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These Terms of Use are effective as of the date of your first use of the Services.
Heal Ai ("Heal Ai", "we", "us" or "our" and terms of similar meaning)provides the Heal Ai application ("Heal Ai"), and its websites located at www.healai.com ("Sites"), to assist you in monitoring, understanding, and improving your personal wellness, encompassing various factors such as heart rate, stress levels, and blood pressure. The services provided by or through Heal Ai and the Sites are collectively referred to as the "Services".
It is essential that you carefully read and comprehend these Terms of Use in conjunction with our Privacy Policy before utilizing Heal Ai.
These Terms of Use, along with the Heal Ai Privacy Policy (collectively, the "Terms", as may be amended from time to time), govern your usage of Heal Ai, the Sites, and the Services.
Please review these Terms thoroughly before utilizing the Services. By accessing or utilizing the Services, you acknowledge that you have read, understood, and consent to be legally bound by these Terms. You affirm that you possess all the requisite legal authority to accept these Terms on your behalf. If you do not agree to abide by these Terms in their entirety, you may not utilize the Services.
We retain the right, at our sole discretion, to modify, discontinue, or terminate the Sites, Services, or Heal Ai, or to amend these Terms, at any time and without prior notice. Unless specifically stated otherwise, any alterations to these Terms will be effective immediately upon posting, and your continued use of the Services following any such modifications will signify acceptance thereof. You are advised to periodically review the Terms and any associated policies and documents to comprehend the terms and conditions governing your usage of the Services. The Terms will always display the 'last updated' date at the top. Should you disagree with the modified Terms, you must cease using the Services. You may cancel your account with us without further obligation, except for any outstanding amounts due for the remainder of the billing period in which you terminate your account (if your billing cycle is monthly, we will prorate your account to the nearest month-end after cancellation).
Safeguarding your privacy and any data pertaining to you ("Personal Data") is of utmost importance to us. Consequently, any Personal Data collected or generated through the use of the Services will only be gathered, stored, and processed by us in accordance with our Privacy Policy, which is integrated into these terms by reference. By accessing or utilizing the Services, you consent to our collection and utilization of your Personal Data in accordance with the Privacy Policy. We strongly advise that you read and comprehend our Privacy Policy before utilizing the Services.
Our Services are not intended for minors. You must be at least eighteen (18) years of age to utilize the Services. Should we ascertain that you are under the age of eighteen (18), we will term in ate your access to the Services.
If you intend to utilize the Services on behalf of an entity or organization ("Organization"), such usage must be governed by a Services Agreement accepted by the Organization, rather than these Terms.
To access the Services, you must create a personal account by providing accurate, true, current, and complete information about yourself as prompted during the relevant registration processes (the "Registration Data"). It is imperative that you promptly update your Registration Data as required to ensure its accuracy, truthfulness, currency, and completeness.
Should you provide any Registration Datathat is false, inaccurate, outdated, or incomplete, or if we have reasonablegrounds to suspect that such Registration Data is false, inaccurate, outdated,or incomplete, we reserve the right to suspend or terminate your access to, oruse of, the Services.
Any account you establish with us isstrictly personal to you, and you are prohibited from gifting, lending,transferring, or otherwise permitting any other individual to access or useyour account.
You may be required to create, or you mayreceive a password and username designation upon completing the registrationprocess. Such passwords or usernames are designated for your exclusive andnon-transferable use. You are responsible for maintaining the confidentialityof your password, and you are fully accountable for all activities conductedunder your password or account. We disclaim liability for any loss or damageresulting from your failure to maintain the confidentiality of your accountcredentials.
You agree not to utilize another person'sor entity's information, including usernames, passwords, or other accountdetails. Additionally, you agree to promptly notify us of any unauthorized useof your username, password, or other account information, or any other securitybreach pertaining to the Services.
If there are indications that you haveviolated these Terms or that your account has been compromised, we may suspend,restrict, or revoke your access to the Services immediately without priornotice. Furthermore, we reserve the right to deactivate your account or limityour access to the Services if you have not accessed or utilized them for more than six (6) months.
Refrain from undermining the security or integrity of Heal AI's computing systems or networks, or those of any third-party hosting Heal Ai, including any computing systems and networks.
Abstain from utilizing, or misusing, Heal Ai in any manner that could impair its functionality or that of other systems utilized to deliver the Services, or impair the ability of any other user to use Heal Ai.
Avoid attempting to gain unauthorized access to any materials beyond those for which you have received express permission, or to the computer system hosting Heal Ai.
Abstain from utilizing Heal Ai to transmit any files that may harm the computing devices or software of others, transmit offensive content, or transmit material or data in violation of any law(including data or material protected by copyright or trade secrets that you lack the right to utilize).
