THIS APP DOES NOT PROVIDE MEDICAL ADVICE. THIS APP IS NOT A BLOOD PRESSURE MONITOR OR A HEART RATE MONITOR. CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR ADVICE REGARDING ANY MEDICAL CONDITION. DO NOT ATTEMPT TO SELF-DIAGNOSE OR TREAT ANY MEDICAL CONDITION BASED ON ANYTHING CONTAINED IN THIS APP.
In the case of an emergency or any suspected serious medical condition, please dial 911, or contact a local health care professional immediately.
This App is provided by Dr Z Media Corp. (“we”, “our” or “us”), for use by the end user (“you” “your”) These terms are a legal agreement. Please read all the terms before indicating acceptance. These terms replace any previous license agreement. These terms apply to our App, and any modules, software, support services and any updates, upgrades, supplements, new features released by us, unless other terms accompany those items. If so, those terms apply. By using our software, or any updates to the software, you accept these terms. If you do not accept them, you are not authorized to use the App. You are bound by these terms even if you do not read all the terms.
1.1 “App” means our One Heart Five Habits mobile application, and the healthy habits content, any feedback or healthy habit information generated and displayed by the app software, and made available by us through the App, together with modules, updates, upgrades, supplements, new features, and related services provided to you under these terms;
1.2 “Biometric Data” is defined in Section 2.1;
1.3 “Term” is defined in Section 8.1;
1.4 “User Data” is defined in Section 3.1.
2.1 Purpose of this App. The App enables you to record, track and visualize certain data and view metrics regarding your personal biometric data including blood pressure data and data about your personal habits (we call this “Biometric Data”). Use of the App is entirely voluntary. You must decide whether to register and use the App.
2.2 Grant of License. The App is licensed (not sold) to you. You are granted a non-exclusive, non-sublicensable, non-assignable, and non-transferable license, to access and use the App during the Term for the purposes set forth in this agreement, conditional upon payment of any applicable fees.
2.3 Your Responsibilities. As an end user, you accept responsibility for your use of the App. You are responsible for assessing suitability of the App for your own requirements based on your personal situation. You are responsibe for inputting complete and accurate data to get the best result. We do not monitor the Biometric Data that you input, to verify if the data is accurate or complete. Inaccurate data will result in inaccurate results or feedback from the App.
2.4 Use by Minors. This App is not for minors. You must be 18 or older in order to use the App.
3.0 PROPRIETARY RIGHTS & PRIVACY
3.1 Data Stored on App.
(a) Your Biometric Data. We do not claim ownership over the Biometric Data that you decide to input into the App. We do not automatically collect or track Biometric Data from you. The Biometric Data resides on your device, and you can decide how to use it, save it, share it, export it, back it up, or delete it. We do not save it or back it up for you.
3.2 Privacy. We acknowledge and agree that personal information is protected by applicable privacy laws, and, in connection with those laws:
(a) We agree to adhere to all applicable privacy laws with respect to the collection, use or disclosure of such personal information;
(c) You acknowledge and agree that the App may utilize, in whole or in part, third-party hosts, public internet and third party networks to transmit communications, which transmissions may be intercepted by other parties or stored, cached, routed, transmitted or received in jurisdictions outside of Canada, and therefore subject to the laws of those jurisdictions.
4.0 INTELLECTUAL PROPERTY
4.1 Our Intellectual Property. The App contains text, data, information graphics, user interface, logos, icons, trade-marks, and other content (“Our Intellectual Property”) furnished by us. Our Intellectual Property is protected under Canadian copyright and trade-mark laws and other intellectual property laws of Canada and other nations.
5.1 Fees. You are responsible for the payment of fees for the use of the App. Fees are non-refundable.
5.2 Other Expenses. You are responsible for the payment of any applicable fees or costs for its mobile devices, telecommunications access charges related to the license and use of the App.
6.1 Restrictions. You will not, and shall not authorize any third party to.
(a) make unauthorized copies of Our Intellectual Property;
(b) modify, decompile, disassemble, translate into another computer language, create derivative works, access the source code, hack, decrypt, rename files, or otherwise reverse engineer the App;
(c) incorporate any portion of Our Intellectual Property into any products which will be sold, licensed or transferred to a third party;
(d) use the App in connection with a computer based service business for others, or display the visual output of App for others;
(e) distribute, sell, lease, transfer, assign, trade, rent, lease or lend the App or publish, license, sublicense or cross-license the App or any part thereof and/ or copies thereof to others;
(f) use the App or any part thereof in violation of any law or regulation, or for any purpose other than as expressly permitted in this agreement;
(g) distribute screen shots, or disclose to a third party the results of any benchmark test of the App without our approval;
(h) copy, misuse or duplicate the layout and design of Our Intellectual Property, or the content, underlying code and database structures.
7.0 LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTY
7.1 DISCLAIMER OF WARRANTIES. THE APP IS PROVIDED TO YOU “AS IS” AND YOUR USE OF THE APP IS AT YOUR OWN RISK. WE HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE WILL HAVE NO LIABILITY FOR, AND YOU HEREBY RELEASE US FROM ANY CLAIMS RELATED TO THE APP.
7.2 IMPORTANT NOTICE. The App (including any feedback or healthy habit information displayed to you through the App) is not intended as a substitute for obtaining appropriate medical advice from your professional health care provider. Do not rely solely on this App to decide whether to seek urgent or primary care. Your should not rely on the App for medical, diagnostic or treatment reasons whatsoever. None of the materials presented should be relied upon by any person for purposes other than informational purposes. We encourage you to obtain custom medical advice and answers to specific medical questions from a qualified physician.
