Measure heart rate. Blood pressure & blood oxygen tracker
I. INTRODUCTION
These Terms of Service (collectively, the Agreement) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person ("you", "your" or "user") and Bigwell Lab ("we", "us" or "our"), concerning your access to and use of application for mobile devices (the App).
Please read this Agreement carefully before you download, install or use the App.
It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.
If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE APP
In order to download, install, access or use the App, you must (a) be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use, download, install, access the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian's consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any use of the App by minors.
Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.
You affirm that you are either more than eighteen 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
V. 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.
VI. 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 pictures 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.
All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Bigwell Lab and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.
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.
VII. 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.
All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of the United States of America, and shall be submitted to the sole jurisdiction of the competent courts of Massachusetts, the United States of America.
VIII. PHYSICAL ACTIVITY NOTICE
The App may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Bigwell Lab is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.
IX. AVAILABILITY OF THE APP, SECURITY AND ACCURACY
In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access.
The App is available for downloading and installing on handheld compatible mobile devices running Android Operating System.
We do not warrant that the App will be compatible with all hardware and software which you may use.
We make no warranty that your access to the App will be uninterrupted, timely or error-free.
You acknowledge the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
The version of the App may be upgraded from time to time to add support for new functions and services.
We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.
You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.
XI. THIRD PARTY WEBSITES AND RESOURCES
App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided as is for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
XII. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED AS IS, AND AS AVAILABLE. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We do not give you any guarantee for the proper functionality of the App, however, if you believe that our App has not met your expectations, you may notify Google, and Google may refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
XIII 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.
XIV. 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.
XV. LEGAL COMPLIANCE
You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
XVI. GOVERNING LAW AND CLAIMS
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, USA.
We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you choose to access or use the App from or in locations outside of the United States, you are responsible for:
a) ensuring that what you are doing in that country is legal; and
b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.
Any claims shall be exclusively decided by courts of competent jurisdiction in Boston, the State of Massachusetts, USA and that applicable Federal law shall govern, without regard to choice of law principles.
If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action.
If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
XVIII. TERMINATION
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.
Bigwell Lab is founded on the principle of helping people discover new knowledge in an easy and fun way. We know that you care about how your personal information is used and shared, and we take your privacy very seriously. By using Bigwell Lab application (the "Application", "we", "us"), you are accepting the practices outlined in this policy. The column on the right provides a short explanation of the privacy policy and is not legally binding.
We collect information in a few different ways:1. When you give it to us or give us permission to obtain itWhen you sign up for or use Bigwell Lab, you give us certain information voluntarily. This includes your name, email address, profile photo, and any other information you give us. You can also choose to share with us location data, age, or gender.If you log-in using a social media (such as Facebook or Google+) log-in, you are granting permission to the social media service to share your user details with us. This may include your name, email address, date of birth (which we will use to screen for children under 13 years of age, once the screening is complete we will store the age only), photo, and location, which will then be used to create a Bigwell Lab identity. These social media services may use information about your visit to Bigwell Lab on their pages. If you browse these pages while still logged in to your account with us, information they collect may be connected to your account on their Website. For more information on how these social media services use information, please review their privacy policies.If you link your Facebook, Twitter, or Google account to Bigwell Lab, we also get information from those accounts (such as your friends or contacts). The information we get from those services depends on your settings and their privacy policies, so please check what those are.2. We also get technical information when you use Bigwell LabWhenever you use any website, mobile application or other internet service, certain information gets created and logged automatically. The same is true when you use Bigwell Lab. Here are some of the types of information we collect:Log data. When you use Bigwell Lab, our servers record information (“log data”). This log data includes your Internet Protocol address, approximate location and time zone, the date and time of your request, operating system, language, and device data. We collect the duration of your visits, your actions on these visits (for example, views, clicks, likes or comments on content, or interactions with social media features)Device information. In addition to log data, we collect information about the device you’re using Bigwell Lab on, including type of device, settings, unique device identifiers and crash data that helps us understand when something breaks. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using an iPhone or Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider. We also automatically record your Google Advertising ID (if you are using an Android device) or your advertising Identifier (IDFA – if you are using an iOS device), for advertising purposes. The Google Advertising ID is an anonymous identifier, provided by Google Play services. If your device has an Advertising ID, we collect and use it for advertising and user analytics purposes. Further, we may use other persistent identifiers for non-advertising purposes. If your device does not have Advertising ID, we will use other persistent identifiers. The information collected may also be stored on your device.