Refrain from attempting to modify, copy, adapt, reproduce, disassemble, decompile, or reverse-engineer any computer programs used to deliver the Services, except as strictly necessary for their normal operation.
Our Content and Intellectual Property
In these Terms, the content and materials, including, but not limited to, software, information, data, logos, marks, designs, images, text, graphics, buttons, domain names, meta-tags, and the overall 'look and feel,' contained in or accessible through the Services(including, without limitation, Heal Ai and the Sites), are collectively referred to as "Content."
With the exception of your User Content(defined below), all Content and software available on or in connection with the Services or utilized to create and operate the Services (including, without limitation, Heal Ai and the Sites), as well as any future updates, upgrades, and new versions thereof, are the property of Heal Ai or its licensors and are protected by Canadian and international intellectual property laws. All trademarks, registered trademarks, product names, and company names or logos referenced in the Services are the property of their respective owners. Heal Ai reserves all rights in and to the Content, the Services, Heal Ai, and the Sites not expressly granted to you under these Terms. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Heal Ai.
Heal Ai grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and utilize the Services and to view, copy, and print portions of the Content available to you through the Services solely for your personal, non-commercial purposes. This license includes the right to download, install, and run a copy of Heal Ai on a mobile device that you own or control. This license is subject to these Terms and is specifically conditioned upon the following:
You may only view, copy, and print suchportions of the Content for your personal use.You may not modify or create derivativeworks of the Content, nor reproduce, distribute, or display the Content (exceptfor page caching), except as expressly permitted in these Terms.You may not remove or modify any copyright, trademark, or other proprietary notices contained in the Content.You may not utilize any data mining,robots, or similar data gathering or extraction methods.You may not utilize the Services or theContent other than for their intended purpose.Except as expressly permitted above, anyaccess to or use of any portion of the Services or Content (including, withoutlimitation, Heal Ai and the Sites) is strictly prohibited and will terminatethe licenses granted in this Section, these Terms, and your account with us.Such unauthorized use may also contravene applicable laws, including, but notlimited to, copyright and trademark laws. Unless explicitly stated herein,nothing in these Terms may be construed as conferring any license tointellectual property rights, whether by estoppel, implication, or otherwise. The licenses granted in this Section may be revoked by Heal Ai at any time.
You represent and warrant that your usageof the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party, nor breach any contractor legal duty to any other parties, nor contravene any applicable laws.
During your utilization of the Services, you may be enabled or otherwise required to post, upload, store, share, send, or display personally identifiable information and other data (such as height, weight, age, gender, blood flow, etc.), profiles, opinions, messages, notes, comments, and any other information and content ("User Content") to and via the Services.
Your User Content is your property. Our only right to your User Content is the limited license to it granted in these Terms.
Your User Content is your responsibility. We disclaim any responsibility or liability for it, or for any loss or damage your User Content may cause to you or other individuals. Although we are under no obligation to do so, we retain the sole discretion to remove, screen, or edit without notice any User Content posted or stored on the Services, and we may exercise this right at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. By authorizing third parties to access your User Content through the Services, you agree that we are permitted to provide such User Content to them and acknowledge that we bear no responsibility or liability for their use of such User Content.
By making your User Content available on or through the Services, you hereby grant to Heal Ai a permanent, non-exclusive, transferable, sublicensable, worldwide, royalty-free, fully paid-up license to use, copy, modify, publicly display, publicly perform, reproduce, distribute, adapt, translate, create derivative works from, and distribute your User Content, in whole or in part, in any media in connection with operating, providing, developing, and improving the Services and Content to you, including new services that we may offer in the future. All such use will, to the extent your User Content contains personally identifiable information, be in accordance with our Privacy Policy.
You represent and warrant that you own and control all of the rights to your User Content, or otherwise have the lawful right to use your User Content in connection with the Services, and that such use does not violate these Terms or any rights of, or cause injury to, any person or entity.
You further represent and warrant that the use and provision of your User Content on the Service will not:
Infringe, misappropriate, or violate a third party's rights.
Breach any applicable law or regulation, or give rise to civil liability.
Be fraudulent, false, misleading, or deceptive. Heal Ai assumes no liability for your User Content (including, without limitation, maintaining a backup of your User Content), and you are solely responsible for any liability arising from or related to any of your User Content.
Use of Your Device
Full use of and access to the Services will depend on, among other factors:
A supported device with Heal Ai properly installed.
Adequate and legally compliant internet access.
Processing and analysis capabilities located at remote servers.
The availability and function of such elements may influence the performance of the Services. You are responsible for ensuring that your mobile device has adequate functionality.
We prioritize reliability and security and exert significant effort to ensure that our service operates consistently and securely, and that it provides a safe environment for your data. We utilize what we believe are best-of-class hosting services, security technologies, and services that we believe offer a secure environment for your data.
