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 of age or authorized to use the App under the law of your country of residence;
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.
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-)
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
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
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.
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
Modification of Terms
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.
Limitation of Liability and Damages
Any claim relating to the app shall be governed by the laws of Switzerland without regard to its conflict of law provisions
Sole point of contact
Please contact Biovotion via firstname.lastname@example.org 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!