Terms and Conditions : iHealth App

INTRODUCTION

These Terms of Use (the “Agreement”) constitute a legally binding contract made between you as a natural person (“you”, “your” or “user”) and Rasida Udya & Authorised Team (“we” “us” or “our”), concerning your access to and use of “Our App” software application for mobile devices. The app’s title may vary in countries other than the U.S. and is subject to change without specific notice.

Please read this Agreement carefully before you download, install, or use “Our App”. If you use “Our App” you agree to be bound by this Agreement, unless we specifically ask for your consent.

If you 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 or use “Our App” and you must promptly discontinue using “Our App” and remove (delete) “Our App” from any mobile device in your possession or under your control.

This Agreement is not concluded with Apple, Inc., its subsidiaries, or any other entity as may apply. However, you acknowledge and agree that, with regard to “Our App”, Apple and Apple’s subsidiaries are the third-party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary thereof.

Given the global nature of the internet, you agree to comply with all laws and rules where you reside or where you use “Our App”.

RESTRICTIONS ON WHO CAN USE “OUR APP”

To use “Our App”, you must be at least thirteen (13) years old, or at least sixteen (16) if you are a resident of the European Union or the United Kingdom.

Any person under thirteen (13) years old is prohibited from using “Our App”.

All users who are minors in the jurisdiction in which they reside (generally under the age of 16) must have the permission of, and be directly supervised by their parent or guardian to use “Our App”, so if you are between the ages of thirteen (13) and sixteen (16) years and you wish to use “Our 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 “Our App”; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

We do not intentionally gather information from minors under the age of 13 (16 for European Economic Area and United Kingdom residents). If you know someone who uses “Our App” and is below 13 years old, or who doesn’t comply with these restrictions in another way, please contact us at our support email id. We will promptly remove their data and delete their account from “Our App”.

GENERAL INFORMATION ABOUT “OUR APP”

“Our App” contains information about different health matters, fitness, and well-being. “Our App” is designed to provide you with a variety of information regarding your heart indicators based on measurements you make via “Our App” functionality or that you share with us via available APIs in “Our App”. “Our App” is intended only for your personal, non-commercial use.

Though we do our best to give you credible and verified information only, please note that your use of “Our App” is always subject to our medical and liability disclaimers, as we are not a healthcare organization, and you are solely liable for your health.

MEDICAL DISCLAIMER

“Our App” is offered for educational and entertainment purposes only, and in no way intended to diagnose, cure, or treat any medical or other condition or to be a substitute for professional medical care. “Our App” is not a clinical pulse oximeter. If knowing your pulse rate (heart rate) is critical to your health, you need to have your pulse taken by a medical professional.

RASIDA UDYA & ASSOC. AUTHORISED TEAM IS NOT A LICENSED MEDICAL CARE PROVIDER. NOTHING WITHIN THE SERVICES PROVIDED BY OUR APP 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 OUR APP. 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.

PRIVACY POLICY:

Your privacy is crucial to us. Accordingly, we have developed a Privacy Policy in order for you to understand how we process, use, and store information, including personal data. Access to “Our App” are subject to the Privacy Policy. Please read our Privacy Policy carefully.

END USER LICENSE AGREEMENT

As long as you keep using “Our App” 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 “Our App” on wireless electronic devices owned or controlled by you, to access and use “Our App” on such devices, and to access and use “Our App” strictly in accordance with the terms and conditions of this Agreement.

You may use “Our App” solely for your own non-commercial purposes. You are bound to respect the copyrighted material within “Our App”.

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 “Our App” 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.

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.

All rights, title, and interest in and to “Our App” and their content, Works and Intellectual Property, as well as its functionalities, (1) are the exclusive property of Rasida Udya & Asso. Authorised Team 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 therewithin.

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.

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 “Our App”, 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 “Our 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 “Our App”, Works, and Intellectual Property are retained by us and/or our partners and/or contracted third parties, as the case may be.

LICENSE TO USER CONTENT

“Our App” may enable you to share your measurements, post feedback and reviews (including to public areas), and log certain information into “Our App” (“User Content”).