However, no system is entirely secure or infallible, and the Internet inherently poses security risks. The reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be guaranteed. By using the Services, you acknowledge these risks and accept the responsibility for choosing to use technology that may not provide perfect security or reliability.
Availability of health parameters depends on your choice of subscription plan/packs. For more information on plans, packs, and health parameters, please read this document carefully.
Subscription will auto-renew every month based on the subscription plan you have purchased through your iTunes Account unless you cancel it 24 hours prior to the end of the current billing period.
You can manage your subscription and turn off auto-renewal by going to your iTunes Account Settings after purchase.
iTunes will refund any pro-rata amount applicable on Upgrade.
Any unused portion of a free trial, if offered, will be forfeited when you purchase a subscription, where applicable.
Subscribe to our Lite or Pro plans to access various scan allocations and health metrics. Understand how upgrades and downgrades between plans affect your remaining scans and the metrics you receive. Stay informed on how scan priorities and pack usages are managed to ensure a seamless experience.
Scenario 1: Lite Subscription with Additional Scan Packs Upgrading to Pro
1. Lite Subscription and Scan Packs:
Users subscribing to the Lite plan receive an initial allocation of scans (e.g., 5 scans).Users may purchase additional scan packs specific to the Lite plan (e.g., 30 extra scans).
2. Upgrade to Pro Plan:
When a user upgrades from Lite to Pro, the upgrade takes effect immediately.Users lose the scans provided by the Lite subscription plan upon upgrade.Remaining scans from Lite scan packs are handled as follows:
Carrying Over Remaining Scans: The app may allow the remaining scans from Lite scan packs to be carried over to the Pro plan.
3. Usage After Upgrade:Users first exhaust the scans provided by the Pro subscription.Users receive Pro health metrics due to the Pro subscription.Once the subscription scans are exhausted, users may use the additional scan packs.When using carried-over scan packs from the Lite plan, users will see Lite health metrics.
Scenario 2: Pro Subscription with Additional Scan Packs Downgrading to Lite
1. Pro Subscription and Scan Packs:
Users subscribing to the Pro plan receive an initial allocation of scans (e.g., 5 scans).Users may purchase additional scan packs specific to the Pro plan (e.g., 30 extra scans).
2. Downgrade to Lite Plan:
When a user decides to downgrade from Pro to Lite, they must wait until the Pro plan expires.Users have access to scans from the Pro subscription plan until they are exhausted.Remaining scans from Pro scan packs are handled as follows:
Carrying Over Remaining Scans: The app may allow the remaining scan packs to be carried over to the Lite plan.
3. Usage After Downgrade:Users first exhaust the scans from the Lite subscription.Users can then access the additional scan packs purchased while on the Pro plan.When using carried-over scan packs from the Pro plan, users will see Pro health metrics only.
Scanning Priority and Scan Pack Usage
1. Scanning Priority:Scans available from the subscription plan are always prioritized.Scan packs are utilized only after the subscription scans are exhausted.
2. Scan Pack Usage:The usage of scan packs depends on the purchase date of the pack.If a user purchased a Lite scan pack earlier, those scans will be used after the subscription scans are exhausted, in the order they were purchased.
Certain Services may be subject to fees. If fees are applicable, they will be communicated separately, and further terms may apply to such payments.
The Services may include or prompt links to websites, applications, or other products or services operated by third-party service providers ("Third Party Apps"). We neither endorse nor monitor nor guarantee the quality, reliability, or suitability of any such Third Party Apps, which are subject to separate terms of use and privacy policies between you and the service providers offering them. We bear no responsibility or liability for any matters, losses, or damages relating to your downloading, use, or transactions with such Third Party Apps accessible via the Services.
Additionally, the Services may include or prompt third-party advertisements. Such advertisements are paid for by the relevant third-party advertiser and do not constitute endorsements or recommendations by Heal Ai or its affiliates. You should refer to the relevant advertiser for information on its products and/or services. We bear no responsibility or liability for third-party advertisements. Your use of and reliance on such information is at your own risk.
By submitting comments or feedback to us, you agree that we may use, reproduce, and exploit them without any restriction or compensation to you, unless otherwise agreed between you and Heal Ai.
During your use of the Services, you may receive notifications, emails, text messages, alerts, and other electronic communications for various purposes. We are not responsible for any fees that may be charged by your carrier for such communications. These communications will comply with applicable legal requirements.
You acknowledge and agree that these Terms do not constitute an agreement between you and the application stores from which Heal Ai is downloaded. Any disputes or claims related to application stores that are not connected with Heal Ai or your use of Heal Ai are solely your responsibility.
