Terms of Use

AFIB COMPANION TERMS OF SERVICE

These Terms of Service shall prescribe the terms and conditions of using the Application of Afib Companion (hereinafter referred to as “Application”) and the Website of Afib Companion available at www.afibcompanion.com (hereinafter referred to as “Website”). By registering or otherwise using the Website or Application, a User (hereinafter referred to as “User”, “You”, “Your”) accepts these Terms of Service and the Privacy Policy, which shall constitute an integral part of these Terms of Service. Services and functionalities provided through the Website and Application shall be provided and performed by company Afib Companion (hereinafter referred to as “Afib Companion”, “we”, “us”, “our”) represented by Pawel Kuklik.

Any person willing to use the Application and/or Website is obliged to become acquainted with these Terms of Service first. We provide these Terms of Service and other terms and conditions regulating services to all persons concerned free of charge prior to conclusion of the Agreement (in the Application and on the Website), as well as–upon Your request–in a way which enables You to obtain, copy and record the content of the Terms of Service by means of a teleinformatic system used by You. Detailed rules regarding use of the functionalities shall be available in relevant tabs of the Application and/or Website. If You do not accept the provisions of these Terms of Service, You may not use or access the Services.

The Application is designed to make the everyday struggle with the disease easier for persons diagnosed with atrial fibrillation by means of provision through the functionalities of the Application and Website of Information concerning causes and course, and in particular ways to cope with the disease by means of healthy lifestyle, simple physical and breathing exercises and relaxation skills.

NEVERTHELESS, ANY INFORMATION PROVIDED IN THE APPLICATION AND ON THE WEBSITE SHALL BE OF EXEMPLIFICATIVE CHARACTER ONLY AND SHALL NOT CONSTITUTE, NOR ARE AIMED TO REPLACE, MEDICAL ADVISE DEDICATED TO THE USER. DUE TO THE FACT THAT THE COURSE OF THE DISEASE IS ALWAYS DIFFERENT AND WE DO NOT HAVE INFORMATION ON YOUR HEALTH CONDITION, BEFORE YOU START USING THE APPLICATION OR WEBSITE YOU ARE OBLIGED TO MAKE SURE THAT IT IS FULLY SAFE FOR YOU, AS WELL AS TO CHOOSE ONLY SUCH TASKS WHICH ARE SUITABLE FOR YOUR ORGANISM AND HEALTH CONDITION. SHOULD YOU HAVE ANY DOUBTS AS TO SAFETY OF USING THE APPLICATION OR WEBSITE, AS WELL AS THEIR IMPACT ON YOUR HEALTH AND PROPER FUNCTIONING OF YOUR ORGANISM, PLEASE DO NOT PROCEED TO USE THE APPLICATION AND WEBSITE.

The terms used in these Terms of Service shall have the following meanings:

Feedback: suggestions, data, information or recommendations pertaining to the Service and Information

Information: content provided within the frames of the Application and/or Website, in particular in the form of a set of instructions, hints and advises related to various activities and physical exercises which aim at making the struggle with atrial fibrillation easier

Account: a service provided by electronic means by Afib Companion; a modifiable part of the Application and/or Website individually assigned to You; The Account shall enable You to use other Services

Fee: There is no fee for download and use of the Application.

Privacy Policy: the document which governs the security of protecting the privacy and processing Your personal data; The Privacy Policy available here shall constitute an appendix to and an integral part of these Terms of Service

Agreement: an agreement concluded between Afib Companion and You the subject matter of which is the use of the Application and/or Website and Services by You, the general provisions of which shall be prescribed in these Terms of Service

Service/Services: services provided by Afib Companion by electronic means in the form of functionalities of the Application and Website, which in particular aim at making the struggle with the disease easier for persons diagnosed with atrial fibrillation

User: a natural person with full capacity to perform acts in law who uses the Application and/or Website on the basis of and in accordance with these Terms of Service

1. PRELIMINARY PROVISIONS

1.1. None of the provisions of these Terms of Service may be construed as limiting the rights vested in the consumers in accordance with the applicable provisions of law.

1.2. The correspondence between You and Afib Companion shall be conducted by electronic means, irrespective of whether You use the Website/Application or send us e-mails, or whether Afib Companion posts notifications on the Website/in the Application or communicates with You via e-mail. For the purposes of the Agreement: (a) You give Your consent to receive from Afib Companion correspondence in an electronic form; and (b) You confirm that all terms and conditions, Agreements, notifications, disclosures and other correspondence sent to You by Afib Companion meet any legal requirements which such correspondence would meet if conducted in writing in a printed form. The foregoing shall not limit Your non-transferable rights.