THE APP PROVIDES CERTAIN METHODS OF RECORDING AND TRACKING DATA, BUT THE APP IS NOT A SUBSTITUTE OR REPLACEMENT FOR THE ADVICE OF MEDICAL PROFESSIONALS.
7.3 ACKNOWLEDGEMENT OF RISK. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APP IS ASSUMED BY YOU AND YOU AGREE TO ASSESS, EXAMINE AND CONFIRM RESULTS BEFORE ACTING ON THOSE RESULTS. We are not responsible for inaccurate data input by users, or for third-party software or hardware vendors, third-party service providers, other users or participants, or for mobile devices. We make no representations or warranties with respect to third-party software or hardware vendors, third-party service providers, participants, or mobile devicesm, and we disclaim all liability in connection with any of the foregoing. We cannot guarantee that the App will be compatible with all mobile devices or with all third-party software or platforms.
7.4 LIMITATION OF LIABILITY. WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, OR ECONOMIC LOSS, IN CONNECTION WITH YOUR USE OF THE APP, OR IN CONNECTION WITH ANYTHING UNDER THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY IN CONNECTION WITH THE APP OR THIS AGREEMENT EXCEED THE AMOUNT YOU PAID FOR THE APP, IN THE AGGREGATE.
8.0 TERM & TERMINATION
8.1 Term. This agreement will start when you agree to the terms and will continue until terminated under this agreement (the “Term”).
8.2 Termination by You. You may terminate this agreement without cause at any time by ceasing use of the App and deleting it from your device.
8.3 Termination or Suspension by Us. We have the right to suspend or terminate your account (a) immediately and without notice if you are in breach of any material term of these terms or any other agreement with us; (b) without cause on 30 days notice to you.
8.4 Effect of Termination. Such termination shall be in addition to and not in lieu of any legal remedies otherwise available to the terminating party. Upon termination or expiry of this agreement you will cease all use of App and delete it from your device.
9.0 GENERAL TERMS
9.1 Mobile Devices – The App requires access through mobile devices. It is your responsibility to get your own mobile devices.
9.2 Assignment—This agreement, and any rights and licenses granted hereunder shall not be assigned by you without the our prior written approval but may be assigned by us without your consent to (i) an affiliate, (ii) an acquirer of all or substantially all of our assets, (iii) a successor by merger or amalgamation or other corporate reorganization. Any purported assignment in violation of this section shall be void.
9.3 Entire Agreement—This agreement is the entire agreement between us with respect to the subject matter hereof and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, without affecting the validity or enforceability of any separate agreement in writing between you and us. Except as otherwise agreed in writing, neither party has relied on any representations or warranties that are not made in this agreement.
9.4 Non-Waiver—None of the provisions of these terms shall be deemed to have been waived by any act or acquiescence on our part. No waiver of any provision of this agreement shall constitute a waiver of any other provisions or of the same provision on another occasion.
9.5 Notices—Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with this agreement must be in writing.
9.6 Jurisdiction and Governing Law– This agreement shall be construed and governed by the laws of the Province of Alberta and the laws of Canada applicable therein without reference to its conflicts of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.
9.7 Severability— If any of the provisions of this agreement or any part thereof shall be or held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire agreement but rather the entire agreement shall be construed as if not containing the particular invalid or unenforceable provisions or parts thereof, and the rights and obligations of the parties shall be construed and enforced accordingly, with the invalid or unenforceable provisions or parts modified so as to be limited and enforced to the fullest extent possible.
9.8 Survival – All terms which require performance by the parties after the expiry or termination of this agreement, will remain in force despite expiry or termination for any reason. The following terms shall survive termination: 7.0, 8.4, 9.6 and 9.8.
9.9 Language – It is the express will of the parties that these terms and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
9.1 Changes – On release of any update or upgrade to the App, we reserve the right to modify this agreement and to impose new or additional terms or conditions on your use of the App. The then-current terms (including any modifications and additional terms and conditions if applicable) will be presented to you and will be effective immediately upon your acceptance of the terms and continued use of the App.
9.11 Electronic Acceptance – terms may be agreed to by electronic acceptance.
9.12 Additional Terms Applicable to Android Device Users Without limiting the generality of the foregoing, your use of the App with any Android® device is subject to usage rules established by Google Inc., including those terms set forth at http://www.google.com/mobile/android/market-tos.html, the applicable provisions of which are incorporated herein by this reference.
9.13 Additional Terms Applicable to iOS Device Users
(a) Acknowledgement. Your use of the App is subject to the Usage Rules set forth in the App Store Terms and Conditions published by Apple Inc. ("Apple") and use of the App is limited to use with iOS device that you own or control.
(b) Scope of License. You acknowledge that this license is concluded between us and you only, and not with Apple. Apple is not responsible for the App.
(c) Maintenance & Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(d) Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App to you in accordance with its policies. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be as between you and us.
(e) Product Claims. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the App or user’s possession and/or use of that 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.
(f) IP Rights. You acknowledge that, in the event of any third party claim that the App or user’s possession and use of that App infringes that third party’s intellectual property rights, we (not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Legal Compliance. You hereby represent and warrant that (i) user is 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) user is not listed on any U.S. Government list of prohibited or restricted parties.
(h) Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and that, upon user’s acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary hereof.
(i) Push Notification. We hereby notify you that the App may use push notifications, and user hereby consents to receive such notifications. Any denial or withdrawal of consent may reduce or limit the App's functionality. Apple is not responsible for the transmission and use of any push notifications.
(j) Location Data. We hereby notify you that the App must collect and transmit location data to permit certain location-based services and functionality; user hereby consents to the collection, transmission and use of your location data by the App strictly for purposes of these location-based services and functionality. Any denial or withdrawal of consent may reduce or limit the App's functionality. Apple is not responsible for the collection, transmission and use of any location data.
End of Terms