Last Updated: Jan 5, 2021
Please read these Terms carefully before using the Services. By accessing or using the Services, you agree that you have read, understand and agree to be legally bound by these Terms. You state that you possess all the necessary legal authority to accept these Terms on behalf of yourself. If you do not agree to be bound by these Terms in their entirety, you may not use the Services.
We reserve the right to, at our sole discretion, to modify, discontinue or terminate the Site, Services or Smart Dyspnea or to modify these Terms, at any time and without prior notice. Unless otherwise specified, any modifications to these Terms will be effective immediately upon being posted, and your continued use of the Services following any such modifications will be deemed acceptance thereof. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to the modified Terms, you must stop using the Services. You can cancel your account with us without further obligation, except for any amounts that may be due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation).
Our Services are not intended to be used by minors. You must be at least eighteen (18) years old to use the Services. If we determine that you are under the age of eighteen (18), we will terminate your use of the Services. If you intend to use the Services on behalf of a company, partnership, association, government or any entity or organization (“Organization”), then such use may not be undertaken pursuant to these Terms, but must rather be undertaken pursuant to a Services Agreement agreed to by the Organization. Accounts In order to access the Services, you are required to create a personal account by providing, accurate, true, current and complete information about yourself as prompted by the relevant registration processes (the “Registration Data”). You must promptly update your Registration Data as necessary to ensure it remains accurate, true, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or Smart Dyspnea has reasonable grounds to believe that such Registration Data is untrue, inaccurate, not current or incomplete, Smart Dyspnea has the right to suspend or terminate your access to or use of the Services. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. You may be asked to create or you may receive a password and username designation upon completing the registration process. Such passwords or usernames will be for the exclusive and non-transferable
You are responsible for safeguarding the confidentiality of the password and you are fully responsible for all activities that occur under your password or account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. You agree that you will not use another person’s and entity’s information including username, password or other account information. You also agree to notify us promptly of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Services. If there is an indication that you are in breach of these Terms, or that your account has been compromised, Smart Dyspnea may suspend, restrict or remove your access to the Services immediately without prior notice. Smart Dyspnea may also remove your account or restrict your access to the Services, if you have not accessed or utilized the Services for more than six (6) months. Further, as a condition of using the Services, you must:
Our Content and Intellectual Property
In these Terms the content and materials, including without limitation software, information, data, logos, marks, designs, images, text, graphics, buttons, domain names, meta-tags and the general ‘look and feel’, contained in or available through the Services (including, without limitation, Smart Dyspnea and the Site) is called “Content”. Other than your User Content (defined below), all Content and all software available on or in respect of the Services or used to create and operate the Services (including, without limitation, Smart Dyspnea and the Site), and any future updates, upgrades and new versions thereof is the property of Smart Dyspnea or its licensors, and is protected by Canadian and international intellectual property laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Smart Dyspnea reserves all rights in and to the Content, the Services, Smart Dyspnea and the Site not expressly granted to you under these Terms. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Smart Dyspnea.
Smart Dyspnea grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and to view, copy and print the portions of the Content available to you through the Services solely for your own personal, non-commercial purposes. Such license includes the right to download, install and run a copy of Smart Dyspnea on a mobile device that you own or control.
Such license is subject to these Terms, and specifically conditioned upon the following (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose. Except as expressly permitted above, any access to or use of any portion of the Services or Content (including, without limitation, Smart Dyspnea and the Site) is strictly prohibited and will terminate the licenses granted in this Section, these Terms and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The licenses in this Section are revocable by Smart Dyspnea at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
During your access or use of the Services, you are enabled or otherwise required to post, upload, store, share, send, or display your personally identifiable information and other data (such as your height, weight, age, gender, blood flow, etc.), profiles, opinions, messages, notes, comments, and any other information and content (“User Content”) to and via the Services.
Your User Content is your property. Our only right to your User Content is the limited license to it granted in these Terms.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the sole discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.
You represent and warrant that you own and control all of the rights to your User Content, or you otherwise have the lawful right to use your User Content, in connection with the Services, and that such use does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
You represent and warrant that the use and provision of your User Content on the Service will not (i) infringe, misappropriate, or violate a third party’s rights; (ii) violate any applicable law or regulation or would give rise to civil liability; or (iii) be fraudulent, false, misleading, or deceptive. Smart Dyspnea assumes no liability for your User Content (including without limitation maintaining a backup of your User Content) and you are solely responsible for any liability arising from or related to any of your User Content.
Use of Your Device
Full use of and access to the Services will be dependent on at least (among others) the following elements: (i) supported device with Smart Dyspnea properly installed; (ii) adequate and legally compliant internet access; and (iii) processing and analysis capabilities located at remote servers. The availability and function of such elements may influence the performance of the Services. You are responsible for ensuring the mobile device has the adequate functions.
We take reliability and security seriously, and put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Services, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
Any of the Services may be or may become subject to payment of fees. If any fees are charged, these will be notified separately and we may set out further terms applying to such payments.
Should you submit any comments or feedback to us, you agree that we can use, reproduce, and exploit them without any restriction and compensation to you, unless otherwise agreed between you and Smart Dyspnea.
