Effective Date: June 16, 2023
1.1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) constitute a part of the Agreement between Heartbit (hereinafter referred to as “Heartbit”, or "We"), the operator of Heartbit services, and you (hereinafter referred to as “User” or " you"). Heartbit gives User access to its Health Companion and supplementary services.
1.2. The Health Companion is available as an application downloadable free of charge via your mobile device (hereinafter “Heartbit App”), and via our web-based application (hereinafter called “Website”) when available. Heartbit App and Website, hereinafter called “Heartbit Platform”, are based upon one another.
1.3. User agrees that the content they access on Heartbit Platform(hereinafter referred to as "Content") does not in any way constitute medical advice, and that the responsibility for any action or omission by the User arising from the User’s interpretation of Content, is solely attributable to the User. The User agrees to absolve Heartbit from and indemnify Heartbit against all claims that may arise as a result of the User’s actions or inactions resulting from the User’s reading and interpretation of Content on Heartbit Platform.
1.4. You must be 16 years of age or older if you wish to use Heartbit Platform.
1.5. If you are under 18 years of age, your usage of Heartbit Platform along with your agreement to these Terms and Conditions requires the consent of your legal guardian.
1.6. To use Heartbit Platform's full functionality, you must agree to be bound by these Terms and Conditions. Failure and/or neglect on your part to agree to these Terms and Conditions means you will be denied the use of, or access to, any part of Heartbit Platform.
1.7. The language used in these Terms and Conditions and in further contractual documents will be English, unless agreed otherwise.
2. Heartbit Platform and its Usage
2.1. Heartbit's Health Companion offers numerous features including a symptom checker in conjunction with personalized health information.
BE FULLY AWARE THAT HEARTBIT PLATFORM DOES NOT GIVE MEDICAL DIAGNOSES OF ANY KIND. SEEK THE ADVICE OF A MEDICAL PROFESSIONAL CONCERNING YOUR HEALTH. IN CASE OF AN EMERGENCY, IN PARTICULAR, YOU SHOULD IMMEDIATELY CONTACT THE EMERGENCY SERVICES. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUERIES YOU MAY HAVE REGARDING ANY MEDICAL ISSUE. YOU SHOULD NEVER DISREGARD A DOCTOR’S PROFESSIONAL ADVICE OR CANCEL AN APPOINTMENT WITH A DOCTOR ON THE BASIS OF ANY INFORMATION YOU HAVE READ OR HEARD ON HEARTBIT PLATFORM, INCLUDING INFORMATION PURPORTEDLY SUGGESTED BY A MEDICAL PROFESSIONAL.
2.2. Please be aware that Heartbit provides Heartbit Platform solely for informational purposes. It does NOT provide or offer medical consultation. Heartbit Platform is not to be taken as a substitute for medical advice obtainable from your doctor, general practitioner or other health service provider.
2.3. Heartbit Platform does NOT provide diagnoses for medical conditions, nor does it prescribe how you are to treat any medical issues you may have.
2.4. With regard to any medical issues related to the information that you provide on Heartbit Platform, you are responsible for your decision whether to consult, or not consult a medical professional and/or to seek medical advice.
2.5. Heartbit shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Health Companion are added to the Heartbit Platform.
3. The Legal Relationship between User and Heartbit
3.2. You may set up a User account on Heartbit Platform only after agreeing to these Terms and Conditions. Disagreeing to these Terms and Conditions will mean you may not create a User account on Heartbit Platform.
4. Personal Data and Indemnity
4.2. Personal Data generated by your use of Heartbit Platform will be collected, stored and processed by us only in compliance with the Personal Data Protection Act 2012 (“PDPA”). You hereby agree to grant us, Heartbit, the perpetual, transferable, and sublicensable right applicable globally, to make use of Personal Data.
4.3. Personal Data may be De-identified in accordance with applicable data protection laws, in any manner, whether currently known or unknown. You acknowledge and accept that we own all right, title and interest in and to any data derived from such anonymized data.
