Last updated: July 25, 2024
Welcome to Heart Rate Monitor Plus!
At Heart Rate Monitor Plus (referred to as the “App” throughout), these Terms of Use govern your access to and use of the App and website of the App. By accessing or using the App or the website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you shall not access or use the App and/or the website.
The App allows you to monitor your heart rate, stress level, better understand your health, and learn how to stay healthy.
Please read these Terms of Use carefully before you start to use the App. They include important disclaimers you should consider, your rights and obligations when using the App.
Contact Information
FINDMY LLC
651 N BROAD ST STE 205 6446
MIDDLETOWN, DE 19709
support@heart-rate.co
CHANGES TO THE TERMS OF USE
We reserve the right to modify these Terms of Use at any time. We will notify you of any changes by posting the new Terms of Use on the App. You are advised to review these Terms of Use periodically for any changes. Changes to these Terms of Use are effective when they are posted on the App. Your continued use of the App and/or the website following the posting of changes will mean that you accept and agree to the changes.
We, along with our licensors where applicable, retain all rights to the App, including all modifications, additions, and versions, as well as the text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork, and other content, and their components, excluding user content. All trademarks, service marks, and trade names associated with the App are owned, registered, and/or licensed by us and our licensors.
Subject to compliance with these Terms of Use, you are granted the right to use the App in accordance with the terms outlined herein.
You shall be at least 16 years old. By using the App, you represent and warrant that you meet this age requirement.
We strive to ensure that our heart monitoring methods are as accurate as possible. However, the App is not a substitute for professional medical advice, diagnosis, or treatment. While we take all reasonable measures to provide accurate readings, we do not assume any responsibility for the accuracy of the measurements or any consequences arising from their use.
The articles and insights provided in the App are sourced from official sources, and we make every effort to include links to the original sources where feasible. However, we cannot guarantee the accuracy or reliability of the content.
The accuracy of the heart rate measurements can be influenced by various factors, including but not limited to the model of the phone, finger positioning, and other environmental conditions. Users should be aware that these factors can impact the results.
The App requires access to the camera only during the measurement process. Once the measurement is complete, the App immediately terminates camera access. We do not store or retain any camera data beyond the duration of the measurement.
When creating an account within the App, you will be required to enter certain information such as gender, age, weight, and height. Please note that we do not link this data to individual users. These details are used solely to enhance the accuracy of measurements. We encourage you to provide accurate information as it may affect the accuracy of measurements. Please ensure the information you enter is correct to help us provide precise readings.
You are solely responsible for maintaining the security of your account and the information stored within it. We cannot be held liable for any data loss that occurs due to your loss of account access.
You have the option to delete or modify the information in your account at any time. Please be aware that deleting your account is irreversible, and all data associated with it will be permanently removed from our systems. We do not retain backups or archives of deleted account data.
The subscription fee is paid for a specified period as indicated in the App. We reserve the right to modify the subscription fee at our discretion. Any changes will take effect from the next subscription period. You will receive advance notice of any fee adjustments. If you do not agree to the new fee, you can cancel your subscription, which will expire at the end of the current subscription period.
All financial transactions related to the subscription are processed by the respective app store (e.g., App Store, Google Play) or third-party payment provider under their terms of use, privacy policy, and applicable payment terms. Please familiarize yourself with these practices. We are not responsible for the actions or inactions of any payment processor. For subscription-related payment issues, please contact the payment processor directly.
Unless you cancel your subscription before the current period ends, it will automatically renew for another term. You will be notified of the upcoming renewal and the applicable fee. Note that renewal fees are non-refundable once charged, except as required by law. If you cancel, your subscription remains active until the current period ends, with no charge for subsequent renewals.
Paid subscription fees are generally non-refundable, except where mandated by law.
By purchasing a subscription, you confirm that you have the necessary permissions to make the purchase.
Users may have the option to submit content through the App, such as comments, feedback, or other materials (the “Content”).
By submitting Content through the App, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content in connection with the operation and promotion of the App and our business.
Users are solely responsible for their own Content. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Content.
Content shall not violate any third-party rights, including intellectual property rights, privacy rights, or rights of publicity. We reserve the right to remove or disable access to any Content that violates these terms or is otherwise objectionable.
Users may provide feedback regarding the App’s features, functionality, or performance (the “Feedback”). By submitting Feedback, you grant us the right to use such Feedback for any purpose without compensation to you.
We may, but has no obligation to, monitor, review, or edit Content. However, we reserve the right to remove or disable access to any Content for any reason, without notice.
Content may be processed in accordance with our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and disclose your information.
The App is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied. We make no representations or warranties, express or implied, regarding the accuracy, reliability, or suitability of the App for any particular purpose. We do not guarantee that the App will meet your requirements, operate uninterrupted, be timely, secure, or error-free. Any reliance on the App and its content is at your own risk.
We reserve the right to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.
You agree to indemnify, defend, and hold harmless us, our authorized officers, directors, employees, agents, partners, licensors, resellers, successors, and assigns from and against any third-party claim arising from or related to your breach of these Terms of Use or Privacy Policy, or your violation of any applicable laws, rules, or regulations in connection with your use of the App.
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you for using the App or $50.00, whichever is greater.
We shall not be liable or responsible for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, flood, fire, earthquake, war, terrorism, riot, internet connection degradation, strikes, labor stoppages, governmental action, or shortages of power or telecommunications.
We reserve the right to terminate or suspend access to your account and the App at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, your right to use the App will immediately cease.
If you wish to terminate your account, you may simply discontinue using the App.
Any legal action arising from or relating to these Terms of Use shall be exclusively governed by the laws of the State of Delaware, USA.
Efforts will be made to resolve all disputes, controversies, and claims arising in connection with the execution, termination, or invalidation of these Terms of Use through negotiations. If a dispute or claim cannot be resolved through negotiations, the side with any claims and/or disagreements shall notify the other side in writing. If the dispute or claim remains unresolved, it shall be submitted to the courts of the State of Delaware for resolution.
If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision.
You may not assign these Terms of Use, whether by operation of law or otherwise, without our prior written consent.
These Terms of Use constitute the entire agreement between you and us regarding the use of the App and supersede any prior agreements between you and us regarding such use.
The titles of clauses in these Terms of Use are for convenience only and have no legal or contractual effect. The term "including" means “including without limitation.”
You may not assign these Terms of Use or your rights and obligations herein without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may assign these Terms of Use without your consent. These Terms of Use shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.