Last Updated: March 5, 2017
PLEASE READ CAREFULLY BEFORE USING WELLADAPT INC. PRODUCTS AND SERVICES. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT. BY REGISTERING FOR A USER ACCOUNT DURING ACCOUNT REGISTRATION AND USING THE SERVICES PROVIDED THROUGH THE APPS, PROUCTS AND WEBSITES, YOU ACCEPT ALL THE TERMS OF THIS AGREEMENT.
This WellAdapt Inc. Terms (“Terms”) of Use Agreement (the “Agreement”) is a legal agreement by and between WellAdapt Inc., (“us”, “we”, or “our”) provider of the Cardiowell App (the “Application”, “App”) and other Products and Services (Apps, Products, Websites and Services), and ‘You’ the End User.
The Agreement governs your use of all Apps, Websites, Products, and Services that you may download, install, or use on your computer, mobile device, network or subscribe to. These Terms apply to all visitors, users, and others who wish to access or use the App, Product or Service. By accessing or using any of the Apps, Websites, Products and Services you agree to be bound by this Agreement.
1. RELATIONSHIP BETWEEN YOU AND WELLADAPT INC.
The Application (Cardiowell App) is composed of a graphic user interface, that can be used on iOS devices allowing users to interact with features made available by the graphical user interface that allows you to view, save, store, share and access your data.
A Hardware Device (hereafter “Product”) is a biometric measurement device such as a weight scale or blood pressure device provided by WellAdapt Inc. or third party, designed to measure and transmit biomedical results to a cloud server for storage and display within the Cardiowell App.
A Service (hereafter “Service”) may include health promotion coaching advice and recommendations offered and provided by WellAdapt Inc. at the users discretion.
As a user, you acknowledge and guarantee:
▪ To be of age and aware of legal regulations or to have the signing authority;
▪ That you have the right to access and use the Application.
2. MODIFICATION OF THE TERMS AND CONDITIONS OF USE AGREEMENT
4. PREREQUISITE FOR APPLICATIONS USAGE, DOWNLOADING AND UPDATE
a. Cardiowell App
You must download the Application on your personal iOS device before using it. Cardiowell App download, exchange of data between the Cardiowell App and WellAdapt Inc. managed servers require an Internet connection. The quality of the Internet connection and the integrity of the iOS device are essential elements for using the Cardiowell App. For more information please contact our customer service department.
Downloading the Cardiowell App should not be considered as a presumption that your iOS device is compatible with Cardiowell App and/or any WellAdapt Products. Before any use, you are responsible to check if your iOS device and the Cardiowell App and any Cardiowell Products are compatible.
You must comply with the terms and conditions attached to the Apple App store used to download the Cardiowell App.
5. YOUR USE OF THE CARDIOWELL APP
Subject to your compliance with the Terms of this Agreement, We grant you a limited, non-exclusive and non-transferable license to use the Application on an iOS device, and to use any supported Products and Services for your personal use. Your use of the App may also require you to use certain services provided by us, all of which is governed by this agreement. Software may include desktop applications, firmware, mobile applications and web applications. We recommend against installing the Applications on non-private mobile devices as your private information may be compromised.
Data retrieved and presented to you through the Cardiowell App may not be accurate due to an inappropriate use of the Cardiowell App. As a consequence, you may not use such data as a specific basis to making healthcare decisions.
By using the Cardiowell App, you are restricted from:
▪ Distributing the App, including by electronic transfer from one computer to another, over a network or otherwise.
▪ Decompiling, reverse engineering, or attempting to reconstruct, identify or discover any source code, underlying user interface techniques or algorithms, disassemble, or otherwise reduce the software to a human perceivable form.
▪ Modifying, adapting, translating, renting, leasing, loaning, reselling, distributing, or creating derivative works based upon the App.
▪ Granting any sublicense, leases or other rights in the App to any third party.
▪ Taking any action that would cause the App to be placed in the public domain.
▪ Making any use of the App in contradiction with any law or regulations, third party rights such as Intellectual Property rights, Privacy etc.;
▪ Acting in any manner that shall create any prejudice to WellAdapt, its affiliate, partners or any user of our App, Products and Services;
▪ Fraudulently introducing any data on the Application or through the Application;
▪ Fraudulently introducing any data on the Website or on WellAdapt’s data server;
▪ Interfering, obstructing, distorting the proper working of the Site or to use the Site in any manner whatsoever to interfere with any Rights of third parties or WellAdapt;
▪ Undertaking any action and/or use any method allowing data to be retrieved, including Data scraping, data harvesting, Web crawling from the Website or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and services accessible from the Website;
▪ Probing, scanning, and technically analyzing the App;
▪ Testing the vulnerability, the performance and functionality of the Application for reasons other than the ones strictly necessary to use the Application;
▪ Breaching any security measures implemented on the Application by WellAdapt;
▪ Using any illegitimate means to breach any authentication method, implemented by WellAdapt Inc. in order to enable connection by the user to the Application and/or to the purchasing module;
▪ Accessing any section of the App that is not specifically accessible to normal use of the App.