You may receive notifications, emails, text messages, alerts, and other electronic communications during your use of the Services for the purpose as we may need to provide you with certain notifications, such as announcement regarding service changes or policy changes. We are not responsible for any fees which may be charged by your carrier regarding these communications. Any such communications will be in accordance with applicable law requirements. Additional Terms You acknowledge and agree that these Terms are not between you and the application stores where Smart Dyspnea is downloaded from. You, and not Smart Dyspnea, are solely responsible for any disputes or claims in relation to the application stores that are not connected with Smart Dyspnea or your use of Smart Dyspnea.
Not for Medical Purposes
OUR SERVICES ARE NOT INTENDED FOR MEDICAL PURPOSES.THE SERVICES DO NOT OFFER ANY KIND OF MEDICAL ADVICE AND ARE NOT INTENDED FOR ANY MEDICAL USE OR PURPOSES. OUR SERVICES ARE INTENDED FOR GENERAL WELLNESS ONLY.
THE ESTIMATIVE MEASUREMENTS (“MEASUREMENTS”) PROVIDED TO YOU OF PHYSIOLOGICAL STATES INCLUDING OXYGEN SATURATION SHOULD NOT BE TREATED AS MEDICAL ADVICE. THE MEASUREMENTS WE PROVIDE TO YOU ARE NOT INTENDED TO BE UTILIZED FOR ANY MEDICAL PURPOSES OR TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE, AILMENT OR INJURY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE WE ARE NOT PROVIDING ANY MEDICAL ADVICE VIA OUR SERVICES. ALL CONTENT PROVIDED BY OUR SERVICES INCLUDING THE MEASUREMENTS IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, AND (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. YOUR USE OF OUR SERVICES DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN SMART DYSPNEA AND YOU.
THE MEASUREMENTS PROVIDED TO YOU ARE BASED ON INDICATORS AND STANDARDS DEVELOPED BY SMART DYSPNEA ITSELF AND ARE ONLY FOR GENERAL WELLNESS PURPOSES, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. WHILE WE MAKE EVERY EFFORT TO PROVIDE ACCURATE ESTIMATIVE MEASURES, WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, COMPLETENESS OR CORRECT USE OF MEASUREMENTS, CONTENT AND ANY OTHER INFORMATION OR RESULTS YOU RECEIVE THROUGH THE SERVICES.
Disclaimer of warranties and damages
YOUR USE OF THE SERVICES, SOFTWARE (INCLUDING WITHOUT LIMITATION, SMART DYSPNEA AND THE SITE), AND CONTENT (COLLECTIVELY, THE “SMART DYSPNEA SOLUTION”), AND ANY THIRD PARTY APPS IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THESE TERMS, ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART DYSPNEA, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE SMART DYSPNEA SOLUTION OR THIRD PARTY APPS ARE OR WILL (i) BE FIT FOR A PARTICULAR PURPOSE, (ii) BE OF GOOD TITLE, (iii) BE OF MERCHANTABLE QUALITY, (iv) MEET YOUR REQUIREMENTS, (v) BE COMPATIBLE WITH YOUR DEVICE, OR (vi) NOT INTERFERE WITH OR INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE, SMART DYSPNEA, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SMART DYSPNEA SOLUTION. SMART DYSPNEA, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SMART DYSPNEA SOLUTION IS OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY IMPROPER USE OR MISUSE OF THE SERVICES (SUCH AS ANY UNAUTHORIZED MEASUREMENT OF ANY OTHER PEOPLE WITHOUT EXPLICIT CONSENT OF THE LATTER), OR USE OF THE SERVICES FOR ANY UNINTENDED PURPOSE). WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY IMPROPER USE OR MISUSE OF THE SERVICES (SUCH AS ANY UNAUTHORIZED MEASUREMENT OF ANY OTHER PEOPLE WITHOUT EXPLICIT CONSENT OF THE LATTER), OR USE OF THE SERVICES FOR ANY UNINTENDED PURPOSE).
Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Smart Dyspnea, its affiliates or subsidiaries, their Suppliers, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Smart Dyspnea Solution or any Third Party Apps, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Smart Dyspnea Solution or any Third Party Apps. You use the Smart Dyspnea Solution or any Third Party Apps at your own risk. Without limiting the foregoing, neither Smart Dyspnea nor any other Released Party shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Smart Dyspnea Solution or any Third Party Apps, including without limitation any damages caused by or resulting from your reliance on the Smart Dyspnea Solution or any Third Party Apps or other information obtained from Smart Dyspnea or any other Released Party or accessible via the Smart Dyspnea Solution or any Third Party Apps, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Smart Dyspnea or any other Released Party’s records, programs or services. In no event shall the aggregate liability of Smart Dyspnea, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Smart Dyspnea Solution exceed any compensation paid by you for access to or use of the Smart Dyspnea Solution during the three months prior to the date of any claim. In no event shall Smart Dyspnea have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability or other theory, arising out of or relating to the use any Third Party Apps.
You will indemnify and hold harmless Smart Dyspnea and any Released Parties from and against any claims, lawsuits, demands, disputes or investigations brought by any third party, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with: (i) your access to or use or misuse of the Services, (ii) your User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party (collectively, “ Indemnified Claims”). Smart Dyspnea reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. You agree to reasonably cooperate as requested by Smart Dyspnea in the defense of any Indemnified Claims.
Governing Law and Dispute Resolutions
Smart Dyspnea’s failure or delay to enforce any right or provision of these Terms will not be considered a waiver of those rights. Smart Dyspnea may assign any or all of its rights hereunder to any party without your consent. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
The Services are operated and provided by Smart Dyspnea Corporation. If you have any questions about these Terms or the Services, please email us at email@example.com