PLEASE READ CAREFULLY BEFORE USING THIS SITE. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT. Hello Heart Inc., a company with offices at 545 Middlefield Road, Menlo Park, CA, USA (“Hello Doctor” or “Hello Heart”, “us”, “our”, “we”) provides a mobile application that connects to Equipment (defined below) and helps users understand their heart health and make choices that, as part of a healthy lifestyle, can reduce the risk of high blood pressure, high cholesterol, and heart disease (“Application” and the “Service” respectively). These Terms of Service (“Terms”) govern your access and use of the Service. “You” or “Your” means a user of the Service. You agree that by registering for or accessing or using the Service you are entering into a legally binding agreement with us. Any entry into, and use of the Service constitutes your agreement to these Terms and all applicable laws and your certification that you are authorized to accept these Terms. We may revise and update these Terms at any time
and such revisions are binding. Changes to these Terms shall apply as of and following the date of the change.
By requesting to use, registering to use and/or using the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial use of the Service or related content, but you may use the Service for your personal use subject to these Terms. Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline. Hello Heart does not practice medicine and does not replace medical care. Persons using this application assume full responsibility for the use of the Service and agree that Hello Heart is not responsible or liable for any claim, loss, or damage arising from the use of the Services. Hello Heart does not recommend or endorse any specific drugs, tests, physicians, products, procedures, and opinions. Your reliance upon the information obtained or used by you is solely at your own risk. Hello Heart allows you to access and use the Service subject to the terms and conditions of these Terms for your own use only. The Application is not for use by healthcare providers or for any other
commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed as informational only.
When you complete downloading the Application, you will need to create a Hello Heart account. Your account allows you to use the Service, subject to these Terms and our Privacy Policy (which may be accessed at helloheart.com and is hereby incorporated by reference). We reserve the right to refuse to allow a user to open or maintain an account for any legal reason in our sole discretion. To create an account, you must provide us with your e-mail address and select a password. You may not provide false information during the registration process. You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not join Hello Heart again without express permission. You agree to immediately notify Hello Heart of any unauthorized use of your account or password of which you become aware. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Hello Heart will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Hello Heart harmless for any improper or illegal use of your account, including by someone to whom you have given
permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Service.
Once You register to use the Service, Hello Heart will provide you with a blood pressure monitor and one or more pieces of equipment (“Equipment”) to be used by You in connection with the Application and the Service. Title and risk of loss in the Equipment will pass to You on delivery of the Equipment. By accepting delivery of Equipment, You accept and assume the risk of loss, damage and destruction, as well as the obligation to properly dispose of Equipment. Once delivered, You agree not to return, and Hello Heart will not accept the Equipment for any reason. The terms and conditions that apply to the
Equipment in these Terms, will survive the expiration or termination of these Terms, or your account, for any reason.
Internet connectivity is required for access to and use of the Service. To access the Service by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the Service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for enabling
Internet connectivity and any fees or costs you incur to access the Service through any wireless or other communication service.
We don’t claim ownership of the content you provide on the Service. Your content remains your content and you have rights to your data as described in the Privacy Policy. We also don’t control, verify, or endorse the content that you and others make available on the Service. Hello Heart may use de-identified and aggregated information and extract statistical data from your content in the manner described in our Privacy Policy; such as de-identified data, aggregate information, and statistical data is owned by Hello Heart. We may share enrollment and usage (engagement) information needed to administer the wellness program with employers. If you share information on the Service in a way that infringes others’ rights, including privacy rights, you’re breaching these Terms. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the information doesn’t violate any law. We may remove your information from the Service at any time if you breach these Terms. You’re responsible for backing up the data that you store on the Service. We recommend that you keep your original documents for backup. If your account is terminated by you or us, you hereby authorize us to permanently delete your data from our servers. You agree that we have no obligation to return data to you after the Service is cancelled. If data is stored with an expiration date,
you agree that we may also delete the data as of that date. Deleted data may be irretrievable.
You agree that Hello Heart may for any legal reason, in its sole discretion and without notice, terminate your account, and remove from the Service any content associated with your account. Grounds for such termination may include, but are not limited to, the following: (i) you are ineligible to use the Services (ii) extended periods of inactivity associated with your account, (iii) your violation of the letter or spirit of these Terms, (iv) fraudulent, harassing or abusive behavior associated with your account, (v) behavior associated with you or your account that is harmful to other users, third parties, or the business interests of Hello Heart, or (vi) behavior associated with you or your account that violates the privacy of other users or third parties. If Hello Heart believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may request termination of your Hello Heart account at any time and for any reason by sending an email to contact@helloheart.com. Any suspension, termination, or cancellation shall not affect your obligations to Hello Heart and its licensors under these Terms, including but not
limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.
You explicitly consent to the use, access, disclosure, transfer and preservation of your Personal Information (as defined in the Hello Heart’s Privacy Policy) by Hello Heart in connection with providing the Service, including storing, processing, and disclosing the data in accordance with these terms and Hello Heart’s privacy policy, which is available at helloheart.com and is incorporated by reference in these Terms.
Hello Heart maintains advanced security protocols in maintaining your information. However, when using the Hello Heart app, you remain responsible for maintaining the
security of your device, including locking the device to protect information in the Hello Heart app from unauthorized access.
As described in more detail below, by entering into this Agreement or using the Program, you agree to receive certain automated communications from us, including via mail, email, text message, calls, and push notifications, about your order, account, or health, at the mailing address, email address, phone number, or device you provided to us.
By providing your email to Hello Heart, you agree to receive email communications about your order, account or health, which may include, but are not limited to: health care messages (e.g. confirmations and reminders to use Hello Heart for heart health purposes, home healthcare instructions, wellness checkups, prescription notifications, lab results, etc.). If you wish to opt out of non-transactional emails, please follow the unsubscribe options in the email itself.