6. CONNECTION AND IDENTIFICATION
Your identification through an account is requested before any connection, access and use of the Cardiowell App.
By connecting your Cardiowell user account and any associated products, you identify yourself as the user of the Product. This connection allows you to:
▪ Link data collected by supported Product(s) to your account;
▪ Have access to your data through the Cardiowell App;
All users are required to have an account, and have the obligation to prevent any third parties from using your account. You must therefore verify that your password is strong and secure, and log off the App when you are no longer using it. Access to your account can provide access to your personal data.
Any Connection to your account from a third party that you have given consent is your responsibility. WellAdapt Inc. is not responsible for any personal data communicated to third parties through your implicit or explicit permission. Leaving the App unattended without logging out is considered an implicit authorization.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse any user from opening or maintaining an account for any reason. You may not provide false information during the registration process. If your account is terminated, you many not join Cardiowell again without express permission.
Age Restriction. When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
7. INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are and will remain the exclusive property of WellAdapt Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WellAdapt Inc.
a. Cardiowell App
We and our licensors and/or suppliers, as applicable retain all right, title, and interest to the Apps, including patents, copyrights, trademarks, and trade secrets contained therein. When you download, install and/or use the Cardiowell App, WellAdapt Inc. grants you a personal, non-transferable, non-assignable, non-sub licensable license, non-exclusive, strictly limited to the purpose of this agreement and to the country from which you connect and use the App or any of its updates, to all Intellectual Property rights attached to the connection and use of the functionality offered by WellAdapt Inc.
This license does not grant you the right to undertake any operation of reverse engineering, extraction, de-compiling, improvements, modification, marketing, renting, licensing, translation of the Cardiowell App.
Unless otherwise specified, the right hereby granted may apply to any updates and evolution of the Cardiowell App.
b. Application’s Visual Elements
The Application is composed of elements such as text, interfaces, photographs, charts, pictures, browsing means, trademarks, logo, graphics, design, music, artworks, computer code, software, fonts or any other element containing any Intellectual property rights held, owned, controlled by WellAdapt Inc. or licensed to WellAdapt Inc. to be incorporated into the Application. (Hereinafter “Application Element”).
This license does not grant you the right to undertake any operation of reverse engineering, extraction, de-compiling, improvements, modification, marketing, renting, licensing, translation of the Website or all or part of any Application Element.
8. THIRD-PARTY FUNCTIONALITY
We may introduce functionality or a feature developed and produced by third Parties into the Application for the purpose to provide you additional functionality and features. You may agree to the Third Party terms and conditions when using this functionality or feature. As a third party to this contract, we are not liable for any use and direct or indirect consequence attached to the use of such functionality or feature.
THE CARDIOWELL APP, WELLADAPT SERVICES, AND PRODUCTS MAY STORE DATA AT Heroku Inc, and Data Labs Corporation CONTRACTED, THIRD PARTY CLOUD DATABASED AND SERVICE COMPANIES.
9. DATA PROTECTION
We may collect and record some personal data, such as name, email, and biometric data (weight, blood pressure, etc.) when you use WellAdapt Inc. products, including the Cardiowell App, or supporting Websites. Personal data is any information relating to directly or indirectly identifying you as a user. WellAdapt Inc. provides you with access to those data as part of the Cardiowell App and associated Products and Services.
Any collection and processing of personal data must be carried out with your consent. You can also object, at any time on compelling legitimate grounds relating to your particular situation, to the processing of data related to you.
The Cardiowell app is using the Apple HealthKit framework, and will NOT store any users’ health information in iCloud.
The Cardiowell app will NOT use personal data gathered from the HealthKit API for advertising or other use-based data mining purposes other than improving health and wellness, or for the purpose of medical research.
This app will NOT share user data acquired via the HealthKit API with third parties without user consent.
We grant you the right of access to and the right to rectify any data concerning You by contacting our customer service department:
By Mail: WellAdapt Inc. 315 Meigs Rd. Suite A385, Santa Barbara, CA 93109
By email: email@example.com
If you wish to purchase any Product or Service made available by WellAdapt Inc. ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or WellAdapt Inc. cancels it. You may cancel your Subscription renewal by contacting WellAdapt Inc. customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide WellAdapt Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize WellAdapt Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, WellAdapt Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
b.) Free Trial
WellAdapt Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by WellAdapt Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, WellAdapt Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
c.) Fee Changes
WellAdapt Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
WellAdapt Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by WellAdapt Inc. on a case-by-case basis and granted in sole discretion of WellAdapt Inc.