1.3. You shall not be allowed to provide content of unlawful nature.

1.4. The Application and/or Website may include advertisements for which Afib Companion obtains remuneration on commercial conditions.

2. MEDICAL ADVISES

2.1. Any Information provided in the Application or on the Website shall be of exemplificative character only and shall not constitute, nor are aimed to replace or provide an alternative for, medical advice, medical diagnosis or treatment program related to atrial fibrillation.

2.2. In particular, no medical activity or health services, nor health promotion or education and research tasks related to provision of health services and promotion shall be performed by means of the Application and/or Website.

2.3. Due to the foregoing, Your using the Application and/or Website, in particular accepting the Terms of Service, shall not cause establishing a physician(or other entity providing health services)-patient relation between the Service Provider and You. The Information shall not replace, nor are aimed at replacing, the physician(or other entity providing health services)-patient relation or treatment conducted by a qualified physician.

2.4. When proceeding to use the Application and/or Website, You declare that before You implement the Information, You will each time verify its correctness, completeness and safety and adequacy towards Your health condition, as well as that when using the Application and/or Website You will not make any decision or undertake any action or omission completely or even partially on the basis of Information, and each time You will consult a relevant physician to determine the admissibility of using the Information and any recommendations and contraindications.

2.5. In no event should You rely only on the Information, and You should each time consult any issues related to Your disease, functioning of Your organism and health condition with a qualified physician, who is the only and the best source of such information. You hereby declare that You will make any decision related to Your disease on the basis of medical advise and diagnosis given to You by a qualified physician.

2.6. Afib Companion shall in no way guarantee that the Information will contribute to improvement of Your health condition, in particular of retreat of the disease. If after consulting a physician You decide to implement the Information, in expectation of an effective use of the Services and Information, as well as for the purpose of increasing the possibility of improving Your health condition and reducing the risk of deteriorating Your health condition as a result of using the Information, You undertake to implement the Information in an honest, mindful and cautious manner.

2.7. If You feel that as a result of implementing the Information Your health condition deteriorated or may deteriorate, immediately take medical advice of a qualified physician. Never underestimate, avoid or postpone taking advise, diagnosis or any other medical support of a qualified physician, in particular in view of the Information You obtained through the Application and/or Website.

3. APPLICATION

3.1. You may download the Application through online stores AppStore (for iOS system) or Google Play (for Android system). In order to install the Application, to update its functionalities and to enjoy them, You have to meet the following minimum technical requirements: a mobile device with installed iOS 8 or higher (for the Application and/or Website version downloaded from AppStore) or Android 4.1. or higher (for the Application and/or Website version downloaded from Google Play), which enables a correct installation of the Application and/or Website, and an active e-mail account.

3.2. Using the Application may take place offline, with a proviso that in order to install the Application and update the Services You shall additionally fulfill the requirement of the Internet access.

3.3. Using the Application shall be free of charge, except for a possible costs of data transmission resulting from agreements with telecommunication operators or other Internet providers concluded by You, and from the scope of such data transmission (downloading the Application, installing, launching and further using the Application).

3.4. The Application may send You reminders on a training in the form of alerts. It’s a functionality that You can modify or disable at any time.

4. WEBSITE

4.1. In order to enjoy all functionalities of the Website, You shall satisfy the following minimum technical requirements: a device with the Internet access which enables a correct display of the Website interface, an active e-mail account, an installed and updated Internet browser of the standard equivalent to Chrome 45.0+, FireFox 40.0+, Internet Explorer 9+, Opera 15+, Safari 7+; enabled Cookies and JavaScript support.

5. ACCOUNT

5.1. In order to enjoy the Services You shall have an active Account. For this purpose You shall complete the registration procedure through the Application or Website by providing necessary personal details indicated in the interactive Account registration form. By sending a request to create the Account, You declare and guarantee that: (a) details provided by You are true, accurate and up-to-date and they will remain so throughout the entire term of Your using the Services, (b) Your using the Services is compliant with the law applicable in Your country. Upon successful creation of the Account, the Agreement for unlimited period of time shall be concluded between Afib Companion and You, provided that You have met the conditions as required by the Terms of Service. Your personal data shall be processed in accordance with the Privacy Policy.

