Welcome to KardiaCare+, a platform provided by AliveCor, Inc. (
“AliveCor” “we” or
“us”), together with its partner(s), and used to deliver KardiaCare+ Services, the website located at alivecor.com (the
“Site”) and any and all related websites, networks, embeddable widgets, downloadable software, mobile applications including without limitation Kardia (collectively
“Software” or
“App”), and other services, information, materials, devices and products we provide to you (each individually or collectively referred to herein as
“Service”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPT” OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICE. BY ACCEPTING THESE TERMS OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE
PRIVACY POLICY (TOGETHER, THE
“TERMS”).
If you are not eligible, or do not agree to the Terms of Service, then you do not have permission to use the Service.
As provided below, AliveCor grants you the right to use the Service, subject to the terms and conditions of use (“Terms of Service” or “Terms”) set forth below. The term “you” refers to the person visiting the Site or downloading the App.
You understand and agree, as further detailed in these Terms:
•
THE SERVICE IS NOT INTENDED FOR USE IN EMERGENCIES. IN THE EVENT OF AN EMERGENCY CONTACT 997 OR OTHER EMERGENCY RESPONDERS.
• AliveCor is not your healthcare provider and does not provide you any medical advice through the Service, however AliveCor through the Service may connect you with a Provider (as defined below).
• The Service and all materials and content available through the service are provided “AS IS” and on as “AS AVAILABLE” basis without warranty of any kind.
• These Terms provide that all disputes between you and AliveCor will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 21 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with AliveCor.
• The Service is available to users only in the Kingdom of Saudi Arabia (KSA).
Summary of Terms
The following summaries are provided solely to help you understand some of the key points in each section of these Terms. They are not part of the Terms, and you are responsible for carefully reviewing the full Terms.
1. Use of Our Service. We own the Service but you may use it in accordance with the Terms below. Please do not attempt to interfere with our provision of the Service.
2. KardiaCare+. We provide this mobile software to access the Service and KardiaCare+ Services, which you may use in accordance with the Terms below. You may also sign up, via the App, to receive text messages from us related to the Service. You may be subject to additional terms based on whether you downloaded our mobile software from the Apple App Store or the Google Play Store.
3. Consent to Use of Telehealth Services. The Service may involve helping you obtain telehealth consultations and treatment delivered by a Provider (defined below) as part of the KardiaCare Services. Telehealth Services may involve certain risks.
4. Privacy Policy. Please read our Privacy Policy to learn more about how we collect, use, and disclose data collected from you.
5. Pricing, Charges, and Payment Terms. You may be subject to additional payment terms depending on whether you are a health plan, employer provider, or individual user. If you have elected to pay for the Service on a monthly basis, your monthly charges will automatically be billed each month unless you provide notice to us in writing.
6. Access and Connectivity. Using the Service requires appropriate operating systems and hardware, which you are responsible for providing and maintaining.
7. Medical Equipment. We may provide certain medical equipment (e.g., KardiaMobile 6L ECG sensors), which are for your personal use only and not for resale.
8. User Content. By submitting or publishing content through the Service, you give us permission to use that content. You are solely responsible for your content and the consequences of publishing such content.
9. Third-Party Services and Linked Websites. The Service may include or display links to content, applications, websites, or other services from third parties. We’re not responsible for such content, applications, websites, or other services.
10. Termination of Use; Discontinuation and Modification of the Service. We may terminate your use of the Service at any time, including if you misuse the Service or otherwise violate these Terms. You may also terminate your account at your convenience.
11. Additional Terms. Certain features of the Service may have additional terms. If you use such features, you agree to abide by such terms.
12. Modification of these Terms. We may change the Terms from time to time. Whenever we materially change the Terms, we’ll update the “Last Updated” date at the top. If you don’t like the changes, please stop using the Service.
13. Ownership; Proprietary Rights. AliveCor, Inc. owns and operates the Service. You may only use the Service and related content in accordance with these Terms.
14. No Medical Advice. AliveCor, Inc. and its employees do not provide health care and do not form a provider-patient relationship with any users. Our content is not and should not be construed as medical advice.
15. Indemnity. We’re not liable for your use of the Service. If something happens based on your use of the Service or because you violated the Terms, you agree to pay us for any damages you incur.
16. Non-Secure Communications. We make reasonable efforts to protect the security of your information. Certain communication methods such as email or text message are not secure and may be read by third parties.
17. Disclaimers; No Warranties. We make no guarantees about the Service. If you experience a medical emergency, you should call 911 or your local emergency number instead of using the Service.
18. Limitation of Liability. We are not responsible for damages or losses arising from your use of the Service or otherwise arising from your violation of these Terms.
19. Governing Law. California law governs the Terms. Subject to the arbitration provisions in the Terms, disputes will be handled in courts in Santa Clara County, California. The Service and related content might not be appropriate or available in all states within the United States or all locations in any individual state.
20. General. The Terms, including any agreements and the Privacy Policy incorporated by reference, are the entire and exclusive understanding between us regarding use of the Service, and you may not assign or transfer the Terms without our prior consent.
