Biovotion's Terms of Use for Applications and Services

Purpose

Biovotion AG ("Biovotion", "us", "we", "our") provides services around health monitoring to users such as yourself ("you", "your"). These Terms of Use ("Terms") govern your use of our mobile application(s) (collectively, the "App").

Agreement

These Terms of Use are a contract between you and Biovotion AG company with a principal place of business at Kreuzstrasse 2, 8008 Zurich, Switzerland. The Biovotion's Terms of Use may apply to You by using the mobile application (App) which connects to the connected device (Everion) to collect data, visualize it on the app and upload it to the Biovotion cloud storage services. By downloading our mobile application, these terms will automatically apply to you — you should make sure therefore that you read them carefully before using. If you do not agree to these Terms do not use the App.

Our Products must be used in accordance with the User guide attached to it.

As a user of the App, You, acknowledge and guarantee:

  • That You have obtained and read a copy of the Biovotion Terms and Conditions
  • To be in possession of the Biovotion Terms of Use on a durable media especially, but not limited to, by printing them out; Durable media means any instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored
  • To be of age or authorized to use the App under the law of your country of residence;
  • That you agree with, and do not object with any clause or part of the Terms of Use
  • That by using the App you do not object with any clause or part of the Biovotion Terms of Use

Licence

Biovotion grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Biovotion Content, (2) access and use the mobile applications provided by Biovotion as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the App as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Biovotion Content, the App or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Biovotion or its licensors, except for the licenses and rights expressly granted in these Terms.

Ownership and IP

Biovotion owns the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the App. You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without Biovotion's prior written consent except to use the App for its intended purposes. Warranty disclaimer on the mobile application The mobile application is provided "as is". Any use of the App is at your own risk and account. To the maximum extent permitted by law, Biovotion disclaims all warranties of any kind; either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, any implied warranty of non-infringement. Biovotion does not warrant that the functions contained in the mobile application will meet any requirements or needs you may have or that it will operate error free, or in an uninterrupted fashion, or that any defects or errors in the mobile application will be corrected, or that the mobile application is compatible with any particular platform.

Warranty on Biovotion connected devices

The use of the Biovotion's connected device is governed by the warranty and instructions for use as provided together with such device.

Data Access

By using the App, you may allow Biovotion, or any third party designated for this purpose, to store data collected when using the App. You may not be able to access your data at all time, as we cannot guarantee you that your data will be available forever. We therefore recommend you to frequently download and save your data from the cloud service though the means provided in the web interface application. (https://biovotion.zendesk.com/hc/en-us/articles/213592609-How- can-I-export-download-my-data-from-the-cloud-to-my-computer-)

Privacy policy

Your privacy is important to us. Please read the Biovotion Privacy Statement as it describes the types of data we collect from you and your devices and how we use your data. The Privacy Statement also describes how Biovotion uses your data submitted by you to Biovotion via the App. By using the App or agreeing to these Terms, you consent to Biovotion's collection, use and disclosure of your data as described in the Privacy Statement

Functionality

Full use of the App is dependent upon your use of a mobile device with adequate software and internet access. The maintenance and security of this equipment may influence the performance of the Biovotion Service and it is your responsibility to ensure the equipment's functionality. Use of the mobile application does not include the provision of a mobile device or other necessary equipment to access it.

Biovotion is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to parts of it like the mobile application or to charge for app services, at any time and for any reason. We will never charge you for the mobile application or its services without making it very clear to you exactly what you're paying for.

Your identification trough an account is requested before any connection, access and use of the App. By connecting the mobile application and the device, you identify yourself as the user of the device. This connection allows you to:

  • Link data collected by the hardware to your account
  • Have access to your data though the interface of the mobile application
  • Save your personal data in our data center (cloud service) in accordance with our Privacy Policy

Should you create an account, you are requested to follow a set of requirements to avoid that a third party will have access to your account. Therefore, you must verify that your password is sufficiently secured, disconnecting your session when you disconnect from the device will further increase security. Access to your account and/or any other means at your disposal to get connected to the mobile application is made under your own liability. We remind you that access to your account can provide access to your personal data.

The App processes personal data so the services can be provided. It's your responsibility to keep your phone and access to the mobile application secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the Biovotion won't work properly or at all. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e-mail.

You should be aware that there are certain things that Biovotion will not take responsibility for. Certain functions of the mobile application, such as the ability to upload your data, download and store your data will all require having an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Biovotion cannot take responsibility for the mobile application not working at full functionality if you don't have internet access.

If you're using the mobile application outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will apply. Thus, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the mobile application, or other third party charges. In using the mobile application you're accepting responsibility for any such charges, including roaming data charges if you use the mobile application outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the data plan, please be aware that we assume that you have received permission from the bill payer for using the mobile application.

You should also remember that the App's vital signs display is not a medical device and the data are displayed and recorded for your personal information only it doesn't replace a physician's professional opinion if you have any medical conditions. The Biovotion Service should not be used as a substitute for a visit with a healthcare professional. The information provided is not intended as a substitute for professional medical advice. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on the mobile application.

Updates

At some point, we may wish to update the App. The App is currently available on iOS — the requirements to the system (and for any additional systems we decide to extend the availability of the mobile application to) may change, and you'll need to download the updates if you want to keep using the mobile application.

Biovotion does not promise that it will always update the mobile application so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you must always accept updates to the application when offered to you, we may also wish to stop providing the mobile application, and may terminate use of it at any time. In case of such termination Biovotion intends to provide notice ahead of time. Unless we tell you otherwise, upon any termination, the rights and licenses granted to you in these terms will end; you must stop using the mobile application, and (if needed) delete it from your device.

Third party websites and Apps

The App may provide links or references to websites and apps operated by third parties. Biovotion does not monitor such websites and is not responsible for the content, functionality, or practices of such websites. If you access these third party websites (through this App), you do so at your own risk. We advise you to read the terms of use and privacy policies on those third party websites. You agree that Biovotion has no liability for any damage or loss of any type that is a result of your use of a third party website.

Modification of Terms

Biovotion reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the mobile application after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Use, such amended terms will automatically be effective thirty days after they are initially posted on the Website.

Alerts and Notifications

As part of your use of the App, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You are responsible for any messaging or data fees you may be charged by your wireless carrier.

Termination

Biovotion reserves the right to limit, suspend or terminate your account and/or your access to the App at any time without notice. You agree that Biovotion will not be liable to you or any third party for any such limitation, suspension or termination. Your only remedy with respect to any dissatisfaction with (i) the App (ii) any term of these Terms of Use, (iii) any policy or practice of Biovotion in operating the App, or (iv) any content or information transmitted through the App, is to terminate these Terms of Use and your account. You may terminate these Terms of Use at any time by contacting Biovotion Customer Service to inactivate your account and/or discontinuing use of the App. Any suspected fraudulent, abusive or illegal activity by you may be referred to appropriate law enforcement authorities.

Limitation of Liability and Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIOVOTION OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THE BIOVOTION SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THE BIOVOTION SERVICE OR ANY MATERIALS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF BIOVOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE,BIOVOTION SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIOVOTION'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE BIOVOTION SERVICE WILL, IN NO EVENT, EXCEED THE AMOUNT PAID BY YOU OR YOUR ORGANIZATION DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, save, and hold Biovotion, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein.

Governing Law

Any claim relating to the app shall be governed by the laws of Switzerland without regard to its conflict of law provisions

Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.

Sole point of contact

Please contact Biovotion via support@biovotion.com for any questions, support, product claims and third party intellectual property claims related to this Service or these Terms of Service.

Enjoy the Biovotion App!