5.2. You may delete Your Account at any time with immediate effect, without reason, by sending us a message with the request to delete the Account (also via e-mail, provided that it is the e-mail address used by You upon registration of the Account) or by using the functionality “Remove the Account”. Deletion of the Account shall be tantamount to termination of the Agreement and shall mean that You resign from the Services. When deleting the Account, You shall irrevocably lose the Account settings and data on completed trainings. We may also delete Your Account in accordance with 4.5. and 4.6. of the Terms of Service.

5.3. You shall be liable for what is happening on and also through Your Account. Therefore, You may not share it with third persons and You shall be responsible for keeping Your login and password confidential. If You notice that an unauthorized person uses or used Your Account, then You shall immediately notify Afib Companion on this. The Account shall be non-assignable and non-transferable.

5.4. You may use the Account in the Application and on the Website at the same time, with a proviso that it is not possible to use the Account on the Website offline.

5.5. You undertake that by means of the Services, or within the frames of the Website or Application, You will not: (a) undertake any actions which may hinder or impede functioning of the Services, or use the Services in a manner onerous to other Users, (b) act to the disadvantage of other Users, third persons or Afib Companion, (c) infringe the terms and conditions of the Agreement, Terms of Service or applicable law, including local, state, regional, national law or other legal acts, statutes or ordinances, (d) treat the Information in violation of section 2, in particular You will not rely on the Information as You will on treatment conducted by a professional, (e) disseminate worms, spyware or malware, use cracing or phishing or act in any other manner which would in a prohibited manner facilitate interfering in the provision of the Services or the security of their provision or Users’ data, (f) obtain in a prohibited manner Users’ personal data without their consent or act in any other manner which may constitute an infringement of the privacy right of other Users, (g) use the Services for the purposes other than those for which they are designed, which shall be meant as an improvement of life quality of persons with atrial fibrillation.

5.6. Your culpable infringement of the rights to the Services may cause one the following reactions of Afib Companion: (a) warning addressed at the User, (b) blocking the access to the Account, (d) deleting the Account, (e) preventing the User to establish an Account again.

5.7. The Service Provider may delete the Account in the case when it is obliged to terminate the Agreement in accordance with applicable legal provisions.

6. PROVISION OF SERVICES

6.1. The Services, Website, Application and Information and their components, including design and content, are protected by the copyright and/or other rights related to intellectual property, in particular copyrights, belonging to Afib Companion. All intellectual property rights connected with the Information, Application, Website and Services belong to the Service Provider.

6.2. Subject to relevant provisions of these Terms of Service, we grant You the license to use the Services for Your own personal and non-commercial purposes and only within the frames of the functionalities of the Application and/or Website, without the right to grant sublicenses, which license shall be non-transferable, non-exclusive and unlimited in terms of territory. No authorization, whether indicated expressly in the Terms of Service or implied, shall transfer any intellectual property rights belonging to Afib Companion to You or to any third person. This license shall be granted to the User upon the acceptance of these Terms of Service and shall be effective at all times as long as the User possesses the Account. Unless it is stated otherwise, any subsequent versions, updates or other supplements of or to the functionalities of the Website or Application shall be subject to these Terms of Service.

6.3. The license and other rights granted to You by Afib Companion shall be subject to the following restrictions: (a) You may not reproduce, disseminate, lease or dispose of or otherwise redistribute, whether directly or indirectly, against charge or free-of-charge, otherwise than through Afib Companion, elements of the Services, Application and/or Website, (c) modify, compile, reformulate the Services, as well as use or develop the intellectual property belonging to Afib Companion for the purpose of creating own products and services, (d) use the intellectual property belonging to Afib Companion for a fraudulent purpose or to our disadvantage. Even if You use the Services, Website or Application and/or Website within the frames of fair use, You may not dispose of their copyrights markings and other proprietary notices. The same applies to copies.

6.4. Afib Companion shall have the right to terminate the license with immediate effect in the event of infringement of its terms and conditions attributable to the User, what shall mean that You will not be able to use the Application or the Website and Services.

6.5. We may modify our Services from time to time mainly for the purpose of retaining Users’ satisfaction with the Services and of improving them. We reserve the right to modify, suspend or terminate the provision of Services (as a whole or in part), on which we may notify You before (this is however not our duty).