21. Dispute Resolution and Arbitration. You agree to resolve disputes through arbitration, not through a jury by trial or class action. Arbitration has no judge or jury and is more informal than a litigation. You should read the complete version of the arbitration section closely.
22. Consent to Electronic Communications. By using the Service, you consent to receiving electronic communications from us as described in our Privacy Policy.
23. Contact Information. You may reach us at 189 N. Bernardo Ave, Ste. 100, Mountain View, CA 94043 or by emailing support@careplussaudiarabia.com.
Full Terms
1. Use of the Service
1. Eligibility. You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) you are physically located in the KSA and within a jurisdiction where our Service is offered, including without limitation, when receiving telehealth consultations from a Provider (defined below). If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2. License. Subject to the restrictions set forth in these Terms, AliveCor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, install and use the Service and Site Content (as defined in Section 13) solely for personal, non- commercial use. AliveCor reserves all rights not expressly granted herein in the Service and the Site Content. AliveCor may terminate this license at any time for any or no reason. Even after your license to access and use the Service and the Site Content is terminated, these Terms, including all of your obligations under these Terms prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Service and the Site Content.
3. Accounts and Registration. Subject to your eligibility to use the Service and compliance with these Terms, you may access the Service. To access most features of the Service, you must set up an account, though some features of the Service may be available without an account. If you open an account on behalf of a company, organization, or other entity, then “you” includes you and that entity. When you register for an account, you may be required to provide us with some information about yourself including personal information such as your name, email address, password, gender, height and birthdate. You may choose to provide additional information to us. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You will need to provide a password to register, and you are solely responsible for maintaining the confidentiality of this information. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account has been breached, please immediately notify us at support@careplussaudiarabia.com. Furthermore, AliveCor reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your account and password information. Under no circumstances shall any of AliveCor or its officers, directors, employees, consultants, subsidiaries, agents, and affiliated individuals or entities (collectively, the “AliveCor Entities”) be held liable to you for any liabilities or damages resulting from your failure to comply with these Terms, including any failure by you to keep your account and password or other information secure. Your account may automatically expire following any period of inactivity associated with your account in excess of twelve (12) consecutive months.
4. What You May Do. The Service is intended only to allow you to upload, view, share data with your healthcare professional, and use certain data pertaining to you as made available by the Service. You may not access or use the Service for any other purpose. You may use the Service, including any data presented to you on or by the Service, or otherwise hosted or stored by AliveCor for you, only for lawful and appropriate purposes on your own behalf, and subject to your full compliance with these Terms and any other guidelines and policies applicable to the Service which AliveCor may post from time to time.
5. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
• use or access the Service (a) from a jurisdiction where such use or access is not authorized, (b) for any illegal purpose, or (c) in violation of any local, state, national, or international law;
• conduct activities that may be harmful to others or that could damage AliveCor’s reputation;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or disclosing personal information about another person;
• post, upload, or distribute marketing or advertising links or content, or any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
• use scrapers, robots, or other data gathering devices on or through the Service, or frame or otherwise provide the Service to third parties without AliveCor’s permission;
• interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
• interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information, including without limitation ECG data or other health information, about another user or third party without their consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service or account without permission, or falsifying your account registration information;
• modify, translate, or create derivative works, adaptations or compilations of, or based on, the Service or part thereof, or use, copy or reproduce the Service or any part thereof other than as expressly permitted in these Terms;
• assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any Site Content (as defined in Section Error! Reference source not found.) or any right or ability to view, access, or use any Site Content; or
• attempt to do any of the acts described in this Section 4, or assist or permit any person in engaging in any of the acts described in this Section 4.
2. KardiaCare+ and Equipment
1. KardiaCare+. We make Kardia App available to access the Service via a mobile device
that must be compatible with the Kardia App. AliveCor does not provide you with mobile
devices to use the Kardia App and does not warrant that the Kardia App will be
compatible with your mobile device. You may incur data charges from your wireless
provider for the Services. You are responsible for complying with any third-party terms
of service and paying all fees charged by third parties to access and use the Kardia App,
including, without limitation, the payment of all applicable fees associated with any
carrier service plan you use in connection with your use of the Service (such as data,
SMS, MMS, roaming, and other applicable fees charged by the carrier). You agree that
you are solely responsible for any such charges. AliveCor hereby grants you a non-
exclusive, non-transferable, revocable license to use a compiled code copy of the Kardia
App on mobile devices owned or leased solely by you, and in accordance with the
features made available to you. You may not: (a) modify, disassemble, decompile or
reverse engineer the Kardia App except to the extent that such restriction is expressly
prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer
the Kardia App to any third party or use the Kardia App to provide time sharing or
similar services for any third party; (c) make any copies of the Kardia App; (d) remove,
circumvent, disable, damage or otherwise interfere with security-related features of the
Kardia App, features that prevent or restrict use or copying of any content accessible
through the Kardia App, or features that enforce limitations on use of the Kardia App; or
(e) delete the copyright and other proprietary rights notices on the Kardia App. You
acknowledge that AliveCor may from time to time issue upgraded versions of the Kardia
App, and may automatically electronically upgrade the version of the Kardia App that
you are using on your mobile device. You consent to such automatic upgrading on your
mobile device, and agree that the terms and conditions of these Terms will apply to all
such upgrades. Any third-party code that may be incorporated in the Kardia App is
covered by the applicable open source or third-party license, if any, authorizing use of
such code. The foregoing license grant is not a sale of the Kardia App or any copy
thereof, and AliveCor or its third-party partners or suppliers retain all right, title, and
interest in the Kardia App (and any copy thereof). Any attempt by you to transfer any of
the rights, duties or obligations hereunder, except as expressly provided for in these
Terms, is void. AliveCor reserves all rights not expressly granted under these Terms. If
the Kardia App is being acquired on behalf of the United States Government, then the
following provision applies. The Kardia App will be deemed to be “commercial
computer software” and “commercial computer software documentation,” respectively,
pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable.