We use the information we collect to provide the Service to you. We commit to showing you content that’s relevant, interesting and personal to you. To do that, it’s necessary for us to use your information to:
In addition, and for similar reasons, we have a legitimate interest in using your information in these ways. It is also fundamental to the nature of the Service we provide. In short, it’s necessary for us to do these things in order to make the Service relevant, interesting and personal to you like we promised, and it’s in both of our interests for us to do that.
We keep your information only so long as we need it to provide the Service to you and fulfill the purposes described in this policy, or until your account is deleted - whichever comes first. This is also the case for anyone that we share your information with and who carries out services on our behalf. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or depersonalize it so that we can't identify you. If you have not used your Bigwell Lab account in the last 12 months then your account may be deleted in line with this privacy policy. In case your quizzes are used in the Service we will not delete your account until your request.
Our goal is to give you simple and meaningful choices regarding your information. If you have a Bigwell Lab account, many of the choices you have on Bigwell Lab are built directly into your settings. For example, you can:
You also have choices available to you through the device or software you use to access Bigwell Lab. For example, your mobile device lets you change your notification settings or completely unsubscribe from all the notifications or choose how and whether your location, photos, advertising identifiers and other data is shared with us.To learn more about these choices, please see the information provided by your device or software provider.If you're an EEA user, you also can:
Bigwell Lab is a worldwide service. By using Bigwell Lab, you authorize us to transfer, store and process your information outside your home country, including in the United States, for the purposes described in this policy. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country.We take additional measures when information is transferred from the European Economic Area (EEA). This includes having standard clauses approved by the European Commission in our contracts with parties that receive information outside the EEA. We also rely on European Commission adequacy decisions about certain countries, as applicable, for data transfers to countries outside the EEA.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties, whom we share your information with, so we can provide your Bigwell Lab experience, make sure our customization is effective and comply with laws that apply to us. We share your information with:
Please remember that the content that you submit to the Service, including your quizzes or comments you post, and content you submit to your profile page is accessible to anyone on the Internet. Please avoid submitting any content that is private or confidential, or any content that you do not want to be used and viewed by others. You are solely responsible for any legal or other repercussions that occur as a result of your content, and we do not assume any responsibility or liability which may arise from your User Content.
The security of your personal information is important to us. We maintain a variety of appropriate technical and organizational safeguards to protect your personal information. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide the Service to you or in order to do their jobs. Further, we have implemented reasonable physical, electronic, and procedural safeguards designed to protect personal information about you. When you use our application, we encrypt that information in transit using industry-standard Transport Layer Security (TLS) encryption technology. No method of transmission over the Internet, method of electronic storage or other security methods are one hundred percent secure. Therefore, while we strive to use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our application, products and services are all directed to people who are at least 13 years old or older. If you are under the age of 13, please do not send any information about yourself to us, including your name or email address. In the event that we learn that we have collected Personal Information from a child under age of 13 without verification of parental consent, we will delete that information as quickly as possible.If you are based in the EEA you may only use our Service if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Bigwell Lab has been provided to us.
We may revise this Privacy Policy from time to time, in our sole discretion, and the most current version will always be posted on our website and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We encourage you to review this Privacy Policy regularly for any changes. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Privacy Policy. If you do not agree to the new Privacy Policy, please stop accessing or using the Service.