HEART RATE PRO

TERMS OF USE

I. INTRODUCTION

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE.

Your use of the products of Appinno OU (the Company) will be subject to these terms, and by using the products of Appinno OU you agree to be bound by them.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.

II. CHANGES TO THIS AGREEMENT

Supplemental terms, policies or documents that may be posted at the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

We will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.

III. GENERAL TERMS

The App offers a heart rate monitor which uses the camera and its flash to determine your heart rate in beats per minute. You can find the full performance list on the App’s page on itunes.apple.com.

IV. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services. Please read our Privacy Policy carefully.

By providing the information to the Application, you automatically grant the Company the right to use this information under the terms of the Privacy Policy. These rights are granted around the world and for the duration of these Terms. Thus, you provide the Company with an irrevocable, eternal, non-exclusive worldwide license for the use of the provided information, as well as the right to grant sub-licenses for this information. We reserve the right to use this information, including user names and user information within the Application for our promotional purposes.

V. END USER LICENSE AGREEMENT

By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “License”).

You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App, you cannot sell any digital content (pictures, images,videos,audio, music etc.) available in the App.

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

VI. PROHIBITED BEHAVIOUR

You agree not to use the App in any way that:

- is unlawful, illegal or unauthorized;

- is defamatory of any other person;

- is obscene or offensive;

- infringes any copyright, database right or trademark of any other person;

- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You shall not make the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.

Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.

Also we are not responsible for the way you use the App.

It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

VII. RIGHTS AND OBLIGATIONS OF THE COMPANY

The Company reserves the right to review and remove or block the profiles, which, in our view, violate these Terms or do not comply with legal requirements, or may be offensive, or could violate the rights.

Management of the Application does not check the accuracy or truthfulness of the information provided by users. Despite the fact that we reserve the right to remove content that, in our view, may be offensive to the Application or other users, we cannot guarantee that all objectionable material will be removed. We have the right to investigate any violation of these Terms and, if necessary, immediately suspend or deny user access to certain Services without notice. Using the Services, you understand and agree that the information provided by other users may not be real, and that the Service is intended solely for entertainment.

The Company reserves the right to use the Application as an advertising platform, i.e. to display promotional materials - both our own and that of a third party - in any form, which we consider necessary.

The Company may from time to time report anonymous information to its partners for the use in targeted mailings (by age group, gender, etc.). In these cases, the Company does not transmit any information that would identify you as a User.

VIII. CHARGES

The App is provided on a free basis. Once you download the App, you’ll have access to its basic features.

Certain services within the App may be available as an In-App Purchase.

Access to some services and/or additional features within the App requires paid subscriptions. The full list of Premium options and pricing is provided on the App’s page. You will have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic functions of the App. Premium options are available during the whole free trial period.

You can choose different subscription options. Prices are in U.S. dollars and may vary in countries other than the U.S. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.

Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew options can be turned off in your iTunes Account Settings at least 24 hours before the end of the current period. Payment will be charged to iTunes Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.

IX. TERMINATION

You have the right at any time and for any reason to stop using the Application, by means of the appropriate functionality of the device where the Application is installed. Payments made by you for the paid Services before the date of termination of the agreement with the Company (the date of uninstall of the Application from the device), will not be refunded. The Company reserves the right to immediately suspend or terminate your access to the Service without notification after we learn of any violation of these Terms.

X. MEDICAL DISCLAIMER

You are solely responsible for your own health. The App is offered for educational and entertainment purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition or to be a substitute for professional medical care.The App is not a clinical pulse oximeter.

NOTHING WITHIN THE SERVICES PROVIDED BY THE APP IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS.

If knowing your pulse rate (heart rate) is critical to your health, you need to have your pulse taken by a medical professional.

XI. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.

XII. DISPUTES RESOLUTION PROCEDURES

To resolve any disputes according to the Service or Application, you should contact the Company via "Support" option in the Application. The Company will exercise every effort to resolve any controversies or disputes quickly, professionally and efficiently.

The Company is not obligated to enter into the resolution of any dispute between the Users and is not obliged to provide any resolution of disputes arising between Users.

In case of a claim or filing a lawsuit against the Application as a result of your use of the Application or Service, including any breach of these Terms, or in the case of any fines or filing any claims by other parties against you, you agree to pay, independently be responsible and hold harmless the Application against any claims or lawsuits. You also agree to assist when the need arises, with objections to any such claims, as well as to give the Company the opportunity to take on the defense and control of the case.

LAST UPDATED DATE: JULY 31, 2024