Any use, reproduction, release, performance, display or disclosure of the Service and any
accompanying documentation by the U.S. Government will be governed solely by these
Terms and is prohibited except to the extent expressly permitted by these Terms. Kardia
App and KardiaCare+ originates in the United States and is subject to United States
export laws and regulations. The Kardia App may not be exported or re-exported to
certain countries or those persons or entities prohibited from receiving exports from the
United States. In addition, the Kardia App may be subject to the import and export laws
of other countries. You agree to comply with all United States and foreign laws related to
use of the Kardia App and the Service.
2. Licensed not Sold. Kardia App and KardiaCare+ are licensed to you, not sold to you.
3. KardiaMobile® 6L ECG Sensor. As part of the Service you will receive a
KardiaMobile 6L ECG sensor for your use in combination with KardiaCare+. This
device comes with standard warranties provided here. If you should have any issues
using the device please contact support at support@careplussaudiarabia.com.
4. Text Messaging. You may enroll to receive SMS/text messages from AliveCor regarding
account- related alerts, reminders, and messages from your coaches (“Text Messaging
Service” or “SMS Service”). By enrolling in the SMS/text messaging service, you agree
to receive text messages from to your mobile phone number provided by you, and you
certify that this mobile number is true and accurate and that you are authorized to enroll
the designated mobile number to receive text messages. You acknowledge and agree that
the text messages may be sent using an automatic telephone dialing system and that
standard message and data rates apply. Message frequency varies. To unsubscribe from
text messages at any time, reply STOP to the text message you received. You consent
that following such a request to unsubscribe, you may receive one final text message
from confirming your request. For help under this section, contact us
at support@careplussaudiarabia.com
5. Third Party Terms May Apply. Third party terms and fees may apply to the use and
operation of your device in connection with your use of KardiaCare+, such as your
carrier’s terms of services, and fees for phone service, data access, or messaging
capabilities, and that you are solely responsible for payment of any and all such fees.
6. AliveCor owns and operates the Service. The documents, other information and Site
Content (Section 13) available on the Service are protected by copyright and other
intellectual property laws throughout the world. All copyright and other proprietary
notices on any Site Content must be retained on any copies made thereof. Any
unauthorized reproduction, modification, distribution, public display or public
performance of any Site Content is strictly prohibited. AliveCor and its suppliers reserve
all rights not granted in these Terms.
7. Payment. Access to the Service, or to certain features of the Service, may require you to
pay fees. Before you pay any fees, you will have an opportunity to review and accept the
fees that you will be charged. All fees are non-refundable, to the fullest extent permitted
under applicable law. If AliveCor changes the fees for the Service, including by adding
additional fees or charges, AliveCor will provide you advance notice of those changes. If
you do not accept the changes, AliveCor may discontinue providing the Service or some
portion of the Service to you. AliveCor will charge the payment method you specify at
the time of purchase. You authorize AliveCor and its affiliates and partners to charge all
sums as described in these Terms, for the Service you select, to that payment method. If
you pay any fees with a credit card, AliveCor may seek pre-authorization of your credit
card account prior to your purchase to verify that the credit card is valid and has the
necessary funds or credit available to cover your purchase. The Service may include
functionality for activating, updating or canceling recurring payments for periodic
charges. If you activate or update recurring payments through the Service, you authorize
AliveCor to periodically charge, on a going-forward basis and until cancellation of either
the recurring payments or your account, all accrued sums on or before the payment due
date for the accrued sums. If you use the Service to update or cancel any existing
authorized one-time or recurring payment, it may take several business days for the
update or cancellation to take effect. AliveCor does not collect or store financial account
information as defined in the Privacy Policy. To the extent some or all the charges
referenced in this Section 2.7 are Covered Fees (defined below), you will not be charged.
3. Telehealth and Tele-coaching Services.
As part of the Service, AliveCor may enable you to obtain certain telehealth consultations with a
certified Medical Professional or other provider (each a “Medical Professional” or “Provider”)
licensed in your place of residence through a group of https://alivecor.com/privacy (collectively
“Partner Medical Practices”) that provide medical services exclusively to our users and
subscribers (“Telehealth Consultation”). Telehealth involves the delivery of healthcare
services using electronic communications, information technology or other means between the
Provider and a patient (you) who are not in the same physical space. While the provision of
healthcare services using telehealth may offer certain potential benefits, there are also potential
risks associated with the use of telehealth.