4.4. If Heartbit determines that you have provided information or Feedback(See 4.17.) that is in any way fraudulent, inaccurate or incomplete, Heartbit reserves the right to immediately suspend your access to Heartbit Platform through any of your accounts at Heartbit Platform.
4.5. Heartbit also reserves the right to declare the consequences resulting from any fraudulent information on your part on Website, stating your name alongside the said information. Heartbit may resort to this measure to protect its business and the interests of other Users.
4.6. You shall be liable to indemnify Heartbit for any losses incurred as consequences of your misrepresentations or fraudulent Feedback, which may have adversely affected Heartbit and/or its Users.
4.7. You are responsible for ensuring that Content you provide is not invasive of any other person’s privacy, or otherwise containing any elements of hate-speech (racially or ethnically discriminating), disparaging, or unlawful in any manner whatsoever.
4.8. Heartbit reserves the right to remove any Content which it may determine, at its own discretion, is violative of these Terms and Conditions or of any law or statute in force at any given time.
4.9. Also, you agree to absolve Heartbit from, and indemnify Heartbit against, all claims that may arise from the nature of any Content you post on Heartbit App.
4.10. You acknowledge that you are the original author and creator of any Content you upload on Heartbit Platform, and that no Content you upload would be an infringement on the intellectual property rights of any other person.
4.11. Heartbit reserves the right to remove any Content which it may determine, at its own discretion, as violating the intellectual property rights of persons other than yourself, the purported author.
4.12. Intellectual property rights, as referred to in this clause, include but are not limited to trademark, patent, copyright or other proprietary rights.
4.13. User agrees to absolve Heartbit from and indemnify Heartbit against all claims with regard to any third party intellectual property rights that may arise from the User’s uploading of any Content on Heartbit Platform.
4.14. Users may not use images on Heartbit Platform for purposes other than those directly related to the creation and uploading of Content on Heartbit Platform.
4.15. User also agrees to absolve Heartbit from and indemnify Heartbit against all claims that may arise as a result of intellectual property claim by any third party, if User downloads, copies or utilizes an image from Heartbit Platform in any manner, for their gain, including but not limited to the commercial kind.
4.16. You acknowledge that we and/or the persons who have granted us a license are entitled to any confidential information, rights of use and any other intellectual property rights regarding Heartbit Platform.
5. Creating a User Account
5.1. To use Heartbit Platform and its services, you will need an Apple ID or a Google account in advance. You will then be able to download Heartbit App (the application part of Hearbit Platform) from the Apple App Store or Google Play Store (hereinafter referred to as “App Store”) to your mobile device. You may also be able to access Heartbit Platform directly via Website or via another application, directly through Heartbit or through one of our partners.
5.2. After downloading Heartbit App (or accessing the web-based application on Website), you can register with Heartbit Platform by setting up a user account with an email address and password (hereinafter referred to as “User Account”). The registration constitutes a binding agreement of the User to be bound by these Terms and Conditions. We may (though are not obliged to) accept the offer of registration by enabling initial access to Heartbit Platform via User Account. We will send you an electronic confirmation of your registration. By using, accessing or otherwise utilizing Heartbit Platform, you accept, acknowledge and avail yourself to these Terms and Conditions. The same applies to the access to and utilization of Heartbit Platform without the setting up of User Account.
5.3. We save the contractual text of the agreed Terms and Conditions. We do not assume any further obligation regarding the availability of the agreed terms to User.
5.4. We advise our Users to use ‘strong’ passwords to access User Accounts: strong passwords consisting of a combination of numbers, upper and lower case letters, and symbols).
5.5. When you register your User Account or provide us with other information, you are declaring that the information provided to us is correct and complete, at the same time declaring that in the event of any change in the information at a later date, you are responsible for notifying us promptly of such changes by updating the information.
5.7. You are responsible for the protection of your login information and activity in your User Account. Should any suspicion arise that your User Account may be less than safe, you agree to inform us immediately by emailing firstname.lastname@example.org.
5.8. You acknowledge that the availability of Heartbit App is dependent on the third-party store where you download Heartbit App (for instance the App Store). You are aware that these Terms and Conditions apply to the contractual relationship between you, User, and Heartbit, not to your contractual relationship with the App Store.
