1. GENERAL


Wearable Health Plc, a Hungarian company with its registered seat at 1054 Budapest, Aulich utca 7, Hungary ("Heartbit") has created a compact measurement device ("Heartbit Device"), mounted on the garments, capable of recording and assessing a real-time ECG and heart rate. With the help of the Heartbit Device it is possible to provide you with specific analytical data regarding your physical condition in a clear and easily understandable format that may aid you in reaching your fitness goals and provide help in detecting potential cardiac anomalies requiring professional medical attention.

The Heartbit Device can only be used with the HeartBit Application ("Application") and your individual account created when you choose to register with the Application ("Account"). Additionally, creating your Account also provides you access to a separate web based platform, where you can view the details of your individual exercise sessions ("Member Zone") (the Application and Member Zone collectively, the “Heartbit Services”). The Heartbit Services are accessible only through registration with the Application.

These Terms and Conditions (“Terms”) will govern your access and use of the Heartbit Services. Use of the Heart Services requires that you accept these Terms by which you enter into a legally binding agreement with Heartbit. If you are deemed as a minor under the legislation of your country, you should review these terms and conditions with your parent or legal guardian and get their prior approval for registration and/or use of the Heartbit Services.

Please read these Terms carefully. If you do not accept these Terms, do not create an Account or use the HeartBit Services.

Also please read our Privacy Policy which lays out what personal data we collect from you when you use the HeartBit Services, how we process and use the data, and where we store it. The Privacy Policy also details your rights regarding privacy and outlines who can access your data, where to get help, and how you can change your settings. You need to read the Privacy Policy before signing up for the Application and starting to use the HeartBit Services. You may access the Privacy Policy through this link: privacy policy

2. CREATING YOUR ACCOUNT


To use the Heartbit Services, you have to create an Account with the Application through your already existing Facebook or Google profile.

Upon the registration, the Application will collect and request you to provide the mandatory data in accordance with the Privacy Policy.

Heartbit Services will not be available for persons under the age of 16 due to applicable data protection regulations. Accordingly, potential users under the required age limit will not be able to register with the Heartbit Services and create an Account. Heartbit undertakes no responsibility for the validity of the provided age of the potential user.

You are responsible for all activity that occurs in association with your Account. Heartbit is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Account credentials. Please contact us if you discover or suspect any security breach related to the Account.

If, at any time, you wish to stop using the Heartbit Services and delete your Account, you can do so directly in the Application. Please note that once your Account is deleted, all your information, personal data and recorded exercises will be permanently lost and cannot be recovered after deletion.

3. USE OF THE HEARTBIT DEVICE AND THE HEARTBIT SERVICES


The Heartbit Services are intended for your personal, non-commercial use. Heartbit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Heartbit Device and the Heartbit Services in accordance with these Terms.

You will not use, sublicense, copy, adapt, modify, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Heartbit Device or the Heartbit Services or any portion thereof (including any third-party software used for Heartbit Services), 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 Heartbit or its licensors, except for the licenses and rights expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Heartbit Services: (a) use, display, mirror, or frame the Heartbit Services or any individual element within the Heartbit Services, including the layout and design of any page, without Heartbit’s express written consent;

(b) use Heartbit’s name, any Heartbit trademark or logo, or any Heartbit proprietary information without Heartbit’s express written consent;

(c) access or tamper with non-public areas of the Services, Heartbit’s computer systems, or the technical delivery systems of Heartbit’s providers;

(d) test the vulnerability of any Heartbit system or breach any security or authentication measures;

(e) circumvent any technological measure implemented by Heartbit or any of Heartbit’s providers or any other third party (including another user) to protect the Heartbit Device or the Heartbit Services; or

(f) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Heartbit provides to you or any other part of the Heartbit Services.

The Heartbit Services are designed to be used exclusively with the Heartbit Device together. You may not connect to the Heartbit Services with any device other than a Heartbit Device. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Heartbit Services. If you have questions about whether a device is a Heartbit Device, please contact info@theheartbit.com.