Another part of the Service may enable you to obtain asynchronous (not live, not in real time)
reviews by a Medical Professional of an ECG recording selected by you (“Clinician Review”)
performed by Partner Medical Practices or an equivalent practice. In the Clinician Review the
medical professional will review the ECG recording selected by you, make appropriate medical
findings and diagnoses from the ECG recording, make notes, and generate a report that is
provided back to you through KardiaCare+, again not in real-time. Collectively the Clinician
Review and the Telehealth Consultation may be referred to herein as “Telehealth Services”.
In order to utilize all features of the Service, you may be required to review and agree to the
informed consent from Partner Medical Practices or equivalent practice to use the Telehealth
Services, which consent will be presented to you separately as part of the onboarding process for
the Service. Any informed consent to use of Telehealth Services is hereby incorporated into
these Terms by reference and constitutes a part of these Terms.
The services you receive from Providers (i.e., Telehealth Services) are not intended to replace
your relationship with your personal physician or medical professional or to replace your
primary cardiology care. You may form an ongoing treatment relationship with some Providers.
However, your initial consultation with a Provider will not necessarily give rise to an ongoing
treatment relationship. You should seek emergency help or follow-up care when recommended
by a Provider or when otherwise needed and continue to consult with your primary care
physician and other healthcare professionals as recommended and needed.
There are potential risks associated with use of the telehealth services, which include but are not
limited to:
• Delays in evaluation and treatment could occur due to deficiencies or failures of the
equipment and technologies, or provider availability.
• In the event of an inability to communicate as a result of a technological or equipment
failure, please contact technical support at +966 50 019 5720 and/or write an email to
support@careplussaudiarabia.com.
• In rare events, your Provider may determine that the transmitted information is of
inadequate quality, thus necessitating a rescheduled telehealth consult or an in-person
meeting with your local primary care doctor.
• In very rare events, security protocols could fail, causing a breach of privacy of personal
medical information.
By accepting these Terms you acknowledge the following:
• Benefits from the Services may be realized by you, but no results are guaranteed or
assured.
• Laws that protect the privacy and security of health information also apply to telehealth,
and that you have read any provided Notice of Privacy Practices from Partner Medical
Practices that describes these protections in more detail.
• The Medical Professional may determine that the Telehealth Consultation or Clinician
Review are not appropriate for your needs and direct you to seek care from a different
provider.
4. Privacy Policy
The security and privacy of your data is AliveCor’s number one priority. Our Privacy Policy,
describes how we collect, use, disclose and share your information. By accepting these Terms,
in addition to any other terms that reference our Privacy Policy or any other application privacy
notices, you acknowledge you have read and understood our Privacy Policy.
5. Pricing, Charges and Payment Terms
1. Health Plan and Employer Provider Pricing and Payment Terms. If you are a health
plan or employer provider, or if you are an individual using the Service under a health
plan or employer provider, the pricing and payment terms are between the health plan or
employer provider and AliveCor or its partner(s), and such terms are set forth in a
separate provider services agreement between the health plan or employer provider and
AliveCor or its partner(s) (“Covered Fees”).
2. Individual Pricing and Payment Terms. If you are not accessing or using the Service
under your health plan or employer provider, then you are accessing or using the Service
on an individual basis. If you elect to use paid aspects of the Service, you agree to the
pricing and payment terms as set forth in your account or made available to you online.
AliveCor may add new services for additional fees and charges and to add or amend fees
and charges for existing services. Any change to our pricing or payment terms shall
become effective in the billing cycle following notice of such change to you as provided
in these Terms.
3. Optional Continued Coverage. If your health plan or employer provider has arranged
with AliveCor to pay the fees or charges, or any portion of the fees or charges, then such
fees or charges are Covered Fees and will be subject to a separate provider services
agreement between AliveCor and the health plan or employer provider, as noted above.
In the event that you are no longer eligible for such coverage under a health plan or from
an employer provider (e.g., if the health plan is cancelled, the employer no longer offers
such benefit or you are no longer employed by the employer provider) then you will have
the option to (i) assume any and all unpaid fees and continue use of the Service or (ii)
terminate your use of the Services. Please check with your health plan or employer
provider to determine the level of coverage and/or Covered Fees that your health plan or
employer provider will provide, if any, and if any additional fees apply to you. If you do
not have insurance coverage for the Service, or if payment or coverage is denied by
your health plan or employer provider, and you have used the Service, you
acknowledge and agree that you will be personally responsible for all fees or
charges. AliveCor offers no guarantee that your health plan or employer provider will be
responsible for such fees or charges.
4. Credit Card Payment. If you pay for any part of the Service by credit card, you hereby
authorize AliveCor, or a third party appointed by AliveCor, to bill and charge the credit
card indicated in your registration information for any fees and other amounts that may
become due and payable.