11. DATA HOSTING
12. AVAILABILITY, ERRORS AND INACCURACIES
WellAdapt Inc. uses reasonable commercial efforts to maintain the availability of its Products and Services, but does not guarantee any specific availability of services. WellAdapt Inc. cannot be held liable for temporary service interruptions.
We are constantly updating Product and Service offerings. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or Services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Because End Users will access the Service over the public Internet, temporary disruptions of network connectivity will occur from time to time. Internet traffic is usually routed through many different Internet backbone providers on the way to its destination. WellAdapt Inc. will not be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit when caused by any Internet backbone provider.
The following applies to:
▪ The Website
▪ The Cardiowell App
▪ Hosting services
▪ The Hardware Products
▪ Any improvements of the above.
Unless required by any mandatory legal provision, the Website, the Applications, Hosting services, the Services and improvements of the above (hereinafter the “Elements”) are provided on an “AS IS” and “AS AVAILABLE” basis. It is used AT YOUR OWN RISK WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS, WELLNES, OR HEALTH FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WELLADAPT INC. MAKES, AND USER RECEIVES, IN CONNECTION WITH THE ELEMENTS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS, WELLNESS OR HEALTH FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE PRODUCTS, SERVICES, OR ANY CONTENT OR FEATURE, INCLUDING ANY INFORMATION AND DOCUMENTS ARE FREE OF ERROR OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED. WELLADAPT INC. DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE.
WELLADAPT DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY APPS, PRODUCTS, OR SERVICES. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE. YOUR SOLE REMEDY AGAINST WELLADAPT INC. FOR ANY DISSATISFACTION OR DECEPTION WITH ALL OR PART OF THE APP, PRODUCT AND/OR SERVICES OR ANY CONTENT DIRECTLY OR INDIRECTLY LINKED TO IT IS TO STOP USE. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WHITH OUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO AN AGREEMENT.
The Cardiowell App, stores, transmits and displays weight, blood pressure and other body metric data allowing for self-analysis and remote viewing.
Cardiowell is not intended to replace medical supervision, medication or a Doctor’s order. Users are solely responsible for the interpretation of the data and to consult professional medical help with any healthcare related issues. Cardiowell is not liable for injury or fault when using the Cardiowell App. Users do so at their own risk. It is used solely as an investigation device for personal use.
Not Medical Advice. WellAdapt is not providing medical advice via the Wellness Service, Website or Applications. The Cardiowell App is not intended for use in the diagnosis, cure, treatment or prevention of disease. WELLADAPT INC. IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE SERVICE.
WellAdapt Inc. is not a licensed health care provider and has no expertise in predicting or treating medical conditions or in determining the effect of any specific exercise on a medical condition.
WellAdapt Inc. does not recommend or endorse any specific drugs, tests, physicians, products, procedures, and opinions.
The Cardiowell App promotes healthy breathing patterns and stress management, which as part of a healthy lifestyle may reduce the risks associated with hypertension.
It is considered a low risk device.
We may terminate or suspend your account and bar access to the Apps, Websites, Products and Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. LIMITATIONS OF LIABILITY
WellAdapt Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, any content on the service.
Under no circumstance shall WellAdapt Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Apps, Products, Websites, or Services (Product and Services).
To the fullest extent permitted by law, In no event shall WellAdapt Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Product and Services; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
THE CONTENT WE PROVIDE THROUGH THE WEBSITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.
You agree to defend, indemnify and hold harmless WellAdapt Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. You agree that your use of the Products and Services shall be in compliance with all applicable laws, regulations and guidelines.
18. GENERAL PROVISIONS
a. Scope of the Agreement
If any provision of the Conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
Any failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
d. Evidence – Electronic communication
Any notification and communication between WellAdapt Inc. and you can be realized by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Cardiowell Account.
e. Governing law – Dispute resolution
In the event of any controversy or dispute between WellAdapt Inc. and You arising out of or in connection with your use of any Products and Services (such as our Website, Product, or Applications) provided by WellAdapt Inc., the parties shall attempt, promptly, in good faith and before any judicial action, to resolve the dispute through alternative dispute resolution.
This Agreement is entered into and shall be governed by the internal laws of the United States and the state of California, without regard to its choice of law rules. The exclusive venue for any dispute relating to these terms and conditions is Santa Barbara County California. Both parties consent to the personal jurisdiction of these courts. Nothing in this agreement limits either party’s ability to seek equitable relief. The Parties may agree to resolve their dispute in accordance with California law.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Product and Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
Updated on March 5 2017