By providing your User Content to “Our App”, 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 “Our App” and related services and/or for our promotional purposes (for example, by displaying within “Our 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 Rasida Udya & Associated Authorised Team, subject to the Privacy Policy; and (b) you agree to indemnify Rasida Udya & Associated Authorised Team 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 App”; we will not disclose it or make it public for our promotional purposes without your explicit permission.

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.

Subject to permissions herein, you retain all rights to such User Content that you post, share, or log in to “Our App”.

We reserve the right to review all User Content prior to submission to “Our App” and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.

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 “Our App”;
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.

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.

By submitting User Content to “Our App”, 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.

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.

Unless you have our express permission, you must not re-submit any User Content or other material or applications that have previously been removed.

YOUR USE OF OUR APP AND OTHER SERVICES:

We are not responsible for the way you use “Our 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 “Our App”, you agree not to use “Our App” for any purpose prohibited by this Agreement.

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 “Our App” or any content, files, feeds, or data from “Our App”, whether publicly available or not, to any third parties;
use or access “Our App” to provide any kind of services to third parties;
use “Our App” 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 “Our App” that we do not specifically authorize you to modify;
modify or translate “Our App” 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 your right to use “Our App”, including under paid subscription;
include or copy any of “Our 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 App”;
incorporate “Our App” 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 App”

— is kept secured; and

— is used only in accordance with applicable law;

copy, download, or store any content, files, feeds, or data from “Our App”, 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 “Our App”);
use “Our App” content for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for “Our App”
use any robot, spider, or other automated device or process to access “Our App” 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 App”, the server on which “Our App” are hosted, or any server, computer, or database connected to “Our App” or to attack “Our App” 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 App” shall immediately and automatically cease;
attempt to avoid or undermine any protections we put in place for the security and operation of “Our App”;
use data, content, or features from “Our App” 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 “Our App” or otherwise discredit it, “Our App’s” users, third parties, and/or Rasida Udya or Associated Authorised Team or any of our products and services, employees, subcontractors, representatives, or affiliates.

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 App”, 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.

In addition to your right to use the sharing functionality of “Our App”, you may occasionally print individual webpages of “Our 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.

AVAILABILITY, SECURITY, AND ACCURACY OF OUR APP

In order to use “Our App”, you are required to have a compatible mobile phone or a tablet, and internet access.

We do not warrant that “Our App” will be compatible with all hardware and software that you may use. We make no warranty that your access to “Our App” will be uninterrupted, timely, or error-free.

“Our App” performs heart rate and heart rate variability measurements via a software program based on the Photoplethysmography (PPG) method. It’s a simple optical technique used to detect volumetric changes in blood in peripheral circulation. We are constantly working to improve the accuracy of measurements provided via “Our App”, but we don’t guarantee absolute measurement precision and lack of errors. We recommend you follow instructions in “Our App” to get the most accurate results, but remember that Heart Rate: Monitor & Check is not a clinical device for measuring heart indicators, so if knowing your indicators is crucial for your health, please visit medical facilities to get professional health advice.

You acknowledge “Our App” is provided via the Internet and mobile networks and so the quality and availability of “Our App” may be affected by factors outside our reasonable control.

We reserve the right to change, expand, and improve “Our App”, modify “Our 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 Heart Rate: Monitor & Check may be upgraded from time to time to add support for new functions and services. We may change or update “Our 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 “Our App”, selectively disable certain features of “Our App”, or cease providing any other Service partly or in full. Your use of “Our App” does not entitle you to the continued provision or availability of “Our App”. Any modification or elimination of “Our App” or other Service(s) or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

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.

If you decide not to use “Our App” for any reason, you should delete your account and uninstall “Our App”. Note that if you have an account and uninstall “Our App” without deleting your account, your data will not be deleted from our servers, even if “Our App” is uninstalled. If you delete your account and continue to use “Our App”, your data will be deleted from our server but will be stored locally on your device until you decide to uninstall “Our App”.

CHARGES:

“Our App” is available for download on a free basis. However, certain features of “Our App” are offered for a fee.

Features and content in “Our App” may vary by country, language, version, or device.

Subscriptions. You may subscribe to our premium services in “Our App”. Paid subscriptions within “Our App” are billed via in-app purchase functionality provided by Apple. You authorize the third-party payment systems and us to charge the applicable fees to the payment card that you submit. Subscriptions continue indefinitely. We automatically bill you for ongoing charges until they are cancelled. We explain ongoing fees, payment frequency, and how to cancel before you buy.