6. Access and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense,
appropriate software and hardware capabilities (consistent with any technical, quality or other
requirements described in the Service) to enable use of the Service. AliveCor reserves the right
to change the access configuration, including any software, hardware or other requirements of
the Service at any time without prior notice.
7. Medical Equipment
We may provide certain medical equipment (e.g., KardiaMobile 6L ECG sensors), which are for
your personal use only and not for resale.
8. User Content
1. User Content Generally. Certain features of the Service may permit you, your
healthcare provider, or other users to upload content to the Service, including messages,
images, data, text, location information, and other types of information (“User Content”)
and to publish User Content on the Service. You retain the copyrights, including any
moral rights, and any other proprietary rights that you may hold in the User Content that
you post to the Service; provided that if you choose to link your account to our Kardia
Pro service or information systems offered by your healthcare provider, any data
provided to your healthcare provider may become part of your health record, and that
copy of such data may be owned and/or controlled by your healthcare provider under
applicable law.
2. Limited License Grant to AliveCor. By posting or publishing User Content, you grant
AliveCor a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid,
transferable right and license (with the right to sublicense) to use, host, store, transfer,
display, perform, reproduce, modify, create derivative works of, and distribute your User
Content, in whole or in part, for any purpose in accordance with the Privacy Policy, in
any media formats and through any media channels now known or hereafter developed
where such is not prohibited by applicable laws. We may also create anonymized data
and images from your User Content, and such data and images will no longer be your
User Content. You irrevocably and forever waive any rights you may have regarding
your User Content being altered or manipulated in any way that may be objectionable to
you. AliveCor reserves the right to refuse to accept, post, display, or transmit any of your
User Content in its sole discretion.
3. Limited License Grant to Other Users. By posting or sharing User Content with other
users of the Service, or connecting your account to your healthcare provider through our
Kardia Pro service, you grant those users and/or healthcare providers a non-exclusive
license to access and use that User Content as permitted by these Terms and the
functionality of the Service.
4. User Content Representations and Warranties. You are solely responsible for your
User Content and the consequences of posting or publishing User Content. By posting or
publishing User Content, you affirm, represent, and warrant that:
• you are the creator and owner of the User Content, or have the necessary licenses,
rights, consents, and permissions to authorize AliveCor and users of the Service to
use and distribute your User Content as necessary to exercise the licenses granted by
you in this section, in the manner contemplated by AliveCor, the Service, and these
Terms; and
• your User Content, and the use of your User Content as contemplated by these
Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party
right, including any copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or proprietary right; (ii)
slander, defame, libel, or invade the right of privacy, publicity or other property
rights of any other person; or (iii) cause AliveCor to violate any law or regulation;
and
• you agree to pay for any and all royalties, fees, or other monies owing any person by
reason of User Content you post on or through the Service.
5. User Content Disclaimer. We are under no obligation to edit or control User Content
that you or other users post or publish and will not be in any way responsible or liable for
User Content. AliveCor may, however, at any time and without prior notice, screen,
remove, edit, or block any User Content that in our sole judgment violates these Terms or
is otherwise objectionable. You understand that when using the Service you will be
exposed to User Content from a variety of sources and acknowledge that User Content
may be inaccurate, offensive, indecent, or objectionable. To the fullest extent allowed
under applicable law, you agree to waive, and do waive, any legal or equitable right or
remedy you have or may have against AliveCor with respect to User Content. We
expressly disclaim any and all liability in connection with User Content, to the fullest
extent allowed under applicable law. If notified by a user or content owner that User
Content allegedly does not conform to these Terms, we may investigate the allegation
and determine in our sole discretion whether to remove the User Content, which we
reserve the right to do at any time and without notice.
6. Procedure for Unlawful User Content
If you believe that any User Content does not conform to these Terms, please notify us.
If you have an intellectual property rights-related complaint about material posted on the
Service, you may contact our designated agent at the following address:
AliveCor, Inc.
ATTN: Legal Department (Copyright Notification)
189 Bernardo Street, Suite 100
Mountain View, CA 94043
USA
650-396-8650
Email: copyright@alivecor.com
Please note that under applicable law, if you knowingly give false, misleading or
inaccurate information that User Content is infringing, you may be subject to civil or
criminal penalty.
Repeat Infringers. AliveCor will promptly terminate without notice the accounts of
users that are determined by AliveCor to be “Repeat Infringers.” A Repeat Infringer is a
user who has been notified of infringing activity or has had User Content removed from
the Service at least three times.
9. Third-Party Services and Linked Websites
The Site may contain links to other web sites operated by third parties. Such third-party web sites
are not under the control of AliveCor and we are not responsible for the content of any third
party web site or any link contained in a third party web site. AliveCor provides these links only
as a convenience and does not review, approve, monitor, endorse, warrant, or make any
representations with respect to third party web sites.
