHING WITHIN THE SERVICES PROVIDED BY THE APP OR THE WEBSITE 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 OR WEBSITE. WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR 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.
5.Privacy policy
5.1 Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store data. Access to the App and use of the Services are 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 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 and Services. Please read our Privacy Policy carefully.
6.End user license agreement
6.1. As long as you keep using the App and/or Services in accordance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to install and use the App on wireless electronic devices owned or controlled by you, to access and use the App on such devices, and to access and use our Website strictly in accordance with the terms and conditions of this Agreement.
6.2. You may use our Services solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the Services.
6.3. 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.
6.4. 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.
6.5. All rights, title, and interest in and to the Services and their content, Works and Intellectual Property, as well as its functionalities, (1) are the exclusive property of Heartlity 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 herewithin.
6.6. 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.
6.7. 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 and/or Website, 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, Website, Works, and Intellectual Property are retained by us and/or our partners and/or contracted third parties, as the case may be.
7.License to User Content
7.1. The Services may enable you to share your measurements, post feedback and reviews (including to public areas), and log certain information into the App (“User Content”).
7.2. By providing your User Content to the Services, you (a) grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, edit, adapt, reproduce, translate, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App, Website and related services and/or for our promotional purposes (for example, by displaying on our Website, within the App, in social media, on any website or platform on the Internet as we may deem appropriate), or for our internal business purposes by communicating it to businesses, sub-contractors, officers, employees, agency workers, consultants or any other workers, full or part time, overseen by Heartlity , subject to the Privacy Policy; and (b) you agree to indemnify Heartlity and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in this Agreement. However, our rights to use your information related to your health (heart indicators and measurement data) are limited to those directly connected to your use of our Services; we will not disclose it or make it public for our promotional purposes without your explicit permission.
7.3. 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 own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust, and change it contextually, or make any other changes, in each case as we deem appropriate.
7.4. Subject to permissions herein, you retain all rights to such User Content that you post, share, or log in to the Services.
7.5. We reserve the right to review all User Content prior to submission to the App and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.
7.6. For the avoidance of any doubt, you acknowledge and agree that we may:
continue to use all or part of User Content even if you change your mind and want us to remove it and/or you no longer use the Services;
reproduce your trademarks, trade names, service marks, logos, domain names, or other identifying signs or images;
modify your User Content in any way at our sole discretion.
7.7. You acknowledge that we are not responsible for checking, monitoring, or moderating any User Content, and you remain solely responsible for all User Content you submit.
7.8. By submitting User Content to the Services, you warrant and represent that you are the sole author of and owner of all proprietary rights in the User Content. If the User Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third-party owners to use their material in accordance with the provisions of this Agreement.
7.9. You warrant and represent that your User Content will not be inappropriate. Without limitation, User Content will be considered inappropriate if:
It is defamatory, plagiarized, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful
It is in breach of confidentiality or another person’s privacy
It prejudices any active legal proceedings of which you are aware
It contains accusations of impropriety or personal criticism of our staff
It infringes any intellectual property rights proprietary to us or any other third party
It is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct)
It advertises or promotes any product or service or makes any requests for donations or financial support
It is spam or junk content
It impersonates another person or otherwise misrepresents your identity, affiliation or status
It would be considered a criminal offense, or gives rise to civil liability, or is otherwise unlawful; and/or
is in breach of this Agreement.
7.10. Unless you have our express permission, you must not re-submit any User Content or other material or applications that have previously been removed.
8.Your use of our App and other Services
8.1. We are not responsible for the way you use the App. If you submit a post, you are solely responsible for your own 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 and other Services for any purpose prohibited by this Agreement.
8.2. 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 Services to provide any kind of services to third parties;
use the Services to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
modify any file or any other part of the Services that we do not specifically authorize you to modify;
modify or translate our App or Services or any related documentation in whole or in part, or combine or merge our App with any other object code or program;
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 Services or your right to use our Services, including under paid subscription;
include or copy any of App’s files or content to AI learning databases;
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 Services;
incorporate our App or Website into another service or website or make it available via framing or mirrors;
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 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;
copy, download, or store any content, files, feeds, or data from the Services, 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 are able to show ‘fair dealing’ with it, in each case in accordance with the applicable law (this provision doesn’t apply to User Content allowed to share by the functionality of the Services);
use the App, Services or Services’ content for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
use any robot, spider, or other automated device or process to access the Services 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 Services, the server on which our Services are hosted, or any server, computer, or database connected to our Services or to attack our Services via a denial of service attack. 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 Services shall immediately and automatically cease;
attempt to avoid or undermine any protections we put in place for the security and operation of the Services;
use data, content, or features from the App and the Website to diagnose, treat, or mitigate any health conditions;
do anything that may cause damage to our 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 Services or otherwise discredit it, the Services’ users, third parties, and/or Heartlity or any of our products and services, employees, subcontractors, representatives, or affiliates.
8.3. Without prejudice to our rights and remedies, we reserve the right to promptly disable your login details and suspend your access to any of our Services, if, in our reasonable opinion, 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.
8.4. In addition to your right to use the sharing functionality of the Website and/or App, you may occasionally print individual webpages of the Website and/or 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.
9.Availability, security, and accuracy of the Services
9.1. In order to use the App, you are required to have a compatible mobile phone or a tablet, and internet access.
9.2. The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 15.0 or later.
9.3. We do not warrant that the App will be compatible with all hardware and software that you may use. We make no warranty that your access to the App and the Website Heartlity.com will be uninterrupted, timely, or error-free.
9.4. App performs heart rate and heart rate variability measurements based on the Photoplethysmography (PPG) method. We constantly improve the accuracy of measurements provided via the App, but we don’t guarantee absolute measurement precision.