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.

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.

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.

Renewal and Cancellation. Your payment to us or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period unless you cancel it before the end of the then-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.

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.

If you uninstall “Our 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.

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.

If you are an EU user, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. You may not be eligible for a refund, unless the digital content is defective. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU.

Other charges. You may be charged by your communications service provider for downloading and/or accessing “Our 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.

By accessing “Our App”, 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.

PHYSICAL ACTIVITY NOTICE

“Our App” 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. Rasida Udya & Associated Authorised Team 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 Our App.

THIRD-PARTY WEBSITES AND RESOURCES

“Our App” 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 websites or mobile applications). Such linked websites and mobile applications are provided as is for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third-party websites 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.

You shall not link to “Our 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.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF OUR APP AND OUR SERVICES SHALL BE AT YOUR SOLE RISK. OUR APP AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN OUR APP ARE PROVIDED “AS IS”, AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE ERRORS OMISSION, AVAILABILITY, TECHNICAL COMPATIBILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER RASIDA & TEAM, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANT, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) OUR APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH OUR APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING OUR APP WILL MEET YOUR REQUIREMENTS, OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY US OR THIRD PARTIES ON OR THROUGH OUR APP, INCLUDING IN THE BLOG OR OTHER PUBLIC AREAS IN OUR APP. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

We do not give you any guarantee for the proper functionality of “Our App”, however, if you believe that “Our App” has not met your expectations, you may request a refund.

“Our App” cannot and does not guarantee health-related improvements or outcomes. Your use of “Our App” and any information, predictions, or suggestions provided in “Our App” are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through “Our App” and you agree and understand that “Our App” is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OUR APP PROVIDED BY OUR APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES (INCLUDING BUT NOT LIMITED TO LOSS OF USE OR LOSS OF DATA), EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH OUR APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF OUR SERVICES IN ANY COUNTRY. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO RASIDA & ASSOCIATED TEAM FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO RASIDA & ASSOCIATED TEAM, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

PROVISIONS IN THIS SECTION ARE APPLICABLE TO OUR APP AND OTHER SERVICES WE PROVIDE.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RASIDA & ASSOCIATED TEAM DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE INFORMATION, LINKS, AND MATERIALS POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.

NOTICE AND TAKEDOWN PROCEDURES

If you believe any materials accessible on or from “Our App” infringe your copyright, you may request removal of those materials (or access thereto) from “Our App” by contacting us and providing the following information:

1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.

2) Identify the material you believe is infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3) Your name, address, telephone number and (if available) e-mail address.

4) A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.

5) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.

6) A signature or the electronic equivalent from the copyright holder or authorised representative.

We will review and respond to your inquiry within 30 (thirty) calendar days.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify this Agreement from time to time. We will keep you informed about any changes by updating this Agreement or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. We ask you to review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of “Our App” after the date the revised Agreement is posted or once you have been notified of the modifications where applicable.

TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon termination, (a) the rights and licences granted to you herein shall terminate; (b) you must cease all use of “Our App”. We may also block your access to “Our App” or take other measures that we deem appropriate at our sole discretion if you breach the provisions herein.

SEVERABILITY

If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be read down to become illegal, invalid, or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

MISCELLANEOUS

No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Rasida Udya or Associated Team of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.

We may transfer or assign any and all of our rights and obligations under this Agreement to any other person, by any way, including by novation, and by accepting this Agreement you give us consent to any such assignment and transfer. You confirm that placing on “Our App” of a version of this Agreement indicating another person as a party to this Agreement shall constitute valid notice to you of the transfer of Rasida or Associated Team’s rights and obligations under this Agreement (unless otherwise is expressly indicated).

You shall not assign, transfer, or purport to assign or transfer the contract between you and us to any other person.

All information communicated on “Our App” is considered an electronic communication. When you communicate with us through or on “Our App” or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “CONTINUE”, “CREATE ACCOUNT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

You affirm that you 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.

CONTACT INFORMATION

If you want to submit a support request or have questions about this Agreement or Heart Rate: Monitor & Check, please contact us via our email “connect.healthtracker@gmail.com”