AliveCor may provide tools through the Service that enable you to export information, including
without limitation ECG Data and User Content, to third party applications or services such as
Google Fit or Apple Health, or import information from such third-party applications or services,
including through features that allow you to link your account on AliveCor with an account on
the third-party service. By using one of these tools, you represent, warrant, and agree that such
transfers are permitted under applicable law and that you are authorized to, and that we may on
your behalf, transfer that information to or from the applicable third-party service in accordance
with the Privacy Policy. Third-party services are not under our control, and we are not
responsible for any third-party’s use of your exported information. If you enable the features of
the Service that are designed to import information from such third-party services, you hereby
authorize and grant AliveCor a perpetual, irrevocable license to use such imported information
and disclose it to third parties such as your healthcare professional in accordance with the
Privacy Policy and applicable law. The Service may also contain links to third-party websites.
Linked websites are not under our control, and we are not responsible for their content.
10. Termination of Use; Discontinuation and
Modification of the Service
You may terminate your account at any time by following the procedures detailed on the
AliveCor website or contacting customer service at support@careplussaudiarabia.com. If you
violate any provision of these Terms, your permission from us to use the Service will terminate
automatically. In addition, AliveCor may in its sole discretion terminate your user account on the
Service or suspend or terminate your access to the Service at any time if you violate any
provision of these Terms, if we no longer provide any part of the Services or for any other
reason, with or without notice. We also reserve the right to modify or discontinue the Service at
any time (including by limiting or discontinuing certain features of the Service), temporarily or
permanently, without notice to you. To the fullest extent permitted under applicable law, we will
have no liability on account of any change to the Service or any suspension or termination of
your access to or use of the Service, provided that if AliveCor ceases to operate the Service and
terminates your access to the Service accordingly, then you will be entitled to a pro-rated refund
of any prepaid fees that you have paid to AliveCor for use of the Service. Upon the termination
of your account or this agreement for any reason, unless prohibited under applicable law,
AliveCor may at its option delete any data associated with your account.
11. Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable
to the Service or certain features of the Service that we may post on or link to from the Service
(the “Additional Terms”), such as end-user license agreements for any downloadable software
applications, or rules that are applicable to a particular feature or content on the Service. All
Additional Terms are incorporated by this reference into, and made a part of, these Terms.
12. Modifications to these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any
time. Please check these Terms periodically for changes. If a change to these Terms materially
modifies your rights or obligations (“Material Modifications”), we will notify you of the
modified Terms by email to the address you provided in your user profile. Material
Modifications will be effective upon your acceptance of such modified. Immaterial modifications
are effective upon publication. Disputes arising under these Terms will be resolved in accordance
with the version of these Terms that was in effect at the time the dispute arose. Your sole and
exclusive remedy if you do not agree with any modification to these Terms is to cancel your
account. You may not amend or modify these Terms under any circumstances.
13. Ownership; Proprietary Rights
The Service is owned and operated by AliveCor. The visual interfaces, graphics, design,
compilation, information, data, computer code (including source code or object code), products,
software, services, and all other elements of the Service (“Site Content”) provided by AliveCor
are protected by intellectual property and other laws. All Site Content included in the Service is
the property of AliveCor or our third-party licensors. Except as expressly authorized by
AliveCor, you may not make use of the Site Content. AliveCor reserves all rights to the Site
Content not granted expressly in these Terms.
14. No Medical Advice
We act as a technology platform to connect you with Providers (e.g., Partner Medical Practices)
who may be available to provide you with certain non-emergency medical care. However,
AliveCor is not itself a healthcare provider, and the Providers are solely responsible for
providing you with any medical care and treatment you receive via the Service. We do not
control or interfere with the practice of medicine by Providers, each of whom is responsible for
the professional medical services he or she provides. By accepting these Terms and by using the
Service, you are entering into a doctor-patient or other health care provider-patient relationship
solely with one or more Provider(s) and not with AliveCor. The information provided by
AliveCor as part of the Site Content and through the Service is for general informational
purposes only. None of the Site Content should be considered medical advice or an endorsement,
representation or warranty that any particular medication or treatment is safe, appropriate, or
effective for you.
15. Indemnity
To the fullest extent permitted under applicable law, you are responsible for your use of the
Service, and you will indemnify, hold harmless, and, if so directed by AliveCor, defend
AliveCor Entities from and against every claim, liability, damage, loss, and expense, including
reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access
to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any
representation, warranty, or agreement referenced in these Terms, or any applicable law or
regulation; (c) your violation of any third-party right, including any intellectual property right or
publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you
and any third party; and (e) all claims arising from or alleging fraud, intentional misconduct,
criminal acts, or gross negligence committed by you. To the fullest extent permitted under
applicable law, we reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you (without limiting your
indemnification obligations with respect to that matter), and in that case, you agree to cooperate
with our defense of that claim.
16. Non-Secure Communications
AliveCor Entities are required to comply with the federal healthcare privacy and security laws
and maintain safeguards to protect the security of your health information. Additionally, the
information you provide to your Provider during a medical consultation is legally confidential,
except for certain legal exceptions as more fully described in Partner Medical Practices Notice of
Privacy Practices. We devote considerable effort toward ensuring that your personal information
is secure. Information regarding our use of health and other personal information is provided in
our Privacy Policy. As part of providing you the Services, we will communicate to you via email
and text message, including, without limitation, if you have enrolled in AliveCor’s Text
Messaging Services as set forth in Section 4. Email and text messages are not secure methods of
communication and AliveCor Entities cannot ensure the security or confidentiality of messages
sent by email and/or text message.
17. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE
SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT
WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE
ALIVECOR ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, RELATING TO THE SERVICE, ALL MATERIALS AND
CONTENT AVAILABLE THROUGH THE SERVICE, AND ANY SOFTWARE OR
HARDWARE ASSOCIATED OR USED WITH THE SERVICE, OR THE AVAILABILITY
OF ANY OF THE FOREGOING, INCLUDING: (A) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF
COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO
WHETHER THE ECG DATA OR OTHER INFORMATION AVAILABLE ON OR
TRANSMITTED BY THE SERVICE IS TRUE, COMPLETE OR ACCURATE. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ALIVECOR IS NOT
RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR
YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED,
TRANSMITTED OR DISPLAYED BY OR ON THE SERVICE, WHETHER SUCH DATA IS
ACCURATE OR INACCURATE. THE ALIVECOR ENTITIES DO NOT WARRANT THAT
THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR
CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE,
OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT
WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH
THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE
ALIVECOR ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE
TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM
YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER
SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE
SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE,
ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT
THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR
OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR
MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF
DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR
USE OF THAT MATERIAL OR CONTENT.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF
WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR
IMPLIED BY LAW, SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS
OFFERED TO CONSUMERS IN THE EU, AND YOU MAY HAVE OTHER RIGHTS THAT
VARY FROM JURISDICTION TO JURISDICTION.
18. Limitation of Liability
IN NO EVENT WILL THE ALIVECOR ENTITIES BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY
OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO
OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY
MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT ANY ALIVECOR ENTITY HAS BEEN INFORMED
OF THE POSSIBILITY OF DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE
EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS
OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE
CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR
SERVICES.
IF ALIVECOR CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE
FOREGOING DAMAGES, THEN THE AGGREGATE LIABILITY OF THE ALIVECOR
ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE
OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE
UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS
LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO USE THE
SERVICE OR $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE
SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH
JURISDICTION. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES
ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS
LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS. NOTHING IN THESE
TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF
LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS
INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER
THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF
THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS
SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
THE LIMITATIONS IN THIS SECTION Error! Reference source not found. WILL APPLY
EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Governing Law and Competent Courts
To the fullest extent permitted pursuant to applicable law, these Terms are governed by the laws
of the State of California without regard to conflict of law principles. If a lawsuit or court
proceeding is permitted under these Terms, then you and AliveCor agree to submit to the
personal and exclusive jurisdiction of the state courts and federal courts located within Santa
Clara County, California for the purpose of litigating any dispute.
20. General
These Terms, together with the Privacy Policy and any other agreements expressly incorporated
by reference into these Terms, are the entire and exclusive understanding and agreement between
you and AliveCor regarding your use of the Service. Except as expressly permitted herein, these
Terms may be amended only by a written agreement signed by authorized representatives of all
parties to these Terms. You may not assign or transfer these Terms or your rights under these
Terms, in whole or in part, by operation of law or otherwise, without our prior written consent,
which may be granted or withheld at AliveCor’s sole discretion. Any attempted assignment by
you without such consent shall be null and void. We may assign these Terms at any time without
notice or consent, to the fullest extent permitted under applicable law. The failure to require
performance of any provision will not affect our right to require performance at any other time
after that, nor will a waiver by us of any breach or default of these Terms, or any provision of
these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of section headers in these Terms is for convenience only and will not have any impact on
the interpretation of any provision. If any part of these Terms is held to be invalid or
unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the
remaining parts will remain in full force and effect. Upon termination of these Terms, Sections
8-10, 12, 13, 18, 19, and 21- 25, along with the Privacy Policy, Notice of Privacy Practices and
any other accompanying agreements, will survive.
21. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO
ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER
IN WHICH YOU MAY SEEK RELIEF FROM US.
1. Generally. To the fullest extent permitted under applicable law and in the interest of
resolving disputes between you and AliveCor in the most expedient and cost-effective
manner, you and AliveCor agree that every dispute arising in connection with these
Terms will be resolved by binding arbitration, unless you are a consumer located in a
jurisdiction that prohibits the exclusive use of arbitration for dispute resolution.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, may allow for more limited discovery than in court, and can be
subject to very limited review by courts. Arbitrators can award the same damages and
relief that a court can award. This agreement to arbitrate disputes includes all claims
arising out of or relating to any aspect of these Terms, whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a
claim arises during or after the termination of these Terms. YOU UNDERSTAND AND
AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALIVECOR ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW.
2. Opt-Out of Agreement to Arbitrate: You can decline this agreement to arbitrate by
contacting support@alivecor.com within 30 days of first accepting these Terms of
Service and stating that you (include your first and last name, and email address used to
register for the Service) decline this arbitration agreement.
3. Exceptions. Despite the provisions of Section 21.1, nothing in these Terms will be
deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an
individual action in small claims court; (b) pursue an enforcement action through the
applicable federal, state, or local agency if that action is available; (c) seek injunctive
relief in a court of law; or (d) to file suit in a court of law to address an intellectual
property infringement claim.