6. User Rights and Restrictions
6.1. Heartbit Platform and its Content, or all materials contained therein are the property of Heartbit, or the property of persons who have granted us the applicable license (note the list of third-party software that may be featured on Heartbit App).
6.2. We grant you the right to use Content and these materials, but only to serve your purposes of using Heartbit Platform, for yourself personally or on behalf of another person, your usage being in accordance with these Terms and Conditions at all times.
6.4. We grant you the right to personally access and use Heartbit Platform. You are prohibited from transferring your right or your User Account to anyone else.
6.5. Your right to access Heartbit Platform does not preclude us from granting the same access to other persons of Heartbit Platform.
6.6. Your right to use the title “Heartbit” or any trademarks, logos, domains or other characteristic or related images whatsoever is limited to the scope permissible by these Terms and Conditions.
6.8. As the User, unless permitted in accordance with these Terms and Conditions or under mandatory copyright law where necessary, and/or deemed indispensable in obtaining the information necessary to achieve interoperability with other programs, the following should be strictly adhered to:
You, the User, agree not to replicate or copy Heartbit Platform, either in whole or in part;
You, the User, agree not to sell or otherwise make available Heartbit Platform, either in whole or in part, to anyone else;
You, the User, agree not to modify Heartbit Platform, in whole or in part, in any way whatsoever;
You, the User, warrant that you will not attempt to discover or gain access to the source code of Heartbit Platform, in whole or in part, unless we have expressly published and released it into the public domain.
7. Regulations and Prohibitions
7.1. In addition to the other provisions in these Terms and Conditions, this section defines certain regulations relating to the use of Heartbit Platform (hereinafter referred to as “Regulations”).
7.2. The following is a list of behaviors that are prohibited in the use of Heartbit Platform:
Circumventing Heartbit Platform’s security features or other features, leading to the prevention or restriction of the services offered by Heartbit Platform;
Hacking, disrupting or manipulating Heartbit Platform in any possible method;
Creating multiple User Accounts on Heartbit Platform (although you may link your social media, channels or other accounts we permit to the User account on Heartbit Platform);
Providing false information in the User Account details that is misleading;
Allowing another person to use Heartbit Platform on your behalf;
Using Heartbit Platform after becoming temporarily suspended from or forbidden to use it;
Sending spam or repeated messages, or intercepting messages on Heartbit Platform;
Extracting data from Heartbit Platform except in cases permissible under these Terms and Conditions;
Posting or contributing to verbal abuse, obscenities, threats, images that are pornographic or violent in nature;
Offering private information on any third-party without consent;
Acting in any other unlawful or illegal manner.
7.3. Non-compliance with Regulations listed in paragraph 7.2 will be deemed a material breach of these Terms and Conditions, and we may, at our discretion, decide to take one or more of the following measures:
The immediate suspension, temporary or permanent, and/or withdrawal of the right to access Heartbit Platform;
A warning sent;
Legal proceedings against you, including those for reimbursement of any costs and expenses incurred due to the breach of the agreement (including reasonable administrative costs and legal fees);
Submitting information to the authorities, if and to the extent permitted by law and deemed by us to be appropriate.
7.4. Our reaction to a breach of agreement on your part is not to be limited to the actions described in the preceding paragraph 7.3. We are entitled to take further action in accordance with these Terms and Conditions and/or statutory law.
8. Termination of Contractual Relationship
8.2. You are entitled to stop using Heartbit Platform at any time and to terminate your agreement with Heartbit, if you do not agree with any changes to Heartbit Platform or these Terms and Conditions we propose. Please follow the instructions on Heartbit Platform to deactivate and delete your User Account through the Settings menu.
8.3. Either party’s right to terminate the agreement remains unaffected. Causes that entitles us to terminate the agreement may include but are not limited to your violation of the material contractual provisions, particularly those listed in 7.2.
8.4. With good reason, we are furthermore authorized to block your access to Heartbit Platform without any notice, provided that no other, less severe measure seems effective.