9.5. 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.
9.6. We reserve the right to change, expand, and improve the App and Website, 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. 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 notifying 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, selectively disable certain features of the App, or cease providing any other Service partly or in full. Your use of the App or Website does not entitle you to the continued provision or availability of the App or Website. Any modification or elimination of the App or other Service or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
9.7. 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.
10.Charges
10.1. The Website is accessible and the App is available for download on a free basis. However, certain features of the Services are offered for a fee.
10.2. Features and content in the App and on the Website may vary by country, language, version, or device.
10.3. Subscriptions. You may subscribe to our premium Services in the App. Paid subscriptions within the App are billed via in-app purchase functionality provided by Apple. Subscriptions continue indefinitely. We automatically bill you for ongoing charges until they are canceled. We explain ongoing fees, payment frequency, and how to cancel before you buy.
10.4. Trial. The subscriptions may include a trial period, where you can experience the Services for a specified period at no cost or at 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. Ultimately, it is your responsibility to know when the Trial will end. We reserve the right, in our sole discretion, to modify or terminate any Trial offer, your access to the Services during a Trial period, or any of these terms without notice and without liability. We reserve the right to limit your ability to take advantage of multiple Trials.
10.5. Price. We may, from time to time, make changes to 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 prior to the price change going into effect.
10.6. Taxes. Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate may be automatically applied based on the account information you provide.
10.7. Renewal and Cancellation. Subscription will automatically renew at the end of the applicable subscription period unless you cancel it before the end of the current subscription period. To avoid being charged you must affirmatively cancel your subscription or a trial at least 24 hours before the end of the free trial or the current subscription period.
10.8. If you purchased the subscription or enabled Trial on the App Store or via Apple in-app purchase functionality, please, change the subscription settings of your Apple account. Learn more about managing subscriptions (and how to cancel them) on Apple support page.
10.9. If you uninstall the App, your subscription will not stop automatically. You must cancel the automatic renewal of your subscription in order not to be charged with the cost of the new subscription.
10.10. Refunds. Purchases made through the Apple App Store are subject to that App Store’s refund policy. This means we don’t have access to your billing information, therefore we cannot grant a refund, so if you are eligible for it, you’ll have to request it directly from Apple by contacting Apple support. Please follow these instructions to request a refund from Apple:
Sign in to reportaproblem.apple.com.
Tap or click “I’d like to”, then choose “Request a refund”.
Choose the reason why you want a refund, then choose Next.
Choose the app, subscription or other item, then choose Submit.
10.11. Other charges. You may be charged by your communications service provider 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.
10.12. By accessing our Services, you agree that your purchase is not conditioned on the future delivery of any features or functionality and is not subject to any representations and warranties. any oral or written disclosures made by us regarding such features or functionality.
11.Physical activity notice
11.1The App and Website may include features and content that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Heartlity 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 or content of the Services.
12.Third-party Website and resources
12.1. 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 Website or mobile applications). Such linked Website and mobile applications are provided as is for your convenience only with no warranty, express or implied, for the information provided within them.
12.2. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party Website or resources.
12.3. If you have any queries, concerns or complaints about such third-party Website 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.
12.4. You shall not link to our Website, 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.
13.Updates to the Service
You understand that the Services are constantly changing and evolving. Heartlity may require that you accept updates to the Services, such as via installing updates to app installed on your device. You acknowledge and agree that Heartlity may update the Services, with or without notifying you. You may need to update third party software or your device hardware from time to time in order to access and use the Services.
14.Disclaimer of Warranties
WITHOUT LIMITING Heartlity’S LIABILITY UNDER SECTION 15 BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Heartlity DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.Limitation of Liability; Sole and Exclusive Remedy; Indemnification
Heartlity SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Heartlity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, Heartlity SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Heartlity IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO Heartlity DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND Heartlity’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH Heartlity IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Heartlity OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF Heartlity.
You agree to indemnify, defend and hold Heartlity (and Heartlity’s officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
16.Dispute Resolution and Law
If a dispute arises between you and Heartlity, we strongly encourage you to first contact our customer support at support@Heartlity.com to seek a resolution. All disputes between you and Heartlity shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Heartlity must be resolved exclusively by a court located in Helsinki, Finland.
17.Severability
You and Heartlity agree that if any portion of these Terms, Heartlity’s Privacy Policy or any supplemental terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
18.General Provisions
18.1 Assignment
Heartlity may assign or delegate these Terms, the Heartlity Privacy Policy and/or other applicable policies, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms, the Privacy Policy or other policies without Heartlity’s prior written consent and any unauthorized assignment and delegation by you is ineffective.
18.2 Supplemental Policies
Heartlity may publish additional or supplementary policies or terms related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.
18.3 Entire Agreement
These Terms of Service, the Heartlity Privacy Policy and any additional or supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and Heartlity, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
18.4 No Waiver
The failure of Heartlity to require or enforce strict performance by you of any provision of these Terms or the Heartlity Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Heartlity’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Heartlity of any provision, condition, or requirement of these Terms or the Heartlity Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Heartlity shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Heartlity.
18.5 Notices
We may notify you via the Services or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms or the Heartlity Privacy Policy shall be in writing and addressed to Email: support@heartlity.com. Any notices that you provide without compliance with this Section on notices shall have no legal effect.
18.6 Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to Heartlity are of a unique and irreplaceable nature, the loss of which shall irreparably harm Heartlity and which cannot be replaced by monetary damages alone so that Heartlity shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or anycontent or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 15, if any.
18.7. Force Majeure
Heartlity shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Heartlity, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Heartlity’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Contact information:
Email: support@heartlity.com