4. Arbitrator. To the fullest extent permitted under applicable law, any arbitration between
you and AliveCor will be settled under the Federal Arbitration Act and governed by the
Commercial Dispute Resolution Procedures and the Supplementary Procedures for
Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration
Association (“AAA”), as modified by these Terms, and will be administered by the AAA.
The AAA Rules and filing forms are available online at www.adr.org, by calling the
AAA at 1-800-778-7879, or by contacting AliveCor.
5. Notice; Process. A party who intends to seek arbitration must first send a written notice
of the dispute to the other party by certified U.S. Mail or by Federal Express (signature
required) or, only if such other party has not provided a current physical address, then by
electronic mail (“Notice”). AliveCor’s address for Notice is: AliveCor, Inc., 189
Bernardo Street, Suite 100 Mountain View, CA 94043 USA. The Notice must: (a)
describe the nature and basis of the claim or dispute; and (b) set forth the specific relief
sought (“Demand”). The parties will make good faith efforts to resolve the claim
directly, but if the parties do not reach an agreement to do so within 30 days after the
Notice is received, you or AliveCor may commence an arbitration proceeding. During the
arbitration, the amount of any settlement offer made by you or AliveCor must not be
disclosed to the arbitrator until after the arbitrator makes a final decision and award, if
any. If the dispute is finally resolved through arbitration in your favor, AliveCor will pay
you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the
last written settlement amount offered by AliveCor in settlement of the dispute prior to
the arbitrator’s award; or (iii) $1,000.
6. Fees. If you commence arbitration in accordance with these Terms, AliveCor will
reimburse you for your payment of the filing fee, unless your claim is for more than
$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any
arbitration hearing will take place at a location, to be agreed upon, in Santa Clara County,
California, but if the claim is for $10,000 or less, you may choose whether the arbitration
will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b)
through a non-appearance based telephone hearing; or (c) by an in-person hearing as
established by the AAA Rules in the county (or parish) of your billing address. If the
arbitrator finds that either the substance of your claim or the relief sought in the Demand
is frivolous or brought for an improper purpose (as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by
the AAA Rules. In that case, you agree to reimburse AliveCor for all monies previously
disbursed by it that are otherwise your obligation to pay under the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a
reasoned written decision sufficient to explain the essential findings and conclusions on
which the decision and award, if any, are based. The arbitrator may make rulings and
resolve disputes as to the payment and reimbursement of fees or expenses at any time
during the proceeding and upon request from either party made within 14 days of the
arbitrator’s ruling on the merits.
7. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW, YOU AND ALIVECOR AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and AliveCor agree
otherwise, the arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding, to the fullest
extent permissible pursuant to applicable law.
8. Claims. To the fullest extent permitted under applicable law, no action arising out of, in
connection with, or relating to these Terms shall be brought by you more than one (1)
year after the accrual of the cause of action. This period shall not be extended for any
reason, except by the written consent of both parties. All statutes or provisions of law
which would toll or otherwise affect the running of the period of limitation are hereby
waived, and no such statute or provision of law shall operate to extend the period limited
in this paragraph, to the fullest extent permitted under applicable law.
9. Modifications to this Arbitration Provision. If AliveCor makes any future change to
this arbitration provision, other than a change to AliveCor’s address for Notice, you may
reject the change by sending us written notice within 30 days of the change to AliveCor’s
address for Notice, in which case your account with AliveCor will be immediately
terminated and this arbitration provision, as in effect immediately prior to the changes
you rejected will survive.
10. Enforceability. If Section 21.7 is found to be unenforceable or if the entirety of this
Section 21 is found to be unenforceable, then the entirety of this Section 21 will be null
and void and, in that case, the parties agree that the exclusive jurisdiction and venue
described in Section 19 will govern any action arising out of or related to these Terms.
22. Notices; Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as
further described in the Privacy Policy. Please read the Privacy Policy to learn more about our
electronic communications practices. You agree that any notices, agreements, disclosures, or
other communications that we send to you electronically will satisfy any legal communication
requirements, including that those communications be in writing. All notices from AliveCor
intended for receipt by You shall be deemed delivered and effective when sent to the email
address provided by You during the registration process or when posted to and made available to
you on the Service. If you change the email address provided in connection with your
registration to access and use the Service, you must update your address in accordance with the
procedures set forth on the Service. By providing your mobile number to us, you consent to
receive text messages at that number as requested for account verification, message notifications,
and other purposes related to the Service. While we do not charge a fee for text messages, your
carrier may charge standard messaging, data, and other fees. You are responsible for those
charges. We may send and receive text messages through cellular telephone operators or other
networks, and the level of reliability may vary. We are not responsible for the timeliness or final
delivery of the message, as this is outside our control and is the responsibility of the cellular
telephone operator or other networks. Notwithstanding the foregoing, we will use your mobile
number in accordance with the Privacy Policy.
23. Contact Information
The Service is offered by AliveCor, Inc. You may contact us by emailing us at
support@careplussaudiarabia.com.
