Software Terms of Service
In force from 01.02.2021
These Terms of Service (“Terms”) are considered to constitute an agreement between a natural person using the Services (“User”, “you” or any similar wording) and MX Labs. The Services mean the software application entitled Heart Monitor and/or any services provided by MX Labs which are connected with using such application. MX Labs means MX Labs OÜ, Lõõtsa tn 5, 11415 Tallinn, Estonia and its legal successors.
- As long as the User complies with the Terms, MX Labs grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Services for private non-commercial purposes only using internal memory of mobile devices under User’s possession, including on many devices simultaneously.
- The use of Services shall be possible through an account hosted by MX Labs, platform provider (e.g. Apple App Store, Google Play Store) or other third party as the case may be. The License does not convey any ownership of the Services to the User, all rights to the Services are retained by MX Labs.
- All of the content and materials, including, among others, 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 content or materials which may be created in the future, such as updates, upgrades or new versions thereof (“Content”) is and remains without any time limit the property of MX Labs or its licensors if it used under a license as the case may be. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. User is entitled only to a limited use of such Content as expressly provided in certain stipulations of these Terms.
- User shall not try to break or bypass the Content’s securities, decompile, reverse engineer, reproduce, decompose, create derivative works. remove copyright information from, upload viruses, malware and other harmful components, damage the Content, disrupt other Users comfort of making use of the Services, as well as violate any law provision using the Content.
- Throughout the use of the Services, the User is enabled or otherwise required to post, upload, store, share, send, or display their personally identifiable information and other data (such as height, weight, age, gender, face image, etc.), profiles, opinions, messages, notes, comments, and any other information and content (“User Content”) to and via the Services.
- User Content is and remains the property of the User who created such Content. MX Labs rights to use User Content are limited to such rights which are expressly granted in these Terms. MX Labs is not responsible and/or liable for maintaining the User Content and shall not be liable for any loss or damage of such content as well as any loss or damage caused by User Content to the User or third parties.
- The User represents and warrants that the User has the lawful right to use the 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 third party as well as violate any laws.
- MX Labs provides Services to Users on an as-is basis, depending on availability of such Services, which can be beyond MX Labs control (e.g. due to a technical error in server operations). MX Labs shall not guarantee full and constant availability of Services, their stability and appropriate operation as well as safety of making use of such Services.
- MX Labs shall bear no liability for any interruptions in the Services availability, potential errors, damage caused by making use of such or the impossibility to make use of them, including loss of profit and damage in property.
- Certain Services can require a stable and regular Internet connection to secure full functionality of the Services. MX Labs shall bear no liability for any loss that the User can suffer due to an unstable Internet connection, an interruption in an Internet connection or an Internet connection with low data transfer.
- In the event of using the Services through a mobile Internet connection, data transfer fees as well as other charges collected by the User’s operator or roaming provider apply in accordance with the tariff applicable to the User. Downloading and making use of certain MX Labs Services may be subject to restrictions or bans imposed by the User’s operator or provided for in laws of applicable state. Certain MX Labs Services may not operate on mobile device types used by the User.
- In order to access the Services, the User is required to create a personal account by providing accurate, true, current and complete information about yourself as required during the registration process. If MX Labs determines that such information is not true, current or complete, your use of Services may be terminated.
- The Services are not intended to be used by minors. The User must be at least eighteen (18) years old to use the Services. If MX Labs determines that you are under the age of eighteen (18), your use of the Services shall be terminated.
- User account cannot be assigned, transferred, sold or leased to any other person. In case of an unauthorized access to such account due to User’s negligence or violation of the Terms, User shall be liable for any damage caused by such access. In case of such unauthorized access, User shall immediately notify MX Labs.
- MX Labs may suspend or delete User’s account, as well as suspend or deprive the User of their possibility to use Services in case of violation of other Terms stipuations or breach of relevant law stipulations or any other terms applicable to Services.
PAYMENTS AND ADS
- Any of the Services may be or may become subject to payment of fees. If any fees are charged for any part of the Services, these will be notified separately and explicitly to the User. If such payments are subject to other terms, User shall be explicitly informed thereof.
- The Services may also prompt or contain third party advertisements. All such advertisings are paid for by the relevant third party advertiser and are not recommendations or endorsements by MX Labs or any other entities related to MX Labs. You should refer to the relevant advertiser for information on its products and/or services should you have any queries concerning such ads. MX Labs has no responsibility or liability for in respect of such third party advertisements whatsoever. Any use of and reliance on such information as provided in the advertisements is at your own risk.
PRIVACY AND PROCESSING OF PERSONAL DATA
- THE 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. THE SERVICES ARE INTENDED FOR GENERAL WELLNESS ONLY AND PROVIDE THE USER WITH AN ESTIMATED MEASUREMENTS AND NO MEDICAL ADVICE WHATSOEVER.