Not for Medical Purposes
OUR SERVICES ARE NOT INTENDED FOR MEDICAL PURPOSES. THEY DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT INTENDED FOR ANY MEDICAL USE. OUR SERVICES ARE FOR GENERAL WELLNESS ONLY.
THE ESTIMATIVE MEASUREMENTS PROVIDED BY HEAL Ai OF PHYSIOLOGICAL AND PSYCHOLOGICAL STATES, INCLUDING HEART RATE, STRESS, AND BLOOD PRESSURE, ARE NOT MEDICAL ADVICE. THEY ARE NOT INTENDED FOR ANY MEDICAL PURPOSES, SUCH AS DIAGNOSIS, TREATMENT, CURE, OR PREVENTION OF DISEASE, AILMENT, OR INJURY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING ANY MEDICAL ADVICE THROUGH OUR SERVICES. ALL CONTENT, INCLUDING MEASUREMENTS, PROVIDED BY OUR SERVICES IS NOTA SUBSTITUTE FOR:
ADVICE FROM YOUR PHYSICIAN OR OTHER MEDICALPROFESSIONALS.
A VISIT, CALL, OR CONSULTATION WITH YOURPHYSICIAN OR OTHER MEDICAL PROFESSIONALS.
IF YOU HAVE ANY HEALTH-RELATED QUESTIONS, YOU SHOULD PROMPTLY CONTACT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER. IN AN EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOUR USE OF OUR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND HEAL Ai OR ANY THIRD PARTY.
No Warranties
OUR SERVICES ARE PROVIDED "AS IS"AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS ORIMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HEAL Ai DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, HEAL Ai MAKES NO REPRESENTATIONS OR WARRANTIES:
THAT OUR SERVICES WILL BE UNINTERRUPTED,TIMELY, SECURE, OR ERROR-FREE.
THAT YOUR USE OF OUR SERVICES WILL MEETYOUR EXPECTATIONS OR REQUIREMENTS.
THAT ANY DEFECTS IN THE SERVICES WILL BECORRECTED.
AS TO THE ACCURACY, RELIABILITY, QUALITY, COMPLETENESS, LEGALITY, USEFULNESS, OR AVAILABILITY OF ANY CONTENT DISPLAYED ORAVAILABLE THROUGH THE SERVICES, INCLUDING THE CONTENT PROVIDED BY THIRD PARTIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEAL Ai, ITS AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, OR OFFICERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES(EVEN IF HEAL Ai HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH:
YOUR USE OR INABILITY TO USE OUR SERVICES.
UNAUTHORIZED ACCESS TO OR ALTERATION OFYOUR DATA.
STATEMENTS, INFORMATION, OR CONDUCT OF ANYTHIRD PARTY.
ANY OTHER MATTER RELATING TO OUR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF HEAL Ai AND ITS AFFILIATES, AGENTS,LICENSORS, EMPLOYEES, AND OFFICERS, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID TO HEAL Ai, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TOSUCH LIABILITY.
You agree to indemnify, defend, and hold harmless Heal Ai and its affiliates, agents, licensors, employees, and officers from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) due to or arising out of:
Your use or misuse of our Services.
Your violation of these Terms or any applicable laws, rules, or regulations.
Your violation of any rights of any third party.
Any User Content you post, upload, store, share, or otherwise provide through the Services.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We may, in our sole discretion, terminate your access to all or any part of the Services at any time, with or with out cause or notice, effective immediately. If you wish to terminate your account, you may do so by following the instructions on the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law principles. Any disputes or claims arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec, Canada.
These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Heal Ai on the Services, shall constitute the entire agreement between you and Heal Ai concerning the Services.
If any provision of these Terms is found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver by Heal Ai of any breach ordefault hereunder shall be deemed to be a waiver of any preceding or subsequentbreach or default.
You may not assign, delegate, or transfer these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign, delegate, or transfer these Terms without our consent shall be null and void. We may assign, delegate, or transfer these Terms, in whole or in part, to any person or entity at our sole discretion without restriction.
Heal Ai shall not be liable for any failure or delay in the performance of its obligations under these Terms caused by any event beyond its reasonable control, including, but not limited to, strikes, lockouts, riots, acts of war, epidemics, governmental regulations, fire, acts of God, equipment failures, internet service provider failures or delays, or shortages of or inability to obtain labor, energy, or supplies.
If you have any questions or concerns about these Terms, please contact us at:
privacy@healai.app
Copyright © [2024] Heal Ai Fz LLC. All rights reserved.
Please retain a copy of these Terms for your records.
Download our app now to access cutting-edge health features, personalized insights, and much more! Take the first step towards a healthier, happier you – it's just a click away. Your well-being journey starts here!
2024 Heal AI. All right reserved.