Terms of Use

Last Updated: December 1, 2016.

Cardiio, Inc. (“Cardiio”, “we”, “us”, or “our”) provides a website at cardiio.com (the “Site”) and a mobile software application, “Cardiio-Heart Rate Monitor + 7 Minute Workout Exercise Routine for Cardio Health and Fitness” (the “App”). The following terms and conditions (“Terms of Use”) govern your access to and use of the following services: Site, the App, and all software, services, data, or Content associated with the App or the Site (collectively, the “Services”).  For purposes of these Terms of Use, the term “Content” means any text, graphics, images, music, audio, video, works of authorship of any kind, and data, information or other materials that are posted, generated, provided, or otherwise made available through the Services, including user generated content. These Terms of Use constitute a binding legal agreement between you and Cardiio. 

 

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

 

Eligibility
You may access and use the Services only if you are 13 years or older.

 

Modification
Cardiio reserves the right, at its sole discretion, to modify or terminate the Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site. By continuing to access or use the Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease accessing and using the Services.

 

Warning: Not for Medical Use
If knowing your pulse rate (heart rate) is critical to your health, you need to have your pulse taken by a medical professional.  The App is not intended to diagnose, cure, mitigate, treat, or prevent any condition, or to be a substitute for professional medical care. Measurements and statistics are intended for informational and educational purposes only, to support general health and wellness.  The App has not been tested with individuals with health conditions, is not a clinical pulse oximeter and has not been cleared or approved by the U.S. Food and Drug Administration. 

 

Not Medical Advice & Other Important Considerations
CARDIIO DOES NOT PROVIDE MEDICAL ADVICE. THE SERVICES ARE NOT PROVIDED IN THE COURSE OF A PROFESSIONAL RELATIONSHIP BETWEEN A HEALTH CARE PROVIDER AND A PATIENT AND IS NOT INTENDED TO CREATE ANY PATIENT RELATIONSHIP, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT AVAILABLE ON THE SERVICES OR THE RESULTS YOU RECEIVE THROUGH THE SERVICES. You understand and agree that the Services and any other information you learn from Cardiio are not intended, designed, or implied to diagnose, cure, mitigate, treat, or prevent, any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care, and you understand and agree that the Services are intended for research, informational, and educational purposes only. You acknowledge and agree that Cardiio urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from the Services or the results therefrom. If you have an emergency medical condition, call 911 immediately. 

Physical Activities

Cardiio cares about your safety. You should consult with your physician and consider the associated risks before using our Services in connection with any physical activity, wellness, or fitness program. By using our Services, you agree, represent and warrant that your physician has notified you that you are able to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.

Accuracy

The Services are intended to provide you with information that relates to maintaining or encouraging a general state of health or a healthy activity.   The data and information provided by the Services are intended to be a representation of your metrics, but may not be completely accurate, including with respect to endurance score, fitness level, how you stack up, age- and gender-specific comparison, target heart rate, waveform, heart rate and calorie data. The potential life expectancy feature is a hypothetical calculation that is purely an estimate and not intended to measure accurately life expectancy. 

The heart rate readings are for reference only, and Cardiio is not responsible for the consequences of any erroneous readings. Heart rate measurements should only be taken when you are still and not during an activity such as exercise. There are inherent limitations with the App’s heart rate measurement technology that may cause some of the heart rate readings to be inaccurate under certain circumstances. These circumstances include the user’s physical characteristics, the user’s health conditions, the positioning of the user’s finger or face, movement of the user or device, tremors, temperature, altitude, ambient lighting, and the type and intensity of the activity. 

The App is not a medical device, and the information and data provided by the Services are not intended to be utilized for medical purposes and are not intended to diagnose, cure, mitigate, treat, or prevent any disease.

 

Ownership
The Services and the Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Cardiio and its licensors exclusively own all right, title and interest in and to the Services and the Content, including all associated intellectual property rights.

 

Content License
Subject to your compliance with the terms and conditions of these Terms of Use, Cardiio grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or the Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cardiio or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

 

General Prohibitions
You agree NOT to do any of the following:

  • Send or provide any illegal content through the Services; 
  • Use, display, mirror or frame the Services, or any individual element within the Services, any Cardiio trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page;
  • Access, tamper with, or use non-public areas of the Services, Cardiio's computer systems, or the technical delivery systems of Cardiio's providers;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Services or the Content;
  • Use the Services or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or the Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Violate any applicable law or regulation;
  • Encourage or enable any other individual to do any of the foregoing.

 

Privacy
Your use of our Services is subject to Cardiio’s Privacy Policy, and its terms are made a part of these Terms of Use by this reference. Cardiio’s Privacy Policy is available at https://www.cardiio.com/privacy/.

 

Disclaimers
EXCEPT WHERE PROHIBITED BY LAW, CARDIIO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. 

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY OF THE SERVICES OR ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, VIRUS- OR ERROR-FREE OR FREE FROM OTHER HARMFUL ELEMENTS OR (III) ERRORS WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY OUR AGENTS OR US DOES NOT AND WILL NOT CREATE ANY WARRANTY. YOU THEREFORE EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CARDIIO CANNOT BE HELD LIABLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR PHYSICIAN BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICES, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES OR THE CONTENT IS AT YOUR OWN RISK.

 

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CARDIIO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARDIIO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL CARDIIO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT YOU PAID TO CARDIIO FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms of Use. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

 

Indemnity
To the extent authorized by law, you agree to indemnify and hold harmless Cardiio, its employees, officers, directors, affiliates, and agents from and against any and all claims, disputes, demands, liabilities, losses, damages, and costs and expenses, including, without limitation, reasonable legal and accounting fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms of Use, or (b) your access to or use of the Services or the Content.

 

Miscellaneous.
These Terms of Use and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the federal or state courts located in Suffolk County, Massachusetts, 
and each of the parties hereto consents to the personal jurisdiction and venue in such courts. These Terms of Use constitute the entire and exclusive understanding and agreement between Cardiio and you regarding the Services and the Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Cardiio and you regarding the Services and the Content. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Cardiio's prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. The failure of Cardiio to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that or any other right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cardiio. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

 

Contacting Us
If you have any questions about these Terms of Use, please email us at info@cardiio.com.