6.6. You hereby declare that You are aware of and acknowledge the fact that Afib Companion does not guarantees You any technical support and therefore it shall not be obliged to provide You with any support, including technical support related to use of the Services, Application and/or Website. No implied licenses shall be granted under these Terms of Service.

6.7. You hereby declare that if You provide us with the Feedback, in particular related to the Information, upon providing it You transfer the proprietary rights to us, in particular copyrights (and if the legislation applicable to You does not permit an effective transfer of copyrights in an electronic version–You grant as a license) to this Feedback and give Your consent to it being disposed of and used by Afib Companion in the following fields of exploitation: (a) with regard to fixing and multiplying the work—creating copies of the work with the use of a specified technique, including printing, reprographic, magnetic recording and digital techniques, (b) with regard to transactions relating to the original or copies on which the work was fixed—marketing, lending or leasing of the original or copies, (c) with regard to disseminating the work by means other than specified in point (b) above—public performance, exhibiting, displaying, reproducing as well as broadcasting and re-broadcasting and making the work available to the public in a way enabling anyone to access it where and when they see fit, (d) the right to create derivative works, use and dispose of derivative works, (e) the right to permit the execution of derivative rights to the work. You hereby agree that You will not receive any remuneration for the transfer of proprietary copyrights to the Feedback in any of the separate exploitation fields as specified above.

7. TRIAL

7.1. You shall have the possibility to try the Services through the Website or Application free of charge within the frames of a 7-day training. Upon completion of the trial the Agreement shall be automatically terminated.

8. PRICES AND PAYMENT

8.1. There is no fee for download and use of the Application.

9. THIRD-PARTY LINKS AND ADS

9.1. The Application may contain links to third-party sites or websites, in particular those which are concerned with supporting persons with atrial fibrillation, as well as which display advertising materials of third-party services or products (hereinafter: Third-Party Links and Ads). Third-Party Links and Ads shall not be under the control of Afib Companion; therefore, Afib Companion shall not be responsible for any Third-Party Links and Ads. Afib Companion shall provide the access to these Third-Party Links and Ads only as a convenience to You, and shall not review, approve, monitor, endorse, warrant, or make any representations with respect to, on behalf of or to the benefit of the Third-Party Links and Ads. You use the Third-Party Links and Ads at Your own and sole risk; therefore, You should apply appropriate security means and exercise due care while doing so. Please remember that when You click on any of the Third-Party Links and Ads, the relevant terms of service and privacy policy applicable under such link shall become binding upon You.

10. COMPLAINTS

10.1. You shall have the right to file a complaint concerning operation of the Application or the Website and Services. A complaint should include at least details enabling identification of You as the complaining person and should state reasonable reservations and comments concerning the Application and/or Website or Services. You should send the complaint via e-mail to the following address: support@afibcompanion.com or to the correspondence address of Afib Companion. If the complaint needs to be complemented, then we will contact You and request to complete it.

10.2. We shall take a stance towards Your complaint within 14 days from its receipt. You shall receive a response at the address, from which You have sent the complaint, or at the address stated by You in the complaint notification form.

11. DISCLAIMERS

11.1. The Services shall be provided on an “as-is” basis and Afib Companion shall expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory. We make no warranty that the Application will meet Your expectations, will be available on an uninterrupted, appropriate, secure or error-free basis, or will be error-free, reliable, free of viruses or other harmful software, complete, legal or safe. If applicable law requires any warranties with respect to the provided Services, duration of all such warranties shall be limited to 90 days from the date of first use.

11.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

12.1. To the extent permitted by law, in no event shall Afib Companion be liable to You or third persons for any lost profits, lost data or any damage arising from Your abiding by the Terms of Service or inability to use the Application and/or Website, even if Afib Companion is aware/has been advised of the possibility of such damage. In particular, we shall not be liable for any damage resulting from Your using the Services which is contrary to the usual use compliant with its intent or the idea of the Application, or in violation of the warnings as included in section 2. Access to, and use of the Application shall be at Your own discretion and risk. We may also not incur the liability for Your health condition, in accordance with the explanation as indicated in section 2.