To use the Heartbit Services, you need a Heartbit Device and a smartphone (or smartwatch wich is able to run the Application and is able to connect to the Heartbit Device) and tablet or computer to create and manage your Account. Together, the Heartbit Services and the Heartbit Device creates a system that stores all your training and activity data based on your synchronization settings and preferences.

Heartbit Services are mainly for physical training and improving fitness. Please note that if you have any medical conditions, you are uncertain whether you can engage in any physical exercise, or you don’t know which sports would be suitable for you, you should consult your doctor. Heartbit is not responsible for your health and cannot guarantee that you are able to train.

As a user of the Heartbit Services, you may receive important notices from time to time. These important notices are essential information concerning our products and services and their use. For this reason, it is not possible to opt out of receiving them.

Using the Heartbit Services will result in internet data usage. You are responsible for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges.

4. DELETING THE ACCOUNT


You may stop using the Heartbit Services at any time by clicking the "DELETE ACCOUNT" button in the Application. If you want to save your data, this must be done before your account is deleted. Deleted data cannot be recovered, since applicable legislation prohibits us from storing or processing personal data after a user has decided to delete its Account, thereby revoking consent for the processing of personal data.

If you breach these Terms, Heartbit may cancel your user rights, in which case your account and data will be deleted.

5. CONTENT OF THE HEARTBIT SERVICES


Except for any User Content (as defined below), the content on Heartbit Services, such as images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials that are posted, generated, provided, or otherwise made available through the Heartbit Services (“Content”) are owned or licensed by Heartbit and protected under copyright and other intellectual property right laws. All names, trademarks, and service marks appearing on the Content are owned by Heartbit or a third party that has granted the license to Heartbit. Any rights to the Content not expressly granted herein are reserved.

All Content is for your personal non-commercial use only and may not be used, modified, reproduced, transmitted, published, sold, licensed or distributed to any third parties, or exploited in any other way without the written consent of Heartbit or the third-party right holder. You agree not to remove any copyright or other proprietary notices if you download or print Content. You also agree not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content.

6. USER CONTENT


As stated above, you may transmit data gathered with the Heartbit Device to the services provided by Heartbit. The data gathered with and registered by the Heartbit Device is transmitted to the Heartbit Services on an as-is basis.

In addition to the data transferred by you from the Heartbit Device, you may also save or post on some of the Heartbit Services content or other material that you have created yourself, such as images, text, music, comments related to the Heartbit Services and data on your training sessions on social media platforms. All the content you yourself have submitted, saved, or transferred to the services provided by Heartbit is hereinafter referred to as “User Content”.

By saving, submitting, or transferring content to Heartbit Services, you are granting Heartbit an uncompensated, global, transferable, sub-licensable right to use, reproduce, present in public, edit, translate, and share your User Content. Excluding the rights related to your personal data, the rights you have granted to Heartbit are irrevocable. Please note that even after you have closed your user Account and your personal data has been deleted from Heartbit systems, material such as comments posted on discussion forums may remain visible. However, before deleting your Account, you can always remove User Content you have submitted to the Heartbit Services, including any comments posted.

By submitting User Content to the Heartbit Services and using the Heartbit Services, you represent and warrant that:
(a) you do not submit anything that is unlawful, defamatory to any individual or community, offensive, abusive, libelous, threatening, pornographic, harassing, improper, racially or ethnically offensive or otherwise unfit for publication, or anything that encourages to any illegal activity, criminal offense or civil liability, considering, in particular, that the User Content submitted by you may be accessible by and visible to minors as well;

(b) you hold all rights related to the User Content submitted by you to the Heartbit Services or otherwise have the right to submit the content to the services provided by Heartbit and to grant Heartbit the license set forth in this section to the content you have submitted;

(c) you will not disrupt the flow of discussions amongst members with abusive or otherwise inappropriate language, or by other means used for these purposes;

(d) User Content submitted by you does not contain any harmful software code (e.g, viruses, backdoors etc), file, program or programming routine, or other contaminating or destructive features;

(e) User Content submitted by you does not contain advertisements or business proposals, promotional material, chain letters, spam, pyramid schemes or other scams;

(f) you do not use your Account or the User Content submitted there for data collection or for stalking or harassing other users;

(g) User Content submitted by you does not infringe any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights

(h) you do not obtain or try to obtain unauthorized access to any Heartbit computer systems or those of other users using the Heartbit Services;

(i) you agree not to take action against Heartbit in relation to User Content that you submit; and

(j) you do not use and fully rely on the Heartbit Services for life critical or medical purposes.

