Terms of Use

This Terms of Use (“Terms”) governs your (“You”, “Your”) use of the HRV Trace mobile application (the “App”), which is provided by Ibernetics, LLC (“Ibernetics” “We,” “Us” or “Our”) for Your use in connection with Your personal mobile device.

By downloading and using the App You agree and acknowledge:

  1. The App and related site augments lifestyle programs such as stress-management, resiliency-training or personal-effectiveness. Ibernetics recommends that the App be used under the supervision of an Ibernetics-certified person, who has specialized training in the use of the App in conjunction with lifestyle programs. Please see Section 2 and Section 9 regarding Ibernetics’ Limitations on Use and Limitation of Liability.
  2. LIMITATIONS ON USE. You agree to use the App only to augment lifestyle programs as described in Section 1 and not for treatment of a medical condition. If You have a medical condition of any kind, You may use the App only if You are under the care of a professional who can advise You on such use. Even if You do not have a medical condition, You may want to seek the advice of a physician or other qualified health provider before using this App. The App is not a substitute for professional medical advice, diagnosis, or treatment. Do not ignore professional medical advice or delay in seeking medical advice or treatment because of this App.
  3. LICENSE: For so long as You comply with these Terms, including the Privacy Policy, You are permitted to use the App solely for Your own use. This is the grant of a license, not a transfer of title, and under this license
    1. You may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial) WITHOUT EXPRESS PERMISSION, except that You may email Your information in the App to a third-party You designate;
      3. attempt to decompile or reverse engineer any software contained on the App;
      4. remove any copyrighted or other proprietary notations from the materials; or
      5. transfer the materials to another person or “mirror” the materials on any other server; or
      6. violate or attempt to violate or interfere with the rights of any third-party, including copyrights.
    2. You may email the data stored by Heart Trace to third-parties of Your choosing. You agree not to mail any of the App data to Us, except with Our prior written consent. We will not respond to any questions about Your data. You agree to email third-parties in compliance with the law and community standards. Without limiting the foregoing, You agree that when emailing Your data You will not defame, abuse, harass, threaten, stalk, or otherwise violate the legal rights of others. You agree You will not email any profane, defamatory, obscene, indecent or unlawful material, or infringe upon the rights of others.
    3. You are responsible for any actions that take place on the App using Your information, including providing content to third-parties. You will be held responsible for Your actions.
    4. This license shall automatically terminate if You violate any of these restrictions and may be terminated by Us at any time.
  4. YOUR LICENSE TO US. With respect to any content You provide, You grant Us a perpetual, irrevocable, non-exclusive, world-wide and fully paid-up license to display and modify Your content solely for the purposes of Your use of the App. You represent and warrant that You have adequate rights in any content that You input into the App and that nothing You provide has inadequate rights to grant us the full license herein.
  5. THE MATERIALS ON THE APP AND RELATED SITE ARE PROVIDED “AS IS.” RELIANCE ON THE APP AND THE DATA IT COLLECTS FROM YOUR PERSONAL DEVICE IS AT YOUR OWN RISK. CALL 911 OR YOUR PHYSICIAN IN THE EVENT OF A MEDICAL EMERGENCY. THE PROVIDER OF THIS APP MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE PROVIDER OF THIS APP DOES NOT WARRANT AND MAKES NO REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THE APP OR OTHERWISE RELATING TO SUCH MATERIALS. THE HEART-RATE DATA (“DATA”) TRANSMITTED FROM THE COMMERCIAL HEART-RATE MONITORS ON YOUR DEVICE TO THE APP ARE NOT MEDICAL GRADE AND MAY CONTAIN ARTIFACTS OR ERRORS. THE DATA MAY NOT BE USED TO DETERMINE HEART-RATE CHANGES CAUSED BY DISEASE. IF YOU ARE CONCERNED ABOUT THE DATA RECORDED BY THE APP, PROMPTLY SEE A HEALTH-CARE PROFESSIONAL FOR EVALUATION.
  6. You agree to indemnify, defend and hold harmless Ibernetics, its members, managers, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of or inability to use the App, any content You email to a third-party, Your violation of any Terms or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. We reserve the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the provider in asserting any available defenses.
  7. Ibernetics owns all right and title to the App, including text, layout, photographs, drawings, designs, and multi-media. You acknowledge You receive only a limited right to use such content on the App solely for the purposes intended and receive no right to copy, distribute, modify, or create derivative works which are inconsistent with the purposes of Ibernetics in making this content available.
  8. Your use of the App and related site is subject to the Privacy Policy. Please review the Privacy Policy, which is provided on the related site and incorporated herein, which informs users of our data collection practices.
  9. LIMITATION OF LIABILITY. IN NO EVENT WILL IBERNETICS BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF YOUR USE OR INABILITY TO USE THE APP OR RELATED SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
  10. APP AND RELATED SITE TERMS OF USE MODIFICATIONS. These terms may be revised at any time without notice. By using the App and relate site You are agreeing to be bound by the then current version of these Terms. YOUR SOLE RECOURSE IF YOU REFUSE TO ACCEPT AMENDMENT TO THESE TERMS IS TO CEASE USE OF THE APP AND RELATED SITE.
  11. GOVERNING LAW. Any claim relating to the App, related site, or these terms shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions.
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