TERMS OF SERVICE APPLICABLE TO QARDIO +

Effective date.

The Effective Date of this Terms of Service is 18 July, 2022.

Qardio, Inc., Qardio Europe Ltd. and Qardio Netherlands B.V. as applicable, may be referred to in these Terms of Service as “Qardio,” “we” and sometimes “us”.

These terms of service (“Terms”) cover your use and access to the Qardio + services as defined below (“Services”), provided by Qardio.

QARDIO + Services.

The Services include without limitation the use of the extended version of the Qardio App, comprising the following features:

  • ­Auto generated health summary reports.

  • ­Automatic sharing with Providers.

  • ­Medication tracking.

  • ­Extended app showing data enriched with weather, temperature and air quality information.

The Services also include:

  • ­Device replacement program.

  • ­­Dedicate customer support.

Qardio may decide to include additional features at any moment, pursuant to the provisions laid out in the section “Termination, discontinuation, modification of the service”.

THE SERVICES CONSISTING OF PROVIDING HEALTH SUMMARY REPORTS AND SHARING THEM WITH PROVIDERS ARE IN NO CASE OF A DIAGNOSTIC NATURE, AND ARE LIMITED TO THE RECORDING, STORAGE AND TRANSMISSION OF DATA TRANSMITTED BY THE QardioArm DEVICE.

THE SERVICES CONSISTING OF MEDICATION TRACKING ARE IN NO CASE OF A DIAGNOSTIC NATURE, AND ARE LIMITED TO THE RECORDING, STORAGE AND TRANSMISSION OF DATA PROVIDED BY THE USER.

In the event of any inconsistency between these Terms and other applicable Qardio terms these Terms shall prevail.

Use of the Service: Eligibility.

Only persons over 18 years of age may use the Services. By agreeing to these Terms, you warrant to us that you are 18 years of age or older, have not violated the rules for use of the Services, do not reside in a country subjected to sanctions or any other measures that would deemed you non-eligible as recipient of the Services and have a device and connection compatible with the Services (see “Compatibility & Updates” section).

You must also have a Qardio account and a QardioArm device to use the Services.

The use of the Qardio + requires downloading the Qardio App from the Apple Store. Please take into account that the terms of the app marketplace also apply, which might have an influence in accepted method payments, subscription or autorenewal regimes, among other elements.

Subscription & Payment.

You can subscribe to the Qardio+ Services through the payment of a monthly or annual fee. Qardio may decide, at any time, to include additional subscription plans or promotions, which will be subject to its own terms.

The first time you subscribe to the Services you may enjoy a free promotional period (the “Promotional Period“). Please note that the duration of the Promotional Period offered by Qardio may vary, but the duration applicable to your subscription will be showed to you prior to finalising your purchase of the subscription.

For applicable payment methods, autorenewal and returns you recognise that additional third party terms linked to Apple Store will apply to you. You also recognise that payment methods are managed by Apple Store and that Qardio does not keep any payment method data.

Prohibited conduct.

In addition to our Acceptable Use Policy, you undertake to the following:

  • ­Your use does not violate Qardio’s rules of use and any other regulations applicable to you.

  • ­You will not use any method to scrape or extract information from Qardio’s systems by any other method not authorised by Qardio.

  • ­Interfere with the security, availability, confidentiality, authenticity or integrity of Qardio’s systems. This includes the introduction of malware, or any other programs intended to interfere with the above.

  • ­Modify or exploit the elements subject to Qardio’s intellectual or industrial property without due authorisation from Qardio.

Compatibility & Updates.

While Qardio+ may not be available for all devices and operating systems, the Services are designed to be compatible with current iOS version. If your operating system (iOS) has not been updated to the last stable version, we cannot guarantee that you will have full nor partial access to the Services. You recognise that Qardio, and/or the OS providers and/or the app store providers might deprecate older versions of iOS, precluding the partial or full use of the Services.

If your device is not compatible with Qardio+ due to OS deprecation or any other issue that cannot be solved by updating your device, you may ask for a refund of the amount paid for the subscription. Please read the section “Termination, discontinuation, modification of the service” for issues relating to deprecation of certain Services.