In addition, Heartbit requires you to use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos submissions to the Heartbit Services or other social media platforms where you have the ability to post User Content. Please note that privacy laws may protect individuals with respect to their being photographed or otherwise recorded, so please respect the privacy of others by asking for and obtaining their consent to be photographed or otherwise recorded, as well as for your submissions of photos or recordings to the Heartbit Services. Any use of the Heartbit Services, Content and User Content which does not comply with the foregoing is strictly prohibited. Heartbit expressly denies any liability arising out of or relating to the User Content.

For written notifications of any other User Content which is inappropriate, unlawful, defamatory, offensive, abusive, or otherwise unfit for publication, please write to us at info@theheartbit.com stating your full name and address, details of the location of the User Content in question and as detailed as possible an explanation of why it is inappropriate, offensive, or unlawful. Heartbit may remove or moderate any User Content that in the sole judgment of Heartbit violates the Terms or which may be offensive, illegal, or violate the rights of, or harm or threaten the safety of, any person. However, Heartbit assumes no liability if some User Content is inappropriate, unlawful or otherwise unfit for publication.

7. DIRECT MARKETING


In an effort to keep you updated on important news, products, and promotions, you will have the opportunity to subscribe to our newsletter. You will have the right and ability to opt out of receiving our newsletter at any given time. We will not send you newsletters without your consent. You can update this consent by following the “unsubscribe” instructions in every individual newsletter received, whenever you like. Heartbit will not provide or share any mailing lists to third parties for promotional purposes.

8. DISCLAIMER


Heartbit is providing the Heartbit Services, the Content and the User Content on an “as is” basis. We do not guarantee that the Heartbit Services will be uninterrupted or error- or virus-free. Heartbit reserves the right to revise the Heartbit Services or deny access to them at any time without notice. Heartbit expressly disclaims any express or implied warranties including, without limitation, warranties of title, non-infringement, fitness for a particular purpose, availability, accuracy, reliability or content of the Heartbit Services. You agree and acknowledge that use of the Heartbit Services is at your sole risk and that you are exposed to User Content from various sources. Heartbit assumes no liability or responsibility for any User Content or information provided by other users of the Heartbit Services.

Except for liability for death or personal injury or damages caused by intentional misconduct or gross negligence, Heartbit, its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, punitive or consequential or other damages, lost profits, business revenue, goodwill, anticipated savings, or data, caused by the use of or inability to use the Heartbit Services even if the possibility of such damages has been advised. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability is in such cases limited to the greatest extent permitted by the respective applicable law. These terms are governed by the laws of Hungary. In the event you access the Heartbit Services from a jurisdiction other than Hungary, you are solely responsible for complying with the respective applicable local laws.

User’s responsibilities

You are responsible for your use of the Heartbit Services. You agree to defend, indemnify and hold harmless Heartbit, its affiliates, officers, directors, employees and agents and other users from and against any and all third-party claims and all liabilities, losses, costs, or damages resulting from or arising out of your actual or alleged breach of these Terms, or your actual or alleged infringement or violation of any intellectual property, other rights, or privacy of a third party.

If you rely on any Content or the Heartbit Services, you do so solely at your own risk. Our goal is to provide helpful and accurate information on the Heartbit Services, but we make no endorsement, representation, or warranty of any kind about any Heartbit Services, information, or services. The accuracy of the data collected and presented through the Heartbit Service is not intended to match that of medical devices or scientific measurement devices. Always consult your doctor or licensed medical professional in case you wish to receive professional advice about your health.

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Heartbit Services. Content and the Heartbit Services may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.

Use of the Heartbit Service should not replace your good judgment and common sense.

The Heartbit Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the Heartbit Service, engaging in an exercise program, or changing your diet. If you experience a medical emergency, stop using the Heartbit Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Heartbit Service. If you engage in any exercise program you receive or learn about through the Heartbit Service, you agree that you do so at your own risk and are voluntarily participating in these activities.