- THE ESTIMATIVE MEASUREMENTS (“MEASUREMENTS”) PROVIDED TO YOU OF PHYSIOLOGICAL AND PSYCHOLOGICAL STATES INCLUDING HEART RATE, STRESS AND BLOOD PRESSURE SHOULD NOT BE TREATED AS MEDICAL ADVICE. THE MEASUREMENTS MX LABS PROVIDES TO THE USER 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 MX LABS IS NOT PROVIDING ANY MEDICAL ADVICE VIA THE SERVICES. ALL CONTENT PROVIDED BY THE SERVICES INCLUDING THE MEASUREMENTS AND ANY OTHER OUTCOME OF USING THE SERVICES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF USER’S PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, AND (B) A VISIT, CALL OR CONSULTATION WITH USER’S PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. IN CASE THE USER HAS ANY HEALTH-RELATED QUESTIONS, SUCH USER SHOULD CONTACT USER’S PHYSICIAN OR OTHER HEALTHCARE PROVIDER IMMEDIATELY. IF AN USER IS EXPERIENCING AN EMERGENCY SITUATION, SUCH USER NEEDS TO CONTACT A PHYSICIAN OR ANY LOCAL EMERGENCY SERVICES IMMEDIATELY. USE OF THE SERVICES DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN MX LABS AND USER ACCORDINGLY.
- THE MEASUREMENTS PROVIDED TO THE USER ARE BASED ON INDICATORS AND STANDARDS DEVELOPED BY MX LABS AND ARE INTENDED ONLY FOR GENERAL WELLNESS PURPOSES, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. WHILE MX LABS MAKES EVERY EFFORT TO PROVIDE ACCURATE ESTIMATIVE MEASURES, MX LABS MAKES 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, RESULTS OR OUTCOMES A USER MAY RECEIVE THROUGH THE SERVICES.
- USE OF THE SERVICES AND ANY CONTENT OR OUTCOMES RECEIVED THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES, AS WELL AS ANY THIRD PARTY APPS IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THESE TERMS, ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MX LABS, 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 SERVICES, ITS CONTENT OR OUTCOMES 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, MX LABS, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, QUALITY OF THE SERVICES. MX LABS, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.
- SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO A PARTICULAR USER. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM TERRITORY TO TERRITORY. MX LABS HAS 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).
LIMITATIONS OF LIABILITY
- The User waives and shall not assert any claims or allegations of any nature whatsoever against MX Labs, 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 the use of the the Services 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 the User or any third party from any claim or allegation arising from the use or other exploitation of the Services or any Third Party Apps. You use the Services or any Third Party Apps at your own risk.
- Without limiting the foregoing, neither MX Labs 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 Services or any Third Party Apps, including without limitation any damages caused by or resulting from User’s reliance on the the Services or any Third Party Apps or other information obtained from MX Labs or any other Released Party or accessible via the Services 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 MX Labs or any other Released Party’s records, programs or services.
- In no event shall the aggregate liability of MX Labs, 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 Services exceed any compensation paid by the User for access to or use of the Service during the three months prior to the date of any claim. In no event shall MX Labs 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.
- The User will indemnify and hold harmless MX Labs 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) User’s access to or use or misuse of the Services, (ii) any content created using the data provided by the User or in any other way created by the User, (iii) breach or alleged breach of any warranties made by the User hereunder or violation of any other provision of these Terms, or (iv) violation of any law or the rights of a third-party (collectively, “Indemnified Claims”). MX Labs reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. The User agrees to reasonably cooperate as requested by MX Labs in the defense of any Indemnified Claims.
- Without prejudice to any other rights, MX Labs may terminate this agreement without notice with immediate effect, in case of violation of the Terms by the User. In the event of termination MX Labs may delete any data, including measurements or any other outcomes of the Services as well as User Content.
- The User may terminate the agreement any time by uninstalling the Services mobile device internal memory or ceasing to use the Services and notifying MX Labs. All provisions of the Terms concerning disclaimers, waiver of rights, warranty, limitation of liability, remedies or compensations as well as ownership shall survive termination of the agreement.
- If the agreement is not terminated by either you or MX Labs it shall continue for an indefinite period, unless any law stipulations require it to expire earlier.
MX Labs may amend or modify this agreement from time to time. In such an event, MX Labs shall notify the User of all introduced amendments or modifications announcing this with an explicit notification in the Services. If within one month after such announcement the User fails to raise an objection against the amended Terms, the further use of the Services shall mean that the User accepts the new version of the Terms.
THIRD PARTY CONTENT
The application includes the Surrey Face Model developed by the Centre for Vision, Speech and Signal Processing at the University of Surrey as described in Huber, P., Hu, G., Tena, R., Mortazavian, P., Koppen, P., Christmas, W.J., Ratsch, M., Kittler, J. 2016. A Multiresolution 3D Morphable Face Model and Fitting Framework. 11th International Joint Conference on Computer Vision, Imaging and Computer Graphics Theory and Applications, 27-29 Feb 2016, Rome, Italy © University of Surrey 2016 provided under licence by the University of Surrey, United Kingdom.
- These Terms as well as all relations between the User and MX Labs which may be connected with the Terms of any other use of Services shall be governed by and construed under laws of Estonia, unless any laws, including applicable laws of European Union do not allow such choice of law and require other law to be applicable. In case of any dispute relating to the Terms as well as any other relations between the User and MX Labs which may be connected with the use of Services, the parties shall submit such dispute to a common court having jurisdiction over the business seat of MX Labs, unless laws of Estonia, including applicable laws of European Union do not allow a choice of jurisdiction and require other forum to be applicable. In case of doubts as to the contents of this agreement resulting fromage versions the English version shall prevail.
- If any of the provisions of these Terms shall be held invalid or unenforceable by any court of appropriate jurisdiction, the remaining provisions hereof shall remain in full force and effect. This agreement shall be the entire agreement between the parties in respect to the subject matter hereof, and shall replace any and all prior agreements, whether in writing or in other form.