8.6. Our rights to use such data in anonymized form pursuant to section 4.3. remains unaffected by the termination of the contractual relationship.
9. The Extent of Our Guarantee
9.1. Any information on the symptoms you have stated, available to you in text form on Heartbit Platform is for informational purposes only. The information made available on Heartbit is without guarantee or representation of any kind.
9.2. You should not take any action or refrain from an action on the basis of the information provided in Heartbit Platform without consulting a doctor or other medical professional.
9.3. Due to the nature of information technology and the internet, we are unable to guarantee you the use of Heartbit Platform without any possible interruption or delay, or that Heartbit Platform will at all times meet your expectations. We therefore assume no obligation with respect to the performance or availability of Heartbit Platform in these present Terms and Conditions.
9.4. Heartbit should not assume any strict liability that may be applicable due to any weaknesses of Heartbit Platform in existence at the time of the concluded agreement between Heartbit and User on the use of Heartbit Platform.
9.4. Should User incur any damage through the use of Heartbit Platform, we may only be held liable for clear and express intent and gross negligence. Should such a case arise, Heartbit may only be held liable for calculable damages.
10. Limitation of Liability
10.1. In no event shall Heartbit, or any of its directors, employees, content and/or service providers ( hereafter referred to as the “Protected Entities”) be liable for any direct or indirect damages arising from, or directly or indirectly related to, the use of or the inability to use or access Heartbit Platform, with all of its Content and functions. This applies even if one or more Protected Entities were in any way aware of possible damages.
10.2. In no event shall the Protected Entities be liable for:
Failure to provide all or any service by Heartbit to Users through Heartbit Platform;
Any unauthorized access to or alteration of Personal Data;
Any other matter relating to Heartbit or Heartbit Platform.
In no event shall the total aggregate liability of the Protected Entities to a User for any damages, losses, and causes of action arising from this Agreement or Heartbit Platform exceed 100,000 USD.
11. Third-party Services
11.1. If and to the extent that Heartbit Platform offers links to other websites or resources of third parties, they are to be deemed informational only.
11.2. Unable to influence the content of such websites or resources provided by third parties, we are not to be held liable for the content of information or websites linked included in frames. Consequently, we are not to be held liable for any financial or physical damages that you may incur as a result of your use of such websites or resources.
12. Heartbit Platform Updates
12.1. We are constantly updating and improving Heartbit Platform. We will continue to strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviors and the way in which people use the internet.
12.2. We reserve the right to change a specific aspect of a specific feature by updating Heartbit Platform, resetting the said feature and suspending its service or support as a result. Such changes may affect your activities on Heartbit Platform. Changes may refer to the removal, modification or reset of the features you use.
12.3. Updates may be released from time to time by us directly or via the App Store where you downloaded Heartbit App. It may at times be necessary for you to update third-party software in order to be able to use Heartbit Platform.
13. Changes to Terms and Conditions
13.1. We reserve the right to amend or supplement these Terms and Conditions. The current version of the Terms and Conditions can be found on our website.
13.2. Changes to these Terms and Conditions will usually be the result of new features being added to Heartbit Platform, or of changes in the legislation or applicable regulations.
13.3. The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply to our contractual relationship and are entirely replaced by the current version.
14. Applicable Legislation and Jurisdiction
14.1. Our headquarters are located in Singapore. These Terms and Conditions of this Agreement shall be governed exclusively by the laws of Singapore, without reference to the principles of conflicts of law.
14.2. The courts of Singapore have the exclusive jurisdiction to settle all disputes arising in connection with, or as a result of, your use of Heartbit Platform.
15.1. You consent to our communication with you via email.
15.2. We may send you notices electronically to the email address you provide at the time of your signup with Heartbit Platform, or via other electronic means on Heartbit Platform when available.
15.3. The failure to enforce our rights must not be construed as a waiver of such rights.
15.4. Should any provision in these Terms and Conditions be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.
15.5. Only the contracting party itself has the right to enforce contractual provisions.
15.6. If you would like to contact us in regard to the present Terms and Conditions or any other document mentioned in them, please email us at email@example.com.