In order to use the Services, you must have internet access on the device from which you access the Qardio+ Services.

Qardio+ Services that constitute digital services will be updated in order to maintain adequate functionality in accordance with the features offered at the time you purchased the Services. Additional functionalities are not within the scope of these updates, unless otherwise indicated by Qardio.

Please note that if you do not install the updates provided by us within a reasonable period of time, Qardio will not be liable for any non-compliance that may occur.

Please note that our commitment to update the Services may be terminated in accordance with the provisions of the section “Termination, discontinuation, modification of the service”.

Qardio Services might experience outages at some points due to various reasons, including failure by third parties to provide its services. During disruptions of the Services we will do our best to keep you informed on the nature of the issue and the estimated time of resolution.

Device Replacement Program.

When you subscribe to Qardio +, under an annual subscription, you will benefit from the right to have your QardioArm device to be replaced, no questions asked. Such right will extend until the end of the first year from the purchase date of your QardioArm device, will be limited to one (1) replacement and have a fixed cost of 15$. You can request the replacement via email at support@qardio.com

The Device Replacement Program is independent from and additional to the provisions laid out under the section “Limitation of liability & Warranty”.

Dedicated customer support.

Qardio + subscribers will receive dedicated customer support at support@qardio.com, which will prioritize their inquiries over the rest of subscribers to the Qardio App. Please take into account that during periods of peak demand support times might increase.

Qardio Arm Case.

You will receive a QardioArm Case when you subscribe to our Qardio + Services. You will be sent a QardioArm Case after your Promotional Period has finalised.

Please take into account that delivery of the QardioArm Case could take some time, depending on your country of residence, limitations on transport logistics or any other contingencies.

Privacy Policy.

For complete information on how we process your personal data, please see our Privacy Policy.

User content.

You grant us permission to use the content you upload to our systems (profile picture, name, birthdate…) in order for us to render our Services. For more information on how we process your personal data please refer to our Privacy Policy.

Third Party Services and linked websites.

You recognise that third party links and websites do not fall under our control and that we are not responsible for the contents provided therein.

Qardio may provide you with tools to export your blood pressure data and share it with third party applications or services. Upon your use of the export features, you grant us an authorization as broad as necessary to process your blood pressure data to that end and warrant that such processing is authorised in your jurisdiction.

Termination, discontinuation, modification of the service.

You recognise that we may modify -including deprecation of one or various Services- or terminate the Services at any time under the provisions of our Terms and Conditions (see sections “Right to Modify the Services” and “Termination”).

You and Qardio may cancel the Services under the terms set in our Commercial Terms, section “Cancellation of a Product or Product Subscription”. Please note that Play Store and/or Apple Store may provide you with additional options to cancel the Services.

Right of withdrawal.

By accepting these Terms, you acknowledge that, with respect to the services that make up Qardio+, you forfeit your right of withdrawal under applicable consumer regulations once we make them available for you to use. Notwithstanding this you can cancel your subscription at any time during your Promotional Period at no cost.

Limitation of liability & Warranty.

Notwithstanding your right to receive the updates detailed under section “Compatibility & Updates” please refer to our Terms and Conditions regarding limitations of liability and warranty regime.

For detailed information on the applicable warranty to your QardioArm please refer to QardioArm Warranty and https://support.qardio.com/

Governing Law and Competent courts.

For additional information regarding governing law and competent courts please see our Terms and Conditions.

Dispute resolution and Arbitration.

For additional information regarding dispute resolution and arbitration please see our Terms and Conditions.

Contact Information.

You are one party to this contract. Except as explained in our Commercial Terms with respect to certain purchases from the Qardio Market, if you reside in the United States or Canada, then the other party to this contract is Qardio, Inc., a corporation based in California. If you reside in the European Union or Switzerland, then the other party to this contract is Qardio Netherlands B.V., a corporation based in Amsterdam, The Netherlands. If you reside in the UK, then the other party to this contract is Qardio Europe Ltd., a company based in London, United Kingdom. If you reside outside of the United States, Canada, European Union, Switzerland or the UK, then the other party to this contract is Qardio, Inc.

For any inquires related to the Services, you can contact us at support@qardio.com.