CardioVitals
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Terms and Conditions

1. Agreement to Terms

These Terms and Conditions of Service (“Terms”) contain the terms and conditions that govern your access to and use of the CardioVitals, LLC (“CardioVitals” or “we” or “us”) website (www.cardiovitals.com) (the “Site”), and the CardioVitals application (the “App” and collectively with the Site, the “Services”). This is an agreement between you or the entity you represent (“you” or “your”) and us. CardioVitals is willing to grant access to and use of our Services, including the App, to you solely upon your acceptance of all the terms and conditions of these Terms without modification.

BY ACCESSING OR USING THE SITE OR APP, YOU AGREE TO BE BOUND BY ALL THESE TERMS AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITE AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS, OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE APP OR THE SITE. CARDIOVITALS MAY, AT ITS SOLE DISCRETION, DISABLE AND TERMINATE ACCESS TO THE SITE OR APP BY ANY PERSONS OR ENTITY THAT VIOLATE THESE TERMS.

We reserve the right, in our sole discretion, to update or modify these Terms at any time. Your continued access to and use of the Site or App following the posting of any changes to these Terms constitutes acceptance of the latest version of these Terms.

2. Critical Medical Disclaimer

A. Not Medical Advice Or Service: The App is a health data tracking and communication tool only. It is designed to assist patients in logging their daily weight and facilitating the secure sharing of that data with their designated healthcare provider.

B. No Diagnosis or Treatment: The App does not provide medical advice, diagnosis, treatment, cure, or recommendations for any medical condition. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or seen within the App.

C. Emergency Warning: The App is not a substitute for professional medical care and should not be used in an emergency situation. If you believe you are experiencing a medical emergency, call 911 or your local emergency number immediately.D. Reliance On Provider: The monitoring, alerts, and management decisions related to your “dry weight” range are the responsibility of you and your healthcare provider. We are not responsible for the clinical decisions made by your provider based on the data shared through the App, nor for any delays in the provider accessing or acting upon the data.

3. User Representations and Responsibilities

By using the App, you represent and warrant that:

  • Age: You are 18 years of age or older.
  • Data Accuracy: All weight data and personal information you provide are true, accurate, current, and complete. You are responsible for accurately entering your weight data.
  • Compliance: You will comply with all applicable laws and regulations in your use of the App.
  • Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

4. Provider Connection Feature

  • Consent to Share: By using the “Provider Connection” feature, you give express consent to us to transmit your recorded data (including weight, name, phone number, and email) to the healthcare provider you select and other authorized clinical professionals within their practice or affiliated network to facilitate continuity of care and team-based monitoring.
  • Provider Verification: We make no representation or warranty regarding the identity, licensure, or qualifications of any healthcare provider you choose to connect with. It is your sole responsibility to verify that the provider you select is your authorized healthcare professional.
  • Service Termination: You may unlink from a provider at any time within the App settings.

5. Intellectual Property Rights

You acknowledge and agree all source code, databases, functionality, software, website designs, audio, video, text, and graphics used or accessed in the or on or through the Site or App (collectively, the “Content”) are owned or controlled by us, or a third-party with whom we have a license, and are protected by copyright, trademark, and other intellectual property laws and covenants.

You acknowledge and agree the CardioVitals name, any CardioVitals logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of CardioVitals or its licensors. You must not use such marks without the prior written permission of CardioVitals. Any other names, logos, product and service names, designs, and slogans on the Site or App are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or the Content on the Site or App by or through your use of the Site or App.

6. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. Prohibited activities include, but are not limited to:

  • Systematically retrieving data or other content from the App or the Site to create or compile a collection, compilation, database, or directory without written permission from us.
  • Making any unauthorized use of the App or the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
  • Using the App or the Site to advertise or offer to sell goods and services.

7. Privacy

By accessing or using the Site or App, you confirm that you understand and acknowledge that your personal information will be collected, shared, and otherwise processed in accordance with our Privacy Policy.

8. No Warranties

CardioVitals, its directors, officers, employees, suppliers, affiliates, agents, representatives, and licensors (the “CardioVitals Parties”) disclaim any responsibility for any harm resulting from your use of the Site, App, or the Content. The information presented on or through the Site or App, including text, images, and links, is made available “as is” by CardioVitals solely as a convenience to you without warranty of any kind for general information purposes, and does not constitute any type of advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site or App, or by anyone who may be informed of any Content. Content is updated frequently, including based on interaction with users of the Site or App, but Content is not necessarily complete or up-to-date. Any of the information on the Site or App may be out of date at any given time, and we are under no obligation to update such information. CardioVitals assumes no responsibility for errors or omissions in the Site, App, Content, or other documents which are referenced by or linked to the Site or App. The Site or App could include technical or other inaccuracies, and not all products or services referenced on the Site or App are available in all areas. Changes are periodically added to the information, and CardioVitals may change the products or services described in the Site or App at any time.

9. Limitation Of Liability; Remedy

The CardioVitals Parties shall not be liable to you or a third party for any damages, including, without limitation, indirect, incidental, special, exemplary, punitive, third party or consequential (including for loss of business profits), even if CardioVitals has been advised of the possibility of such damages (including damages incurred by third parties). The exclusion of damages under this section is independent of any remedy provided under these terms and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not

apply to you, and you may have additional rights to those contained herein.

10. Indemnification

You agree to indemnify, defend and hold harmless each of the CardioVitals Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of the Site or App, (b) violation of these Terms, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the CardioVitals Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

11. Term and Termination

These Terms shall remain in full force and effect while you use the Services or otherwise maintain an active account in the App. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain IP addresses) to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict of law principles.

13. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the Services and supersedes and replaces all prior agreements. The section titles in these Terms are for convenience only and have no legal or contractual effect.

14. Not for Children

You must be at least 18 years old to use the Services. If you are not yet 18, do not use (or continue to use) the Site or App, except through and with the consent of your parent or guardian.

15. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid illegal, invalid , or unenforceable, then all other provisions shall remain in full force and effect.

16. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

17. Contact Information

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at: CardioVitals, LLC, support@cardiovitals.com.