As is also the case for the Heartbit Device, prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. To reduce irritation, make sure you keep your garments and Heartbit Device clean, dry, don’t wear it if the garment is too tight, and always give your chest adequate time to rest by removing the Heartbit Device for at least an hour after extended wear. If you notice any skin irritation or stiffness in your chest while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.

When using the garments provided for the Heartbit Device, please always make sure to follow the care instructions of the garments found in the labels of each garment. Not adhering to care instructions of the garment may result in unwanted damage of the garment. Heartbit takes no responsibility for damage of the garment resulting out of inproper use or use not according to the instructions provided on garment care labels.

When using the lubricant provided for the garments, please always make sure to follow the care ad use instructions displayed on the labels of the lubricant's container. Not adhering to instructions of the lubricant may result in unwanted damage of the garment. Heartbit takes no responsibility for damage of the garment resulting out of inproper use or use not according to the instructions provided on the label of the lubricant. WARNING: THE LUBRICANT IS NOT EDIBLE AND IS NOT FIT FOR CONSUMPTION IN ANY WAY! KEEP AWAY FROM CHILDREN OR ADULTS UNABLE TO DISCERN IF THE LUBRICANT IS EDIBLE OR NOT. IN CASE SWALLOWED IMMEDIATELY CONTACT A MEDICAL PROFESSIONAL. ALWAYS WASH YOUR HANDS AFTER USING THE LUBRICANT AND KEEP AWAY FROM FACE, EYES AND MOUTH AREA.

When using the charging port or other electronic accessories for the Heartbit Device, please always make sure to follow the care instructions of these accessories found on the labels of each accessory. Not adhering to care instructions of the accessory may result in unwanted damage of the accessory. Heartbit takes no responsibility for damage of the accessory resulting out of inproper use or use not according to the instructions provided for the accessories. WARNING! THE CHARGING PORT OR OTHER ELECTRONIC ACCESSORIES USE ELECTRICITY. PLEASE ALWAYS MAKE SURE TO USE ADEQUATE SAFETY PRECAUTIONS WHEN DEALING WITH ITEMS UNDER ELECTRICAL CHARGE! KEEP AWAY FROM CHILDREN!

Force Majeure
Heartbit shall not be liable for any non-performance of its contractual obligations in the event and to the extent that such non-performance is due to an event or condition not reasonably foreseeable, and which events are not within its control, which effects cannot reasonably be avoided or overcome (hereinafter “Force Majeure”).

Force Majeure shall include (but is not limited to) war, emergency situations, riot or other crises, provision of emergency information during crises or in disturbances of normal situations, sabotage or threat of sabotage, dangerous epidemic, storm, flood, or other inclement weather or other natural event (disaster), fire, explosion or other similar accidents, strike, lockout, boycott and other industrial actions (including internal strikes of a party), legislative changes, action or failure to act on the part of authorities, exchange restrictions, restriction of export and import, interruption of general supply of energy, general unavailability of transport facilities, interference of communications networks, defects or delays in transfer connections or other connections or equipment acquired from third parties or in control of third party or other similar reason beyond the control of Heartbit.

9. TRANSFER OF RIGHTS


Heartbit shall have the right to assign its rights and obligations related to these Terms to a third party without your prior written consent, but may not be assigned by you without Heartbit’s prior written consent.

10. GENERAL TERMS, APPLICABLE LAW AND SETTLEMENT OF DISPUTES


The Heartbit Services shall be governed by the laws of Hungary without regard to conflict of law provisions. You agree that any dispute arising out of these Terms and the Privacy Policy shall be resolved exclusively in the courts of Hungary. These Terms together with any special terms and conditions applicable to the Heartbit Services you use constitute the entire agreement between you and Heartbit regarding the use of the Heartbit Services. The failure of Heartbit to exercise any rights of these Terms shall not be considered as a waiver of such rights. If any provision of these Terms is considered unlawful or void, these Terms will apply in all other respects excluding the provisions deemed invalid.

Hearbit reserves the right to unilaterally modify these Terms anytime.

If you have any questions concerning these Terms, please contact info@theheartbit.com.

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