By providing your phone number to Hello Heart, you agree to receive transactional communications about your order and/or account status from Hello Heart, such as communications regarding account registration, program activation, and verification. Standard text messaging charges from your cell phone carrier may apply to text messages we send.
By checking the box “□ Yes, remind me to stay on track! I agree to receive automated* text reminders and telephone calls from Hello Heart to check my health, provide status on orders and product updates available to me.”, you agree to receive reminders about Hello Heart, communications concerning health awareness and updates to our Program that may be of interest to you and other communications pertaining to the services provided by Hello Heart. Hello Heart may send up to 10 text messages a week. You do not have to agree in order to use our service. If you wish to opt out of such reminders and updates calls or texts but still receive important transactional account, order, or health messages, you can reply STOP to the text message or send a text message stating
“STOP” to (650) 590-1099 from the mobile device receiving the messages. Standard text messaging charges from your cell phone carrier may apply to text messages we send.
If your Personal Information is altered, destroyed, acquired, accessed, used, or disclosed in a manner not outlined by these Terms that compromises the privacy or security of the Personal Information, you agree to receive notification of this breach from Hello Heart or its delegate via electronic mail in lieu of first-class mail. The notification may be provided in one or more electronic mailings as information becomes available. If you do not agree to receive breach information via electronic mail, you must contact Hello Heart by email at contact@helloheart.com and withdraw your consent. You also permit Hello Heart, to the extent your phone number is available and current, to call you and notify or update you about the breach of your Personal Information prior to and after sending electronic
mail notification. To the extent it is required by applicable law, Hello Heart may report the breach of information to governmental authorities or other required third parties.
All elements comprising the Application and Services, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Hello Heart or its licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Services or any Hello Heart content is strictly prohibited. Trademarks, service marks and logos displayed on the Service are the exclusive property of Hello Heart unless otherwise stated and may not be
used without the express written consent of Hello Heart. All rights not expressly granted herein are reserved to Hello Heart, its affiliates and its licensors.
You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s password or other Personal Information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of Hello Heart or any other third parties’ intellectual property, privacy or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. The software and technology underlying the Application is the property of Hello Heart, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Application and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (e) harvest, collect or mine information about other users of the Service; or (f) use or access another user’s account or password without permission. Hello Heart can only be used for personal
purposes and can’t be used by corporations for commercial use without a written consent from Hello Heart.
Hello Heart shall use reasonable commercial efforts to maintain the availability of the Service, but does not guarantee any specific level of availability of Service. Hello Heart will not be liable to you as a result of temporary service interruptions. You acknowledge that Hello Heart may, in its sole discretion and at any time, modify or discontinue
providing Services or any part thereof without notice, and in such event you will not be able to access your health information you have uploaded to the Service.
Your use of the Service and Equipment is at your sole discretion and risk. The information obtained through Hello Heart is for informational purposes only and should NOT be used as a substitute for the advice of an appropriately qualified and licensed physician or other health care provider. The Service and Equipment are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Hello Heart. HELLO HEART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, THE EQUIPMENT, AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HELLO HEART DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE AND EQUIPMENT; OR (II) THAT THE SERVICE AND EQUIPMENT WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE AND EQUIPMENT. HELLO HEART IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE SERVICE AND EQUIPMENT. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Hello Heart content information at any time without prior notice. In addition, our Services use publicly available data courtesy of the U.S. National Library of Medicine (NLM), National Institutes of Health,
Department of Health and Human Services; NLM is not responsible for the services and does not endorse or recommend this or any other service.
Your use of the Service and Equipment is at your own risk. Hello Heart assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service and Equipment. Hello Heart is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person’s mobile phone related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Hello Heart be responsible for any loss or damage, including personal injury or death, resulting from use of the Service and Equipment, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. IN NO EVENT SHALL HELLO HEART OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER THEORY, LEGAL, EQUITABLE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, APPLICATION AND EQUIPMENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HELLO HEART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL HELLO HEART’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO HELLO HEART FOR USE OF THE SERVICE, APPLICATION AND EQUIPMENT. IF YOU HAVE NOT
MADE ANY PAYMENTS TO HELLO HEART FOR THE USE OF THE SERVICE, THEN HELLO HEART SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless Hello Heart and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service and Equipment; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the service violating third party intellectual, privacy or other rights and (e) any other matter for which you are responsible hereunder or under
law. You agree that your use of the Service and Equipment shall be in compliance with all applicable laws, regulations and guidelines.
Programs and devices that connect with, or are used in connection with, the Application are provided by third parties. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by Hello Heart. Your use of those programs and devices is solely between you and the third party. Your use of them is governed by those programs’ separate terms of use and privacy statements. The programs’ terms do not apply to the service or to your legal relationship with Hello Heart. Nothing in any third-party terms increases our liability or changes your relationship with us. Certain programs may not be available to all Hello Heart users. Please review the
terms and privacy statements provided with third-party programs. Be aware that they affect how you share your Personal Information when using that third-party program.
The failure of Hello Heart to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, or operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time. Severability If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such terms shall be interpreted and enforced to the fullest extent
permitted by law. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term.
All notices hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service email to Hello Heart, at contact@helloheart.com. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by email. Governing Law and Venue These Terms shall be interpreted in accordance with the laws of the State of New York, USA. Customer agrees that any legal or equitable action of whatever nature by or against Hello Heart arising out of or related in any respect to these Terms shall be brought exclusively in the competent courts of the State of New York.
Updated: November 22, 2022
.png "facebook"){kind=small}