12.2. You hereby forever discharge Afib Companion (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website/Application (including any interactions with other Website/Application users or any Third-Party Links and Ads, or act or omission of other Website/Application users). IF YOU ARE A CALIFORNIA RESIDENT,IN CONNECTION WITH THE FOREGOING YOU HEREBY WAIVE THE RIGHTS ARISING OUT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

12.3. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In such a case, the following provisions related to liability shall be accordingly applicable to You: Afib Companion shall not be held liable for any damage resulting from: (a) Your infringement of the provisions of these Terms of Service, (b) Your disclosure of the login or password to Your Account to third persons, (c) the manner in which You use the Application or Services, (d) acting in violation of section 2, (e) a short-term lack of access or disrupted access to the Application resulting from the necessity to perform reparatory, maintenance or improvement works in the Application, with a proviso that none of the above mentioned disclaimers of liability shall limit the principle that the Users being consumers are protected by such regulations applicable in their country of habitual residence which may not be excluded by means of an agreement.

13. AMENDMENT TO THE TERMS OF SERVICE

13.1. Afib Companion may amend these Terms of Service due to material reasons, whether legal (amendment of generally applicable law or change of organizational form of Afib Companion) or technical (modernization of the Application or Services, change of the operation manner of the Application or Services). You shall be notified on any amendment to these Terms of Service along with the reasons of such change via e-mail sent to the address at which Your Account is registered 7 (in words: seven) days before the new Terms of Service come into effect. During this time, You should accept the new provisions of the Terms of Service or refuse to accept them and terminate the Agreement.

14. DISPUTE RESOLUTION AND ATRBITRATION

14.1. THESE TERMS OF SERVICE SHALL IMPOSE AN OBLIGATION TO SUBMIT TO ARBITRATION RATHER THAN TO JURY TRIALS OR CLASS ACTIONS TO RESOLVE DISPUTES AND SHALL ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. Any disputes arising out of or related to the use of the Application and/or Website shall be finally settled pursuant to the Rules of Arbitration of the Court of Arbitration at the Polish Chamber of Commerce in Warsaw applicable as at the day of filing the motion for arbitration. The proceedings shall be conducted in English by one or more arbitrators appointed according to these rules. The Parties, their representatives, any other participants and arbitrators shall be subject to confidentiality obligation with regard to the existence, subject matter and result of the arbitration. The arbitrator’s decision shall be final and binding. These Terms of Service shall prescribe settlement of disputes by means of arbitration only. Even if the governing law states otherwise, the user agrees and waives the right to participate in a group action. Some jurisdictions do not allow such limitation of seeking claims; in such a case this clause shall not be applicable to You and clause 14.2 below shall be applied.

14.2. Should any dispute arise, You may refer to an arbitration court for mediation or settlement (You may take advantage of alternative dispute resolution, ADR). To this end, at Your own discretion, You should file a motion for mediation or motion for settling the case before an arbitration court. Specific information concerning access to these procedures shall be available at competent bodies, including on their websites. In other cases, the local jurisdiction of the court shall be established in accordance with the rules prescribed in a legal act applicable to the User being a consumer. Any disputes arising between the Service Provider and the User not being a consumer shall be referred to the court with the local jurisdiction over the registered office of Afib Companion.

15. GENERAL

15.1. Contact details and way of communicating with Afib Companion: e-mail address: support@afibcompanion.com; (b) correspondence address: ul. 42 Pulku Piechoty 127/32, 15-181, Bialystok, Poland.

15.2. The governing law for liabilities resulting from the Agreements shall be Polish law, with a proviso that such choice may not result in a consumer being deprived of the protection resulting from mandatory provisions of law applicable in the consumer’s country of habitual residence.

15.3. If any provision of these Terms of Service proves invalid in part or entirely, then the other provisions shall remain effective, whereas the remaining part of the Terms of Service shall be interpreted in such a manner so as its legal effect and economic implications to the highest extent correspond to the invalid provisions.

15.4. If we fail to exercise any of our rights resulting from these Terms of Service, this shall not mean that we have resigned from them.

15.5. These Terms of Service and Your rights and obligations prescribed by them may not be assigned, subcontracted, transferred or otherwise conveyed by You without a prior written consent of Afib Companion, and any attempts to assign, subcontract, transfer or convey them undertaken in violation of the foregoing shall be ineffective. Afib Companion may at its own discretion assign these Terms of Service. The terms and conditions prescribed in these Terms of Service shall be applicable to the assignees.

15.6. Headings of particular sections shall be for reference purposes only and shall not be legally binding.

15.7. The word “including” shall mean “including without limitation”.

15.8. The Privacy Policy, available at http://afibcompanion.org/privacy-policy, shall be an integral part of these Terms of Service.

15.9. These Terms of Service shall be effective as of 1 August 2016.