Terms of Use

Last updated: Oct 18, 2021

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICE.

FaceHeart Corp. (“FaceHeart”, “we”, “us” or “our” and terms of similar meaning) provides the “FH Vitals™” products, including SDK and application (“FH Vitals™ Health Monitor”), and its website located at https://www.faceheart.com/ (“Site”), to help you measure, track and record your personal wellness status including, but not limited to heart rate, heart rate variability, stress index, respiratory rate, oxygen saturation, blood pressure, and atrial fibrillation. We refer to the services provided by or through FH Vitals™ and the Site as the “Services”.

These Terms of Use, together with the FaceHeart Privacy Policy (collectively, the “Terms”, as may be amended from time to time), govern your use of FH Vitals™, the Site, and the Services, which are effective as of the date of your first use of the Services.

 

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and FaceHeart ( the “Company”). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

Changes and Modifications

We reserve the right to, at our sole discretion, modify, discontinue or terminate the Site, Services or FH Vitals™ or to modify these Terms, at any time and without prior notice. Unless otherwise specified, any modifications to these Terms will be effective immediately upon being posted, and your continued use of the Services following any such modifications will be deemed acceptance thereof.

Eligibility

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Privacy Policy

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Accounts

In order to access the Services, you are required to create a personal account by providing accurate, true, current, and complete Personal Data about yourself as prompted by the relevant registration processes or by linking a third-party account (like Google, Apple ID, Facebook, or WeChat). You must promptly update your Personal Data as necessary to ensure it remains accurate, true, current, and complete.

If you provide any Personal Data that is untrue, inaccurate, not current or incomplete, or FaceHeart has reasonable grounds to believe that such Personal Data is untrue, inaccurate, not current or incomplete, FaceHeart has the right to suspend or terminate your access to or use of the Services.

You may be asked to create or you may receive a password and username designation upon completing the registration process. Such passwords or usernames will be for the exclusive and non-transferable use by you. You are responsible for safeguarding the confidentiality of the password and you are fully responsible for all activities that occur under your password or account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

User Content

During your access or use of the Services, you are enabled or otherwise required to post, upload, store, share, send, or display your personally identifiable information and other data (such as your height, weight, age, sex, hypertension status, etc.), profiles, opinions, messages, notes, comments, and any other information and content (“User Content”) to and via the Services.

By making your User Content available on or through the Services you hereby grant FaceHeart 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. 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 the use and provision of your User Content on the Service will not

(i) infringe, misappropriate, or violate a third party’s rights;

(ii) violate any applicable law or regulation or would give rise to civil liability; or

(iii) be fraudulent, false, misleading, or deceptive. FaceHeart 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.

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 general ‘look and feel’, contained in or available through the Services (including, without limitation, Anura and the Site) is called “Content”.

FH Vitals™ grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and to view, copy and print the portions of the Content available to you through the Services solely for your own personal, non-commercial purposes. Such license includes the right to download, install and run a copy of FH Vitals™ Health Tracker on a mobile device that you own or control. Such license is subject to these Terms, and specifically conditioned upon the following:

(i) you may only view, copy and print such portions of the Content for your own use;

(ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (excluding page caching) except as expressly permitted in these Terms;

(iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;

(iv) you may not use any data mining, robots or similar data gathering or extraction methods; and

(v) you may not use the Services or the Content other than for their intended purpose.

Payments

Any of the Services may be or may become subject to payment of fees. If any fees are charged for any part of the Services, these will be notified separately and explicitly to the User. If such payments are subject to other terms, User shall be explicitly informed thereof.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Disclaimers

OUR SERVICES ARE NOT INTENDED FOR MEDICAL PURPOSES.

Our Services are intended for general wellness only.  The Services do not offer any kind of medical advice and are not intended for any medical use or purposes. 

The estimative measurements (“Measurements”) and analysis (“Analysis”) provided to you regarding your psychological state and status, including heart rate, heart rate variability, stress index, respiratory rate, oxygen saturation, blood pressure and atrial fibrillation, should not be treated as medical advice. The measurements we provide to You are not intended to be utilized for any medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, You expressly agree we are not providing any medical advice via our Services. All Content provided by our Services including the Measurements is not intended to be and should not be used in place of the device instructed or recommended by Your physician or other medical professionals. Should You have any health-related questions, please contact Your physician or local emergency services immediately. Your use of our Services does not constitute or create a doctor-patient, therapist-patient or any other healthcare professional relationship between FaceHeart and You.

Accuracy

The Measurements provided to You are based on indicators and standards developed by FaceHeart itself and are only for general wellness purposes, without any representations or warranties, express or implied. While we are making every effort to provide accurate estimative Measurements, we make no warranty and disclaim all responsibility and liability for any accuracy, liability, availability, security, completeness or correct use of Measurements, Content and any other information or results You receive through the Services.

Warranties and Damages

Your use of the services, software (including but not limited to FaceHeart and the site), and content (collectively, the “FH Vitals™”), and any third party apps is entirely at your own risk, and except as described in these terms, are provided “As Is.” To the maximum extent permitted by applicable law, faceheart, its subsidiaries and affiliates, and their third party providers, licensors, distributors, or suppliers (collectively “Suppliers“) disclaim all warranties and conditions, express or implied, including any warranty or condition that the FH Vitals™ or third party apps are or will

(i) Be fit for a particular purpose,

(ii) Be of good title,

(iii) Be of merchantable quality, 

(iv) Meet your requirements,

(v) Be compatible with your device, or

(vi) Not interfere with or infringe or misappropriate any intellectual property rights.

Furthermore, FaceHeart, its subsidiaries and its affiliates and suppliers disclaim all warranties and conditions, express or implied as to the accuracy, reliability, quality of content in or linked to the FH Vitals™. FaceHeart, its subsidiaries and its affiliates and suppliers do not warrant that the FH Vitals™ is or will be secure, free from bugs, viruses, interruption, data loss, errors, theft or destruction.

Some provinces do not allow the exclusion of implied warranties or conditions, so the above exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from province to province.

We have no responsibility or liability for any improper use or misuse of the services (such as any unauthorized measurement of any other people without explicit consent of the latter), or use of the services for any unintended purpose).

Termination

Without prejudice to any other rights, FaceHeart may terminate this agreement without notice with immediate effect, in case of violation of the Terms by the User. In the event of termination, FaceHeart may delete any data, including measurements or any other outcomes of the Services as well as User Content.

The User may terminate the agreement at any time by uninstalling the Services from his/her mobile device’s internal memory or ceasing to use the Services and notifying FaceHeart. All provisions of the Terms concerning disclaimers, waiver of rights, warranty, limitation of liability, remedies or compensations as well as ownership shall survive termination of the agreement.

If the agreement is not terminated by either you or FaceHeart, it shall continue for an indefinite period, unless any law stipulations require it to expire earlier.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some States do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these States, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: 

(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; 

(ii) that the Service will be uninterrupted or error-free; 

(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or 

(iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to 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 Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: